Roads Act 1849 (SA)

ORDIA*ANCE enacted by the Governor of South Australia, with ik advice

and consent of the Legislative Council thereof.

For the Mnkipcg and intproving of Roads in South Australia. / R 7' -

may be defined under the provisions of this Ordinance, together with the Bridges thereof, and other public works in connection thercvith, shall be deemed and taken to be Main Roads; and that

A y / ~ ~ J -. -

-- -/-- -

110th October, 1849.1

HEREAS it is expedient to provide for the Making and Im- Premble*

W proving of Roads in South Australia-

'. Coflsfrrc'Bn. .-

BE IT THEREFORE ENACTED, by THE GOVERNOR OF SOUTH Am-

TRALIA, with the advice and consent of the LEGISLATIVE	COUNCIL	Definition of Main
and District Roads

thereof: THAT, for the purposes of this Ordinance, the great main ,,, Colmi~sioaen

lines of road, known as the Northern, Southern, Eastern, and thereof.

Tvcstern or Port Roads, as the same are now dedicated a d in use,

Cmstruattim. that all other Eoads now dedicated, and in use, as P~lblic Roads,

P

or which shall hereafter be sanctioned under the provisions of this Ordinance (not including any part of the Main Roads), together with the Bridges thereof, and other public works in connectiarl therewith, shall be deemed and taken to be District Roads; and that in the construction hereof, unless there be something repugnant, the word Roads" shall be taken to mean and. indude " Main

Roads" and District Roads," according to the subject matter and

the context; and the word Commissioners," in all matters relating

to Main Roads, shall be taken to mean the Central Board of Main

Roads," and in all matters relating to District Hoads, shall be takei~ to mean the District Board " having the care and management of the respective District Roads to which the subject matter shall relate.

As to existinoain I AND BE IT ENACTED, that in ordcr to ascertain and define

rr~d District Rods.

the Main and District Roads already dedicated and set apart for pnblic use, it shall be lawful for the Governor, from time to time, as soon after the commencement hereof as conveniently practicable, to cause to be deposited in the office of the Surveyor-General, survey maps and plans of the several existing Main and District Roads, tlescribing the course and bearings and the admeasurement of the same; and when and as often as such maps and plans are so depo- sited, to cause notice thereof to be published by advcrtiscmcnt in the South Australian Government Gazette, setting forth such particulars as lnay be sufficient generally to describe such Roads, and referriilg to the survey maps and plans deposited as aforesaid, which maps and plans shall be kept in the custody of the Surveyor-General, who shall permit all persons interested, to inspect the same, and which n q s and plans, or copies thereof, certified under the hand of the Sur- veyor-General, shall be evidence in all legal procccclings.

11. Centrat BOM-a, 111. AND BE IT ENACTED, - that thc ease and management, re-

Board of pair and maintenance, of the Main Roads, shall be and are hereby

Main Roads. vested in a Board of Commissioners, to be styled the ' L Central Board

of Main Roads ;" and that the said Board shall consist of six Members, to be annually nominated and appointed by the Governor, with the advice and consent of the Legislative Council, on or before the First day of January, for the year then next ensuing; and that until the First day of January, One thousand eight hundred and fiftyone,

such Board shall consist of the Members designated and

Schedule A.

named respectively in the Schedule hereto, marked A.: And

that, whensoever any vacancy shall occur in the said Board, the

same shdl bc filled up an the nomination of the Governor, with the

advice and consent of tpe Legislative Council, if the Council

be in Seesion at the time of the occurrence of such vacancy; or on

the nomination of the Guyernor, if the Council shall not then be in

Session

Session; such nominations being respectively notified in the South C m t d - Bomd

Australia?~ Gocernment Gazette, by direction of the Governor.

IV. AND BE IT ENACTED, that at all meetings of the said Chairmen of Ditttriet

Central Board, the Chairmen of the respective District Boards hcrc- tend	C'".
inafter mentioned, shall ex nficio be entitled to ttttcnd and be heard, and take a part in all proceedings, except that they shall: as such,
have no right of voting.

V. *!ND BE IT ENACTED, that for the care, control, manage- 311. DiatrictBoards,

mcnt. repair, ancl maintenance of District Roads throughout the	Board of
Yrovincc, there s l d l be, and there is hereby constituted and ap- Roadha pointed, in and for each and every Hundred now or hereafter to be created, a Board of Commissioners, to be styled the " District Board
of Roads," of such Hundred, consisting of five Members. And
that the First District Boards of Roads of such several IIundreds, shall be appointed by the Governor, by notice published in the South Azietralian. Government Gazette : And the said respective
last mentioned Commissioners shall continue and remain in office
until the first day of January, one thoz~~and eight huudred and fifty-one, and thereafter until their successors shall be elected, and inakc the declaration after mentioned.

VI. PROVIDED ALWAYS, AND BE IT EXACTED, that whcnsoever Certain Hundreds

it shall appear to the Governor, that the number of Ratepayers in ~ih;~;!t"nt~

any one Hundred is too inconsiderable for carrying out the provi-

sions of this Ordinance, it shall be laivful for the Governor, by Proclamation published in the South Australian Government Ga- zette, to declare such Hundred to be united with any adjoining Hundred, for the purposes hcrcof, until further Proclamation in this behalf: AND such united Hundreds shall, so long as such Procla- mation shall remain in force, unrcpcaled, constitute one District fix the purposes of this Ordinance, in the same manner as if they mere

one H-lundred.

VII. AXD BE IT ENACTED, that for the purpose of electing the subeequent elections

District Boa~ds for the following year, a meeting of the inhabitants O' co'mi'6i0ne"*

of C R C ~ respectiye District, qualified as after. mentioned, shall be

hela on the said First day of January, one thousand eight hundred

and fifty-one, at some convenient place within such District, of which Meeting, notice shall be given by the respective District Boards or their Clerk, or authorised Officer, at least n fortnight pre-

riously, or in default thereof, by any Justice of the Peace, in the

South Australian Government Gazette.

VIII. AND BE IT ENACTED, that at such meeting for the e l m Qualification of Vo-

tion of ~ommissioners, all persons shall be admitted t o votc who are "".

occupiers

District Boards.

occupiers: either as owners or tenants within the District for wllicll such election takes place, of not lcss than twenty acres of land, in respect of which such persons are rated, or liable to be rated, to the Assessments made, or to be made, under the provisions of this Ordi- nance: And every such person shall have, respectively, the number and proportion of votes according to the scale following, that is to say :-

If the property, in respect of which he is entitled to vote, consist of not less than-

Scale of votes. 20 Acres nor more than 80 Acres he shall have 1 vote.

80 < C 160 c C 'L votes.

66 66 C C

160 " 320

320 L c 640 c c 4 "

640 L' 6 6 1000 " < C 5 "

l000 andupwards .,............,....,..,. ,..,..,..... 6 G C

Proviao. PROVIDED ALWAYS, that no such person shall have more than

six votes: AND PSOVIDED that no person whatsoever shall be admitted to vote at such election, who has not, between the first and twenty-fourth days inclusive, of the month of December immediately preceding such election, registered his qualification to vote with the Clerk or other authorised Officer of the District Board, for which registration such Clerk or Officer shall

be entitled to a fee of One Shilling from each Elector, and no

Provieo. more: AND PROVIDED, that no person shall be allowed to vote, who has not paid to the person authorised to receive the same, all sums assessed on his land under this Ordinance.

Voter8h0wreturoed* IX, AND BE IT ENACTED, that s list of the Voters so registered

shall be produced by such Clerk or Officer at the meeting; and

the Chairman of the Commissioners for the preceding year, if present, and if not, the Senior Justice of the Peace, if any present, and if no such Justice be present, then such other qualified person as the meeting shall choose, being a Ratepayer within the same Dis- trict, shall preside at such election.

Mode of voting at	X.	AND BE IT ENACTED,	that at every such election, the voting
elections.

shall commence at nine of the clock in the forenoon of thc clay fixed for the election as aforesaid, and shall finally close at four of the clock in the afternoon of the same day (unless in case of ob- struction or necessary hindrance), and shall be conducted in manner following, that is to say :-Every person entitled to vote, may vote for any number of persons duly qualified (not exceeding the number of Commissioners then to be chosen for the District), by delivering to the Chainnrtn a voting paper, containing a description of his qua- lification to vote as registered, and also the names of the persons for whom he votes, such paper being previously signed with the name

of

D ~ t k t - ~ w d s.

of the person voting, an1 the Clerk or authorised Officer shall there-

upon openly record such vote in the Poll Book, and the votinu a Paper shall be carefdly preserved by the Chairman, and shall be open

to pb l i c inspection for six months thereafter.

XI. AND BE IT ENACTED, that, after the close of the Poll, Examinationof Poll Booke, and declale-

the Chairman shall examine the Poll Book, and, if necessaiy, com- tiolb	the poll.
p r e the entries therein with the Bate Book, and with the voting
papers so delivered as aforesaid, for the purpose of ascertaining the number of votes given for each person, and so many of such persons
being duly qualified, and being not more than the number of Com-
missioners then to be chosen, as shall have the greatest number of votes, shall be deemed to be elected; and in case of an equality in
the number of votes for any two or more such persons, the Chair-
man shall, if necessary to prevent an excess in the number of Com- missioners, decide by lot which of such pcrsons shall be elected; and the Chairman shall, not later than two of the clock in the af- ternoon of the day next but one following the day of such election, publish a list of the names of the persons so elected; and he shall also send a notice to each person so elected, informing him of his being elected a Commissioner.

XII, AND BE IT ENACTED, that the District Conlmissioners so DistrictComruiraion-

elected shall continue and rcmain in ofice until the First day of fice for one	ere to continue 1x1 of-
January then next ensuing, and thereafter until their successors shall

be elected and make the declaration aftcr mentioned; and a t the	4
expiration of such term, a new elcction shall be had in the manner aforesaid, of Commissioners for each District' for the suc- cecding year; and so f'rom time to time, at the expiration of every
year, clections shall be holden in mancer aforesaid, of Commis-
sioners for each such District for the succeeding year.

XIII. AND BE IT ENACTED, that if fi0m any causes no election I f no election on day

take place on the day appointed for the same, for an)- District, the a aubsequenl day, appointed, it may be

election shall stand adjourned until the samc day of the following

week, or such other day as may be appointed by the Returning Officer, who shall give not less than three days' previons notice

thereof, by advertiGmeut, or by placards affixid i i public places

in the District.

XIV. AND R E IT ENACTED, that in case no election shall take In default of Com-

missioners being

place pursuant to the foregoing provisions, within one calendar or acting,

month after thc time appointed for the same for any District, or G o v c r ~ ~ may nomi-

r a t e Commissionel s.

in case a sufficient number of members to constitute a District Board shall not be so clccted, or in default of any Board being constituted, or in case any such Board being constituted, the same Or any membel: thereof shall refuse or wilfully neglect to act

in

Boqr& jn wesutio3 of this Ordigaqoe, for one cderrdqr month, after

-

beingF tterreuato q u i x e 4, then and in aPy such case, it ahal)

be lajvfu! for the Goveyno~, by notice published in the. $eutb

Austrulian Governmen8 GqzetK to pprpisate and appin t such a a so many fit and proper persons, being resident within the District where such Board &,&l1 fail, and being qualified accodipg ta tbiu

Oxdjnapce, as sha4 be necessmy, to be Commbsioners, ;and m,ch

Compis+ioqess so, narni;nated and a p p ~ n t e d shall hme as;4d esercb the we powers and sqthgqities, rights and immuaitieq as are vested in Commissioners elected by virtue qnd in pyrsu.apce of this Or&.

: and all persw. (if &ny) by wbwe iefusal or neglect to act

& Cgmmissionerq any such nomination shall have become necessary,	qhhal), (mm and after sucb nomination +nd appointiwmt, cease to b
Coquqissimers. . , 3.

IV, Q u a l ~ a l i o n. -

Heetings and Pro-

ceedings of Com-

XV. AND BE IT ENACTED, that no Bankrupt or Tnsolwnt shall

miss-rs q- both

Boards, - be capable of being or continuing a Commissioner, either of

NO Bankrupt or In. the Central Board of Main Roads," or of the " District Board, of

rolvant to be 8 Corn-	(G Roa&.'9
mioaioner.

No person holding	XVI. AND BE IT ENACTED,	that any person who, at any
otlice, or concerned

io t, y p ~ c r, to be time after hip appointment or election as such Commissioner, shall

c o m m l f ~ i ~ ~ ~ p accept or continue to hold any office or place of profit under this Ordinance, or be concerned or participate in any manner in any

@ contract, or in the profit thereof, or of apy work to be done upder the authority of the same, shall thenceforth cease to be a Commissioner, and his office shall thereupon become vacant.

SharehdderainCom-	P R D V I D J ~ ALWAYS, that no person being a Shareholder or a
paniee eetahliehed by

Royal Cbarter, A C ~ of Member of any JointStock Company incorporated by Royal Pa+menj.oranyCo- Charter, or established by any Act of Parliarneat, or any Act

disqualified bp. or Ordinance of the Colonial Legislature, shall be prevented from	lonlal Ord~nrnce not
OF iontructs," acting as a Commissioner by reason of any contra& entered into between such Company and the Zornmissioners; but no such. Cam-

missjpqer, being a Member of snch Company, shall vote on any

qyesti~n relating to the execution of this Ordinance, in which sucll

Company is interested.

Cornmifisionernotin-	XVII. AND BE IT ENACTED,	that a person shall not be in-
capable of acting as

a Justice.	capable of acting as Justice of 'the Peace in the execution of this Ordina~ce, with reference to the levying of any penalty thereunder,
by reason of his being a Com~ssioner.

to be

made by Commib- XVIII, A.ND nE; IT E N A ~ ~ E D, that no person shall be capable

+oarre belore acting. of acting 89 S U C ~ Commissioner, except in administering the decb

ration hereinafter mentioned, until he shall have made apd signed,

befare one 4 the Cosqrnsi~ners, a declarati~g .to the. effect follow-

ing :-- 6 g I, A .B..

1, A. B., do hereby declare that I wiIl faithfolly and in-~partlallf, aecordihg to the Meeti+a ,ahd P+d;

ceed~$s- --

best of my skill aad judgment, exeeule all the pwers and auttori~iea reposed ih me

as a &mrmissioner of , by v i ~ tue of Ordinance No.

14, of 1849: And also, that 1 am duly qualified, and not disqualified, as a Commis-

,ioner, in terms of the said Ordinsuce."

XIX. ARD BE IT ENACTED, that &fly P ~ Y s ~ who &&]l Fahe declaration a

falsely or cmruptly make and subscribe the declaration aforesaid, rnisdemeu~~or.

kmming the same to be untrue in any material pagticulrtr, s h d be

deemed guilty of a misdemeanor.

XX. AND RE IT ENACTED, that if afiy person duly quaEfied, pt,n+ for refusing

l to act as Commis-

who shall be duly appointed or elected a Commissioner under tELe ,iolltlr when sp-

of this Ordinaace, shall refuse or neglect to take upon pointed.

himself the said office, and to act as stlch Commissioner for and during the period for which he shall be so appointed of elected, he shall forfeit and pay such fine as the Commissioners may in their discretion, by any resolution made in that behalf in every such

case, determine, not exceeding the sumof Twenty Younds: PROVIDED	p,,,i8,,
that nothing herein contained sl.rall render any such persoli liable to awe, or to pay such penalty for not serving, as Commissioner for
nore than one district.

XXT. P~OVIDED AT,WAYS, AND BE IT ENACTED, that no per, Ereaption.

son who is exempt from serving on Juries according to law, s h ~ l l

be liable to serve as a Commissioner undcr this Ordinance.

XXlI. AND BE IT ENACTED, that all powers vested in thc Quorum of Courmir-

Commi~sioners under this Ordinance, may Ire exercised by 8100818.

any two or more of such Commissioners present at 6ny

meeting holden in pursuance of this Ordinance, and no business

shall be transacted at any meeting of the Commissioners, unless the

said number of Commissioners be present.

XXIII, AND BE IT ENACTED, that at the first mccting of the s l ec t im cha ir.

Commissioners respectively, they shall, by the majority of the votes man

Mee""gy.

of the Commissioners present, elect one of their oan body to be. the Chairman for the ensuing year; and annually thereafter, at a meet- ing to be holden for such purpose, the Commissioroners shall in like lnanner &et a Chairman for the ensuing year: And in cage the Chairmm dies, or resigns, or ceases to be a Commissioner; or other- wise becomes disqualified to act as such, the Commissioi~ers~ present at the meeting next after the occurrcncc of such vacancy, shall &wee some other of their body to fill such vacancy; and the Chairlnan so elected, shall continue in-office so long only as the per- Em in whose place he was elected would have beene~titled to can-

t i~ue Ch&mn; and if at any meeting of thc &rnrnis&nrrs tlre

Chairman

Meetings afd Pro- Chairman be not present, one of the Commissioners present shall ceediw8* be elected Chairman of such meeting by the majority of the votes

of the Commissioners present at such meeting.

Manner O* XXIV. AND BE IT ENACTED, that at all meetings of the

Commissioners, the questions there considered shall be decided by the votes of the majority present; and if there be an equal division of votes upon any question, the Chairman, or Commissioner acting as Chairman, at such meeting, shall, in addition to his own vote as

Proviro.	a Commissioner, have a second or casting votc: PROVIDED ALWAYS,
that if at any such meeting there be an equality of votcs in the election of the Chairman, ~t shall be decided by lot which of the Comrn&oners having an equal number of votm shall be the Chair-
Proviro.	m m: PROVIDED Ar,so, that at the Meeting for the election of Chairman, the Chairman going out of office shall, if pesent and willing to act, be the Chairman of such Meeting,

The Commissioners XXV. AND BE IT ENACTED, that the Commissioners respec-,

to	t i d y shall, on the first day of	~ a n u i i r ~	in each year, hold an Annual
Monthly Meetinge.

Meeting at a place to be appointed by the Commissioners; and they shall also hold Monthly Meetings for the transaction of general business; and the said Monthly Mcctings shall be held at such places, and on such day in each month, as the Commis- sioners shall from time to time appoint; and when any such appointment is made, the Clerk shall give notice thereof to each of the Commissioners; and they shall afterwards, until the time or place of such Monthly Meeting is changed, and notice of such change given to the Commissioners, attend such Monthly Meeting without notice.

Power to Commis-	XXVI.	AND BE IT ENACTED,	that the Commissioners may, at
eioners to appolnt

Committeeg,

any Meeting, from time to timc appoint Committees for any pur-

poses which, in the opinion of the Commissioners, would be better

regulated and managed by means of such Committee; and they	may fix the quorum of any such Committee, and may continue,
alter, or discontinue such Committee.	*

Acts 01 Comm~ssion-	XXVII.	AKD BE IT ENACTED,	that no proceeding of the Corn-
ers not to be invali-

dated b~ reason of missioners or of any Committee shall be invalidated or be illegal, in TlCanC18S. consequence, only, of there being any vacancy in the number of

Commissioners at the time of such proceeding.

IntorrnrJitiea i n ap- XXVIXI. AND BE IT ENACTED, that all proceedings of the Com-

missionere not to in- missioners, or a Committee of Commissioners, or of any person poiotment of Com- rdidate proceedings. acting as a Commissioner, shall, notwithstanding it be afterwards

discovered that there was some defect in the appointment of any

such

$uch Comiuissioners or person acting as aforesaid, or some defect or JIeetiws and Pro-

ceedirrys.

irregularity of form merely, be valid and sufficient. -

SXTX. AKD RE XT EXACTED, that the Conirnissioners shall Proceeding~tobe en-

tered in a book, and

cause entries of all the proceedings of the C ~ r n ~ l l i ~ ~ i o l l e ~ ~, and of when signed, shall be e w q r Cornmittcc appointpd by them, with the names of the Com- mceivehs widmbce- missioners who shall attend such Meeting, to be duly made from

t i ~ w to time in books to be provided for the purpose, which shall be

kept by the Clerk under the snperintendence of the Commissioners;

imd every such entry shall be signed by the Chairman of the Meet-

ing at which the proceedings took and such entry so signed shall be received as evidence in all Courts, and bcforc all Judges, Justices, and others, without proof of such Meeting having been duly convened or held, or of the persons attending such Meeting having been, or being, Commissioners or Members of Committees wsl~ectively, or of the signature of the Chairman, or of the f'iict of ?is having been Chairman, aLl of which last mentioned matters

shall at all reasonable times be open to the inspection of any of the to ~mpection.	shall be prcsu~ned	until thc contrary is prored:	And such hocks such boeks tobeopen
Commissioners.

XXX. PROVIDED nr,w~us, a m BE TT EXACTED, that whenever Monday to be ap- pointed in piece of

any day by this Ordinance appointed for any purpose, sh11 in falling to be

any year happen on a Sunday, Christmas Day, or Good Friday, in d o n e o n ~ s u n d ~ ~ & c ~

every such case, the business so appointed to be done, shall take

place on the Monday following.

XXXI. AND BE IT ENACTED, that the said Commissioners shall V. W c ~ r s -

and may, and they are hereby authorised, subject to the appro- Cornmisrionerstoap

point Offiwm*&C*

val of the Governor, to appoint fit and proper persons to act as tively; and also so many fit and proper persons as may be necess~ry to act as Collectors, Clerks, or other officers, at moderate salaries

or remuneration, payable out of the moneys raised for the purposes	of this Ordinance, and from time to time to remove them, or
any of them, and to appoint others in the room of such as shall be so removed, or as may die, resign, or discontinue thcir
offices: PROVIDED ALWIYS, that no prson shall bc appointed proviw. e
a Surveyor of Main Roads, under this Ordinance, unless he has
obtained a certificate from the Surveyor-General of his being d d y
qualified to act as Surveyor of such Eoads: PROVIDED ALSO, that P l o v i ~.
every such appointment, being approved by thc Governor, shall be notified in the South Australian Government Gazette.

Powers to make Bg-

XXXII. AND BE IT ENACTED, that the Commissioners xnny

from time to time, subject to the approval of the Governor, make the m d 1 1 ~ t of the

Officers, &C., of he

~ ~ 1 1 By-Laws and ~egulat ions as they may think fit, for the purpose Commissionem.

of

oficers.	of regulating the conduct of the Officers and Servants of the Commissioners, and for providing for the due management of the &airs of the Commissioners, and otherwise carrying the purposes of this Ordinance into execution, and may from time to time, subject to the like approval, alter or repeal any such By-Laws and Regum
lations, and make others, provided such By-Lams and Regulations be not repupant to the Laws of the Province, or to the provisions of this Ord~nance; and such By-1,aws and Regulations, shall be reduced into writing, and shall be sigxed by the Commissioners, or any two of them, and being approved by the Govcrnor shall be published in the South Australian Government Gazette.

Pines for breach of	XXXIII. AND BE IT ENACTED,	that the Commissioners may,
such By-Laws.

by such By-Laws, impose such reasonable penalties upon all per- sons, being Officers or Servants of the Commissioners, or others mhomsoever, offending against such By-Laws or Regulations, as the Cocnmissioners think fit, not exceeding Five Pounds for any one offence.

Penalties may be	XXXIV. AND BE IT ENACTED,	tdat it shall be lawful for the
mitigated.

Justice bcfore whom any penalty by any such By-Law or Kcgu. lation imposed may be sou~h'ht to be recovered, to order a part only of such penalty to be paid, lf such Justice think fit.

Security to be taken	XXXV. AND RE IT ENACTED,	that before any person, whether
from all Officers en.

trusted with money. Collector or other C)fficer, intrusted by the ~omm~seioncrs with the custody or control of moneys by virtue of his office, shall enter upon such office, the Commissioners shall take sufficient security from him, to the satisfaction of the Governor, 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 Ordi- nance.

Of icer taking fee@,	XXXVI. AND BE IT ENACTEP,	that every Officer employed by
other than thase al-

lowed, to lose h i s of- the Commissioners, who shall exact, on account of anything done by

fice, and forfeit Fifty	virtue of his off=ice,	or in relation to the matter to be done m d e r
Pounds.

or allowances allowed by the Commissioners, dr who shall be in an$

wisc concerned or interested in any bargain or contract made by the

this Ordinance, anv fee or reward whatsoever. other than the salar~ the Commissioners, and shall forfeit a Penalty not exceeding the sum of Fifty Pounds.

Officers to account. XXXVII. A m BE IT ENACTED, that every Collector and other

officer appointed or employed by thc Commissioners by virtue of this Ordinance, shall from time to time, y&en and in such nlanner

and

alld form as shall be required by the Commissioners, make out and	oficers.	-
deliver to them, or any person appointed by them for that purpose,
a true and perfect account in writing under his hand, of all moneys
received by hinz on bchalf of the Commissioners; and such account shall state how, and to whom, and for what purpose, such moneys shall have been disposed of, and, together with such account, such
Officer shall deliver the vouchers and receipts for such payments; ttnd every such Officer shall pay to the Commissioners, or to anv
person authorised to receive the same, all moneys which appear 'Ire owing from him upon the balance of such accounts.

XXXVIII. AND BE IT ENACTED, that if m y such Collector or Summary recovery

other Officer shall fail to render such accounts as aforesaid, or to : ~ ~ ~ ~ ~, ~ ~, t i e s f a i l ~

produce and deliver all the vonchers and receipts relating to the

same in his possession or power, or if for five days after being there-

lmto required, he refuse to deliver up to the Commissioners, or to

any person appointed by them to receive the same, all papers and

a A t i n p, property, effects, matters, and things in his possession or ywer relating to the execution of this Ordinance, or belonging to thc Commissioners, then, on complaint thcrcof being made to a Jus-

tice, such Justice shall summon such Officer to appear before two or

more Justices, at a time and place to be set forth in such summons, to answer such charge; and up011 the appearance of such Officer,

or upon pqoof that such summons was personally served upon him,

or left at his last known place of abode, such Justices may hear and determine the matter in a summary \17ay, and may adjust and declare

the balance owing by such Officer; and if it appear, either upon

confession of such Officer, or upon evidence, or upon inspection of the account, that any moneys of the Cornniissioners are in the hands of such Oficer, or owing by hiin to the Commissioners, such Justices may order such Officer to pay the same; add if he fail to pay the amount, it shall be lawful for such Justiccs to grant a warrant to

levy the same by distress, or, in default thcrcof, commit the offender

to Gaol, tllcrc to remain without bail for a period not exceeding	r l
lhree Months, uiilcss the same be sooner paid.

XXXTX. AND BE IT ENACTED, that if any such Officer sum- Oficcrs retusisg to

moned as aforesaid, refuse to make out such account in writing, or ~ n ~ ~ ~ ~ ' e ~ c ~ ~ ~ ~ j ~ u ~

to produce and deliver to the Justices, the several vouchcrs and re- ments, &C., rnvy be	to	pl l80rh
ceipts relating thereto, or to deliver up any books, yapcrs, or comrn~tted

writings, property, effects, matters, or things, in his possession or	,
power, belonging to thc Commissioners, such Justices may commit such offencler to Gaol, thcrc to remain until he skill have delivered
"P all the vouchrs and receipts in his possession or power relating
to such acconnts, and the boolrs, papers, witings, property, cffccts, matters. and things ill his possession or pover belonging to the commissioners.

~ I J. PEOVIDED

O#cers. XL. PEOVIDED ALTVATS, ARD B E IT EXACTED, that if any Corn-

missioner, or other person acting on behalf of the Commis- sioners, shall make oath that he has good reason to believe, upor,

to abscond, a warrant When Officers about grounds to be stated in his deposition, and that he does believe, that may be issued in the it is thc intention of any such Officer as nfoorcsaid, to abscond, the

tirat instance. Justice before whom the complaint is made, may, instead of issuing his summons, issue his warrant for bringing such Officer before such two Justices as aforesaid; but no person executing such warrant shall keep such Officer in custody longer than twenty-four hours, without bringing him beforc somc Justice; and the Justice beforc whom such Officer may be brought, may either discharge such Officer if he think thcrc is no sufficient ground for his detention, or order snch Officer to be detained in custocly so as to be brought before two Justices at a time and place to Fe named in such order, unless such Officer give Bail to the satisfaction of such Justice for his appearance before such Justices, to answer the complaint of the Commissioners.

XLT. AND BE IT ENACTED, that no such proceeding against,

PI oceedings against

OfFicers,notto dis-

ebarge Sureties, or dealing with, any such Officcr as aforesaid, shall deprive the Conmissioners of any remedy which they may otherwise have, against any surety of such Officer.

I n case of death of	XLII.	AND BE IT ENACTED,	That in case of the death of any
Officer, &c-, Exeau-

tor6 to account.	Officer appointed under the authority of this Ordinance, before he shall have paid and fully sati~fied all the moneys which hc shall have received by virtue of this Ordinance, the executors or admi- nistrators of such Officer so dying, shall pay and satisfy the same, out of his estate and effects, unto his successor in dffice, in
like manner as other debts are directed by law to be dis- charged by such executors or administrators, ind also shall ddiver
up all books, papers, writings, assessments, tools, materials, and im- plements, and other things concerning his Office, which shall haw come to the hands o f such executors or administrators, who shall
brought against them on account of the said estate and effects, and and may plead such payment inany action or suit whicb may be give the same in evidence; and in case of non-payment, of snch moneys, or the non-delivery of such books, papers, writings, assess- ments, tools, materials, implements, and things, for the space of one calendar month, after demand made thereof in writing, by or on behalf of the said succeeding Officer, it shall be lawful for the Com- missioners or their Clerk, or for the said succeeding Officer, to com- mcnce and prosecute an action or actions in the Supreme Court of the Province aforesaid, against such executors or administrators for the recovery of the said monies, or for the rccovery of damages for the detention of such books, papers, writings, assessments, tools, m+ terials, implements, and things, in which action or actions full costs of suit shall be recovcrcd.

XLIII. A m

XLIII. AND WEFEREAS. it is exnedient that funds should be VI. Licence nutier.

raised, for making, maintaining, andLimproving the Main Roads, by D,lfitl pleriRtd

licence-duties on carriages of every descriptidn using the Main or SCMUI. B bereto

District Roads: BE IT ENACTED, that from and after the first day of """"""*

January next, and thereafter o n or bofore the first day of ~ a n < a r ~ in each and every year, there shall be paid for and in respect of wery licence and every carriage mentioned and described in Schedule B to this Ordinance annexed, the several duties or sums respectively specified and set forth in the same Schedule; which

sums respectively, shall be paid by the person to whom such licence Inwhat manner paid.

shall be granted at the time of the granting thereof to the Colonial Treasurer, or such officer as shall be authorised by the Governor,

and shall be applied to the purposes of this Ordinance, subject to

the orders of the Central Board.

XLfV. AND BE IT ENACTED, that every coach, chaise, gig, cart, Definition& a

waggon, dray, caravan, or other vehicle or carriage with two or more carriage.

wheels, whatever may be the form or construction of such carriage,

or whatever the same may be calc~xlated to convey, or the number

of horses or cattle by which the same shall be drawn, shall be deemed

and taken to be a carriage within the meaning of this Ordinance;

and in all proceedings at law, or otherwise, upon all occasions what- soever,it shall be sufficient to describe any such carriage as aforsaid, by the term carriage," without fhrther or otl~exwise describing the

same.

XLV. AND BE IT ENACTED, that before any such licence as Peruona . P P ~ Y ~ ~ Q f~

aforesaid shall be granted under the provisions of this Ordinance, a licences to sign a requisition for the

requisition for the same, in such form as the Colonial Treasurer or name.

the authorised officer shall from time to time provide for that pur-

pose, shall be made and signed by the proprietor or one of the pro-

prietors, or some pcraon resident in the Province acting on behalf of

shall be applicd for; and in every requisition, there shall be truly	any such proprietor of the carriage in respect of which such licence
vecified and set forth the Christian name and surnamc and place of abode of the person applying for such licence, and of some proprietor or part proprietor of such carriage, ;tnd of the description of such carriage, and such other ~articulars as shall be necessary to dis- thguish the licbnoe-duties payable in respect of such carriage as
set forth in Schedole B; and in case any person on applying for any
such licence, shall neglect or omit to specify truly in such requisition W aforesaid the several particulars hereinbefore mentioned, every person so offending shall forfeit Ten Pounds.

XLVI. AND BE IT ENACTED, that on such requisition, and on What ~ h l l be r p r

payment of the duties due for the same, the Colonial Treasurer or """	in 'ice"c"~
authorised officer shall grant and issue a licencc in which there shall

be

be specified thc true Christian name and surname and place of abode

of the person applying for the same, and of some person who shall

be s proprietor or part proprietor of the carriage in respect of which

such licence shall be granted, the description of such carriage, and the sum paid for such licence in respect thereof, and the number which shall be painted or marked on the plate to be fixed on such carri~tge, and every such licence shall bear date on the day on which the same shall bc granted, and shall be in forcc from such date, until the thirty-first day of December in the year therein named. And such Colonial ~r iasurer, or authorised ofticer, shall along with such

licence, deliver a plate having thereon the like number as sucll

licence, and adapted to the kind and description of such carriage, to

be affixed thercon in manner after mentimed.

haode of transferring	XLVII.	AND BE IT EXACTED,	that when any person to whom
licences.

any such licence shall have bccn granted shall determine to sell or discontinue the use of any carriage i11 respect of which the same may have been granted, such person shall give notice in writing of such his determination to the Colonial Treasurer, or to the autho- rized officer; and shall re-deliver such liccncc and the plate thereto belonging to the said Colonial Treasurer, or to such officer as afore- said, who shall grant and issue a new licence and plate, on the requisition of the purchaser or new proprietor, if any, for the re- mainder of the year then current, on payment of the duty in this behalf mentioned in Schedule B.

Yenrlty for not delC XLVIxI. AND BE IT ENACTED, that every such person selling or

up 'icencea

and plates,	discontinuing the use of any such carriage, who shall neglect or refuse to delivcr up such licence and plate within thirty days after such sale or discontinuance, as the case may be, or who shall fail to account to the satisfaction of the convicting Justice for the non- production of such licence or plate, shall forfeit Ten pounds.
XLIX. AND BE IT ENACTED, that upon every carriage being on

,, l to

be placed

riage. car- metallic springs, and not being a carriage plying for hire, there shall be fixed on some place conveniently accessible, and upon every carriage plying for hire, and every carriage not on metallic springs, there shall be fixed conspicuousl~, the aforesaid plate, having thereon the number of such carriage, which shall at all times be

and distinctly visible and legible, and shall be displayed at all times on demand by any Peace Officer, or person authorised by the Governor, or by the Commissioners, to act in the execution of this Ordinance; and if any proprietor or driver of any carriage s h d permit or suffer such plate to be in any manner defaced or altered, or by any means endeavour to prevent any person from inspecting mY s w h plate, or from taking or noticing the number thereof; or if

any proprietor or driver shall, by word of mouth, give or declare to

W'

Limre - ~ r t * s.

any person, a wrong number as or for the number of such plate s r of such carriage, such proprietor or driver shall forf'eit Five

Pounds.

L. AND BE IT ENACTED, that if any person shall keep, use, Penalbfor usingan, carriage without

employ, or let to hire, on any road, any carriage without having a I icence or without

proper licence in force so to do, or without having the proper num- plate* 01 for notde- livering up at expi-

bered plate pmperly placed upon such carriage, in manner required ration-f l~.

by this Ordinance; or if any person, on the expiration of the year

for which any such licence shall be in force, shall not, within one

week after notice given to him by the authorized officer, deliver up

the plate mentioned in such notice, according to the terms thereof,

and produce the licence relating to such plate, and apply for a new licence and plate, and fix such new plate upon his carriage, in the manner directed by this Ordinance, every such person so offending

in the several cases aforesaid shall forfeit Ten Pounds.

LI. AND RE IT ENACTED, that if any carriage shall be used Proceedings in cam of any carriage used

on any road not having the proper fixed therron, as re- on ailout

quired by this Ordinance; or if any carriage plying for hire, or platen.

not being on metallic springs, shall not have the plate and the name

~f the owner, and other particulars, conspicuously displayed thereon

as required by this Ordinance, it shall be lawful for'any constable or

officer; without any warrant for that purpose,to apprehend

such driver or other person having the care of such carriage, if he be

not known, or if he do not disclose his name and place of abode,

and to convey him before any .Justice of the Peace to be dealt with

as hereinafter mentioned; and it shall be lawful for such con-

stable or peace officer to drive or take the carriage not having such

plate, with thc horses and cattle thereof, or drawing the same, or

cause the same to be driven or taken to some such place of safe custody, and there to lodge the same until the determination

of eome Justice of the Peace shall be known, and the Justice

before whom such driver or o$hcr person shall be brought, shall hear	and determine such offence; and in case the person convicted of
any such offence shall be the owner or proprietor of such carriage, or of the said horses, or cattle, and if the penalty in which he shall be convictLd, together with the costs and expenses, and the cxl~ensc
of taking such carriage and horses to, and keeping the same at
such place as aforesaid, shall not be fully paid or discharged within five days after conviction, such carriage and horses, or cattle, toge- ther'with the harness used therewith, shall be sold by order nnder the hand of some Justice, and the surplus, if any, of the produce of 8uch sale, after deducting thertfrom the said penalty, costs and expenses, and also the expenses of such sale, shall be rendered to such owner or proprietor; but in case the person so convicted shall not be the owner or proprietor of such carriage or horses, then in

default

~ c m 8 " t G a. default of payment of the penalty in which he shall be convicted, together with the costs and expenses aforesaid, such Justice shall commit the offender to the common Gaol or House of Correction far three calendar months; and such Justice shall give an order for the delivering up of the carriage: horses, cattle, and harness to the owner thereof, on his paying the expenses of taking and keeping the same; and in case of his ref'usal to pay such expenses, then such carriage, horses or cattle, and harness, or a sufficient part thereof to defray such expenses, shall be sold by order under the hand of such Justice; and after payment theresut of all such expenses as aforesaid, together with the expenses of such sale, the surplus, if any, of the produce of such sale, together with such part of the carriage, horses, cattle, and harness as shpll remain unsold, shall be rendered and restored to the owner.

Pcroou named in	LII.	AND BE IT EN-~CTED,	that in any complaint or other pro-
licence deemed to be

proprietor.	ceeding for the recovery of any penalty incurred under this Ordi- nance in respect of or in relation to any carriage, the person named and described in the licence granted with or relating to thc number of the plate, if any, fixed or placed upon such carriage, whether such licence shall be in force or not, or if such person shall not be resident in the ppovince, then the person signing the requisition for
suoh licence shall, for the purposes of this Ordinance, be deemed
to be the proprietor of such carriage.

par?crics. &&.of the	LIIT.	AND BE	IT E N A ~ E D,	that if any person shall forge or
d a t e deemed a

~iedemeanour. p counterfeit, or cause or procure to be forged, counterfeited,

or resembled, any plate by this Ordinaye directed to be provided for

the purpose of being fixed upon any carriage; or if any person shall wilfully fix or place, or shall cause, or permit, or suffer to be fixed or placed, upon any carriage, any such forged or counterfeited plate as aforesaid; or if any person shall sell or expose to sale, or

knowingly and without lawful excuse, (the proof whereof shall be utter any such forged or counterfeited plate; or if any person shall

on the person accused) have or be poss6ssed ;f any such forged or

counterfeited plate, knowing such plate to be forged or counterfeited, every person so offending, and every person knowingly and wilfully aiding, abetting, or assisting any person in committine any such offence as aforesaid, shall be adjudged guilty of a mrsdemeanor, and being thereof convicted, shall be liable to be punished by fine or imprisonment, or both, such imprisonment to be in the Common Gaol or House of Correction, and either with or without hard la- bour, as the Court by whom the sape has been adjudicated shall think fit; and it shall be lawful for any Constable dr Peace Officer to seize and take away such plate, in order that the same may be produced in evidence against such offender, or be disposed of, as the mid Court shall think proper.

LIV. A m

EIv. - ~ X D BE IT ENA~TED, that a copy of any requisition for a Liccrwc Duties.

licence under the provisions of this Ordinance, ccrtified under the copie8 o	f	reli	ioxl	t	.	i	i	l
band of the Colonial Treasurer or of the authorised officer, shall in to be all Courts, and before any fustice of the Peace, and upon all occa- sions whatsoever be ueceimd as evidence, and be deemed to be suf- ficient proof of all matters and things therein contained, relating to any such licence as aforesaid, without requiring the production of
the original licence or requisition, and vithout further proof than
the production of such copy; and every requisition shall be filed: and any person shall be a t liberty to inspect any such requisition without payment of any fee or reward.

LV. AND BE IT ENACTED, that if any person appplying for, or cence procllrillg in a any fictitious li-

procuring, or attempting to procure, any licence under any of the +.x,,e,.xnisd,,ea,m,,

provisions of this Ordinance, shall use or employ any false or ficti-

tious name or place of abode, or other false or fictitious description of

any person or supposcd person, or shall wilfully or knowingly insert, or cause to be inserted in any requisition for any such licence, or in any such licence, any falsc or fictitious name or place of abode, or

other false or fictitious description of any person or supposed person, or shall ~vilfully or knowingly insert or cause to be inscrtcd in any

such requisition, or in any such licence as aforesaid, the name of any

person, as being a proprietor or part proprietor of any carriage, who shall not a t the time of the application for such licence be in fact n proprietor,. or part proprietor, of such carriage, the personso offend. ing shall be guilty of a misdemeanor, and bemg convicted thereof', shall he liable to bk punishcd by fine and imprisonment, or by both, as the Justices shall award, such imprisonrrient to be in the Common Gaol or House of Correction, and either vi th or without hard labor,

as the said Justices shall think fit.

LVI. AND BE IT ENACTED, that the owner of every car- N,,,, , , , , U

riage plying for hire, and of every waggon, cart, or other such wneponp. be

ILC, On In the

carriage not ha~ring metallic springs, shall paint, or cause to be manner herein men*

painted, in one or more straight line or lines, upon some conspicuous tiolledm

part of the rivht side of his waggon, cart, or other such carriage, or

upon the off iide of the side of the shafts thereof, bcfore the same shall be used on any road, his Christian name and surname, or the style and title by which he is commonly designated, and the place of his trade or abodc, or the Christian rind snrname and place of trade or abodc of a partner or owner thereof, at f d l length, in large legible letters, in white upon black or black upon white, not less

than one inch in height, and continue the same thereupon so long

as such carriage shall be med upon any road; and every such owner who shall use or allow to he used, any such carriage on any road without the name and descriptions painted thcreon as aforesaid, or

who shall suffer the shmc to bccme illegible, o~ 1~110 shall paint or . l

ca115e

cause to be painted any false or fictitious name or place of trade or abode on such waggon, or cart, or other such carriage, shall forfeit and pay on conviction, for every such offence, a sum not exceeding Forty stdlings, with or without costs, as the Justices before whom the conviction shall take place shall think fit.

V J I. TO& LVII. AND, in case the said Commissioners whether of

a y the Central or of the District Boards, respectively, shall deem

levy T O I I ~.	i t advisable that money should be raised by Tolls, it shall be lawful for such Commissioners to cause, from time to time, such and so many Toll-bars, Toll-gates, and Toll-houses, to
be erected anJ built in and upon the said roads, at such
places as to the said ~ornrnissioner& shall, from time to time, seem fit; and, in like manner, to cause such Toll-bars, '1'011-gates, and Toll-houses, to be removed, or built, or placed on other parts of the said roads, and to direct Tolls to be paid at snch Toll-bars, Toll- gates, or Toll-houses, for all Animals and Vehicles passing or repas- sing through such Toll-bars, or Toll-gates, at a rate not exceeding
Schedule C.	the rates specified in the Schcdule hcrcto anncxed, marlred C,
for each Animal and Vehicle so passing and repassing as aforesaid; and such rates, from time to time, to reduce or raise to any amount
Proviso.	not exceeding the rates specified in the said Schedule: PROVIDED,
that no Toll shall be taken at any such Toll-bar, Toll-gate, or Toll- house, until the same shall have been publicly notified in the South
Australiasc Government Gazette at least one month before the same
shall be demanded; and that no Toll shall bc taken or demanded at any such Toll-bar, Toll-gate, or Toll-ho~zse, until there shall
be affixed to snch Toll-bar, 'l'oll-gate, or Toll-house, a Board, on
which shall be painted or written, in legible characters, the Tolls payable at thc same rcspectivelp, and the Name of the Toll-bar, Toll-gate, or Toll-house,

No be LVIII. AKD BE IT ENACTED, that no Toll-bar, Toll-gate, or

or Toll-gate to be set

up, till the boad be

Toll-house, shall be erected upon any road, and no Toll shall be

certified by two Jua-

tices t o be 1t1 a state

demanded or paid at any Toll-bar, Toll-gate, or Toll-house, upon

of repair.

any road, until it shall be certified to the Governor bv two ati ices of the Peace that such Road is in a state of rkpair;

Proviso.

PROVIDED that, in case any such Road shall become ruinous and out

of repair, and the same shall be certified to the Governor by two Justices of the Peace, ahd it shall appear that the Tolls collected upon such Road shall be insufficient for the repair and maintenance thereof, the Commissioners shall, by order published in the

South Austrnlian Government Gazette, direct, from time to time,

as occasion may require, that thc Tolls theretofore taken upon

the said Road shall cease until the said Rood shall be put into

repair, and thereupon the said Road shall be repaired aud main-

tained from the moneys otherwise applicable for that purpose.

LIX. A='

TOUP,

LIX. AND BE IT ENACTED, that no Toll shall be demanded -

qr taken, by virtue of this Ordinance, at any Toll-bar, Toll-gate, ExcmptionfromTol~~

or Toll-house, of or from any person, for any horse or other

beast or cattle, or for any waggon, vain, dray, cart, or other car- riage employed in carrying, or conveying, or going empty to fetch, carry, or convey, or returning empty from carrying or con- veying, having been cinployed only in carrying or conveying on the same day, any stones, bricks, timber, wood, gravel, soil, or other materials for making or repairing any road, or for build- ing, rebuilding, or repairing any present or any future bridge; or of or from the Surveyor of any District when engaged in executing, or proceeding to execute, within the limits of his awn District, the powers of this Ordinance; ox fbr any horse, beast, or cattle, or carriage, employed in carrying or conveying, having been employed only in carrying or conveying on the same day, any dung, soil, compost or manure, or lime, for improving lands, or any ploughs, harrows, or implements of husbandry, unless laden also with some other thing not hereby exempted from toll; or for any horse or other beast employed in husbandry, going to or returning

from plough or harrow, or to or from pastnre or watering-place, or

going to be, or returning from being shoed or farried, such horses

or other beasts not going or returning on those occasions more than two miles on the road on which the exemption shall be

claimed; or of or from any person in respect of any horse or other beast, or vehicle, in or on which he may be going to

or returning from his usual place of religious worship on

Sundays; or of or from any person in respect of any hearse, or of any home or other beast or vehicle in or on which he may be going to or returning from the funeral of any person; or from any Minister of any stated and known Re* ligious Congregation going to or returning from visiting any sick person; or for any horses or other beasts or carriages

of whatever de~cription eniployed, or to be employed, solely,	in conveying the Mails of letters and expresses, under the
authority of the Postmaster-General of this Province, either
when employet1 in conveying, fetching, or guarding such mails
Q expresses, or in returning from conveying or guarding the
same; or for the horses of any Officers, or Soldiers, or Police, on
their march or on duty; or for any horse or other beast, or any cart, waggon, or carriage of any description employed in carry-
ing or conveying, or returning empty from carrying or conveying,
havhlg been employed only in carrying, or conveying, the arms or baggage of any such officers or soldiers, or police, or enlployed in carrying or conveying, or returning empty from having been em- ployed only in carrying or conveying, any sick, wounded, or disabled

or soldiers or police; or for any horses, cattle, or other beasts

or

or carriages whatsoever, which shall only cross any road, or shall not

pass above one hundred yards thereon.

Penalty for fraodu-	LX. AND BE IT ENACTED,	that any person who shall, by
lentiy claiming ex-

emption from Toll. any fraudulent or collusive means whatsoever, claim or take the benefit of any exemption from toll under this Ordinance, shall, for every such o&nee, forfeit and pay any sum not exceeding Five pounds, and in all oases the proof of exemption shall be upon the person claiming the same.

Neat Cattle, ZXI. AND BE IT EXACTED, that in all carriages wherein oxen

or neat cattle shall be used, two oxen or neat cattle shall be considcrcd a s one horse for all purposes mentioned in this Ordi- nance.

In case of refusal to	LXII. AND BE IT ENACTED,	that if any person subject or
pay, Toll-Collectors

mny arixe and dis-	liable to the payment of any toll by virtue of this Ordinance, shall,
twin for Tell.	after demand thereof made, neglect or refuse to pay the same or any part thereof, it shall be lawfd for the persons authorized or ap- pointed to collect such tolls, by themselves, or taking such assistance
as they shalI think necessa.ry, to seizc and distrain any horse, beast,
cattle, earrisge, or other thing upon or in respect of which any such toll is imposed, togethelt with their respective bridles, saddles, gears, harness, or accoutrements, except the bridles or reins of any horse or other beast separate from the horse or beast, or any carriage in respect of the horses or cattle drawing the carriage on which such toll is im- posed, or any of the goods or ohattels of the person so neglect- ing or refusing to pay; and if the toll, or any part thereof, so neglected or refused to be paid, and the reasonable charges of such seiz~u-e and distress, shall not be paid within the spacc of four
days next after such seizure and distress made, the person so seiz-
ing and distraining may sell the horse, beast, cattIe, carriages, or

things so seized and distrained: or a sufficient part thereof, returning

the overplus of the money to arise by such sale (if any), and what shall remain unsold, upon demand, to the owner thereof, after such tolls and the reasonable charges occasioned by such seizure, distress, pnd sale shall be deducted.

Disputes to be settled	LXIII. AND BB IT EXACTED,	that if any dispute shall h a p
by olle Jugtice.

pen or arise about the amount of the tolls due, or the charges of making, keeping, or selling any distress made for n~n~payrnent of any tolls, it sllall be lawful for the Collector, or the person distrain-

ing, 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 ascer- tained by some Justice of the Peace, who, upon application made to

Ilia

him for that purpose, shall examine the matter on the oath of the	Toh.
prties or other witness or witnesses, which oath such Justice is hereby authorised and empowered to administer, and shall deter- mine the amount of the tolls due, and shall award such costs and charges to either party as to the said Justice shall appear right and
proper; all which costs and charges shall and may be levied and
recovered, in case of non-payment thereof, forthwith, by distress and s l e of the goods and chattels of the person or persons 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 shall have been so

distrained and sold: PROVIDED, that no person shall be required P r ~ v i r o.

to attend before any Justice touching any of the matters aforesaid,

which Justice shall reside beyond seven miles from the place where

such distress shall be made.

Penalties imposed in

LXIIE AKD BE rT ENACTED, that if any person shall with ,,,,,in care, of e*a-

any horse, cattle, beast, or carriage, go off or pass from any road, s ionof pa~ment of

Toll.

through, or over, ally land or ground near or adjoining thereto, not

being a public road 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 to evade the payment of the tolls

granted by this Ordinance; or if any owner or occupier of any such

land or ground, shall knowingly and willingly perniit or suffer any

person, except as aforesaid, with any horse, cattle, beast, or carriage whatsoever, to go or pass through or over such land or ground, with intent to evade any such tolls; or if any person shall fraudulently

or forcibly pass through any such toll-bar or toll-gate with an7

horse, cattle, beast, or carriage whatsacver, by reason whereof the

payment of any tolls shall be avoided or lessened; or shall take off,

or cause to be taken off, any horse 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 tollgate, 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 payment of all or any of the tolls shall or may be evaded; or i$ any person shall do any other act whatsoever in order or with intent to evade thc pavmcnt of all or any of the tolls, and whereby the sa+e shall be evadcd, every such person shall, for every such offence, for- feit and pay any sum not exceeding Five pounds.

LXIV. AXD BE m ENAC~ED, that every 'Poll Collector shall ~; ~ ~: ~; e ~ I ~ ~ ~ ~ c d

place or cause to be placed on some conspicuous parts of the fronts O n front OI TUI I -

~f houre,

TO&. of the sevezd tc&houses or toll-bars at which they shall he ~ p s p e o

tivdy stationed, and so that the game shall appear to public view, their Chrjstiqn and Surnames, pain@d in black on a b a r d with a white ground, eqch of he letters Df such names to be at least two inches ill le~rgtj~ and of tt breadth in proportion, and which

board shall be remain at suoh toll-house, tall-grttc, or tol1-bar,

during the who10 of the tiole t l l ~ t the prsozl whose name shall be

expressed thoreon $hall km an duty thereat, and every such Coill~.

tor shall plaw, or QRU~C ta be pltihced 017. the front of the tolhhouse,

toll-bar, or tolkg~& at which ss& Callwtor shall be stationed, the board costainin8 th.e Ust of toll8 hereinbefore directed to be affixed to the same respeotively, which h l l d shall also contain the name of

tbo gq te, toll-bar, or toll-house to vhieh the s a w shaU be affixed,

ao well as rho list. of the tous payable at such gate where such Cob lector shall bg gtationed as af~wsaiid; and if any Collector af 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 xefuse to pemit or suffer any person ta read, or s h d in a~ywiw hinder any person from readiag, the inscriptions all

such boa~du. ~espsctiuely ; or shall yefuse to tell his Christian and

Sum~me to apy person wba shall demand the same, on being paid

the said tolls or, aay of them, ox shall in answer to such demand

give a false nqme, or upon the 1egd toll being paid or ten- dered shall snneceswrily d&aia, or wilfully obstruct, hinder, or prevent any gaswoger from pas&g through any t d l - h or toll-gate, or shall makg wse of a,ny scurrilous or abusive language to any t ~ b

veller or pqssengox; then and i r ~. weuy such case, every such toll col-

l ~ ~ t o r shall forfeit and pay any SUIP not exceeding Five pounds h r

every such offence.

To!1 puilty LXV. AXD BE l i ~ ENACTED, that if my Collector or other

nt miacond~lct to be

6ried.	person appoiated to eoUect the t ~ U s on any road, s l d l allow any coach, waggoo, dray, cart, or other carriage of whatevcr dcscriptian,
or any horse, beast, or other cattle liable to pay toll, to pass through any toll-bar or toll-gate, without paying the t d payable thereat, or
shall demand apd take. a greater or less toll from any person than he shall be au thwid to do by virtue of this Ordinance, or of any order

di~wtion made in pursuance thered, ox shall demand and take a

tqU from any person who ehdi be exempt from the payment thereof q ~ d uihQ &all claim such exemption, or shall ~efwss to permit or sufFer any person $0 read, Qr shall in anywise hinder any person h l r *

reading, the inscriptions on such toll-boards as afomsaid, or shall

refuse to tell his Christian and s w a m to any person who &all- demand the same, on being paid the said tolls or any of them, or

shdl ia aimver to such demand give a &dse nww, or upon

the legal toll k i n g paid or tendelered slwll urrneccsmrily detain or

wfifdf

obstruct, hinder, or prevent my passenger fro& passing TO??^.

through any toll-bar or toll-gate, or shall make use of any scurrilous

or abusive language to any Commissioner or Survevor of the a s -

trict 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 li~iscon-

duct in his ofice, then and in every such case, every such Toll Cot-

lector or other person, on conviction, for every such offence, shall

forfeit and pay a penalty not exceeding Five pounds for every such

offence.

LXVI. A m BE IT FNACTED, that if any Collector of tolls Coll~ctorr not

upon any Road, shall neglect or refuse to account for and ~ n ~ '; ~ n $ ~: ~; &

pay over to the person authorised to receive the m e, npon

demand, the money collected and paid at any td-bar, toll-gate,

or toll-house at which he shall be stationed as Gdlreetor, every such Collector shall, for every such offence, forfeit and pay a penalty not

exceeding Fifty Pounds.

LXVII. AND BE ET ENACTED, that if any Toll Collector wlm TOH Collectors die- chsrp~d and refus~ng

hall be dischnrpd from his office by such Commissionerg or other ,. ,& ., T,!,.

be ejec-

person in that behalf authorised by such Commissio~ers, shall, house49 ted upon wurrant.

ref&,e to deliver up the possession of the llouse, buildings, and q p u r tenanees which he enjoyed in right of hhis appointme~t to that

office, within two days after notice of his discharge shdl be given to

him or Left at his house, or if; the wife or famdy of any such ToU

CoUector who shall die, as aforesaid, shall refuse to &liver up the possession of such house, buil&r~g, and appurtmanccs, within four ctaya after lawfd demand for that purpose shall be made, then and in either of the said cases, i t shdl and may be lawful for leny Justice of the Peam, upan proaf of any such refusal as, aforesad.,. by warrant lander his hand and wd, ta order a Constable, or ather Peace Offieer, with such assistance W shall be necessary, to enter such house and premises in the day time, and to; remove the pemw who shall be

found therein, together with their goods, out of such house, and to	give possession of such house m d premises to the Surveyor, or
~ l i person a9 by him, or by the Conrmis&ioncrs, shall be appointed;
to take possessic& t h d.

LXVIIIn AXD BE IT EXACTED, that it; shall heb h w E d hior the Power to farm TOIIS.

&# C o r n ~ s i t l n m, at a; Pablie Meeting, to let to farm the Tolls af:

the s e v a d gates that map be crechecl upon the Xonds unrler their

Wpwintdence m&ively,. dter causing notiee to be given of the time & @we fop. letting the same, at least fourteen days befaze the day to be appointed for that purpose, by affixing such Wiw upon all the Toll-gates on the said road, and by insertion at

lesst once in the South Aa~ntralialo Government Gazette, and speci-

fyin g

fying 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 halt' hour glass, and the last bidder at the out- running of the said glass shall be declared the farmer or renter of

the said 'l'olls, 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 snreties for payment thereof, and under such conditions, and in such manner, as the said Commissioners shall think fit, and if the pcrson being the highest bidder shall not forthwith enter into such agreement, it &all and may be lawful to

put up the said 'I'olls again immediately for another bidder, and in

like manner to continue putting up the same until a bidder shall be found who shall enter into such agreement; and in case no bidder

shall offer, or in case the same shall not be let at such Auction, it

shall be lawful for the said Commissioners 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 therefore, or the said Commissioners may fix some future day for the letting thereof, as they shall judge most proper, upon giving such notice thereof as aforesaid; and if the farmer or renter of such Tolls shall take a greater or less toll from any person than such as is directed or authorised by this Ordinance, he shall, on conviction for evcry such offence, forfeit and pay a penalty of Five Pounds, and the said agreements for renting the Tolls shall,

if the Commissioners think fit to vacate the same, become null and

Proviso.	void : PROVIDED ALWAYS, that at all such lettings, the said Com- missioners shall be entitled to bid for the Tolls so to be let, eithcr by themselves or their clerk, or any other person by them respectively authorised: PROVIDED ALSO, that no such 'l'olls shall be demised or
Proviro.
leased for any longer term than one year at one time.

LXIK. AND BE IT ENACTED, that in case all or any one of

the said tolls shall be demised or let to farm to any person, and the lessee, or farmer thereof, shall neglect or refuse 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 fhrmer shall be in arrear

by the space of fourteen days next after any of the davs on which

the same ought to be paid pursuant to the agreement fo; 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, by warrant under

his hand and seal, to order a Constable, or other Peace Officer, with splch assistance as may be necessary, to enter upon and take pas-

sessioa

- 'TO&.

session of such Toll-house, or Toll-gate, ToILbar and the buildings

appurtenances thereto belonging, and to remove and put out

such Lgssee or Farmer of the Tolls arising thereat respectively, or

other persons who shall be found therein, together with their goods,

,

out of and from the possession of the said Tolbhouse or other Buildings and Appurtenances, and from the collection of Tolls, and to put the said Commissioners, or any one of them, or their officer or other person authorised, acting by or under their authority, into the possession thereof, and thereupon it shall be law- lful for the said Cornm.issioners, if they shall think fit t o vacate and determine the contract or agreement (if any), for der&hg,or letting the said Tolls to such farmer or lessee, and the same shdl 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 renib thereby reserved, or other covenants or agreements on the 4essees' part which shdl have been holden), as if such demise or agreements had never been made, and it shall be lawful for the said Commis- sioners, 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 K no former demise, contract, or agreement, had been made relative thereto, any rule of law or right to the contrary notwith~tanding.

LXX. AND BE IT ENACTED, that for making, maintaining, VIIL Assernnentr.

and improving the District Roads, it shall be lawful for the several ~,,,ss,e,t, for

District Boards respectively, -in order 'to raise the necessary funds, trick Boatis.

to cause ~ A s s e s s r n e n t s to be made fiom time to time, as occasion

may require, upon all purchased lands within their respective ?mm-	P-
dreds, not being the property of the Crown, and not being within the limits 6~f any present or future Municipal or Civic Corporation, such Local Assessments, not in any case exceeding in one year, in the
whole niGpence per acre.

LXXI. AND BE IT ENACTED, that the person primmily liable Am"n5mmt8 to be paid by Occupier,

to the payment of assessments made under the authority of this who, if a Tenant,.: unless otherwise

Ordinance,,shall be the ouuupier or person in possession of the lmds (. stipulated) may net

h respect 'of, or upon, which such assessments shall be made, at off halftheA~nen-

the time when the same shall be due, or in case of a change in ~ u c h

ment against Rent.

possession :in the -meantime, the person occupying when the distress shall be executed; and every tenant shall (unless otherwise stipulated in his lease or agreement) be entitled to deduct and set off fIom the rent to be paid by him in respect of such lands, one half the amount of every assessment paid by him ; and, in case of any vacant possession of any land, such assessment &all be paid by the owner of such land.

that notice of every assessment Notice ofAasesament,

LXXII. AND BE IT ENACTED, and day of confirm-

be made under this Ordinance, shall be published for general t ion of A~eaamcn9,

jnforrnatio.~

Asmments* info~mation in the South Aus~ralian Gouermnen t Gazette, for four

and how Aaaessment consecutive weeks previous to the day of. confirmation thereof, to be made. as hereinafter mentioned; and every such notice shall spec*

, the respective amounts of assessment to be paid and the -land in respect of which each person is assessed, and the day when and place where such assessment will be confirmed by the Glommissioners making the same; on which day, and at which place, every person assessed shall, by himself, or.: some other person on hi8 behalf, attend the said Commissioners, and pay into the hands of the said Commissioners, or the person by them authorized to receive the same, the amount of assessments, which shall then be confirmed by the said Commissioners, at which he is rated:. And, in case any person shall be assessed in ,respect of any land at a higber or other rate than by this Ordinance is authorised, or shall object to any rate, or be assessed where he ought not to bc assessed, or if there be any error whatsoever in any assessment, i t shall be lawful for the said Commissioners respectively, on the day and at the place last men. tioned, to alter,. amend, .annul,-.or confirm any such assessment; the amount of which assessment, in case the same shall be altered or amended, shall be then and there paid by the person liable to pay the same, as aforesaid: And, in case no objection shall be made to any such assessment, as aforesaid, or being made, shall be overruled

by the Commissioners, the ssmc shall be, and be deemcd and be

taken to be confirmed by the said Commissioners, unless the same shall be altered, amended, or annulled by tlic said Commissioners,

in which case, such alteration, amendment, or mnulling of any

assessment, shall be finaband conclusive..

Recovery of Assess- LXXIIE. AND BE IT ENACTED, that upon the non-payment of

naents.

any such assessments as aforesaid, the paymcnt thereof shall and may be enforced by distress and sale of any goods and chattels which may or can be found upon any part of the lands in respect of which such assessment is . due, or of the goods and chattels of the

by any collector appointed by the said Commissioners, by virtue of party liable to pay the same, wheresoever the same may be found his appointment, and without my other warrant than this Ordb

nance; and the surplus, if any, of t h e moneys raised by such dis- tress or sale, shall be paid, on demand, to the owner of the goods

and chattels so sold, after deducting all costs, charges, and expenses

Proviso.

of such distress and sale: PILOVTDDED, that no sale of such goods

and chattels shall take place until after the expiration of five day

Proviso,

from the seizure thereof: PROVIDED ALSO, that such assessment may

be recovered by action of debt, or other proceedings, before any

competent jurisdiction, at the suit of the Collector, or other person

in that behalf appointed by the Commissioners to receive the same.

When assessmenb in LXxIV. AND BE IT ENACTED, that in case any proprietor of any lands

lands (subject to be assessed under this Ordinance) who shall not be ~ ~ s ~ ~ s ~ n e ~ ~ ~.

--

pssessed of any distrainable goods, whether resident within the .,,,,, hr three yearn

province or not, shall permit the rates or assessments due in respect arid no dlstreinah~e. goods fonnd, lands

of such property to rema'n in arrcar and unpaid for n period of three may I,, by order

F-ears, it shall be lawful for any Collector or other officer, authorised	S t l ~ ~ e m e c o u c t -
by the Commissioners in that behalf, to make application by petition
to the Supreme Court, and the said Court or a Judge thereof shal1,after
such notice by publication or otherwise as may be deemed necessary and
proper, summarily adjudge and order subh lands, or such part thereof
as may be sufficient to pay the whole arrears of rates or assessments
due at or prior to the said application, vith interest thereon,
at the rate of ten pounds per centum per annum, the costs
of such application and expenses of sale, to be sold by pb l i c
auction, in such manner and form, and subject to such terms
and conditions as the said Court or Judge may deem most
advantageous to the interests of the parties concerned, the proceeds to be paid into Court: And thc said Court or Judge is also hereby authorised and empowered to order payment to the said Commis- sioners, or such officer as aforesaid, of the said amount of rates or assessments, intcrcst, costs, and expenses incurred, in greferencc to any mortgage or other right af security over the said lands, and to direct a conveyance to the purchaser to be made and' executed by some officer of the Court, in such form as shall be approved of by the Court or iJudge, free of any mortgage or other imumbrance whatever, and such conveyance shall be as good, valid, and effectual to vest the real estate thereby conveyed in the purchaser thereof, as if the same had been executed by the party having the legal or beneficial estate and interest therein: And any balance
or sum remaining after the paymcnt of the said rates, costs and ex-
penses, shall be paiii by the proper officer of the Court, into a chartered. Bank, at the sight and approval of the Court or Judge, subject to the future orders of Court.

LXXV. AND BE IT ENACTED, that whensoever the Commis- Ix. I~~:prt~l~)~ie~ct

and Kegztit~tioti r f

sioners shall deem it ncccssary or expedient to opcn and make a	aouLls,
new road, G r to alter the line of any existing road, or to proceed	Notice to be pivrn ot

with the execution of any new work in connectian therewith, new l,nes or

such Commissioners shall cause a survey map and plan thereof, altetation~ot

e x ~ s ~ i f i r

describing the exact course and bearings and the admeasurements liner of Road.

~quired for the same, and through what lands the same is pro-

posed to pass, and the names of the owners or occupiers thereof

$0 far as known, together with an estimate of the expense of the

work, to be deposited in the office of the Surveyor-General at Adc-

hide, and a notice to be published by advertisement in the South

A~~troZiun Government Gazette, describing generally the same par-

cdars, and referring to such maps, plans, and estimates, to be seen in

said Surreyor-General's Office, and calling upon all persons affected

t o 4

~ ~ o atid to set forth in writing, addresoed to the Commissioners or their ~ ~ n t

Regttlotobn of

&ads. Clerk, within forty days from the first publication of such notice,

- any well grounded objections they may have to the work.

Plans md Eetimatell

md Book of Reter- IXXVI. AND BE IT ENACTED, that there shall be deposited and

ssre, to be dspoafted kept in the office of the Surveyor-General, and exhibited at all con- in the Surrey Office- venient times for public examination, from the day of the date of the

Gazette in which the said notice shall be published, the 'said plans

and estimates, together with a book of reference in which shall be entered the names of the owners or occupiers of each and every portion of the said land through which the said intended road

&all pass, with a description setting forth the bearing of such road,

the nature and quality, the state and cultivation, the enclmmea

if any, a d the quantity of the said land respectively.

Per~om affected by LXXVII. AND BE IT E N A C T ~, that at the next meeting o!ftthe

in tended	alteratio~~r
of	U) Comissioner~ having the care and management of such road,

m d object at next	after the expiration of	such notice aa aforesaid, it shall be compe-
meeting of Commir-

riondtr aftet n o t b	tent for any person who shall be aflected by any such proposed work,
expires.	and who shall have set forth in writing his objections as aforesaid,

cootracts may be	HOW Commissionersv any persons for the execution of any works directed or authorised
I I ~ U ~ E. by or in pursuance of this Ordinance to be done by the Commis-

. sioncrs, or for furnishing materials, or for any other things necessarv for t11c purposes hereof, and every such contract f ~ r the execution (;f anv work s l d l be in writing, and shall specify the work to be done, and the materials to be furnished, and the price to be paid for thr same, and the time or times within which the work is to be con:- yleted, and the penalties to be suffered in ease of non-performance thereof; and the power hereby granted to the Commissioners to entcr into contracts may lawfully be exercised, as follows, that is to say :-

Any contract, which, if made between private persons, mould be bv law required to be in writing a n d under seal, the Com- nkssioners may make, under the hands and seals of the Cox-

missionem, or any t v o of them acting by direction or on h'-

half of the Commissioners, and in the same rnanncr may

vary ou discharge the same.

Any contract, which, if made between yrivatc persons, moldd hc

by law required to be in writing and signed by the parties to

be charged therewith, the Commissioners may make in

writing, signed by the Commissioners, or any two of tlkr number acting by the direction or on behalf of the C m - missionem, and in thc same manner may vary or discharge the ' same,

contract, which, if made between private persons, would by

law be valid, although made by p a d only and not reduced into writing, the Commissioners, or any two of them acting by thc direction or on behalf of the Comznissioners, may

make by par01 only, without writing, and in the same manner

may vary or discharge the same.

AND all contracts made according to the provisions herein cm- tained, being duly executed by the persons contracting to perfora:

the works therein comprised respectidy, shall be effectual in la%

and shall be binding on the Conmissioiiers and all other

thereto, their Successors, Heirs, Executors, and Administrators, as

the case may be; and in casc of default in the execution of any such contract, either by the Commissioners or by any other party thereto,

such

Cont~cretr and

r d ~ h actions or suits may bc mixintnined thereon, and damages and Illiisks.

costs recovered by or against the Commissioners, or the other parties, .-

f~iling in the execution thereof, as might have been maintained and

recovered had the same contracts been ~ n d c	between private
persons only.

have power to borrow

be lawful for the said Cornrnlr;sioners to enter into any contracts ,,. antieiprte tunidS.

(s agreements for the purposes of' this Ordinilncc, or for any other 1,urpose whatever, exceeding the funds actualtlly at the time at their 1 L

rlisposal or uuder their colkol; and that tlib said Commissioners h l d l not, by wav of Mortgage, Dcbentu~os, or otherwise, borrow, or from any sourcc anticipate, f i d s in any manner wlmtcver.

by the Commissioners, Ten days9 naticc, at the least, shall be giver. ~ ~ ? ' ~ $ ~ ~ rtz::

in the Soulh Australian Govermm~nt C A m t t e, csprcssing the purpose derc.

nf such contract, and inviting m y person willing to undertake the same, to nialic proposals for that purpose to the Commissioners, and the Corxirnissivr~ers shall accept the proposal which upon a view of

all thc circurnstanccs s l d l appear to then1 to be most advantageous,

i d shall take security for thc d;x m d hitllful performance of every

such co:ltrttct.

CXIV. , ~ Y D BE m ENACTED, that the Csmmissioners may corn- Commissianer~ my

pound with any party who has entcred into any such contract,	compound for bruvch
or against whok any action or suit has been brought, for any penalty contained in any such contract., or in any bond or other security for the pxforrnance thereof, or on account of any breach or noGPer- formance of any such contmct, bond, or security, for such sums of

money or o t~~er~recorn~euse as t ! ~ ~'ommissioners may think proper. CXV. AND BE IT ENACTET), that all moneys that shall bc raised XII. A c ( ~ t b t s.

by licence duties, tolls, assessment, or otherwise, under and by virtue M,,,,,., ,.,,,d, ,.

of this Ordinance, shall be accounted for and paid by thc several fonll h n d s ln lhe

hands of the Colonin:

persons authorised to receive the same, into the hands of the Colonial Treasurer, at the I?;+

I I

lreasurer, at such times and in sncl~ innnner as the Governor shall i'$'ftllLe co"m'3'

appoint, and shall form separate funds to be at thc disposal of and applied in furtherance of the purposes of this Ordinance, by the Coni- missioners under whose superintende~lce respectively the same shall have been so assessed and Icvicd, or to whom the same shall be made payable according to the provisions hereof: And the said Treasurer shall, and he is hereby rcquirccl to pay ni l such moneys, in such sums, and to such pcrsons, as shaU be mentioned in any warrant in writing, signed by at lcast two of the said Commissioners respectively, of

%horn one s h d be the Chairman.

CXVL AND

Aemmtr. CXVI. AND BE IT ENACTED, that in case it shall appear to

-

Aa to requisitions	theCommissioners respectively, that the several moneys arising from
Public Revenues of	the sources of revenue hereby authorised, are inadequate, and that
the Province.	further funds are requisite for the due making, maintaining, and improving the roads under their care and management, the said Commissioners shall and may, previously to the usual period when the Annual Public Estimates are submitted by the Governor to the Local Legislature, make application, as warly as may be, i n the form of the Schedule D, hereto annexed, for such amounts as the Commissioners may deem to be requisite, in furtherance of the purposes of this Ordinance, setting forth the manner, extent, and locality of the proposed expenditure, and the proportion thereof to
be contributed by funds raised under the provisions of this Ordi- nance, and by what means, as licence duties, tolls, assessment, or
otherwise, as compared with the amount sought from the General Public Revenues, or from the moiety of the Waste Land Sales Fund reserved for the appropriation of Her Majesty.

from the General

Aecountn to be kept	CXVII. AND BE IT ENACTED,	that the Commissioners shall
of receipt8 and dia-
buraementa, which

shall be open for in-	cause books to be provided and kept, and true and regular accounts
apection.	to be entered therein, of all sums of money received and paid for and on account of this Ordinance, and of the several purposes for which such sums of money shall have bccn received and paid, which books shall, at all reasonable times, be open to the inspection of any
of the Commissioners apd any person haying ail interest therein,
without fee or reward, and the Commissioners and persons aforesaid, or any of them, may take copies of, or extracts from, the said books, without paying anything for the same; and any Clerk or other pexson, ha;ing the custody of the said books, who shall not, on any reasonable demand of any Commissioner or other person, as afore- said, permit him to inspect the said books, or to take such copies or
Penalty for refusal.	extracts, as aforesaid, shall be liable to a penalty of E v e Pounds for
every such offence.

to be prepared, and GXVIII. AKD BE IT ENACTED? that the Commissioncrs s l d	Statement of aceOuntr
be opsa~xinspection. cmse their accounts to be balanced in each year, to a period not less

than one month before the Annual General Meeting at which they are to be produced, as aftcrmentioned; and fourteen days at least before such meeting, the Commissioners shall cause a full and true statement and account to be drawn out of the aniount of all rates or assessment made, and of all contracts entered into, and of a11 moneys received and expended by virtue of this Ordinance, during the preceding year, and also all debts then owing by the Commis- sioners, and allow the same to remain for inspection a t the office of the Commissioners; and every person paying any rate or assessment under this Ordinance, or any person acting on behalf of any such

e ra te-payer,

mte-payer, or any other party interested may, at all reasonable times.	Arcf ivd~.
illspect such statement and account, and compare the same with the
books and documents relating thereto in the possession of the Com-
missioner~; and the Clerk shall, on demand, furnish a printed copy ,f the said statement and account to every such rate-payer, without
fee; and fourteen days at the least before the meeting for ex- amining and settling such account, the Commissioners shall give
public notice of such intended meeting, stating, in such notice, that the said statement and account are printed and lie at the office of the Conimissioners ready for the inspection of the rate-payers or other parties interested.

CXIX. AND BE IT ENACTED, that the accounts of the Corn- P c o u n t c to be mined and settled at

missioners so balanced as aforesaid, together with the said statement the Annual *leeting.

and account, shall be produced at the Annual Meeting of the Com- missioners, or at some adjournment thereof; at which Meeting all rate-payers and otber persons interested may be present, and the ac- counts shall be finally examined and ~ett led by the Comrnissioiiers; and if the same be found just and true, they shall be allowed by

the Commissioners, and being certified accordingly, under the haud

of the Chairman, and also by the Autfitors, as hereinafter provided,

the same shall be final in regard to all such persons as aforesaid,

sub~ect always to the examination and audit of the Government. *

CXX. AND BE IT ENACTED, that the rate-payers or other A1lditOrr be V -

pointed.

parties interested, present a t the said Annual Meeting, may appoint	I
two or more persons, not being Commissioners, to be Auditors af
the accounts of the Commissioners; and if no other person present at such Meeting propose the names of two persons to be appointed A~tditors by such Meeting, it hall be the duty of the Chairman of'

the Meeting to propose the names of two persons to be so appointed; ,

and the persons so to be appointed Auditors shall have the like Qmlifieationot

qualification, and &all bc subject to the like disqualification or dis- AYd"Org*

ability as the Commissioners; and before entering on their office

the same purport and effect as that hereby required to be signed	they shall make and sign, before a Justice, a solemn declaration of
by tlle Commissioners; and the Auditors so appointed shall receive such reasonable remuneration for their time and trouble
as the Commissioners may allow, and all such expenses as
they shall be put untu attending the auditing of the said accounts;
and if any dispute arise as to the amount of ihe remuneration and expenses to be paid to such Auditors, i t shall be settled by Two
Justices,

CXXI. AND BE IT ENACTED, tllat the Auditors so nominated, A t ~ ~ i t o n i n ~ c t

accounts, and mmy

h l l attend as soon as conveniently may be after the said Annual appeal a ~ a i n r t any

xeeting, at the office of the Commissioners, or at some other cull- me* if

venient

J c m * a - -

venient place to be appointed by the Commissioners, and from time to time shall, in the presence of the Clerk of the Commissioners, if he desires to be present, proceed to audit the accounts of the Com- missioners for the year preceding the said Annual Bleeting; and the Commissioners shall, by their Clerk, produce and lay before snch Auditors the accounts so allowed and certified as aforesaid, to- gether with the statement and account hereinbefore mentioned, ac- companied with proper vouchers in support of the samc, and all books, papas, and writings in their custody or power relating theseto; and any person interested in the said account, as a rate- payer or otherwise, may be present at the audit of the said accounts, by himself or his agent, and may make any objection to any part oE such account; and if the said accounts be found correct, such Au- ditors shall sign the same in token of their allowance thereof; but if such -4uditors think there is just cause to disapprove of any part

of the said accounts, they or any okller person interested in the said

accounts, as aforesaid, may appeal against m y such parts of the said accounts as shall be so disapproved of, to the Governor, who may on

such appeal, or without any such appeal if he deem fit, cause such

accounts to be examined by the Auditor-General of Public Accounts

of the Province.

made up and ttnnn- CXXII. AND BE TT ENACTED, that the Commissioners shall, to b*

mrtted to the coto- every year, cause an annual account in abstract to be prepared,	.#	*
nial Secretary, and to

be open to inspection. shoGicg the total receipt and expenditure of all funds levied or re;	ceived by virtue of this Oriiinance, for the year ending on the day
dovn to'which their accounts shall have been made up for the said Annual Meeting, or some other convenient day in each year, under
the several distinct heads of Receipt and Expenditure, with a state- ment of the balance of such account, duly audited and certified by
the Chairman of the Commissioners, and also by the Auditors
thereof, and shall send a copy of the said account free of charge to
the Colonial Secretary, within one month after the same has been
duly audited, which account shall be open to the inspection of the

Ptoalt J for neglce :t. public, at all reasonable hours: AND if the Commissioners s l d

omit to prepare and transmit such accounts as aforesaid, they shall

be liable for every snch omission to a penalty of Twenty Pounds.

P ~ i e h n; e ~ for em-

iwzziementuf moneyr CXXIII. AND BE IT ENACTED, that if any person entrusted

with the receipt or disposal of money under this Ordinance, shall

,...,..r usdrr ihia

Ordinance.

fraudulently dispose of, or retain in his own possession, or apply to

his own use, or shall not duly account for any money with the re- '

ceipt or disposal of which he shall have been so entrusted as afore-

said, such person shall be deemed and taken to have stolen the

same, and shall be guilty of larceny.

XIII. Legal Pro-

CXXIV. AND BE IT ENACTED, that no Commissioner being a ceedings.

party to, OX executing in his capacity of Commissioner, any contract -

Commissionera not

or other instrument on behalf of the Commissioners, or otlumvise	to be personally liab!e
lawfully executing any of the powers given to the Commissioners,	captlcity of a Cow-
for acts done in the
&all be subject to be sued or prosecuted, either individually or col-	miarioner.
lcctively, by any person whomsoever; and the bodies, or goods, or lands, of the several Commissioners, shall not be liable to execution
of any legal process by reason of any contract or other instrument
entered into, signed or executed by them, or by reason of any
other lawful act done bv them in the execution of any of thcir
powers as ~omtnissioners; and the Commissioners respecthly, their	Commimioners to be indemnified for actr

Heirs, Executors, and Administrators, shall bc indemnified out of done eleEulloP

the rates and other moneys coming to the hands of the Commis- of their office.

sioners by virtue of this Ordinance, for all payments made, or liabi- lity incurred, in 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.

CXxV. A m BE IT ENACTED, that in all actions and suits in brought Actione or in suit8 the name to be

respect of any matter or thing relating to the exccution of this Or- ,,f ,,, ,,, commi,

dinance, to be brought by or igainst the Commissioners, it shall be donera or theirc*

sufficient to state the names of any two of the Commissioners, or the

name of their Clcrk, as thc party, plaintiff, or dcfendrtnt, reprcsent-

ing the Commissioners in any such action or suit; and no such ac-

tion or suit shall abate or be discontinued, or require to be trans-

ferred, by reason of thc dcatli of any such Commissioner, or by his

ceasing to be a Commissioner, or by the death, suspension, or xe-

moval of such Clerk.

Cx?(VI. AND R E IT ENACTED, that execution upon every Executions to be le-

jlrdgment or decree against the Commissioners in any such action or longing t~ Carnois- vied on the g o d be-

suit, shall be levied on the goods, chattels, or personal effects belong- sionera, virtue of

ing to the Commissioners by virtue of their office, and shall not in their office only.

any manner extend to charge or make liable the person or private

lands or goods of any of the Commissioners, or the Heirs, Executors or Administrators of any of thcrn.

CXXVII. AND BE IT ENACTED, that every Commissioner, or commissionern md

Clerk, in whose name any such legal proceeding shall be carried on, t:$d z, b~h~,$;	either as Plaintiff or Defendant, on behalf of the Commissioners, &c.
shall be reimbursed out of the moneys which shall be payable
lmder this Ordinance, all damages, costs, charges, and expenses, to ~vhich any such Commissioner or Clerk may be put, or with which he may become chargeable by reason of being so made Plain-
tiff or Defcndant.

C ~ ~ V I I I. AXD BE IT ENACTED, that the Comrnis~ioners may Haw indictment, to

prefer h preferfib

- ~ + o c e d i w refer a Bill of Indictment against any person who shall steal or wii- fully injure any prperty or thing belonging to the Commissioners or under their management, or institute any other proceeding which may appear to them necessary for the protection of such property, and in every such case, it shall be sufficient to state generally the property or thing in respect of which such proceeding shall haj~e

been taken, to be the property of the respective Boards of Comrnis- sioners, as they are severally named and described in this Ordinance, without naming the individual Commissioners,

Service of notice CXXIX. AND @E IT ENACTED, that any Summons or Notice,

mpoa Commirrionerr. ar any Writ or other Proceeding at Law or in Equity, requiring to

be served upon the Commissioners, may be served by the same b e q left at or sent through the Post Office, directed to the Cornmisioners, at their pincipalU office, or usud place of meeting, or by being given personally to the Clerk, or in case there be no Clerk, then by being given to any one Commissioner.

CXXX. AND BE IT ENACTED, that every Order, Sunirnons,

Notice, or other such document requiring auihentication by the Commissioners, shall be sufficiently authenticated if signed by two Commissioners, or by the Clerk of the Commissioners, and the same may be in writing or in print, or partly in writiug and partly in print.

Proof of debts in

Baukruptcp CXXXZ. AND m IT EXACTED, that with respect to the proof

of debts in Bankruptcy or Insolvency, if any person against

whom the Commissioners have any claim or demand become bank- rupt, or insolvent, according to the provisions of any Ordinance re- lating to Insolvents, the Clerk or other Officer in that behalf appointed by the Commissioners, in all proceedings against the estates of such Bankrupt or Insolvent, or under any Fiat or Act of Insolvency against such Bankrupt or Insolvent, may represent the Commissioners, and act in their behalf, in all respects as if such claim or demand had

been the claim or demand of such Clerk or Officer, and uot of the Commissioners,

P r o c e c d i ~ not to be CXXXII. AKD BE IT ENACTED, that no assessment, convictioll,

void for want of form,

., .. ~ r. t ~ d by m y order, warrant, or other proceeding, which shall be made, or shall

u;i"ase, therein* PULTOX~ to be made, by virtue, or in pursuance, or in execution of. this

Ordinance, shall be quashed, or deemed to be void, or voidable, for want of form,or be impeached or affected byreason 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 procedng

be in substance and effect in conformity with, or according to, the

i&nt and meaning ofthe said Ordinance.

c X S X ~ I I. Anu os IT ENACTED, that nothing in this Ordinance

&a11 be deemed to extend to or affect any law relative to the revenue of the Crown, or any claim of IIer Majesty in right of her Crown, or othcrwisc homsoevcr, or any procccdings tit law or in equity bp

or on behalf of Her Majesty.

CXXXIV. A m BE IT ENACTED, that all pmcccdings under this

Ordinauce, in so fkr as not otherwise cxprcssly 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 respectivelv, and all fines imposcd, and all sums of money

ordered to be paid, may be recovered before any one Justice; and

every p e m n feeling aggrieved by the imposition of any such fine

or by any conviction under this Ordinance, shall be entitled to ap-

peal thercfrom in manner and form and on the terms respectively, which are prescribed by the laws of the Province in force for the time. being,- f ~ r regulating summary proceedings before Justices of

the Peace,

CXXXV. A m BE IT EKBCTED, that when information or corn- Proprietore of car~ luues to be

plaint shall be made before any Justice of the Peocc, against the d a,,eR,

driver of, any carriage, for any offence cotnrnit ted by him against the ~ l r d	p r ~ J u c e	d r i v t ~
provisions oP this drdinance,- such Justice may firthwith summon
the proprjrtor of such carriage personally to appear, and to produce
the driver of such carriage, to answer such information or complaint: Ancl ii such proprietor, being duly summoned, shall neglect or re-
fuse personaily to appear, or to produce such driver according to

such summons, such proprietor shall forfvit Forty Shillings, until Pena!tl, 40 &i!lioya.

such driver be produced: P n o v m z ~ ALmays. that if such nrn-

prietor shdl neglect or refuse to appear and prohuce such drive: on

the second or any sub~equent summons requiring him so to do, ~ ~ r ' ' ~ ~ ~ ~ t &: ~ ~ ~ " d

without reasonable cxcusc to bc allowed as aforesaid, it shall be map proteelt.

- -

lawfd for such Justices to proceed to hear and determine the said

information or complaint, in the absence of the said proprietor and driver, or either of them, and upon proof of such offence, by the

oath of one or more credible witness or witnesses, to give judgment

against the proprietor for the penalty incurred by reason of such

offence.

CXXXVI. AND BB IT ENACTED, that all pecuniary penalti~s and +na!ties i f via

by dr iv r rs mdy tre

costs incurred by reason of any offence committed by the driver of	yruyr,a~ors.
zny carriage against the provisions of this Ordinance, shall, unless shell driver shall pay the same, be rccovcred from thc prop~ietor of such calriage in a summary may, before any one or more Justices of
the Peace, according to the laws for regulating procccdings before
J tlsticcrs.

x ~ ~ ~ i	rf0eetdiif9u~	who shall pay any penalty or costs incurred by reason of any
offence as aforesaid, committed by such driver, shall be entitled to
deduct the amount of such penalty and costs from any wages then
due to such driver, or if no such wages be due, reco~~er the s a w
from such driver in a summary manner, and upon complaint made in the premises before any Justice of tllc Peace, by the said propietar against the saiJ driver, mch Justice shall inquire into the same,
and shall cause the sum which shall appear to haw been so paid 2 s
aforesaid by the said proprietor, to be levied by distress and ssie of
the goods bf the snid driver; and for want of sufficient distress, such Justice shall commit the said driver to the common Gaol of
"Housc of Correction, there to remain for any time not exceedinr; two calendar months, unless the owner shall be sooner paid; and cvcry such imprisonment shall be w i ~ h or without hard labor, a;
Pro 1. iun.	such Justice shall direct: PROVIDED always, that if thc said driver
shall have bcen previously convicted of the off'ence for which the
said penalty or costs shall "D as aforesaid paid by the said proprietor,
then such proceedings shall be had and taken against the said driver
upon such conviction for recovery of the penalty and costs in whicil he shall have been convicted, as might have been had and taker1 thereon in case the said penalty or-costs had not been paid by
the said proprietor, and upon recovery thereof, the sum so paid by sach proprietor shall be repaid to him.

CXXXVIII. AND BE IT ENACTED, that ir, case of any dispute

between the proprictor of any carriag? and the driver thereof, then, upon complaint made before any Justwe of the Peace by such prc- prietor against such driver, or by such driver against such proprietor,

such Justice shall iaquire into and determine the same, and shall

award and order such compeusation to be made to either party, as to

such Justice shdl seem proper; to be recovered i n a summary wily

according to the laws for regulating proceedings before Justices.

Justices cmprwt-.red	CXXXIX.	AND BE IT ENACTED,	that if any driver of a car-
tn nwnrd c.an~prm%.-

t in? to drivc3.s fur*	riage shall be summoned or brought before any Justice of the reace
their lom o f tune in
aftcndinq to ally	to answer any complaint or information touching or concerning any

cu~r~plnrnt wl~it-ii offence committed, or alleged to be committed, by such drivcr against

& l 4 1 not be subsvan-

tiaiod againbt the~u.	the provisions of this Ordinance, and such complaint or information
shdl afterward? be n i t l r d r m, or quashed, or dismissed, or the de-
fecdant shall be acquitted of the offcncc dmrged against him, it d d
be lawful for the snid Juatice, if be dmll think fit, to order and award that the complainant or informaot dlnll pay to the said driver, such compensntion for his loss of lime in attmdinw t ? the said Justice. touching or concerning such con:p!aint or informatlon, as to the said Ju t i ce shall seem reasollablr; a id in defiult of payment of such compensation, it sliall he lnaCul far the slid justice (0 commit s d l complainant or informant to prison, for any time not exceeding one calendar month, unless the same d d l be sooner paid.

CXL. A m

X AND BE IT ENACTED, tliat all fines, penalties, 2nd i ~ P r o c r e d + ~. -

sums of money, levied or recovered under this Ordinance, shall, ~ p p r o p r l ~: . ~ ~ ~ i l ~ f

fax ss not otherwise expressly mentioned, be paid to the Colonial m 0 f l e ~ 8 *

Treasures, on behalf of Her Majesty, Her Heirs and Guccesso the public uses of the Province and support of the Govex thereof.

CXEL AND for the protection of persons acting in the ex- Amtoproreedin~~ apinirt perrnnr acting

ecutiou of this Ordinance, BE IT ENACTED, that aU actions and p r ~ uader c l i. Ordio.naaa

secutions to be commenced against m y person for anything done in pursuance oi this Ordinance, sliall be commenced within two calen- dar rnonthv after the fact was committed, and not otherwise, and notice in writing of such action and of the cause thereof shall be Notice of sciioo.

given to the defendant one calendar month at least before the corn-

mencement of such action; and in any such action the defendant

may plead the general issue, and give tl$s Ordinance and the special General ifi8.e.

matter in evidence at any trial thereupon; and no plaintiff shall

recover in any such action if tender of sufficient amends shall have Tender of amend'

been made before such action brought, or if a sufficient sum of

money shall have been pr;id into Court after 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 If joaymentbsyihat

against the plaintiff, the defendant shall recover his full costs as pls~ntiff.

between attorn-.y and client, and have the like remedy for the same,

ss any defendant hath by law in other cases; and though a verdict

shall be given for the plaintiff in any such action, such plaintiff

shall not have costs against the defendant, unless the Judge, before

dmrn the trial shall be, shall certify his approbation of the action

and of the verdict obtained thereupon.

CXLII. AND BE IT ENACTED, that this Ordinance shall corn-

mence and take effect from and after the passing thereof. H. E. F. YOUNG,

Lieutenant Governor.

p ~ ~ d t l e Legislatice Council this Tmth Dqr/

cf October, One Thousand Eight E-letndred

a d Fwcy-nin~.

W. L, ~'HALLORAN,

Clerk of Council,

S C H E D U L E S

REFERRED TO IN THE FOREGOING ORDINANCE.

CENTRAb BOARD FOR THE FIR6T TEAR.

-

The Colonial Secretary,

me Colonial Engineer, or in his absence, The Assistant Colonial Engineec,

Charles Harvey Bagot,

Samuel Davenport,

William Giles, and

John Baker, Esquires.

SCALE OF LICESCE DUTIES,

-

£ S a,

l.-%Taggous or Drays (drawn by more than two Bullocks or one

Horse), the tire of the ~vheels being less than 43 inches in 2 0 0

w i d t h. .. .. , ...................................... I

2.-Waggons or Drays (drawn by more than two Bd~ocks or one

horse), the tirt? of the wheels b ~ h g 4+ inches and upwards 1 10 0

in width ...... ................................ .. . I

3.- cart^ and other yehicks (drawn 19 slat more than one Home

or two Bullocks), the tire of the wheels being less than 4 t 1 10 D

inches. .......................................... j

4.-Carts

and other vehicles (drawn by not more than one Horse

or two Bullocks), the tire of the wheels being 44 inches and

upwards ..........................................

5.-Spring Carriages.. ..................................... 1 0 0

II. If Licence applied for after the first day of July in any year, half the above rates.

111. On Trnnefer of any Licence, Five Shillings.

For every Coach, dkxriot, Chaise, Gig, I-Ieenrsc, Car R. d.

other Carriage, and every Waggon, Dray, or other Vehicle, ?;:;\:I: 1 V

by one Horse or two Bullocks ..............................

For every such Carriage or Vehicle drawn by two Horses or four

Bullocks ................................................

For erery such Carriage or Vehicle drawn by four I-Ioreea or Six

Bullocks ................................................

For every such Carriage or Vehicle drawn by six or more Horses

or eight or more Bullocke ..................................

For erery such Carriage or Vehicle drawn by one Pony, Ass, or

Mule, not exceeding thirttseh hands high. .......................

For every such Carriage or Fehbb drawn by two or more such ) 1 0

Ponies, Asses, or Mules.. ................................... j	F a r every saddle Horse or led Horse, Mule, or Ass.. ............	0	5
For Horses, Mules, Asses; Oxen, COW$ or other Neat Cattle,

driven, per head.. ........................................ 1 0 1

For all Sheep, Lambe, Calves, Hogs. Swine, or Goate, driven, each.. 0 0)

*,S Set forth the Name, Extent. and Locality, of the proposed Expenditure,

and the proportion thereof to be contributed by funds raised ander the provisions of

the Road Act, and by what means, as Licence-duties, Tolls, Assessment, or otherwise.