Roads Act 1861 (SA)

ANNO VICESIMO QUARTO ET VICESIMO QUINTQ

VICTORIE REGINE.

A. D. 1861.

No. 17.

An Act to awnd an Act No. 17 of 1852,,far the making and im

proving of Roads in Bouth Australia.

[Assented to, 29th November, 1861.1

W HEREAS it is expedient to amend an Act, No. l 7 of 1852 for Preamble. the making and improving of roads in South Australia, so far a8

relates to the opening and making new roads, altering existing roads,

and closing and disposing of unnecessary roads or parts of roads-

Be it, therefore, enacted, by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative

Council and House of Assembly of the said Province in this present

Parliament assembled, as follows:--

$ Q

1. This Act may be referred to as The Roads Amendment Act, Z8&p;N&;\

186 l, and shall take effect from the thirty-first day of December, 186 1 J one A C ~, except as to

and this Act and (save so far as repealed hereby), the said Act No. 1- of 17,1862, h e w

17 of 1852 shall be read together as one Act. y repealed.

2. Clauses 47 to 57, both inclusive, of the said Act No. 17 of 1852, ti $$

are hereby repealed; but no proceedings taken before this Act comes ~ p d d.

into operation shall be affected hereby; and all proceedings under any notice inserted in the 8outli .Australian Government Gazette before this Act comes into operation may be completed in manner prescribed by the said Act.

3. Any one or more of the following acts may be done t y the ~ h e f o U o d y, . a t.

Commissioners at any one time, by one proceeding, or from time to mbimm	may be done p Oom-
time, that is to say-

New roads may be opened

aim, exchange, rrnd

mell roadq orparts of Existing roads, or any part thereof, may be altered, added to, or

K&. closed.

Closed roads, or any part thereof, may be exchanged for lands

required for new roads or alterations, or may be sold, or

where within the jurisdiction of a District Council, may bc retained as the propcrty of the Council and sold ox exchanged for other land required for roads or district purposes, or may be dedicated to district purposes.

Pmceedings before

Commieeionera. 4. The proceedings before Commissioners to open new roads, and

alter, add to, or close existiug roads, and effect exchanges, shall be

as follows :-

8urvey map and	A survey map and plan, shall be deposited with the Surveyor- General at his office, in Adelaide? showing the exact position, boundaries, bearings, and adrneosurements, of the proposed new roads, alterations, additions, and the roads, or parts
bomdarloe, &c.

proposed to be closed.

Book of reference.

Where any land is proposed to be taken under the proceedings a

book of reference shall accompany the survey map and plan

containing the particulars mentioned in the form in the

Schedule to t&s Act annexed.

Nap and book of

raferenoe to be open	survey map and plan, and book of reference, shall be open to
to public.	public inspection at all reasonable times.

Agreement for cx- To effect an exchange an agreement shall also be entered into Setween the Commissioners and the owner, (if any) of the land intended to be taken in exchange, in the form in the Schedule B to this Act annexed, or as near thereto as circum- stances will permit.

change, . ". .

Notice in Gwtta.

A notice shall next bc inserted in the $outh Australian Govern- ment Gazette, and in at least one newspaper published in the Colouy, in the form appropriate to the transaction contained in the &hedule C: to this Act anncxed, or as near thereto as circumstances shall allow.

Any person interested may, within forty days after the publication of the notice by writing addressed and served on thc Com- missioners, their secretary or clerk, or delivered at the office of the Commissioners, object to the proposed order, or any part thereof; at the time and place fixed by the notice, the Commissioners shall hold a meeting and consider the pro- posed order, and any objectioizs of which notice has been given, and any person objecting may personally, or by his agent, attend the meeting and support 11% objections.

Order in duplicate

and form thereof.

If it is decided to make the order, or any part thereof, the same

shall be drawn up in duplicate in thi form approp&te to the

proceeding in the Schedule U to this Act annexed, or as near

thereto as circumst~nces will permit. '

with obfec-

tians to be ~ubaiitted The order, with all objections (if any) shall be submitted to the

to*.QBparocit; 2:, . Goverfior

1d --v .- -M,

Governor who may within three calendar months of the order

being made confirm the same, and a notice of the con-

firmation in the form in the Schedule E to this Act annexed

shall be irisertea in the South Australian Government Gazette

within thee calendar months from the meeting at which

an order was decided on, and therefrom any land or area

to be taken for a new road or part of a road, shall become

Effect of confirmation.

dedicated to the public and bc under the control and manage- ment of the Commissioners who shall also then be authorized to pay or receive any money agreed on for equality of ex- change, and any land by the ordcr ordered to be vested shall be vested in the person and for the estate therein rncntioned ;.but should no order be made and confirmed within the time above limited, any agreement for exchange shall be absolutely void.

5. Any proprietor or occupier of any land through which a road, or part of a road is ordered to be made, in the original grant of which land no power of making roads has been reserved, or any person who is not a party to the agreement for exchange who shall, after confirmation of any order for exchange, have any estate, right, title, or interest in the land taken, may serve a noticc in writing on the Commissioners within eighteen months from the date of the Gmette in which notice of confirmation of t,he order shall have been published, claiming compensation for damages, for land required for the said road, or part of a road, so taken in exchangc; and, in default of service of notice, as aforesaid, the proprietor and owner, and all persons claiming by, through, from, or uncler them, or claiming estate, right, title, or interest, in the land exchanged, shall be for ever foreclosed and shut out from any benefit or claim whatsoever to any compensation for any portion of land ordered to be ttken or exchanged.

sation.

Claims for compen-

Lands Clalisea Conro-

6. For all purposes relative to compensation for lands required. by virtue hereof, the Lands Clauses Consolidation Act shall be deemed

lidation P.ct inwrpor-

ated hewwith.

to be incorpxated with this Act, and shall be construed herewith as

forming one Act.

7. Nothing in this Act shall authorize the Commissioners to take take Commiwionere parks, &c. not to

or make use of, or order or direct any road to Fe made in or through any garden, yard, park, planted walk, or avenlne to a house, or any closed ground, planted as an ornament or shelter to a house, or as it nursery for trees, or any part thereof respectively, without the consent in writing of the owner and occupier thereof.

8. The proceedings before Justices of the Peace by owners of Proceedin~befara Justices.

land, applying to close or divert roads adjoining their lani1,'with or without an application for substituting ther-efor other roads, shall

be as follows:- ,

A notice, as near as circumstances will permit to the form C, in the Schedule hereto annexed, shall bc delivered to the Chairman, Clerk, or Surveyor of the District Council, or if lands or roads

affected.are not within the lim-itfii of a Difiltrict, to the fhrveyox-

General .' -c .. - -. y -+. .

@&m1 of the said Province, at Adelaide,. and shall also be publhhed for four consecutive weeks in the South Aus- tralian Goverrrament Gazette, and one newspaper at least

published in Adelaide.

~utrey map. A survey map or plan to be open to public inspection at all rea- ~lonable times, shall be deposited with the District Council or Surveyor-General, as the case may be, showing the exact position, boundaries, bearings, and measurements of the roads, or parts of roads, proposed to be closed or diverted,

and of any road proposed to be substituted therefor.

Any person interested may attend and object to the order at the time and place fixed by the notice, being not less than six, nor more than eight weeks after the giving thereof, when andwhere

Juetican to hear and	two or more Justices of the Peace for the said Province may
determine.	hear and determine as to the proposed order and objections of which notice h s been given, in a summary way, and an appeal from such order shall be allowed to the Local Court nearest to the road proposed to be closed, or the Local Court of Adelaide.

Order in duplicate. If it is decided to make the order, or any part thereof, the same

hall be drawn up in duplicate, as near as circumstances will

permit, to the form in the Schedule D, appropriate to the

transaction.

Conflrmatim of &er. The order, and all objectims (if any) siiall be submitted to the Governor, who may, within three calender months of the order being made, confirm the same, and direct that certifi- cates of title shall be issucd by the Surveyor-Gcneral to the persons respectively entitled to the lands mentioned in such order; and within the said period of three months' notice of such confirmation and direction, in the form in the Schedule E, to this Act annexed, shall be inserted in the 8outh Aus-

tralian Government Gazette.

E f f e c t o f c o ~ ~ t i o n. From and after the confirmrttion of the order, the road or part of

a road t.herein described to be closed or diverted, shall cease to be a road; and any land by the order, ordered to be

taken for a substituted road, shall become dedicated to the

public.

old road notb be

alosed-until new road	Provided that if any substituted road shall be ordered to be made,
ready.	the road ordered to be stopped or diverted shall not be stopped or diverted until the substituted road shall be certified to be in a fit state for public use, by the Surveyor of Roads for the District or the Surveyor-General, as the case may be.

9. Nothing herein contained shall empower Justices of the Peace

swtims" wer to take " land h.ve

g ownem

m u~willing to make any order affecting a road within the limits of a corporate

J u a t i ~	town, or to open a new road through land against the will of the
any order affeohg	Oner.
a corporate town.

D'.MotCoundmn~	10. The owner of the land adjoining any road or part
m4erVe Toad, if not

~ m, d Of 8 ordered to be stopped, or through whose land any

!44d*.p19- rqad

road or part of a road ordered to be stopped shall pass, shall

have the right to acquire the said mad or part of a road,

either in exchange or at such price as may be agreed upon with

the Commissioners, or Surveyor-General when the road is not within	-
the limits of a District, and, if by agreement with the Commissioners, the same may be embodied in the order; but in the event of dif- ference, the price shall be fixed by arbitration, as provided in the Lands Clauses Confiolidation Act; and the Surveyor-General may issue to the person acquiring the same, a certificate of title, in the form F in the Schedule to this Act, which shall, upon being signed,
be delivexed to the Registrar-Gener al, and the purchase money after
deducting the necessary expenses (if any) shall be paid to the Commissioners for the I)istrict, or to the Treasurer, as the case may
be: Provided that nothing herein contained shall prevent the
District Council at any time, after reserving a road, from selling any reservcd road to the person entitled to buy the same.

11. No order heretofore made or to be made for the opening, ~ ~ l p e ' ~ ~ ~ ~ $ ~ d,

dosing, altering, adding to, or exchanging of roads shall be deemed bc therefore invalid.

to be invalid by reason that such order affects more than one road,

or affects more than one act or thing with regard to any road or

roads, and no objection by reason thereof shall be taken to any

order.

12. All orders intended to spcrate to vest any estate or interest 0 rders to vest estate

to be transmitted to

in lands under or by virtue of this Act shall be in du~licate, and Sul.vevor-Qeneral,

one copy thereof, td ether with the maps used before ihc Justices

or Commissioners ma ing the order, shall forthwith be transmitted a

by them to the Surveyor-General: Provided that any order made by

Commissioners shall not be transmitted mt i l after confirmation by the Governor.

13. Upon the receipt of any order vesting land, or dedicating ~ ~ ~; ; ~; ~ J "

land to the public, or for District purposes, the Surveyor-General title tr, Registrar- shall cause separate certificates of title, on parchment of the form GenerR'. prescribed in the form 11 in. the Schedule to this Act annexed,	to be issued in duplicate to the Commissioners or to any person	entitled thereto, and the Surveyor-General after signing such certifi-
cate shall deliver the same to the Registrar-General.
14. Upon receipt bf any certificate of title givenunder the provisions hereof, the Registrar-General shallmake inquiries to ascertain whether On receipt ot cer-

tificate Registrar-

General endorse

the proceedings for the purpose of obtaining the order on which gameunderIlrd certificate and register

the certificate is granted have been regular, and, wheu required, Property dot.

whether thc-: order has been confirmed as hereinbefore provided, and if he shall be satisfied thereof, he shall, after the expiration of three months from the date of the order, endorse on the certificate of tit12 a certificate in the form I in the Schedule to this Act annexed; and shall therefrom bind up one of the certificates of title as a separate folium of the register-book, and shall register the same

under the provisions of the Real Property Act for the time being.

f 3 H and

a d shall deliver the other of such certificates of title to the

Commissioners or person or persons entitled thereto.

16. After registry of any such certificate of title as hereinbefore provided, the provisions of the Real Property Act for the time being shall be applicable to the land therein mentioned to all intents and purpose8 whatsoever as fully as if the said land had been brought under the provisions of such Act upon the application of a proprietor, and it shall be conclusively held in every Court of Law and Equity that the certificate of title shall vest such land and estate in the persons therein mentioned,

No order made to

be movable into 16. No order purporting to be made under the provisions of this

J3n	,me	Court a b r	Act shall, after the registration thereof as aforesaid, be removed or
m&o..	removable into the Supreme Court, or any of Her Majesty's Courts
of Record, but "before making any order the Commissioners or Jus- tices of the Peace may reserve any question of law for the consi- deration of the Supreme Court, and if any such question be reserved no certificate of title shall be granted until after the decision of the Supreme Court thereupon.

In the name and on behalf of the Queen I hereby assent to

this Act.

RICHARD GRAVES MACDONNELL,

Governor.

Government House, Adelaide,

29th November, 1861.

SCHEDULES

SCHEDULES REFERRED TO,

Partkcdur~ to be inserted i n Book of Rgeerence.

1. The names of the owners and occupiers, so far ns known, of the land through which the road is proposed to pass.

2. The description and quantity of such land, nnd the enclosures, if any.

3. An estimate of the expense of the work.

Agreement made pursuant to the Roads Amendment Act, 1861, between the

undersigned, the Commissioners of Main Roads of the one part or for th

District of (as the case may be)] and (owner of the and to be F taken in exchange) of and (occupier, eJf any, other than the

owner) of of the other part.

Whereas the said is the owner (or the omer and occuph) [and the

said is the occupier1 of a piece of land situate at (here descrdlie the land to be taken in erchanye) and it is considered expedient that the road [or part of a road] situate at (her.4 describe the road o r part of U road) should be exchanged far the land first described, it is hereby agreed that such exchrtnge shall be made, and that the said shall pay to the said the sum of

for equality of exchange. Dated the day of

18 .

Rece+t to be endorsed,

We the within named do hereby acknowledge to have duly received from the within mentioned	the sum of	, within
agreed to be paid for equality of exchange,

Dated the day of 18 .

Notioe by District Council of intention to close, or open, and exchange roads.

In pursuance of the Roads Amendment Act, 1861," we, the Commissionera of

Main Roads Lor for the District of 1 hereby giv5 notice, that we propoee to

[here state what the Commissiorrers inkad to order, giving a general descr@tion of any

road intended to be closed or opened, atad stating also the time and place of meeting

and we have caused a survey map, and also a book of reference, to be deposite a with the Surveyor-General, at Adelaide, which said map and book of reference contain,

so far as known, the several particulars required by the said Act: And we hereby require all peraons within forty days of the fir& publication of this notice, to deliver

to us or our Clerk, in writing, any objection to auch discontinuaace and exohaage.

Dated bhe day of 18 .

D

Order to close old roads and exchange same.

Whereas it appears to us the Commissioners of Mein Roads Lor for the District o f

as the case may be1 [or two of Her Majesty's Justices of the Peace for

the P~ov ince of South Austral&] that the piece of land, hereinafter described, is no longer required for a road, and that the same road should be exchanged for the piece of land secondly deaeribed, and that the last-mentioned piece of land shall be bence- forth a road. And whereas notice has been given, and the other requirements of the " Roads Amendment Act, 1861," duly complied with, and no objections made [or no valid and reasonable 02ljection.s made]: Now, therefore, we do hereby order that all

that piece of land [here describe the toad to be closed as fu l ly as i~ the notice, and by

rgerence to the survey plan-) shall be continued and cease to be road. And we do further order, that in exchange for the piece of land next hereinafter described,

the eaid piece of land hereinbefor~! described shall be, and is hereby vested in

his heirs and assigns for ever. And we do further order, that all that piece of land

deserihe as fuZly as aforesaid the piece of land to be given in ezchange] shall e henceforth a road.

Dated this day of 18 .

Order to open new and close and sell or scst oZd roads,

Whereas it appears to us, tbe Commissioners of Main Roads for the Province

of South Australia [or for the L)ish.ict o f , as the case m a y be], that the

piece of land, firstly hereinafter described, should be opened as a new line of road, and that the pieces of land, secondly hereinafter described, arc no longer required for a road [and should be dedicated to District purposes] [sold to the person entitled

to 6uy the same (ay any such jlerson)] or [~houZd be sold, afzd that shozcM be	the purchaser thereof]. And whereas notice has been given, and the other require-
ments of t?ie " Roads Amendment Act, 1861," duly complied with, and no objections made [or no valid and reasonable objectiom mad&] : Now, therefore, w e do herehy order, that there shall be forthwith made and opened as a new road, the following piece d land, that ia to say-All that [here clescribe fhe piecc of land to be opened as o, road as fully as in the *lotice, by refircnce to the plans]. And we do further order, that the piece of land hereinafter described, and heretofore used as a public road sball be discontinued and cease to be a road, that is to say-All that [describe
a s last Ziefore mentioned]. And wo do further ordcr, that such last-mentioned piece
of land shall be sold to [the person entitled to buy the same, (if such person)]

for the sum of &, ancl he having paid the same, we do hereby order, that the said last-mentioned piece of land shall bc, and is hereby vested in him, his heirs, and assigns for ever.

Dated this day of , 18 .

Receipt, where money is paid, to be indorsed as near as conveniemt. as in the last- mentioned form.

NOTE.-From them two o~&rs such an order may easily be francJ as may be rcquired to meet the

various cases occurring.

Notice of Cbnjmrnation.

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

18 the [here describe whether Commiosioneas for tAe Roads for the District, or Justices] having made order that [here give a general description o f the nature and e f i e t of the ordec] Ris Excellency the Governor-in-Chief fias been pleased to confirm

the said order, and to direct that the Surveyor-General ?hall issue Certificate of Title

to the peraons entitled reapecdirely to the lands mentioned in such order.

Dated the day of 18 .

F

Cert$cate of Title hy the 8urveyor-General, under clnuw 10. F

Puraumt to the Roads Amendment Act, 1861, and of an order of Justi:es [or Com-

missioners of Main Roads, or Commissioners o f Roads for the District o f (as the case

may be)] made on the day of , 18 , in consideration of

Pounds, paid by to the C?mmissioners of Main

Roads [or o f roads for the District o f, or to the Treasztrer /as the case may be)]: I,

Surveyor-General of this Province, do hereby certify that i s non seised of an estate in fee simple; ~ubjec t never- theless to such encumbrance, liens, and interests, a3 are notified by memorandum

endorsed hereon in that [here describe the road to 6e conueycd].

Notice by o w m r of intentim to apply to Justices to close roads.

In putauance of the Roads Amendment Act, 186 1, I,

of being the owner of land adjoining the road hereiual'ter mentioned, do herebj- give notice that i t is my ictention to apply to two Justices of' the Peace, on the day of in&, at of the clock in the noon, for an order to stop the following road which is not required for tho

use of the public, that is to say [here f d l y desertbe the road itttended to be stopped, with the boundaries and t e r m h ' thereof, and by rq%renc3 to the survey ntcxp] and ta

rubstitute therefor the following piece of land, that is to say [here descrihe the piece

of land to be substituted, with the boundaries and termini thereof, and 6y ~t@ence to

the survey map].

Dated this day of 18 .

SOUTH AU~TRALIA.

Cert$cate of Tdle by Surveyor- General under Road Order.

Register Book, vol. folio

1, Surveyor-General of the said Province, pursuant to the direction

of His Excellency the Governor published in the Government Gazette of the

day of , in confirming a road order made by

&erein referred to, dated the day of is [or arc] now seised of an eatate in fee simple; subject, nevertheless, to such encumbriinces, liens, and interests ae are notified by memorandum endorsed hereon, in That

I-

Csrt$cats to be endorsed by Registrar-General on Cwt$cate of Title that Road Order

has been regularly oblaintd.

1, Registrar-General of South Australia, do hereby certify that I have

. inquired concerning the proceedings upon which the order within mentioned wan obtained, and that the same appear to me to have been regular.

._I

Adelaide : Printed by authority by W. C. Cox, Government Printer, Victorta.sgu~.

3 1