Public Gates Act of 1873 No 14a (NSW)

No. XIX.

An Act to autliorizo tlie erection of Pultlie Gates across certain Roads. [24t/t April, 1873.]

"ITTIIEIIEAS it is expedient to make provision for the erection of Preamble,

W Puhlic Gates hy the occupants of inclosed land through

which any unfcnced puhlic road may pass Bo it therefore enacted hy tlic Queen’s IVtost Excellent IMajesty hy and witli the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and hy the authority of the same as follows :—

1. This Act shall come into force on the first day of Ju ly and Commcnt'emcnt aui

may he cited as the “ Puhlic Gates Act of 1873.”

2 . In the construction of this Act the word “ occupant” s h a l l of

mean any person in lawful possession of land The term “ puhlic road ” shall mean any road or jiortion of a road and also any track or jfortion of a track within tin; meaning of the nineteenth section of the Crown Lands Occupation Act of 18G1 heretofore or hereafter to he dedicated to or lawfully used hy the puhlic.

46 No. 20. 36» VIC. 1873.

Grape-vines and Grapes Importation Prohibition.

Erection of gates 3. Tho occupant of any land tlirougli any unfcncod.

across roads. public road passcs may at his own cost place gates across such road

' wherever the same intersects any fence enclosing or hounding liis laud or any part thereof upon obtaining permission so to do from tlie Secretary for Lauds Provided that notice of intention to grant such permission shall he published in the Government Gazette and some local newspaper if any at least thirty days before commencing the erection of such gate or gates and that the form and position thereof shall have been approved l̂ y the said Secretary for Lands And evciy such gate shall during its continuance be designated a “ public gate” and shall have the w'ords “ public gate” painted and maintained thereon in legible characters not less than three inches in length Provided that the Secretary for Lands may so soon as any road or portion of road passing through enclosed lands has been securely fenced on both sides revoke and cancel the permission granted for the erection of gates across such road or portion of road.

Penalty for leaving a 4 . Whosocvcr after liaviug opciicd or passed through any public

public gate open. shall fall to closc tlic sauic 01’ whosocvci’ shall hreak or injure such gate or deface or attempt to deface the words painted thereon shall on conviction thereof before any Justice of the Peace forfeit and pay over and above tho amount of tho injury (if any) occasioned by such misconduct such sum of money not exceeding five pounds as to such Justice shall seem meet to be recovered in a summary way in pursuance of the provisions of the Act or Acts in force for the time-being regulating proceedings on summary convictions before Justices And in default of payment thereof together with the costs if ordered the offender shall be imprisoned for a period not ex­ ceeding two months or until payment be sooner made And if it be proved that such gate was wilfully left open the offender shall on. conviction thereof before any two Justices forfeit and pay over and above the amount of tho injury occasioned by such misconduct such sum of money not exceeding twenty pounds as to the Justices shall seem meet to be recovered as aforesaid and in default of payment thereof together with the costs (if ordered) shall be imprisoned for a period not exceeding six months or until payment lie sooner made.