Roads Act 1852 (SA)

*

Am Act for the Making and Iinprovin,g qf Roads in South

AustralZa.

[Assented to 25th November, 1852.1

HEREAS an Ordinance w"as passed on the tenth day of

October, one thousand eight hundred end forty-nine, "Tor

thaMaking and Improving of Roads in South Australin," and many

of the provisions of the said Ordinancc have been found to be

objectionable, and have not been enforced, and it is expedient to repeal the said Ordinance, and to enact other provisions in lieu thereof:

Australin, by and with the advice and consent of the Legislative . Be it therefore Enacted, by the Lieutenant-Governor of South gpe $ p;',?

Council tlxkof, That thc said Qdinance for the making and impro-

ving of roads in South Australia shall be, and the same is hereby

repealed from and after the first day of July next.

2. And be it Enacted, That ail the public roads in the said Pro- Main and District

vince shall be divided into Main and Ilistrict Roads, and that - all

Roads.

public roads which, by any Act of the Governor and Legislative ~%uncil of the z d Province,Tii TOr=r the time being, maybe "-- de- cIaTeX be Main Roads, together with the bridges thereof, and all public works connected therewith, shall be, and be cousidered Main Roads for the prposes of this ~ c t, and that all other public roads, with the bridges thereof, and all public works connected therewith, shaJ for the purposes of this Act, he and be considered District Roads, and that all public roads shall be under the care, control, and management of Commissioners, and that the bL-mr'l Board of Main Road$' herein- afterappointed, shall be the Commissioners for the care, control, and management of Main Roads, and that the District Council for any District shall be the Commissioners for the care, control, and mmqgxnent of the District Roads within such District.

c z 3. And

Central Board of Main

Roacis to continuo	3. And be it Enacted, That the persons constituting the Central passing hereof, shall be the Central Board of Main Roads until the election and appointment of a Central Board of Main Roads, as hereinafter provided.
until new Soard con-	Board of Main Roads under the said Ordinance, at the time of the
stituted.
Constitution of Cen-
tral Board of Main	4. And be it Enacted, That the Central Board of Mabn Roads shall consist of six members, whereof two shall be appointed by the Governor with the advice of the Executive Council, and four shall be elected by the District Co~mcils, in manner hereinafter pro- vided.
Roads.
Election of elective
memhrs of Central	5, And be it Enacted, That on or before the twenty-first day of January, in each yew, every District Council shall transmit to the chairman for the time being of such Central Board of Main Roads, a list in writing containing the names of four persons as members of such Central Koad Board, and that such chairman shall inspect such lists, and shall declare those four persons wllosc i~arnes shall be contailled in the lists of the great,er number of 1)istrict Eoards, to be duly elected members of such Central l3oard of Main Roads for the year following the first day of February then next, and shall publish such names, and the number of Lists in which such names mere contained, in the Smth Australian Goverrtment Gaxetfe
Board.
ublished next after such twenty-first day of January, and that such Ests shall be preserved by the said chairmar, and shall be open at all reasonable hours for inspection by any member of a Ilistrict Board during the period of three iilonths nest succeeding such first day of February, imd that so often as any vacancy shall cccur in such Central Board of Main Roads, if the same shall occur by death, resignation, or incapacity to act of a member, appointed by the Lieutenant-Governor, then the Lieutenant-Govcruor shall a,ppoint
n persou to fill such vacancy; and if by the death, resignation, or
incapacity to act of any elective member, then the District Boards shall elect another member by forwarding to such cluiinnan the name of one person in manner aforesaid within fourteen days after
Austrcllian Government Gazette: Provided, that if any member of notice of such vacancy shall have been published in the IS'oztth
such Board, shall fail to attend a meeting of the Board for the period of three months, he sllall be deemed to have resigned his seat.
Central Board to

preparu maps cf Main 6. And be it Enacted, That the Central Board of Main Roads

R Q ~ ~ S.	shall, as soon as may be practicable, after the passing hereof, and
so from time to time as often as any new or other roads may be
declared to be Main Roads, cause to be deposited in the office of the Surveyor-(+eneralsurvey maps and plans of all Maintoads not hereto- fore deposited, describing the course and bearing and the admeasure- went of the same, and when and so often as such survey maps and plans
are deposited, shall cause notice thereof to be published by adver-
tisement in the Fouth Australian Government Gazette, setting forth such particulars as may be sufficient generally to describe

such

such roads, and rekrring to the survey maps aud plans deposited as aforesaid, and such maps and plans shall be open to public in- spection, and the same or copies thereof' certified under the hand

of the Surveyor-Gencral shall be evidence in all legal proceedings.

7. Alld be it Enacted, That at a11 meetings of t i e said Central Chairman of District Boilrd to attend Cen-

Board, every Clzaisnlan of n District Co~mcil shall ex oficio be en- ,,,IBoLlrd.

titled to attend and be heard, and take s part in all proceedings,

except that they shall, as such, have no right of voting.

8. And be it Enacted, That no bankrupt or insolvent shall be Nohankrnpt or in- solvent to be a Com-

cnpnble of being or continuing a Commissioner of the " Central missio,,

Board of Main R o ~ d s. ~ '

9. And be it Enacted, That any person, who7 at any time after NO person holding

his appointment or election as sucll Commissioner, shall accept or ~~~~~~~P~~~	continue to llvld anv office or place of profit under this Act, or be Commissioner.
concerrled or parti&mte in an? nlanneG in any contract, or iu the
r~rofit thereof,*or of lany work" to be dune uhder the authority of
the same, shall tliencrforth cease to be a Cornruissiouer, and his
office shall thereupon become vacant: Provided always, that no Shareholders in Com-
person being a sl~arelmlde~~ or a n~enlbcr of m y Joint-Stock Corn- panies
pany, incorporated by Royd Charter, or estnblisl~ed by any Act of Royal C h t ~ ter, Act of

Parliament, <Jr any

P~rliament, or m y Act or Ordinance of' the Colonial I,egislature, Colonial

slinll be prevented froin acting as a Commissioner by reason of any not disqualified by	reason of coutracts.
contract entered into between such Compauy and the Commis- sioners; but no such Colnn~issioner, beirig u member of such Com- pany, shall vote on any question relating to the execution of this Act in wlliclz such Company is interested.

10. And he it Enacted, That a person shall not be incapable of Commiasioneranot in.. cupable of acting as a

acting as Justice of the Peace in the execntion of this Act, wit11 re- ~ ~, , i, ,

ferenee to the levying of any penalty thereunder, by reasou of his

being a Comruissioner.

11. And be it Enacted, That no person shall be capable of acting Declaration to be made by Conlmission-

as Commissioner of such Ceiitrsl Board, except in administering the ,,	*fore aering,
declaration hereinafter mentioned, u d l he slrall have made and signed, before one of the Comn~issioncrs, a declaration to the effect following:

"I, A. B., do hereby declare that I will faithfully and im-

partially, according to the best of my skill and judgment,

execute all the powers and authorities reposed in me as a

. Commissioner of the Central Board of Main Roads, by

virtue of the Act No. 17 of 1852: -4nd, also, that I am not disqualified, as a Commissioner, in terms of the said Act."

corruptly make and subscribe the declaration aforesaid, knowing mididemeanor 12. And be it Enacted, That any person who shall falsely or Fake declaration a

the same to be untrue in any material particular, shall be deemed

guilty of a misdemeanor.

13. And

Quorum of Commis-

sioners. 13. Arid be it Enactcd, T h t all powers vested in the Ceutral Board of Main Roads under this Act ma'y be exercised by ally three or more members of sucli Board present at any meeting holdea in pursuance of this Act, and no business shall be transacted at any meeting of such Bonrd, unless the said ntuuber of members be present.

of

of meetings.	14. And be it Enacted, That, at the first meeting of such Cen- tral Board of Main Roads after every annual ~ppointrimlt or election, they shall, by the majority of tlievotes of the members present, elect one of thcir owl body to be &e chairman for the ensuing year; and almn- ally thereafter at a meeting to be holden for such purpose, the said Board shall, in like manner, elect a chairman for the ensuing year; and, in case the cllairman dies, or r e s i p, or ceases to be a member of such Board, or otherwise becomes disqualified to act as such, the members present at the mccting next after the occurrence of such vacancy, sllall choose some other of thcir body to fill such va- cancy; arid the chairn~an so elected s l d l continue in office so long only as the person in whose place he was elected would have beeu entitled to continue chairman; arid if at m y nieetirig of the said Board the clzair~nan be not present, one of tlie merlibers present shall be elected chairman of such meeting hy the majority of the votes of the members present at such meeting.
Manner of voting.	1.5. And be it Enacted, That, at all meetings of the said Board the question there considered shall be decided by the votes of the majority present; arid if there be an equal division of votcs upon an? question, the chairman of such meeting shall, in addition to his
Provieo.	own vote RS member, h v e a secoud or casting vote: Providcd always, that if at any such meeting thcre be a11 cqudity of votcs in the election of the chairman, it shall be decided by lot which of the members, havirig an equal ilumber of votes, shall be the cliairlnan:
Proviso.	Provided also, that at the meeting for the election of' chairman, the chairman going out of office shall, if present a d willing to act, be the chairman of such meeting.

Annualandmonthl~	16. Aid be it Enacted, Tliat the said Board shall, on the eighth day of January in each year, hold an annual mccting a,t a place to be by them appointed; and they shall also hold monthly meetings at least for the transaction of qeiwal business; and the said meetings shall bc 21dd at such pl&es, and on such day or days in each month, as the said Bonrd shall, from time to time, appoint; and when any such appointment is made, tlie clerk s l d give notice thereof to each of the members; and they shall after- wards, until the time or place of sudi meeting is changed, and notice of such change duly given, attend sucli meeting without notice.
meetings.
Rsmuneration to

Board. 17. And be it Enacted, That it shall be lawful for the I,ieutena3nt-

Governor to authorise the payment from the Colonial Revenue of remuneration to the members of the Board, of One Guinea to each member, for the purpose of inducing a regular attendance:

Provided

Provided always, that sucli remuncmtion shall not extend to more than one nieetinq in each month, and provided also, that such rcmunertitiolr shdl only be payqble to those members of the Board, not X~eing salaried officers of the Govcrnnient, who s l d be present at the hour fixed for the commencemeut of tlie business, signing their names in a book to be kept fbr that purpose, and remain till the proceedings are terminated.

18. And be it Enacted, That the said Board may, at any Power to appoint

meeting: from time to time appoint committees for any purposes comrnitteea

which, m tlie opinion of such Board, would be better regulated

and manapd by means of such committee; and they may fix the

quorum of any such committee, and may continue, alter, or dis-

continue such committee.

19. And be it Enactcd, That no proceeding of tlie said Board Acts of Board not to

or of any Committce, shall be invalidated or be illegal, in conse- rewon ofvucunciea

' bo invalidated by

queace, of there being any vacancy in such Board at the time of

such proceeding.

20. And be it Enacted. That all proceedings of the said Board Informalities in

or of a co~nnlittce thereof, or of an? person &ting under the au- ~ ~ ~ ~ ~ ~ ~ $ $ ~ $ O w

thority of the same. shall, notwithstanding it be afterwards dis- ceedings.

coverid that therc &as soke defect in tlleuappointrnent or election

of any such Roard, or person acting as aforesaid, ar some defect or

irre&arity of form merely, be valid and sufficient.

21. And be it Enacted, That the said Board shall cause entries Proceedings to be entered in a book, and

of all the proccetlings thereof, snd of every Committee appointed by signed, be

tlrein. with the naines of the Bilcmbcrs wlio shall attend such receivedase~iden~.

meeting, to be duly made from time to time in books to be provided

for the purpose, wllicli shall be kept by the clerk under the super-

iiltendence of the said Roarcl; and every such entry shall be signed by tlic chairman of the meeting at which the proceedings took place, and such entry so signed shall be received as evidence in all

Courts, and before all Judgca, 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 Members of such Board or Committce respectively, or of the signature of the cliairnian, or of the fact of his having been chairman, all of which

last-mentioned matters shall be until the contrary is Snc,,booka tohopon

proved; and such hooks sllall at all reasonable times be open to to inpccioa

the inspection of any of the Members.

2 2. Prpvided alvays, and be it Enactedi That whenever any day ~ o n a a y to be RP-

by this Act appointed for any purpose, shall in any year happen on a ~ $ :: ,, ~ ~ ~ $ ~ ~ ~

Sunday, Christmas Day, or Good Friday, in every such case, the done on a Sunday, &C.

business so appointed to be done, shall take place on the Monday

following.

23: And be it Enncatcd, That the said Board shall and may, Commissioners to ap-

and they are hereby authorised, subject to the approval of the pint O ~ W @ * & C -

D 2 Governor,

Governor, to appoint fit and proper persons to act as Surveyors on the roads under their care and management respectively; and also so many fit and proper persons as may be necessary to act as clerks, or other officers, at moderate salaries or reiimneration payable out of the moneys received for the purposes of this Act, 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

Proviao.

may die, resign, or discontinue their offices: Provided that every

notified in the South Australian Government Gazette. ' such appointment, being approved by the Governor, shall be

performance of work

Board may entrust

24. And be it Enacted, That when any Main Road s h l l pass discretion, to entrust the maintenance and repair thereof, or the performance of any special work connected therewith, to the Coni- missioners for such District, and in such case, to repay to such Commissioners any sums which they niay have expended in and about such maintenance and repair, in the pcrforniance of such special work as afbresaid.

to District Commis-

ehrough any District, it shall be lawful for the said Board at their

sionera.

Powers to make by-

laws for regulating

25. And be it Enacted, That the said Board may, from time to the purpose of regulating the conduct of their officers and servants, and for the due manqyment of their a6:ajrs, and otherwise carrying the purposes of this Act into execution, and may from time to time, alter or repeal any such by-laws and regula- tions,and make others, provided such by-laws and reg~zlations be not repugnant to the laws of the Province, or to the provisions of this Act; and such by-laws and regulations, sl~all be reduced into writing, and shall be signed by the chairman of the said Board, and shall bc published in the South Austmliaa Governnzerrt GaxetJe.

the aonduct of the of-

time, make such by-laws and regulations as they may think fit, for

ficers, &C., of the

Commissioners.

Finea for breach of

by-lawa

26. And bc it Enacted, That the said Board may, by such by-

laws, impose such reasonable penalties upon all persons whomso-

ever offending against such by-laws or regulations, as the said Board think fit, not exceeding Five Polmds for any one ofence,

and every such penalty shall be recoverable before any two or more

Justices of the Peace in a summary way.

Penalties may l?e mi-

27. And be it Enacted, That it shall be lawful for the Justice before whom any penalty by any such by-law or regulation im- posed may be sought to be recovered, to order a o a t oily of such penalty to be paid if such Justices think fit

tigated.

28. And be it Enacted, That before any person, intrusted

secnrity from all officers to be taken en-

trusted with money. by the said Board with the custody or control of moneys

by virtue of his office, shall enter upon such office, the &id

Board 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 payment of all such moneys, according to the provisions of thk Act.

29. And

29. And be it Enacted, That every officer employed by the ofi cer taking fee%

Board, who shall exact, on account of anything done by virtue ~o,,a, to lo8e his ofloo other than those al-

of his office, or in relation to the matter to be done under this Act, and forfeit £50.

any fee or reward ~vliatsover, other than the salary or allowances

allowed by the said Board, or wl~o s l d l be in anywise coucerlzed or interested i11 any bargdn or contract made By the said Board,

be incapable oi' being nfterwitrds elnlrloyed by the said Board,

and shall forfeit a penalty not exceeding the sum of Fifty Pounds.

30. And be it Enacted, That every officer appointed or officers to account,

enlployed by the said Board under the autllority hereof, shall

from time to t h e, when arld in such manner and form, and

to such person as shall be required by such Board, or by

any by-law thereof, make out and deliver a true and perfect ac- count, in writing, under his lland, of all moneys received by him on behalf of such Board, and such account sllall state how, and

to whom, and for what purpose, such moneys shall have been disposed

of; and, together with such account, such officcr shall deliver the vouchers and receipts for all payments, and every such officer shall pay to such Board or to any pcrson authorised to receive the same, all moneys wliich appcar to be owhg from him upon the balance of such ,zccounts.

31. And be it Enacted, That a11 claims, by or on thc part	Summary recovev
against persons failing

the said Board to any moneys due and owing fi'onl, or to any to account,

vouchers, receipts, papers, writings, property, and effects what-

soever, retained or not duly acconnteci for, by any such officer,

may be heard and determined by any two or more Justices

of tlic Peacc in a summary way, and such Justices may order the

delivery of any account, arid tale payment of any sum of money

appearing due from, and the delivery of any vouchers, receipts,

papers, property and etfects retained or not accounted for by such

officer, or the payment of any sum of money upon the non-de-

livery thereof, and such order shall be enforced in tllc same manner

as a summary conviction by any two or more Justices, and any

moneys, vouchers, receipts, property, and effects, mentioned in any

order, shall, when received or recovered, be paid and delivered to

such Board.

32. And be it Enacted, That if any sucli officer shall, when officers refusing to

ordered by any Justice, as aforesaid, refuse to make out such ,,ivor up dacument8, make out account and

account in writing, or to produce and deliver the several &c.,l?n~becommitted

vouchers and receipts relating thereto, or to deliver up any to pnson.

books, papers or writings, property, effects, matters, or things in his possession or power, belonging to the said Board, it shall be lawfixl for such Justices, at thew discretion, to commit such offender to gaol, therc to rcinain until he shall have made out such account, and delivered up all the vouchers and receipts in his pos- session or power relating to such accounts, and the books, papers, writings, property, effects, matters, and things in his possession or

power, belonging to the mid Board.

33. And

C0mmi8gi0nm

levy tolls.

33. And be it Enacted, That for the maintaining.and improving of District Roads, it shall be lawful for the Com~nissioners for any District, from time to time, to cause such and so illany toll-bars, toll-gates, and toll-homes, to be erected and built in and upou any District Roads, at such places as to the said Commissio~iers shall seem fit, and at their discretion to remove the same; and to direct tolls to be aid at such toll-bars, toll-gates, or toll-houses, for all animals an L! vehicles passing or repassing through such toll-bars or toll-gates, at a rate not exceeding the ratcs in the Schedule hereto annexed, marked A, for each animal and vehicle so passing and repassing as aforesaid; and such rates, from time to tirne, to reduce or raise to any amount not exceeding the rates specified in the said

Proviso.

Schedule: Provided that no toll shall be taken at m y such toll-bar, toll-gate, or toll-house, until the same sllall have been publicly notified in the South Australian Government Gazette at least one month before the same shall be demanded; and that no toll shall be taken or demanded at nriy such toll-bar, toll-gate, or toll-house, until there shall be affixed to such toll-bar, tau-gdte, or toll-house, a board, on which shall bc painted or written in legible characters, the tolls payable at tbe satne respectively, and the mme of the toll- bar, toll-gate, or toll-house.

No be taken, 34. And be it Enacted, That no toll- bar, toll-g~te, or toll-house,

or toll-gate to be set

up, till the road be shall be erected upon any road, and no toll sllslU be demanded or

bytwo Jus-

tices to be in a state

paid at any toll-bar, toll-gate, or toll-honse, upon any road, until it

of repair.

shall be certified to the Governor by two Justices of the I'eace that

Provieo.

such road is in a state of repair: Provided that, in case any such road shall become ruinous and out of repair, and the same &~ll he certified to the Governor by two Justices of the Peace, and it shall appear that the tolls collected upon such road shall be insufficicut for the repair and mai.nteilalzce thereof, the Comniissioncrs shall, by order published in the South Australian Goaernment Gnzette, dircct from time to time, as occasion may require, that the tolls theretofore taken upon the said road shall ccasc until tlle said road shall be put into repair, and thereupon the: said road ~11~11 be repaired and

maintained from the moneys otherwise applicable for that purpose.

Exemption Rom toI1.

35. And be it Enacted, That no toll shdl be demanded or taken,

by virtue of this Act, of' or from the surveyor of any District when

engaged in executing, or proceeding to execute, within the limits of his own District, the powers of this Act; or for any horse, beast, or cattle, or carriage, employed in carrying or conveyi~~g, having been employed only in carrying or conveying on the same day, any dung, soil, compost, or manure, or lime for iniproving lands, or any ploughs, harrows, or implements of husbandry, unlcss 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 pasture 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 mow tban two miles on the road on which the exemption &all he

chimed

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 returniug from his usual place of religious worship on Sulltlays; or of or from ally person in respect of any hearse, or of any horse or other beast or vehicle in or on which i ~ e may be p i n k to or returning fiom the f ~ ~ a e m l of any person; or from any Miulster of any stated aud lmown religious congregation going to or retnrtiiug from visitinq any sick person; or for any horses or other beasts or carriages of wliatever description, enrployed, or to hc c~llplovw!,

solely in conveying the mails of letters and expresses, under the authority of the l'ogt~nast~er-General of this Province, either when enlployed in conveying, fetching, or guarding such mails or expreflses, or in returning from conveying or guarding the same; or for the horses of any officers, or soldiers, or police, on their mwdl or on dutv; or for any horse or other beast, or any cart, waggon, or

carriage of any description employed in carrying or e o ~ l v e ~ h ~ ~, or

returning empty from carrying or conveying, having been employed only in carryinq or conveying the arms or ba&gaRge of any such offikers or soldit&, or police; or employed in c n m y q or conveying, or returning en1pt.y from having been employed only in carryiag or conveyiug any sick, wounded, or dis,zhlcd officers or soldiers, or police; or for any horses, cattle, or other beasts, or carriages what- soever, which shall only cross any road, or shall not pass - above oue hundred yards thereon.

36. And be it Enacted, Tlrat any person who shall, by any Penalty fimfiaudo-

frnurluleut or collusive means whatsoever, claim or take tlte benefit ~	~	~	f	~	~	~	~	m	&	~	&
of any exemption from toll under this Act, shall for every such offen&, forfeit and pay any sum not exceeding Five Pounds, and in all cases the proof of exemption shall be upou the person claiming the same.

37. And he it Enacted, That in all carriages wherein oxen or neat Neat wtla

cattle slrall he used, two oxen or neat cattle shall be considered as

one horsc for all purposes mentioned in this Act.

38. And be it Enacted, That if any person suljject or liable to the In case of rehs~1 to

ply, toll-collectore

payment of any toll by 'Virtue of this Act, sh:111, after rlen~atld mayseize auddlsrrain

thereof made, neglect or refuse to pay the satlie or any p.r t thereof; f ~ t ~ l L

it shall be lawful for the perso~ls authorised or appointed to collect

such tolls by themsdves, or taking such assistarlce as they shall

think necessary, to seize and distrain any horse, benst, cattle, carriage, L or other thing upon or in respect of which m y such toll is imposed, together with their respective bridles, s:ddlcs, gears, harness, or accoutrements, except the bridlcs or reins of auy horse

or other beast separate from the horse or beast, or any carriage in

respect of the horses or cattle drawing the carriage on wlrich such toll is imposed, or any of the goods or chttels of the person so neglecting or refusing to pay; and if the toll, or m y part thyreof, ao neslected or refused to be paid, and the reasonable charges of

ruch seizure and distress, shall not be paid witLiu the space of fbur

E 2 day8

days next after such seizure and distress made, the person so seizing and distraining, may sell the horse, beast, cattle, 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, and sale shall be deducted..

Dispntes to be eettled	39. And be it Enacted, That if any dispute shall happen or arise about the amount of the tolls due, or the charges of making, keeping, or selling any distress made for non-payment of any tolls, it shall be lawful for the collector, or the person distrai~iing, 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 him for that purpose, shall examine thc matter on thc oath of' the parties or other witness or witnesses, which oath such Justice is hereby authorized and empowered to administer, and shall determiue the amount of the tolls due, and shall award suck costs and charges to either party as to the said Justice shall appear right and proper; aU which costs and charges shall and may be levied anit rccovercd, in case of non-payment thereof forthwith, by distress and sale of the goods and chattels of the person or persons so awarded or directed
by one Justice.
$0 pay the same, by warrant under the hand and seal of such
Justice, rendering the overplus (if any), upou demand, after deducting the costs and charges of rimking such distress and sale, to the person or persons whose goods and chattels shall have been
Proriso.	so distrained and sold: Provided that no person shall be required to attend before any Justice touching any of the matters aforesaid, which Just,ice shall reside beyond seven milcs from the place where such distress shall be made.

~ e n ~ l t i c s irn~osed in 40. And be it Enacted. That if anv person shall with anv horse. d L .l

certain ctlscdof

cattle, beast, or carriage, go off or pass from any road, through, or

cvi~sion of payment

of toll. over, any land or ground near or adjoining thereto, not being a ~ u b l i c road or hi~hwav. and such nerson not being the owner U U

'or occupier, or servant, & 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 Act; or if m y o m e r or occupier of any such land or ground, shall knowiirgly and willingly permit 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 frauduently or forcibly pass through any such toll-bar or toll-gate with any horse, cattle, Beast, or carriage whatsoever, 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 toll-gate, shall afterwards add or put my horse or other beast to any such carriage, and draw

therewith

therewith upon any part of any road so ns to increase the number of horses or other beasts drawing the said carriage, after the same sllall have passed through any toll-bar or toll-gate, whereby the pyment of all or any of the tolls shall or may be evaded; or if any persol1 shall do any other act wliatsoever in order or wit11 inteilt to evnde the payment of all or any of the tolls, and wliereby the sniue $hall bc evaded, every such person shall, for every such offence, for- feit and pay any sum not exceeding Five Pounds.

41. And be it Enacted, That evcry toll-collector shall place or	Cdlectnrs to have
t l~o i r r~itrncs p:lirltad

cause to be placed on some conspicuous parts of' the fronts of the	oil front uf'toll-house.
several toll-houses or toll-bars at which t h y sl~all he respectively st&med, and so that the same shall appear to public view, their Christian and surnames, painted in black on a board with a white youud, each of the letters of such names to be at least two inches in length and of s breadth in proportion, and which board shall Le and remain at s~zch toll-house, toll-gate, or toll-bar, during the whole
of the time that the person whose name shall be expressed thereon
shall be on duty thereat, and evcry such collector shall place or
cause to be placed on the front of tlie toll-house, toll-bar, or toll- gate at which such Collector shall be stwtioaed, the board con- tainirlg the list of tolls hereinbefore directed to be affixed to the
same respecti~ely, which board sllall also contain the name of the
gate, toll-bar, or toll-house, to which the same shall be affixed, as well as the list of the tolls payable at such @te wl~cra such collector shall be stationed as afores;tid; and if m y collector of the said tolls shall not place such boards respectively as aforesaid, and
keep the same there during the time he shall bc such collcctor as
aforesaid, or shall refuse to permit or suffer any person to rend, or shall in anywise hinder any person from reading the inscriptions on such boards respectively; or s l ~ d refuse to +ell his Christian and suruame to any person who shall demand the same, on being paid
the said tolls or any of them, or shall in answer to such demand give a false name, or, upon the legal toll being paid or tendered,
fillall unnecessarily detain or wilfully obstruct, hinder, or prevent	any passenger from passing through any toll-bar or toll-gate, or	shall make use of any scurrilous or abusive language-to any
traveller or passengy then and in every such case every such toll-
collector shall forfelt and pay ally sum not exceeding Five Pounds
for every such offence.
42. And be it Enacted, That if anv collector or other Derson a~nointed	Toll-collectors p i l t ~
of misconduct to be

to collect the tolls on anfroad, shall allow ttnv >onch.

I fined.

waggon, dray, cart, or other carriaie of whatever descri$tion, o i any horse, beast, or other cattle liable to pay toll, to pass through

any toll-bar or toll-gate, without payiug the toll payable thereat, or

shall demand and t&e a greater. or less toll from any person than he shall br: authorized to do by virtue of this Act, or of any order or direction made in pursuance thereof, or shall demand and take

toll from any person who shall be exempt from the payment thereof,

and who shall claim such exemption, or shall refuse to permit or

suffer

suffer any person to read, or shall in mywise hinder any person from reading the inscriptions on such toll-boards as afbwsaid, or shall ref'llse to tell his Christiaii and surnnnic to any pcrbori n llo shall demand the same, on being paid the said tolls or R L I ~ ot tileill,

or shall in answer to such demand give a fialse name, or* upoil tile

legal toll being paid or tendered shall unnecessarily cletaill or

wilfully olw,truct, hinder, or prevent any passenger froill l):wsi~l~

through any toll-bar or toll-gate, or sliall mike use of any s c ~ ~ r r i l t r ~ ~

or ahusive language to any Coninlissiouer or surveyor of the ~iistrict

in which such toll-bar, toll-gate, or toll-ho~zse is sit~zate, or to

ally traveller or passenger, or sliall be guilty of any other nliscoli- duct in his office, then and in every such case, every S L Z C ~ ~ toll-col. lector or other person, on convictiou, fbr every such oEeiice, sllall forfeit and pay a penalty not exceeding Five I-'ouuds.

Collertors not

accounting for toll. 43. And he it Enacted, That if any collcctor of tolls upon any

to pay a perldty of road sl~all neq-lect or tbef~zse to account for and pay over tt) t. iu

-&BU. pcwon authorikd td receive the sanre, upon demakl, the n l ~ t; i ~ y

collected and paid at any toll-bar, toll-gate, or toll-house :it ilic11

he shall be stationed a s collector, cvcry such collector sl~all, fbr every such offence, forfeit and pay a penalty not cxcccding Fif'ty Pounds,

Toll-collectors rlis-	44. And be it Enacted, That if any toll-collector wl~a	s l d l be
charged and rcfi~sing

tu give up tt,ll llouseq discharged from his ofice hy such ('otiimissioners, or otl~cr lier=,-;on

' l e ejcctcd

Wdlrtrllt.

in that behalf authorized by such Conmmissioners, s11,zll rcfuse to

deliwr up the possession of the house, buildings, and a p p u r t t ~ i ~ ~ ~ ~ ~ s

wllich he enjoyed in right of his appointment to that ulfice, x i t l i i u

two days aficr notice of his discharge shall be given to l i i m or left

at his house, or if the wife or family of m y such toll-collcctor who shall die, as aforesaid, shall refuse to deliver up the 1)ossession of such bousc, building, and appnrtenances, within four days ;rfter lam- ful demand for that purpose slid1 be made, then and ill eit11c.r of the said cases, it shall and Inay be lawful for any Justice of thc I'cacc, upon proof of any such refusal as aforesaid, by warrant undcr his

hand and seal, to order a constable, or otlier peace officer, with such assistance as shall be necessary, to enter such house and prenlises

in the day timc, and to rrnlovc the persons v h o shall be ftmd tl~erein, together with their goods, out of such liouse, and to give possession of such house a i d premises to the surveyor, or such person as by him, or by the Commissio~lers, shall be appointed to take possession thereof.

Power to

45. And be it Enacted, That it shall be lawfbl for the said Come missioners, at a public meeting, to let to farm the tolls of the several gates that may be erected upon the roads under their superintendence respectively, after causing notice to be given of the time and place for letting the same, at least fourteen days before the day to be appointed for that purpose, by affixin5 such notice upon a11 the toll-gates on the said road, and by insertion at

bast ouw in the $outh Australian Government Gazette, and spe-

cifying

cifying that such tolls will be let by auction to the best bidder, on his producins sufficient sureties for payment of thc sum offered, in t e r m 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 bc exposed to be let by auction during the outrunning of a half-hour glass, and the last bidder at the out- running of the said glass shall be declared the farmer or renter of the said tolls, and shall forthwith enter into a proper agreement for the taking thereof, and paying the money at the time specified in ~ n c h notice, with such surety or sureties for payment thereof, and under such conditions, and in such manner, as the said Commissioiiers shall think fit, and if the person being the highest bidder shall not forthwith enter into such ayeement, it shall and may be lawful to pot up the said tolls again unmediately for another bidder, and in iike nralrner to continne putting up the smue until a bidder shall be found who sllall enter into such agreement; and in case no bidder shall offkr, or in case the same shall not be let at such auction, it shall be lawful for the said Conimissioners to accept a privatc tender for the same, and to demise or let to farm, or agree to demise or to let to fidrrn, all or any of such tolls, at the highest rent that can be obtained therefor? or the said Conunissioners may fix some future day for the letting thereof, as they shall juclge 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 autllorized by this Act, he shall, on conviction, for every such orence forfeit and pay a penalty of Five Pounds, and the said agreements for renting the tolls shall, if the Columissioners think fit to vacate the same, become null and void: Provided always, Proviso.

that at all such lettings, the said Commissioners shall be entitled to bid for the tolls so to be let, either by themselves or their clerk, or any other person by them respectively authorized: Provided also, Proviso.

that no such tolls shall be demised or leased for any longer term

than one year at one time.

shall bc demisecl or let to farm to any person, and the lessee or lessee of tolls. 46. And be it Enacted, That in case all or any of the said tolls ro\vcr to remove

furrner thereof sliall neglect or refuse to perform the terns and conditions on which the same shall be demiscd or let, or in case the rent agreed to be paid by such lessee or farmer shall be in arrear by the space of fourteen days next after any of the days on which the same ought to be paid pursuant to the agreement for letting to farm thereof, or in case any such lease or agreement sliall 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 such assistance a s may bc necessary, to enter upon and take pos- session of such toll-house or toll-gate, toll-bar and the buildings and appurtenances thereto belonging, and to remove and put out such lcssee 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 toll-house or other

F 2 buildings

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 persons authorized, acting by or under their authority, into the possession thereof, and thereupon it shall be lawful fbr the said Commissioners, if they sha'll think fit to vacate and de- termine the contract or agreement (if any) for deinising or letting the said tolls to such f p e r or lessee, and the same shall be from that time utterly voict'to a11 intents and purposes (save as to the covenants or agreements for payment up to that time of the rents $hereby reserved, or other covenants or agreements on the lessees' part which shall have been holden), as if such demise or agree- ments had never been maze, and it shall be lawful for the said Commissioners, in every such case, to demise or let to farm the said tolls again to any other person, or cause them to be collected as if no former demise, contract, or agreement had been made relative thereto, any rule of law or right to the coutrary notwithstandiug.

to new be@ven lines, of or 47, And be it Enacted, That whensoever the said Commissiouers

J m''"	intended
alterutiolls of existing respectively shall deem it necessary or expedient to open and make a

lines of road. new road, or to alter the line of any existing road, such Commissioners

2 4+

/' shall cause a survey map and plan, describing the exact course and

sr l 4 .,"l bearings and admeasurements thereof, and through what lands the

-

/

C 22 same is proposed to pass, aud also a book of reference, in which

2 'A?--*?- 3.d /-

--

hall be entered the names of the owners and occupiers of such

'

7	---f7 4	. :and,	so far as known, and the description of the land, and of the enclosures, if any, and the quantity of such land; and also an es- timate of i h ~ ex&ase of tbebiork "to be deposited in the office of the Surveyor-General, at Adelaide, and a notice to be published, by advertisement, in the South Australian Government Gazette, de- scribing generally the same particulars, and referring to such maps, plans, book of reference, and estimates, to be seen in the said Surveyor- General's office, and calling upon all persons aff'ected to set forth in writing, addressed to such Commissioners, or their clerk, within forty days from the first publication of such notice, any objections to such new road, or alteration, or new work; and such maps, plans,	book of reference, and estimate shall be open to impection at all	convenient times, for public information from the publication of
the said notice; and a copy of such Gazette shall within three days of ublication thereof be forwarded to every person whose
name sha P l be so entered as aforesaid as owner or occupier of any such land.

Pemons affected by

,/'-- inte~ded alterntions 48. And be it Enacted, That at the next meeting of such Corn-

of roads to appear

and attieet at next	missionera to be held after the expiration of such forty days as afore-
meeting of Commia-	said, it shall be competent for any person who shall be affected
siongrs after notice
expires.	by any such proposed new road, or alteration, and who shall
have set forth in writing his objections as aforesaid, to appear before the said Comn~issioners, and be heard in support of such objections.

49. And

49, And be it Enacted, That if, after the egiration of such term,

Commissioners map,

notwlthstanding,order

2,nd the due coirsideration of all s u c h w n s setforth as aforesaid

-- -

the road to be made,

(if any), it shall nevertheless appear to the said Commissioners re-	or altered, subjcct to the confirnuition of
spectively necessary or expedient to proceed with the work, either	the Governor.
in whole or in part, such Coinmissioners shall make an order there- upon, directing such new road, or alte*ation of rond, or such
B

part thereof as they may deem expedient, e execoted according

to such plans and estimates as aforesaid, an k, all cause such order	to be transmitted along with such written objections (if any), for
the consideration of the Governor; and it shall be lawful for the Govwnor, if he shall see fit, to confirmpch ordm by notice pub- lished in the South Australian Government Ga,r~t&

' \

50, And be it Enacted, That if any proprietor or aiccupier of any	Proprietor8 or oc .
cupiers aggrievcd,mny

land (not being waste lands of the Crown), in the &&a1 grant claim compensation.

whereof no power of makii roads has been reserved, through which

my such road as aforesai is to + e made, s h a l ~ i m s e l f aggrieved	thereby, it shall be lawful for such proprietor or occupier, or his agent
lawfully authorised to serve a notice, in writing, on the said Corn- missioners, within ei&tgen_xnontbs from the date of the Gazette in
which such -Gotice of' the confirmation of such order shall have
been published, as aforesaid, setting forth that --- no - right of makin
roads has been reserved bythe Aed _of grac. ali -- ___ e zt e ail
p a r % ~ ~ r s of such grant, and also specifying the exact par-t
the said hn'd referred to; and that he claims compensation for i damages for the portion of the said land so requir6d for making
the said intended rond; and in default of such .notice being served within the time and in the manner aforesaid, the proprietor and occu- pier of such land, and all persons claiming by, through, from, or under them, shall be for ever foreclosed and shut out from any benefit or claim whatsoever to any compensation for any portion of land required for such road,

5 1. And bc it Enacted, That for all purposes relative to the %c- "Imds Clauses Con-

quisition of lands required for works undertaken under the authority solidation Act '' to be

hereof, and to the compensation to bemade for the same, the L'Lands Clauses Consolidation Act" shall be deemed to be incorporated with

this Act, and shall be construed together herewith as forming one	,
Act.

52. And be it Enacted, That after such confirmation of any such cunfirmation After making of and order,

order by the Governor, by notice publis~ehin the South Australian ~urrsyor may enter

Government Gazette as aforesaid, and of which confirmation such no-	"d	make
tice shall be sufficient evidence, the said Commissioners respectively tnd all parties acting under the authority thereof, may enter upon any land specified in such plans and books of reference, and define and make the line of road, or alteration, of which notice shall have been so given ss aforesaid; and such line of road, or alteration, when defined, shall be a road or part of a road, for all	ofroad,

purposes of this ~ c x - e e d, thi-cases w lere -F--' by defined, to a plur or

the authority of sue% Commissiwers, any fencing is removed a road.

for

Temporay

be put np in certain	for the purpose of executing any work, the land from which the
ewes.	fence has been so removed, shall be protected by a temporary fence, which such Commissioners shall cause to be made and continued during the progress of such work.

C h a i n land not to 53.

Provided always, and be it further Enacted, That nothing in this Act contained sh&"authorise

taken for or empower such Comn~issiouer~

respectively to take or make use of, or tobrder or direct any road or h i g h a y to be made in or through any garden, yard, or any park, planted walk, or avenue to a house, or any enclosed ground ylautcd as an ornament, y,r shelter to a house, or planted ard set apart as a

S,, or, any part thereof respective1 y, without the coil-

sent of the o	and occupier thereof in writing first hall and ob-
tained.

to be disposed of.

of new works, to make an

and	c e a s e - a z
and uyou such

order teing c-by the Governor, by notice published as afore-

said, such ~-cr%%ha'lZ-chan e, or otherwise clispose

of the said land pursuant to such or r-% er; an it shall be limwful for

the Governor to make and issue to the person a c c ( u i r i ~ i & x a d,

a z e d of g r a n t m v e y a n c e of such rand, whi& shau be d i d m d

I	s u ~ e ~ ~ e ~ i i i - ~ c ~ e ~ t l ~ e terest as by such conveyance shall be expressed or declared; allcl --P said land for such estde F in-
the purchase-money, after deducting the necessary expenses if any,
shall be paid - to such Commissioners for the purposes of this Act.

.LL--' __C -

m e r s of land ad- 55. Aud be it Enacted, That whenever the owner or owners of

joining onnecessary the lands adjoining upon a district road which shall not be required

roads may give notice iorvnded wplca- for the use of the public shall be desirous of stopping or diverting

tion to stop m e. the same road, it shall be lawful for such owner or owners to give

. notice of his or their intention to apply to two Justices of the Pence, on a day and at a place to be tlhrein named, and which day sliall be not less than six weeks nor more than eight weeks from the giving of such notice, for an order for the stopping up or diverting

i	of such road, and shall deliver a copy of the same notice to the Surveyor of Roads of the district within which such road sha,ll be situate, or, if no district shall have been constituted, then to the Surveyor-General of the said Province, and shall, at the same time, cause a copy of such notice to be published for four succes&v~
weeks in the South Australian Government Gazette, and one news-
paper at least published in the City of Adelaide; and every such

notice

nofice shall state the course, bearing, aad boundaries, and also the termini, of every road SO proposed to be stopped or diverted, and of the road, if a n i proposed, to bc substituted in the place thereof; ancl such owner or owners shall, at the same time, cause a survey map or plan of the road so proposed to be stopped or di~erted, and of any road proposed to be substituted for the same, to bc deposited with such Surveyor of Roads or Surveyor4enera1, as the case may be, at tlic time of giving such notice as aforesaid, and such map or plan s l i d be open to public ilispectiou at all times from the pub- lication of such uotice.

5 6. Arid be it Enacted, That after the giving a id publishing of such Justices may order to

notice as at'ores~id, it s l d be lawful for any two, ox more Justices	stop unuecessary
of the Peace for the said Province, at a rneeting to be held at the
time and place imntioned in such notice, to hear and determine tlle matter of such notice, and upon proof duly inadc to them, that any such road proposed to be stopped is unnecessary for the use of the public, or tkat any new road proposed to be substituted is nearer and more co~ninodiorrs for the public, to make an order for the stop- pixlg of arry road rrrelitioned in such notice, or of any part thereof, and for the making of such substituted road, and from and after the niakiiig of such order, the road or part uf road therein directed to bc stopped, shall cease to be a road: Provided, that it shall be lawful for any peyson interested in the maintename of such road to appeal against any order for the stopping thereof, in the like imtnner and upon the like terms a id colditions as are provitled in a11 cases where Justices are authorized to hear and determine any matter in a summary way: Arid provided also, that if any substi- tuted road shall be by any such order directed to be made, the road so ordered to be stopped or diverted shall not be so stopped or diverted until such substituted road shall be certified to be in a fit st,ate for pu1)lic use by the Surveyor of Koads for the District, or '

Surveyor-General, as the case may be. b

57. And be it Enacted, That in the event of any road being so owners of adjoining land Inay purchase

ordered to be stopped as aforeGid, it shall be lawful for the owner ,	as	,	,	&C.,	stoppd
or owners of the adjoining lands if they shall think fit, after the
expiration of the time limited for appealing against any such order,

to acquire the same road or such part thereof as may adjoin their	)'f,kd
lands respectively, either in exchange at such price as may be

b c d by such Surveyor of Roa s or Surveyor-General, or in the .7

event of any difference by alt ration as provided in the "Lands p P ---

Clauses Consolidation Act ;'Fand it shall be lawful for the m- tenantmGovernor to make and issue to the person acquiring such land adeedof grant, or conveyance thereof, which shall be valid to vest in such person the said land for such estate or interest as by such con- veyance 8h'd be expressed or declared, and the purchase-money, after deducting. the necessary expenses, if any, shall be paid to the District Councd, if any, of the district, and if not, then to the said Board for the purposes of this Act.

G z 58. ' And

Width of roads.	58. And be it Enacted, That tlre main roads shall be in d l places not lesa than sixty feet in width, including footpaths, and exclusive of any bank, ditch, or fence, on either side thereof; and that tlie district roads shall be (according to the direction of die Cumuiis- sioners in each particular case) of the width of not less than thirty feet within the fences, including footpaths,
H.0ad property vested
in Commissionera	59. And bo it Enacted, That the right, interest, and property of and in all the lamps, direction-boards, mile-stones, posts, rails, walls! fences, and other erections and bui1rling.s erected in pursuance of this Act, or of the said repealed Act, with the appurtenances respectively thereunto belonging on the several roads, and the materials of which the same shall consist, and a11 materids, tools, and implerneuts wliicl-r shall bc provided for such roads, allcl the scrapin& of such roads, and the timber growing thereupon, shall be vested in the Commissiol~ers havmg-e - care and mdnagernent thereof r e s p e c t i v m until the appointment and election of' such
h

Commissioners, shall be vested in the Conrmissioners of Crown

. - - W _ - - -I-~/--,

Lands for the time being.

I

-

60. And be it Enacted, That it shall he lawful for such Corn- nlissioners in and upon the Roads under their care and management, to erect, and cause to be erected, placed, and put up, such and so many lamps, la,n~p-posts, bars, direction-boards, mile-stcpes, posts, rails, walls, and fences? and other things as any such Commis- sioners may judge necessary or expedient.

Powertoputuplamp-	posts, mile-stones, &C.
Wilful destruction of
road property a mia- 61. -4nd be it Enacted, That if any person shall knowingly and wilfully dig up, break, or pull down, spoil, destroy, injure, or damage aGy lamps, bars, direction-boards, mile-stones, posts, rails, walls, fences, or any culvert, covered drain, or other work for the sustcntation of any road, made, erected, or put up by any such Commissioners, he shall be guilty of a misdemenno;,
demeanor.

and shall be punished by fine and imprisonment, at the discretion

of the Court before which such person slinll be tried.

Uncultivated land 62. And be it Enacted, That it shall be lawful for the said Commis-

may be made use of	as temporury road sioners respectively, and for every person acting under their orders to
daring repair of road. make use of any uncultivated land for the purpose of' constmcting a Proviso. temporary road while any road is undergoing repair: Provided

always, that such temporary road s l i d be fenced in, or otherwise so secured as to afford to the person through whose land the same

may pass, an equal protection against trespass as was possessed by

such person previously to tlie construction thereof.

Altered lines of road

to be fenced in certain 63, And be it Enacted, That in all cases where an alteration in

CIL6CS.	a road is made through lands previously fenced, such lztilds shall be, with a substantial fence, fenced on both sides of the road before such road is opened for public use.
Power of entry on

adjoining land to con-	64. And be it Enacted, That it shall and may be lawful for any
tarnet C.IW.I.

drains, and execute person acting under the authority of any such Commissioners re-

repairs and rtltemtiona. spec tively,

spectively, with all necessary cattle and carriages, to enter upon

land adjoinin,rr any road under the care and management of such

Commissioners, for the purpose of corlstructing or repairing any drains, or culverts, or perfbrming any repairs that may be required to the road, and for the purpose of trncir~g out or n~aking any sl- tcrtttion of t,he line of a road,

65. And be it Enacted, That it sMl and may bc Iawful for every in ~atcri:tls what manner wllere, to and be

person actingundcr any such authority aslast aforesaid, to enter in and ,,h,

upon any waste or unenclosed land, or anv river, or creek whereon, or 1"

wherein atones, gravel, sand, or other-are likely to be found, J

niiirthere to-searcli for, gather, &g, get, ZaThd carry away so much of	\,
the same as m F b e reqmrXfor file repair ot any r o d, so that such	/
person dot11 not thereby divert or interrupt the course of any such
river or creek, or prejudice, or damage any building, road, or ford, or	f

the bank of any sueh river or creek, nor dig, nor gct th; same

materials out of any river or creek w E n - t k e e - i E s ~ e - of one

-- _C7_ ----- .. --

llundred and fifty feet' from any bridge, dam, or war. " - - -- .--- .--

66. And be it Enacted, That it shall be lawful for any person Ifs~lficientlnater~ala cannot be found in

acting under such authority as aforesaid, if suficicnt niaterials Inn&, &C., may

cannot be had conveniently within any such waste or unenclosed closed b C taken lands from or m-

lands, rivers, or creeks, and such materials can or may be procured gmunh, making

in or upon any &dosed lands or grounds (such lands or grounds tisfactiontO Ownerse

uot being a garden, yard, avenue to rl. house, lawn, park, paddock,

or enclosed plantation, or wood, not exceeding one hundred acres in extent) lying near to the road for which such materials shall be

required, to give fourteen days' notice of the intention of such Corn. niissioners to enter upon such enclosed land, in order to search for,

dig, and carry away such materials, and to cause such notice

to be left at the usual or last known place of abode of the owner

of such land, or his agent if known, and also of the occupier of

such land, which notice shdl express the quantity and nature of the matcrials proposed to be taken, and the precise place from

which it is proposed to take the same, and if within such pcriod	of fourteen days such owner, agent, or occupier shall give notice
to such Commissioners, or to their Clerk of any objection to the
entry upon such land, and taking such materials, then such objec- hion shall be heard and decided before and by any two Justices
of the Pewe or Special Ma~istrate at a time and place to be ap-
pointed by such Justices or Magistrate, and whereof four Clays' notice at the least shall be given; and if no such objection shall
be made, or if the same shall be overruled by such Justices or Special
Magistrate, then it shall be lawful for any person so mting under

;he authority of the said Commissioners to enter upon such laud

md to take and carry sway so much of the said materials as shall be

lecessary to be employed in the amendment of the said roads, or ss nay be authorized by such Justices or Special Magistrate: Provided, hat it shall be lawful for sueh Justices, or Special Magistrate, if bey or he shall overrule any objection as aforesaid, to direct hat a compensation shall be paid to such owner or occupier for

the

the value of any materials so to be taken and carried away, and for any damages to be occasioned to any lands to he entered as aforesaid, and to fix the amount of such compensation, a i ~ d any money so ordered to be paid by way of conipemation shall be payable and paid by such Commissioners out of any funds which may come to their hands applicable to the purposes of this Act,

Co~npo~~sation may

he mvarded t11011g.h	67. And be it Enacted, That it shall be lawful for any owner or occupier of such enclosed lands or grouids, who may have omitted i o give such notice of any objecti6n as hireinbefore lastly provided, and also for the owner of any waste and ulienclosed ground, at any time within six calendar months '0x1 any such entry upon any enclosed lands or grouuds, to claim conlpensatiou for any loss or damage occasioned thereby; and such claim shall be heard and determined by any two or more Justices iu a sum- mary way, and such Justices may avard coii~pensation for any damage occasioned to such owner or occupier by such entry nrtd rcrnovnl of milterials, and such compensation, khen so awarded, shall be paid by the said Cormnissioners out of any moneys which
no ol?jection made.
may come to their hands applicable to the purposes of this Act.

nt8 Or ltoles

getting rnaterialv dial1 68. And be it Enact~ed, That if any person acting lrnder mcll

he f i i i~d up, or sloped authority as aforesaid, shall, by reason of s e a r c h i ~ ~ for, digging, or

~ U W K I, and fenced off: gettiDg a 1 S f or repairing any roads, make any pit or hole in

any waste or unenclosed lands, rivers, or brooks, as aforesaid, wherein such materials sllall be found, he shall forthwith cause the salve to be ~uEcient1;y ferlcect off, and such fence to be supported and re- paired during such time as the said pit or hole shall continue open; and where no materials shall be found, shall cause such pit or lrole to be forthwith filled up, levelled, and covered with turf or clod, wl~ich

was dug out of the same; and where any materials shall bc found, shall, within fourteen days after 'having dug up sufficient materials in such pit or hole, cause the same to be filled up, or sloped clown, and

Yenaltp on S.wvepor fenced off, if required, by the owner of the land or ground, and so

forneglect lierein.	continued; and in case such person shall neglect to fill up, slope down, or fence off such pit or hole in manner and within thc time aforesaid, it shall be lawf~d for any two Justices of the Peace, upon due proof before them, to order tlmt such pit or hole shall be filled up, fenced, or sloped down; and that the expenses thereby occasioned, and the costs of and attending any such order shall be paid by the said Comn~issioners respectively, under whose authority any such person shall be acting; and such Commissioners shall forthwith pay the same out of any moneys which may come to their hands applicable to the purposes of this Act.
Pcrsons damaging
bridges or works, by	69. And be it Enacted, That if any person acting under such materials for the roads, whereby any bridge, mill, building, dam, road, ford, mine, or other works may be damaged or endangered, be shall fbrfcit, for every such offence on conviction, any sum not exceeding Five Pounds, at the discretion of the Justices before
digging materials, to
forfeit not exceeding	authority, as aforesaid, shall knowingly dig, or cause to be dug,
f 5.

whom

whonl the complaint thereof shall he made, notwitl~stitnding his liability to any civil action to w l k l ~ he may nlalie himself liable by such act.

70. And be it Ihmcted, That if any person acting under such authority as aforesaid, sliall lay, or cause to be laid any heap of	Penalty for danger at
night.
stones, or ally other matter or thing whatsoever upon any road, and allow the same to remain them at ni~li t, to the danger or to the personal cttirnage of any person passing thereon all due and reasonable precaution not llavirg beell takeu to guard against the same, EK s l d l forfeit, for every such oi5ence, any sum not ex- ceediilg Five t'ouuds.

71. And he it Enacted, That if any person shall takc away my	Penalty for taking
away materials col-

nlnterials wl~icll s11;~Il have been gotten, dug, or gathered for the	lected for rod.
repair or use of ally r o d, or shall dig, get, or raise apny materials
out of :my pit, hole, or quarry, which shall have been made, dug, or. opened for tlie purpose of getting n~aterinls for the s:me before
the persoli 11:iviil.g the care and innnageinent of such road, and tlie m d m c n employed for ~ e t t i n g socl;nlntcrials, shall lmre discon- tinned working illerein for the spzce of oile uiontlr; except, in the last meiltionc4 cnsc, t l ~ e owner or occupier of the land upon which such quarry sliall be made, and persons authorised by him to get materials fbr ilis own private use, and imt for side, every person so ofirding slltlll, for every such off'ence, foifeit a i~d pay any suiu not

exccedii~g Five I'ounds.

72. h t l be it Enacted, 1'11at it sl~wll bc lnwfd for any person autliorized bv the said C'onlinissioncrs resnectivclv in that behalf. to	Powers to remove nn-
noyances to routla,

d I I/

remove and prevei~t a11 annoyances 011 any part of the district roads of

any district, by filth, dung, &hm, n~hbish;or any other matter or thing whatsoever being laid or thrown upon any ro&, and to dispose of the same for tlle benefit of such Conuniasioners in case the owner thereof shall ncglcct to reinovc the same within twelve hours after notice, in writing, given to such owner, or, in cnsc the owner is not known, then

after a like notice, affixed for three days on some couspicuous place

on the property, and to tun1 any watercwurses, sinks, or drains

n m n i n ~ into, or along, or out of anv road, or any part thereof, to

watercourses or ditclleu adjoiiring- any road, and make tlle same as the prejudice of the same, and to makk, open, scour, and cleanse any j

deep and large a,s nucl1 p&son shall think proper and noceasnry, in \

case the owner or occupier of the adjoining land shall neglect to	i
make, open, scour, or cleanse such watercourses or ditches after seven	i

days' notice, in writing, given to either of them for that purpose,

and the charges thereof, and of removing any annoyances, and of 1

making or turning any watercourse, sink, or drain, as aforesaid,

shall and may be settled by any Justice of the Peace, and such

charges shall be re-imbursed to such Commissioners and may be

recovered in a summary way in like manner as any penalties under

this Act; aud if, after the removal of any such annoyances, any

person shdl again offend in like manner every such person shall,

for every such offence, forfeit and pay a penalty not exceedin

Five Pounds. 73. h 9

EB

Power to remove all buildings and fences 73. And be it Enacted, That if any person sl~all make, or cause whichobstructbreadth to be made, any dwelling-house or other buildings, or any hedge

ofroad. and penalties or ot lm fence on, or at the sides of any r o d, now existing

for injuries to road. or hereafter to be constructed, in such manner as to reduce the

breadtl.1 or confine the limits thereof; or s l d l fill up, or 01)struct any ditch at the side tliereof; or sliall make any dmin, gutter, sink, or watercourse across, or otherwise break lip or injure any such road, or any part thereof; or shall, in any manner whatsoever, obstruct the free use of any such road, every such person so off'end- ing shall forfeit and pay, for every such off'ence, n sum not exceed- ing Twenty Pounds: And it shall be lawful for the said Coinrnissioners respectively, to cause such dwelling-house or other building, hedge, ditch, or fence, drain, sink, watercouuse, gutter, or otlicr encroachment or obstruction to be taken down or filled up, and the expense of taking down, filling up, or clearing such dwelling-house or other building, hedges, ditches, d~wins, sinks, watercourses, gutters, or other en-

'C	croachments or obstructions as aforesaid, may be recovered from the person making or causing such obstructioil before any two Justices of the Peace it1 a surnrl~ary way.
As to removd of trees

arid other obstructions 74. And be it Enacted, That if any road is in any inanner pre-

from land adjoining	'udiced by aiiy tree growing near the snme, or if any obstruction is
the roads.	h to KEiiXon& by anytlnng or being -niug
land, it shall b C h w h l for nny two or more Jnstices to hear aud -
determine. in c2 sunlinarv wav. anv coWnEiZitT~ade on account thereof

r ', J

by, or by the authorit; of, such ~ornhiissiouers respectively and if they see fit to make an or&ixlor - the removal of such tree or other obstruction: and in c lefdt of cornpli$ce with sucll=ler within

' owner or oceupicr of the land on vliicl~ such tree or other olsstruc- eight days .after a copy thereof shall have been served on the

, tion may he, or 11is agent or servant, such owner or occupier shall, on conviction, forfeit and pay a penalty not exceeding Forty Shillings; and such Comn~issioncrs, if the order of the said Jus- tices is not complied with, may remove such tree or other obstruc-

tion, at the cost of the person who inay be so ordered to recover the same.

For prerention of

injuries to a road, 75. And be it Eziacted, That if any person shall ride upon any

and thc L I R ~ ~ enjoy- footpath or causeway by the side of' any road made or set

by apart for the use or accomnlodation of foot-passenqm, or shall

pussengera.

m"t

lead or drive any horse, ass, mule, swine, or cattle, or carriages of any description, or any wl~eelbarrow, or truck, or any single wheel of any waggon, cart, or carring apart therefrom, upon any such footpath or causeway, or &all cause any injury or darnage to be done to the same, or shall haul, or draw, or cause to be linuled or drawn upon any part of m y road, aiiy timber, stone, or other thing otherwise than upon wheeled carriages, or shall suff'er any timber, stone, or other tldng which shall be carried principally

or in part upon wheeled carriages to drag, or trail upon such

road, or shall use any instrument whatsoever for the purpose of retarding the descent of my cart or other carriage down any such

road

Il l

road in such manner as to destroy, injure, or disturb the surface

thereof, otherwise than by shoeing, locking, or dragging the w l d s, or if any person driving any horse or other beast on any such road, carryitrq any iron bar, or rod, basket or pannier, or a.ny other matter or t l h g sllall place wch bar, rod, basket, or pannier, matter or thing so that the snnre or ally of' theill s l d l project more than thirty inches froin the side of such horse or other beast, or

so as in any manner to illqxde or obstruct the passage of any

person, or any horse, beast, or cnrriag.~ travellilig along such road, or if any person shall malre, or assist ill milking any bonfire, or set fire to, or let off ally firework wlmtsoever within thirty feet of the side of any such road, or shall make any fire upon any such road, or if any person shall leave any carriage upon any such road, or on the side thereof, without any proper person in the sole care or custody thereof, longer tlwz may be ne- cessary to load or unload the same, except in cases of ncci- dent, and in cases of accident for n longer time than may be neces- sal y to remove the same, or shall not place such carriage during the time of loading or unloading the same, or of taki~lg refiesh- nient as near to one side of the road as conveniently may be with or without any horse or beast of draught, harnessed, or yoked thereto, or shdl lay any timber, stone, hay, straw, dung, nlsnure, lime, soil, ashes, rubbish, broken glass, or other matter or thing whatsoever, upon any such road, or on the side or sides thereof, or the foot-paths or causeways adjoining, to the prejudice of such road or footpatlis, or to the preju&ce, annoyence, interruption, or personal danger of any person travelling, or shall suffer any water, filth, dirt, or 0th; offensive matter or thing whatsoever to run or flow into, or .upon such road, or fbotpatl~s from any house, building, erection, lands, or premises adjacent thereto, or if any persou shall, after having blocked, or stopped any cart, waggon, or other carriage in going up or going down a hill, or rising ground, cause, or suff'er to be, or remain on such road, the stone or otiler thing with which such cart or other carriage shall have been blocked or

any lamp erected or placed in, or near the side of any road, by	stopped, or if any person shall wantonly extinguish the light of	authority of this Act, every person offending in m y of the eases aforesaid, shall for each and every such ~ f f c i ~ r e forfcit and pay a peualty not exceeding Five Pounds.
76. And be it Enacted, Tlmt if any horse, ass, sbeep, swine, or other cattle of any kind shall be found wandering, straying, or wander about road to

Animals suffered to

be impounded.

lying upon any district road, or by the sides thereof, except ou such parts of the said road ss pass through any unenelosed ground, it shall be lawful for any person appointed undhr the authority of such Com- missioners respectively to seize and impound every such horse, ass, sheep, swine, or other cattle, and to detain the same until the owner dxill pay the sum of Five Shillinqs to the person impounding tbe same, for the use of such ~ornrnissioners, together with the charges of impounding and keeping the same; and in ease the said penalty, charges, and expenses shall not be paid within the time by

any

any law now or hereafter to be in force, allowed for payment of

the costs and charges of impounding such animals, it shall be

lawful for the Poundkeeper, in whose Pound such animals, or any of them, shall be impounded, to sell the same, after giving such notice of sale as by any wch law as aforesaid is or shall be re- quired, and out of the money arising from such sale, after de- ducting the said penalty, charges, and expenses of impounding, keeping, and selling any such animals as aforesaid, to pay to the person'in~pounding the name the sum of Five Shillir~gs; and the

overplus, if my, to the owner thereof: Provided, that no greate~

sum than Five shilling^ shall be paid to any persol1 so inrpounding any number of animals under this Act by each owwr of' such animals.

Penalty for erecting	77.	Aid be i t Enacted, That it ~llall	not be 1:~wful	for anv person
any steam-engine,

to erect, o y cause to be erected, after the passinq <- of this Act, within

burning lime, &C.,

within fifty ywds of

fifty yards of any road, any windmill or steam-engine, uulese

IQad.

such windmill or steam-engine sl~:dl be within some house ur other building, or bullir~ci some wall or twice sufticient to secure the same from the road, so that the wule may not be dxnwrous to passengers, Lorses, or cnttlr: 11or ~ l d i it he lawtd for ally person to n d i e any fire for burniuq or. c;dciuing linic-stone, brkks, clay, or the nakiiig of coke or c1;i~rc.o~ w i t h the distimcc of twenty-five yards of ally sncbh road, urrless the sawc shall be witllin some buildiur;, or behind sonic wall or fence, saf6eient to screen the same ti.0111 such road; and in case auy person sllrtll off cnd in ally of the cases aforea:litl, every such person so offending shnll hrfeit and pay, fbr every such off'ence, a sum not exceeding Five Pounds,

Carts not to be driven 78.

And whereas carts, waius, chys, and wasgons, are frcqueutly entrusted to the care of childmn who are utlable to guide the inimals drawing the %me, to the great inconvenieuce and danger of the public, be it thcreforc! lhncted, 'I'hat no cart, wain, or yvqg011, travelling 011 a.rw roatl, s11:dI be driven by m y person who shall not

by children alone.

be of the SXl a& of Tllirteeu years, wider a penalty uot exceeding	Ten Shillings, to be paid by the owner of such &t, wxin, dray,
or wagguu.

For preverltion of RC-

cidents by negligent 7 9. Ard wllerew accidents freciuelrtly happen by the rlq$igeuce

conduct. or wilful niisbehtcviour of persons driving carriages on the pbl ic roads, be it therefore Enacted, That if the clriver of any waggon, dray, or cart of any kind, shall ride upou any such carriage on any road, not having some other 1)ersou on foot or on homeback to guide the same (such light carts as art: usually driven with reins, and are conducted by sorrre person holding the reins of the horse, or horses, drawing the salae, excepted), or if the driver of any carriqe what- soever upon a ~ y road, shall not keep his carriage or other vehicle on the left or near side of the road, or shall, by negliqence or wilful misbehaviour, cause any hurt or damage to any peiaon or carriage passing or behg ou ally such road, or wilfully be at ,web

distance

distance from such carriage, or in such a situation whilst it

shall be upon such road that he cannot have the direction and

government of the horses and cattle drawins the same; or if any person shall wilfully l~revent any otlicr person from passing him, or any carriage urlder his care, upon such road, or by negligence or misbehaviour prevent, hinder, or intercept the frec passage of any carriage of Her 31~1jesty's subjects on any road, every such driver so o@ending in any of the cases aforesaid, ancl being coiwictcd of any such ontnce, either by his own confession, the view of a Justice of the Peace, or Gy tlic oath of one or more credible witness or witnesses, shnll, for every such off'ence, forfeit and pay a penalty not rxcccdiilg Forby Glrilings,. in case socli driver shall not be the owner of sucli carriage; and in case the offencler be the owner of such carriage, them ally s ~ u n not escecding Five Pounds; and every such drive? offencliug in either of the said cases, and refusing. to cliscover his imnc n~id dwelliilg-pLce, or givirg n false description tl~ereof, may, by the of this Act, v i th or without ally WR ant,, he npprchended by any constable who sl1rill see such offence columitted, a i d be conreyed 'bctbre some Justice of the Peaee, to he dealt with according to law; :\nil if any such driver, in anv of' the cases aforesaid, shall ref'nse to discover his name m d ~ l&l l in~-~ lnce, it shall and may be 1;wfid for the Justice,

beforc whom he shall be taken, or to ~vliom any such complaint shall

be made, to commit hin~, by w a r r ~ n t under his llmd and seal, to'any Gaol or llousc of Correction, to lncl kept to hard labour fir any period not esceetliilg tltrce moiitlls, by a description of his person a i d the offeucc only, withont ncldir~g any 1 m n u or desig-nation, but expressing in the proceeding that 11c reiilsed to discover his ilnme and dwellingplnce.

80. And bc it T3nnctet1, That if ally person sl1a11 obstruct, or sttempt to obstruct, thc said Colimissioilers respectively or any of	Obstruction of Com-
missioners of 1i.octda.

them, or any p c ~ ~ o i l autilorircd by the111 acting ill tlic PErforrn~nc~

of any :kct or tlliug wh;2tever ~vllich such Colmnissio~ler or person

person shall, upon conviction, forfcit and pay, for every such is authorized to do or lwri'orril under or I)y virtue of tltis Act, such off'ence, a, 1)cnalty not exceeding Fii'ly Puunds.

81. And be it Ennctetl, Tlint tlrc Cornrnissioucrs respectively,	cvritracts may h
How Commissioners'

may enter into contracts with m y persons for the execution of any

made.

works directed or authorized by this Act, or for f~~rnishing ma- terials, or for m y other things necessary for the purposes hereof, and every such contract shall be in writing, and s l d l specify the work to bc done, and the niaterids to be fi~rnished, and the price to be paid for the same, :rnd the time or tinws within which the work is to be completed, ailcl the ~~enal t ies to be suffered in case of non- performanceihereof; ancl ev& such coiltract may be executed by the chairman, in the name, ancl on behalf, a n d by direction of such Com- missioners, and being?uly execntrd by the persous contrnclir~g to per- form the works therciu comprised respectively, shnll be eff'ectual in law, and shall he h i d i n g on the Commissioners n i d all other parties

I thereto,

thereto, their successors, heirs, executors, and administrators, as the case may be; and may be enforced in the like manner, as though such contracts had been made between private persons only.

Commissionersnot

have power to borrow 82. Provided dways, and be it Enacted, That it sliall not be

or anticipatefunds. lawful for tlw said Board to enter into any contracts or agreements U

for the purposes of this Act, or for any "other purpose whatever,

% exceeding the funds actually at the time at their disposal, or under their control; and that the said Board shall not, by way of mort- gage, debentures, or otherwise, borrow, or, from any source anti- cipate funds in any manner whatever.

Notice to be given 83. And be it Enacted, That, before any contract, for the pur-

of contracts to the	amount of or poses of this Act, to the amount of One Hundred Pomdu or up-
yqwards, and com~e- wards, shall be entered into by the Commissioners, ten days' notice,
t l t m invited by ten-
c@& at the least, shall be given in the South Australian Government Gazette, expressing the pnrposc of such contract, a id inviting any person, willing to undertake the same, to make proposals for tlmt purpose to tlle Comluissiuners, and the C~~mnissiorie~s sliall accept the proposal which, upon a view of all the circuinst:tnces, shall np- pear to them to be most advantageous, and sliall take security for the due and faithful performance of every such contract.
Commissioners may
compound for breach 84. And be it Enacted, That the Commissioaers respectively may
of contract. compound with any party who has cntcrcd into any s d i contract, or against wliom any action or suit has bccn brourht for any pnafiY contailled in wany su& contr:wt, or iu any h&d or oth& security for the performance thereof, or 011 accouxlt of tiny breach or non-performance of any such contract, bond, or security, for such sums of money or other reconpiise as the Comri~issiouers

may tliink proper.

As to requisitions	85. And be it Enacted, That tlre said I3nard shall and may, are submitted by the Goveruor to the Local Legislature, make ap- plication, fbr such amounts as the said Board iliav deem to be requisite, in furtherance of the purposes of this Act, setting forth the manner, extent, and locality of the proposed expen- diture.
from the General	pre13ously to the usual pcriod wlicn the annunl public Estimates

Bevenues

the Province.

Accounts to be kept

of receipts and dis- 86. And be it Enacted, That the said Road shall came to be

e t 1

shall be open for in-	kept true and regular accounts of all sums of money reccivcd and
spection.	paid for and on account of this Act, and of the several purposes for which such sums of money shdl have bee11 iweived a d paid,

to be prepared, and be	Statement of accounts which accounts shall, at all reasoilable times, he open to the iu-
open f ~ r i n ~ p ~ ~ t i ~ ~. spcction of every meniber of the said Board, nnd also to the Go- vernor, and ally person anthorized by him; wliicll accounts &il l be balanced once a t least in every year, and such accounts, when so balaaced, shall be audited by the Auditor-General of the said Province, and being so auditcd, sllall he produced at the at~nual

meeting of thc said Board, or at some adjournment tllcreof.

87. Aud

Annual accounts to be

87. And be it Emcted, That the said Board shall, every year,. made up and trans-

cause an annual account in abstract to be prepared, showing the	mitted to the Colonial Secretary, and to be
total receipt and expenditure of all funds received by virtue of	open to inspection.
this Act, for the year ending on the day down to which their accounts shall have been made up as aforesaid, under the several district heads of Receipt and Expenditure, with a statement of the balance of such account, duly audited and certified by the chairiuau of the said Board, and also by the Auditor-General and shall send a copy of the said account to the Colonial Secretary, within one month after tlie same bas been duly nudited, which account shall be open to the inspection of the public, at all reasonable hours.
88. And be it Enacted, That if any person entrusted with the receipt or disposal of money under this' Act, shall fraudulently dis-	bezzlement of moneys Punishment for em-
received under thin
pose of, or retain in his own possession, or apply to his own use	Act.
any money with the rcceipt or disposal of wh&h he shall have been so &trusted as aforesaid, such person shall be deemed and taken to have stolen the same, and shall be guilty of larceny.
Commissionera not to

89. And be it Enacted, That no Coi~lnlissione~ being a party to, be personally liable

or executing in his cnpacity of Conm~issioner, any contract or other for acts done in the ciipacity of a Com-

instrument on bellnlf of the Commissioners, or otllerwise lawfully

missioner.

executing any of the powers given to the Coinmissioners, shall be subject to be sued or prosecuted, by any person wlrlornsocver; and the bodies, or goods, or lands of the several Commissioners, shall not be liable to cxecutiori of any legal process by reasoll of any contract or other ii~strument entered into, signed, or exeeuted by them, or by reason of any otllcr lawful act done by them in the ex- ecution of any of their l-towers as Conlrnissioners: and the Coni-

missioners rcfit,ee,tircly, dicir Heirs, l~~xcautors, and Administrators, ? O ~ ~ ~ ~ ~ ~ ~ ~.

shall bc inclcmnified out of the rates and otkicr moneys coming done in the execution

to the hands of the Colnmissioners applicable to thc purposes Of their ofica

of this Act, for all payments made, OS 1i:hility incixrred, in respect

of any acts done 1~y them, and of all losses, costs, and danlages which they may incur iri the execution of tlie powers granted

to them,

or bb

90. And be it ELIILC~C~, That in all actions a d suits in respect brought in the name

of any matter or tlzing rclatiog to t h execution of this Act, to be of two Commis-

brought by or agzaiilst the said Board it s l d l be sufficient to sioners or their &all abate or be discontinnd, or require to be tvnnst'crred, by reason of tlle death of any mcll clmirmnn, or by his ceasing to be chairrnaii or Commissiocer, or by the death, suspension, or rcmoval

state the name of the chairman, or clerk of such Board re-

spectively, as the pwty, lhintifl', or defendant representing the

of such clerk.

Executions to bo

91. And be it Enacted, That execution upon erery judgment or i,,ie<lon

decree against the said Board in any such action or suit, shall bclollgina sioners, by trJcummism virtuc of

be their ofice only.

be levied on' the goods, chattels, or personal effects belonging to

the Commissioners by virtne of their office, and shall not in 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 tlrcin.

Commissioners and 92. And be it Enacted, That every Chnirmm, or clerk, in whose name any such legal ~'oceeding s h l l be carried or?, eithrr as plaintiff or dcfcoclant, on behalf of the said Board, s h l i he re-imburscd ont of the nlolreys which shall be payable under this Act, all damages, costs, cllarges, and expenses, to wllich any such Chairman or clerk may be put, or with which he may become chargeable by reason of being so made plaintiff' or defendant.

clerk to be re-imburse d

all damages, &c.

How indictments to

be prefenred.

93. And be it Enacted, That the said Board may prefer a bill of indictment against any person who shall steal or wilfully injure any property or thing belonqing to such 12oard, or under their management, or institute eLy other proceeding which

%

may appear to them necessary for the protectiou of such property, and in every such case, it shall he sufficient to state gellerally the

property or thing in respect of which w w h proceeding shall have

been talcen, to be the property of the said Board.

Senice of notice	94, And be it Enacted, That any s ~ ~ ~ n m o n s	or notice, or any
upon Comrnissioncrs.

writ or other proceeding at law or in equity, requiring to be served upon the Coimissioners, inay be served b i the snmc being left at or sent through the Post Ofice, directed to the Commissioners, at their principal office, or usual 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.

Authentication of 95. And be it Enacted, That crery ordcr, summons, notice, or

notice and orders.	other such document requirinq authentication hy the Cominissiouers,
by the clerk of the Commissioners, and the sane may be in writing shall be sufficiently n~~thentlcated if signed by tile Cl~nirman, or or in print, or partly in writing and partly in priut.
Proof of debts in	96. And be it Enacted, That with respect to tke proof of debts in bankruptcy or insolvency, if any person against, whom the Commissioners have any claim or denr:md become bankrupt, or insolvent, according to the provisions of m y Orclinance relating to insolvents, the clerk or other oficcr 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 insolvencp against such bankrupt or imsolveut, may represent the Commis- sioners, and act in their behalf, in all respects as if such claim or demand had been the claim or demand of such elerk or officer, and not of the Commissioners.
bankruptcy.

97. And be it Enacted, That no conviction, order, warrant, or

PMGeeding void for want of form, to be

or affected by any other proceeding, which shall be made, or shall purport to b@

mistake, &C., therein. made,

made, by virtue, or in pursuance, or in execution of this Act, shall be quashed, or deemed to be void, or voidable for want of form, or be impeached or affected by reason of any mistake, defect, or omission therein, provided the person or property charged or intended to be charged or affected by any such proceedik, be designated therein to common intent and understanding, and such proceeding be in substance and effect in conformity with, or according to the intent and meaning of the said Act.

98. And be it Enacted, That nothing in this Act shall be deemed Nothing in tllis ~ c t to atfect the rights of

to extend to or affect any law relative to the rcvenue of the Crown,	Crotvn,
or any claim of Her Majesty in right of her Crown, or otherwise howsoever, or any proceedings at law or in equity by or on behalf of Her Majesty.

so far as not otlierwise expressly provided, may bc had and taken, ndties, nppeals, &C. 99. And. be it Enacted, That all proceedings under this Act, in Proceedings for pc-

and all summonses to parties and witnesses, and wwrrants (where necessary) for enfbrcing the same, may be issued and served or exe- cuted respectively, and a11 fines imposed, and all sums of money ordercd to be paid, may be recovered before any one Justice; and every person feeling aggrieved by the imposition of any such fine or by any conviction under this Act, shall be entitled to appeal there- from in manner and form, arid o'n the tcrms respectively wllicll are prescribed by the laws of the Proviiice in force for the time being, for regulating summary proceedings before dusticcs of thc Peace.

100. And be it Enacted, That when irlformntion or compluiwt shall rlages Pro~ri*torsof to be sum- car-

be made before any Justice of the Peace, against the driver of any .,,,,,d to nppeRr md

carriage, for any offcncc comruitted by hi111 against the provisions produce driver. of this Act, such Justice may forthwith summon the proprietor of such carriage personally to appcxr, and to protlucc the driver of such carriage,. to answer such information or complaint; and if such	proprietor, bemg duly summoncd, shall lregleet or refuse personally	to appear, or to produce such driver according to such summons,
such proprietor sliall forfeit Forty Shillings, until such driver be Penalty, 408.
produced: J?rovided always, tllat if sucli proprietor shall neglect or
refuse to appear and produce silch driver, on the second or any subse- On neglcct of second
quent summons requiring him so to do, without reaso~iahle excuse to su,n,r,,,s, ~~~~i~~~
be allowed as aforesaid, it shall be lawful for such Justices to pro- ~ U Y pro~efil.
ceed to hear and determine the said information or con~pldnt, 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 cre- dible witness or witnesses, to give judgment against the proprietor for the penalty incurred by reason of such offence.

10 L. And be it Eiiacted, That all pecuniary penalties and costs ~enal!ies by drivers if may not be paid

incurred by rcnson of any offence committed by the driver of any mied on proprietorr

carriage against the provisions of this Act, shall, unless such

driver shall pay the same, be recovered from the proprietor of

~2 such

such carriage in a summary way, before any one or more Justices of the Peace, according to the laws for regulating proceedings be- fore Justices.

Proceedings to NCO ver

from drivers.	102. And be it Enacted, That every such proprietor who shaU pay any penalty or costs incurred by reason of any such offeiice RS 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, rccover the same from such driver in R sumwry manner, and upon co1up1a.int made in the premises before any Justice of the Peace, by the said pro- prietor against the said driver, such Justice shall inquire into the same, and shall cause the sum which shall appear to have been so paid as aforesaid by the said proprietor, to be levied by distress and sale of the goods of the said driver; and for want of sufficient distress, such Justice shall commit the said driver to the comuon Gaol or House ofb Correction, there to remain fbr any time not ex- ceeding two calendar months, unless the owner s h l l be sooncr p d; arid every such imprisonment shall be with or without hard
Proviso.	labor, as such Justice shall direct: Provided always, that if the said driver shall have been previously convicted of the oRence for which the said penalty or costa s l d l be a s aforesaid paid by the said proprietor, then such proceecliizgs sllall be L:d and tnlren against the said driver, upon such conviction f'ur recovery of the penalty and costs in which he sld1 have been vorwicted, as might have been had a i d tnlieri thereon, in case the said penalty or costs had riot bccn by the said proprietor., and upon recovery thereof, the sun1 so p id. by sucll proprietor s l d l bc repaid to I1im.
Justices to de8ermitle
disputos between pm-	103. Aud be it Enacted, That in case of any dispute between thc plaint made before my Justice of the Peace by s~icll

prictor.~ and tl~oir proprietor of any carriage and tlic driver tliercof, thcu, upon com-

drivers. proprietor

against such driver, or by such (11:Iver i l @ l ~ t such proprietor, such Justice shall inquire into m d determine the sanie, and shall

award and order such co1tlpens:ition to he nlade to either party, ns

to such Justice shall seein proper; to be recovered in a sunlmnry

way accorcliilg to the laws for regulating proceedings befire

Justices.

Appropriation of

moneys. 104. And be it Enacted, That all fines, perraltics, and sums of money lmd and received undar this Act, shall be paid, one half to the informant or complainant, and one half to the Colonial Trea- surer, on behalf of' Her Maiesty, her heirs, :tnd successors, for the " v.

public uses of the s:tid Province, unless such iufbrmation or com- plaint shall be laid at the instance, or by the direction of, any Dis- trlct Council, when the whole amount of such fines, penalties, a d moncys received, shall be pnid to such District Council, in aid of the funds thereof.

AB to proceedings against persons acting, 105. And for the protection of persons acting in the execution of

under this AC~. this Act, bc it Enacted, That all actions and prosecutions to

be

be commenced against any person for anything done in pursu- ance of this Act, shall be commcnccd within two calendar months

the Pct was committed, and not otherwise, and notice in writing of such action and of the came tl~ereof shall be given to the &fen- dcznt one caleirdar month at least before the commencement of such of action.

issue, and givc this Act ahd tlie special matter in evidence at any General issue.

setion; and in any such action the defendant may plead the gcueral

tender of sufficient amends slid1 have been rnacle before such action Tender of

brought, or if a sufficient sum of money ~21311 have been paid into

trial tliereupon; and 110 plaintiff shall recover in any such action if together with tlic costs illc~~rrerl up to that time; and if a verdict shall pass for t?le defendant-, or the plaintiff becoi~c nonsuited, or discontinw any such action 011 issuc joined, or if upon demurrer or

otherwise jndgment shall be givrn~ against the plaintiff', the defen- ~f judgment be again&

duit ~11~11 recoyer his fidl costs as between attorney and client, and plaintiff.

bnve tlie like remedy for the same, as any defendant h:~tEi by lam in

other cases.

106. And be it Enacted, T l ~ t in tlie coilstruction of this Act, Interpretation clauee.

nnlcss there be soniething rcpuguant, the words "Roads " and

"Road" rcspcctivcly shall bc taken to meall and include 'LMain

Roads " and "District Iloacls," and the "Board " shall be

taken to mean the Cent~nl Boarcl of biain Roads," and the word

Conln~issioners " sliall be taken to nmm ancl incl~rde the Central

Board of &lain Roads," ancl all District Councils according to the

suhject, matter, and mi~text, respectively.

107. And bc it Enacted, That this Act shall cornmencc and take Commencement+

effcct from and after the first day of February ncst.

JOHN MORPHETT, Speaker.

P. C. SIKCLETO?J2

Clerk of Legdative Council.

Ia the n;tme and on tlie behalf of Her Majesty I assent to this Act.

H. E. F. YOUNG,

Lieutenant-Governor.

Government House, Adelaide,

25th November, 1852.

-

L- - -- - - - - - - - -- - - - -- IIJ

ADELAIDE: Printed by authority by W. C. Cox, Government Printer, Victcria-fiaare.