Port Adelaide Road Tolls Act 1860 (SA)

ofre i id to

pay, toll-colle&rs 2, If any person subject or liable to the payment or any toll by refuse to pay the same or any part thereof, it shall be 1a;vful for the persons authorized or appointed to collect auch tolls by them. selves, or taking such asshtance as they shall think necessary, to seize and distrain any horse, beast, cattle, carriage, or other thing upon or in respect of which any such toll is imposed, together with their respective bridles, saddles, gears, harness, or accoutrements, except the bridles or reins of any horse or other beast separatc from the horse or beast, or any carriage in respect of' the horses or cattle drawing the carriage on which such toll is imposed, or any of the goods or chattels of the person so neglecting or refusing to pay; and if the toll, or any part thereof, so ne- glected or refused to be paid, and the reasonable charges of such seizure and distress, shall $not be paid within the space of four days next after such seizure a ~ d distress made, the person so

ma7-e	d i s t r ~ virtue of this Act, shall, after demand thereof made, neglect or
for -toll.

. seizing and distraining may sell the horse, beast, cattle, carriages, or things so seized and distrained, or a anficient part thereof, returning the overplus of the money to arise by such sale (if any), and what shall remain unsrid, upon-demand, to the owner thereof, after such tolls and the xcasonable charges occasioned by such seizure, distress, and sale shall be deducted.

Disputes to be scttIed	3. If any dispute s h d happen or arisc about the amount of the tolls due, or the cha~ges of making, keeping, or selling any distress, made for non-payment of any tolls, it shall be lawful for the col- lector, or person &straining, to retain such distress, or the money arising from the sale thereof, as the case may be, until the amount of the tolls due and the charges of the making, keeping, and selling the distress be ascertained by some Justice of the Peace for the said Province, who, upon application made to him for that purpose, shall examine the matter on the oath of the parties or other witness or witnesses, which oath such Justice is hereby avthorized and empowered to administer, and shall de- termine the amount of the tolls due, and &a11 award such costs
by one Justice.
and charges to either party as to the said Justice shall appear right and proper; all which costs and charges shall and may he levied and
recovered, in case of non-payment thereof forthwith, by distress and sale of the goods and chattels of the pcreon or pcrsuns so awarded or directed to pay the same, by warrant under the hand and seal of such Justice, rendering the overplus (if any), upon demand, after deducting the costs and charges of making such distress and sale, to the person or persons whose goods and chattels @hall have been
PYOY~BO.	so &strained and sold: Provided that no person shall be required to attend before any such Justice touching any of the matters afore- said, which Justice shall reside beyond seven miles from the place where such distress shall be made.

randtie8 imposed in	4. If any person r hall with any horse, ca.ttl6, beast, or
certain casea of

evasimaf payment camiage, go off or pass from any road, through or over auy

of toll.

*X land or ground near or adjoining thereto, not being a public

road

~ o a d or highway, and such person not being the owner or occupier, or servant, or one of the family of the owner or occupier of such land or ground, with intent tb evade the payment of any tolls granted by this Act; or if any owner or occupier of any such land or ground, shall knowingly and willingly permit or suffer any person, except as aforesaid. with ahy horse, cattle, beast, or carriage whatsoever, to go or pass through or over such land or ground, with intent to evade any such toll; or if any person shall fraudulently or forcibly pass through any such toll-bar or toll-gate with any horsc, cattle, beast, or carriage whatsoever, by reason whereof the payment of any toll shall be avoided or lessened; or shall take off, or cause to be taken off, any horsc or cattle from any carriage, either before or after having passed through any toll-bar, or toll-gate, or having passed through any toll-bar, or toll-gate, shall afterwards add or put any horse or other beast to any such carriage and draw therewith upon any part of any road so as to increase the number of horses or other beasts drawing the said carriage, after the same shall have passed through any toll-bar or toll-gate, whereby the pay- ment of all or any of the said tolls shall or may be evaded; or if any person shall do any other act whatsoever in order or with intent to evade the payment of all or any of the said tolls, and whereby the same shall be evaded, every such person shall, for every such offence, forfeit and pay any sum not exceeding Five Pounds.

5. F h r y toll-collector shall place or cause to be placed on some Collectors to have their names painted

conepicnous parts of the fronts of the several toll-houses or toll-bars,	front of t&-housa
at which they shall be respectively stationed, and so that the same shall appear to public view, their Christian ard surrmmes, painted in black on a board with a white ground, each of the letters of such names to be at least two inches in length and of a breadth in proportion, and which board shall be and remain at such toll-house, toll-gate, or toll-bar, during the whole of the time that the person whose name shall be expressed thereon shall be on duty thereat, and every such collector shall place or cause to be placed on the front of the toll- house, toll-bar, or toll-gate at which such collector shall be stationed,
to the same respectively, which board shall also contain the name of	the board containing the list of tolls hereinbefore directed to be affixed	the toll-gate, toll-bar, or toll-house, to which the same shall be affixed, as well as the list of the tolls payable at such toll-bar or toll-gate where such collector shdl be stationed as aforesaid; and if any collector of the said tolls shall not place such boards respectively as aforesaid, and keep the same there during the time he shall be such collector as aforesaid, or shall refuse to permit or suffer any person to read, or shall in anywise hinder any person from reading the inscrigtiom on such boards respectively; or shall refuse to tell his Christian and surname to any person who shall demand the same, on being paid the said tolls or any of them, or shall, in answer to such demand, @ve a false name, or, upon the legal toll being paid or tendered, shall unnecessarily detain or wilfully obstruct, hinder, or prevent any passenger from passing through any toll-bar or toll-gate, or
shall make use of any scurrilous or abusive language to any traveller

or paaenger, then, and in every such case, every such toll-collector ~ h d l forfeit and pay any sum not exceeding Five Pounds for every

such offence,

Tou-eO1keaw@W 6. If any collector or other person appointed to collect the of rni~eonduct to be

fined.	tolls on any road, shall allow any ~oach, waggon, b y, cart, or other c d a g e of whatever description, or m y horse, beast, or other cattle liable to pay toll, to pass through any toll-bar or toll-gate, without paying the toll payable thereat, or shall demand and take a greater or less toll from any person than he shall be authorized to do by virtue of this Act, or of any order or direction made in pursuance thereof, or shall demand and trtke a toll from m y person who shall be exempt from the payment thereof, and who shall claim such exemption, or &tall refuse to permit or suffer any person to read, or shall in anywise hinder any person from reading the inscriptions on such toll-boards as aforesaid, or shall refuse to tell his Christian and sunlame to any person who shall demand the same, on being paid the said tolls or any of them, or shall in answer to such demand give a false name, or upon the legal toll being paid or tendered shall unnecessarily detain or wilfully obstruct, hinder, or prevent zny passenger from passhg though any toll-bar or toll-gate, or shdl make use of any scurrilous or abusive language to any Commissioner or Surveyor of the District in which such toll-bar, toll-gate, or toll-house is situate, or to any traveller or passenger, or shall be. guilty of any other misconduct in his office, then and in every such case; every such toll-collector or other person, on conviction, for every such offence, shall forfeit and
pay a penalty not exceeding Five Pounds.
Collectors not
accounting for toll,	7. If any coX.lector of tolls upon any road shall neglect or refuse same, upon demand, the money collected and paid at any toll-bar, toll-gate, or toll-house at which he shall be stationed as collector, every such collector shall, for every such oflence, forfeit and pay a
to pay a penalty of	to account for and pay over to the person authorized to receive the
i30.
penalty nat exceeding Fifty Pounds.
Toll-collactors die-

charged, and refusing 8. If any toll-collector who shall be discharged from his

, ~ v, , toll-ll,,,,, office by such Commissioners, or other person in that behalf

may be ejected UP^	authorized by such Commissioners, shall refuse to deliver up the
warrant.
posmssion of the house, buildings, and appurtenances which he enjoyed in right of his appointment, to that office within two days after notice of his discharge shall be given to him or left at his house, or if the wife or family of any such toll-collector who
c hall die as aforesaid, shall refuse to deliver up the possession of
such house, building, and appurtenances, within four days after lawfd demand for that purpose shall be made, then and in either of $he said cases it shall and may be lawful for any Justice of the Peace for the said Province, upon proof of any such refusal as afore-
aid, by warrant under his hand and seal, to order a constable, or
other peace officer, with auch assistance shall be necessary, to enter such house and premises in the day time, and to remove the

person

e"-*-"w,-.b," M

persons who shall be found therein, together with their goods, out of such house, and to give possession of such house and premises to the surveyor, or such person as by him, or by the Commissioners, shall be appointed to take possession thereof.

9. It shall be lawfbl for the said Commissioners, at a public meet- h w e r to farm t o b.

ing, to let to farm the tolls of the severd gates that may be erected upon the roadaunder their superintendence respectively, rafter causing notice

to be given of the time and place for letting the same, at least fourteen

days before the day to be app~inted for that purpose, by affixing such notice upon $U the toll-gates on the said road, and by insertion at least once in the South Australian Government Gazette, and spe- cifying that such tolls will be let by auction to the best bidder, on his producing sufficient sureties for payment of the sum offered, in terms of the condition of letting, and also specifying the proposed upset price, and that at the time and place fixed in such notice the said tolls shall accordingly be exposed to be let by auction during the outrunning of a half-hour glass, and the last bidder at the out- running of the said glass shall be declared the farmer or renter of the said tolls, and shall forthwith enter into a, proper agreement for the taking thereof, and paying the money at the time specified in. such notice, with such surety or sure,ties for payment thereof, and under such conditions, and in such manner, as the said Conmissioners shall think fit, and if the person being the highest bidder shall not forthwith enter into such agreement, it shall and may bct lawful to put up the said tolls again immediately for another bidder, and in' like manner to continue putting up the same until n bidder shall be found who shall entex into such agreement; and in case no bidder shall offer, or in case the same skhall not be let at such auction, it

shall be lawful for the said Comm:lssioners to accept a private tender

for the same, and to demise or let 'to farm, or agree to demise or to let to farm, all or any of such tolls, at the highest rent that can be obtained therefor, or the said Cammissioners may fix some future day for the letting themof, as they shall judge most poper, upon giving such notice thereof as aforesaid; and if the farmer or renter

for every such offence forfeit and pay a penalty of Five Pounds, and	mch as is directed or authorized by this Act, he shall, on conviction, of such tolls shall take a greater or less toll from any person than	the said agreements for renting the tolls shall, if the Commissioners
think fit to vacate the same, become null and void: Provided always, that at all such lettings, the said Cornmissioaers shall be entitled to bid for the tolls so to be let, either by themselves or their
clerk, or any other person by them respectively authorized: Pro- hovi-
vided also, that no such tolls shall be demised or leased for any longer term than one year at one time.

10. In case all or any of the said tolls shall be demised or let Power remcva

to farm to any person, and the lessee or farmer thereof sbdl neglect	lessee of bob. ;
or refus"e to perform the terms and conditions on which the same shall be demised or let, or in case the rent agreed to be paid by such lessee or farnzer shall be in arrear by the space offourteen days next

P after

after any of the days on which the same ought to be paid pursuant to the agreement for letting to farm thereof, or in case any such lease or agreement shall in any other manner become void, then and in any of those cases, it shall and may be lawful for any Justice of the Peace for the srnid Province, by warrant under his hand and scal, to order a constable or other peace officer, with such assistance as may be neces- sary, to enter upon and take possession of such toll-house, toll-gate, or toll-bar, and the buildings and appurtenances thereto belonging, and to remove and put out such lessee or f'arrner of thc tolls arising thereat respectively, or other persons who shall be found therein, together with their goods, out of and from the pussession of the said toll-housc or other buildings and appurtenances., and from the collcction of tolls, and to put the said Commissioners, or any one of them, or their officer, ox other persons authorized, acting by or under their authority, into the possession thereof, and thereupon it shall be lawful for the said Commissioners, if they shall think fit, to vacate and determine the contract or agreement (if a~iy) for demising or letting the said tolls to such farmer or lessee, and the same shall be from that time utterly void to all intents and purposes (save as to the covenants or agreements for payment up to that time of the rents thereby reserved, or other covenants or agreements on the lessees' part which shall have been holden) as if such demise or agreements had ncver been made, and it shall be lawful for the mid Commissioners, in every such case, to demise or let to farm the said tolls again to any other person, or cause them to be collected as if no former demise, contract, or agreement had been made relativc thereto, a q rule of law or right to the contrary notwithstanding.

Appropriation of	11. All and singular the tolls and moneys levied and takcii under the authority of this Act shall be appropriated by the said Commis- sioners of Main Roads to defray the cost of collecting such tolls and the expenses incidental thereto, and after such costs and expenses shall have been defrayed, the residue shall be expended in maintain-
moneys.
ing the Fort Road in an efficient state of repair; and an account of
the recelpts and expenditure by the said Commissioners of Main
Parliament.. Roads, under the authority of this Act, shall be annually laid before
Act.

Commencement d 22. This Act shall take eflect from the first day of January, 1861.

SCHEDULE.

SCHEDULE.

For every coach, chariot, chaise, gig, hearse, caravan, or other carriage;

and every cart, waggon, dray, or other vehicle, if drawn by one horse

or two bullocks. . .. .. .. .. .. .. .,

For every horse or two bullocks in addition to the above. . .. . .

For every such carriage or vehicle drawn by one pony, ass, or mule, not

exceeding thirteen hands high. . . .. .. .. .. .

For every such carriage or vehicle drawn by two or more such ponies, asses,

or mules . .. .. .. .. .. . .. .. .

For every saddle or led horse, mule, or ass . .. .. . .. @

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

$'or all sheep, lambs, calves, hogs, swine, or goats, driven, each. . . .

-p- -.h---

Adelaide; Printed by authority, by W. C, Cox, Government Printer, Victoria-quare.