Roads Act 1863 (SA)

ET VICESIMO SEPTLMO

A. D.

No. 11.

Alz Act to repent an Act No. 17 of 1861, " To amend .m Act No. 17

of 1852, Jor the making and im~woviny of Roads in South

Australia," and to make other provisions in lieu thereof:

[Assented to, 12th Novcmbur, 1863.1

HERE-4S it is expedient to repeal an Act No. 17 of 1861, P r c a m ~ ~

W "To nrncnd an Act No. 17 of 1852, for the making and	improving of Roads in South Australia," and to make other pro-
visions in lieu thereof: And whereas by the said Act No. l 7 of
1852, i t is enacted that all the public roads in thc Province of
South Australia should be divided into main and district roads, and that all public roads should be under the care, control, and management of Commissioners, and that the Central Board of Main Roads, by the said Act appointed, should be the Commissioners for the care, control, and management of main roads, and that the District Council for any district should be the Cornrnissioriers for the care, control, and management of the district roads within such district; 5ut by the said Act no Cornmissioncrs arc appointed for the care, control, or management of district roads not within any.
district established under the District Councils Acts, or any of them, and it is therefore adso expedicnt to appoint a Commissioner for the care, control, and management of district roads not within any district established as aforesaid-Be it therefore Enacted by the Govcmor-in-Chief of the Province of Soutli 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:

". .i.

* 26" & i 2 ~. ~ ~ ~ ~ ~ ~ ~ 2 E, No. 11.

ii

. t 4 * *:

"a& Amendment Act.-1 863.

.-.

Repeal of Acts. 1. An Act No. 17 of 1861, intituled " An Act to a.mend an Act No. 17 of 1852, for the making and improving of ltoads in South Australia," and clauses Nos. 47, 48, 49, 50, 52, 53, 54, 55, 56, and 57 of the said Act No, 17 of 1852 are hereby repealed; but no proceedings taken before this Act comes into operation shall be affected hereby; and all proceedings under any notice inserted i11 thc South Australian Government Gazette, bcforc this Act comes into operation, may be completed in manner prescribed by the said Act No. 17 of 1861; or in case the same were coininenccd before the said Act of 1861 came into operation, then under the provisions of the said Act of 1852.

Short title of A C ~. 2. This Act may be cited for all purposes as thc ,"Roacls Amend-

ment Act, 1863,"

No. 17 of 1852, to ba	3, Thc said Azt No. 2 7 of	1852, shall (saw in so fi~r	as tbe same
read with this Act.

is repealed), be deemed to be incorporated with this Act, and shall

be construed herewith as forming one Act.

Interpretation of

terms.

4. In th3 construction of this Act, and of the said Act No, 17 of 1852, the word ' G Commissioners " shall, uizlcss inconsistent with the conttxt, in addition to the meaning attached to it by the snid Act No, 17 of 1852, be taken to mean and include the Colnrnissioncr of District Roads hereinafter more particularly referred to; and also as to my matters within the limits of any Corporate City, Town, or place, the Council of such City, Town, or place.

Tho following acts

mdy be done by Corn- 5. Any one or more of the following acts may be done by the

missioncrs.

Commissioners at any one time, by one proceeding, or from time to

time, that is to say-

New roads may bc opened:

Existing roads, or any part thereof,may be altered, added to,or closed:

Open, add altwy

Closed roads or any part thereof may be exchanged for lands wdere within the jurisdiction of a Corporatidn or District Council, may bc rctaincd as the property of the Corporation or Council, and at any time solcl or exchanged for other land required for roads, or corporate or district purposes, or may be dedicated to corporate or district purposes.

close, cxchang~:, and

S(N roads, or parts of rcquircd for new roads or alterations, or may he sold, or,

, -

roads.

Procccdinv before

Coni~~isaioners.

6. Thc proceedings before Commissioners to opcn new roads,

and alter, add to, close, and sell or exchange existing roads, shall

be as follows: A survey plan s I d l be deposited with the Surveyor-

General, at his office in Adelaide, showing the exact position, bounclaries, bearings, ancl acl~~easnrcmcnts of proposcd new roads, altcrations, additions, a i d thc roads or parts proposed to be closcd;

and the names of owners or occupiers of lands affected by the

proposed alterations shall, so far as known, be shown upon the plan. in a tabular form, which plan shall be open to public inspection at all reasonable times, and, at thc t ime of depositing the snid plan as aforesaid, a fee of Five Pouilcls Five Shillings shall be paid to thc Surveyor-Gcaernl for tfie use of Her Majesty. 7. On

26" & 2 7 7 1 C T O R I B, No. 11, 105

Roads Amendment A c t. 1 8 6 3,

7. On receipt of such plan, the Surveyor-General shall cause to be S~rveyor.Geucra1 to causo publication

prepared and inserted in the &uth Austrdian Gorer7zmen t Gnx~tte, a of notiaz,

notice for four consecutive weeks, contsining the follow in^ information,

namely :-,4 general ctescription of thc proposecl alterations, sho~ving

the boundaries, bearings, and admeasuremenls of tlie land proposcd to be taken for new roads, alterations or additions; ancl of the old roads proposed to be closed, as the case may be, and referring to the survey plan; the uames of owners or occupiers of any land affected (SO far as known); the date and place of meeting of the Corn- missioncrs tu clecidc as to making such alterations or otherwise; and printed copies of such notices shall, as soon as possible, be for- warded, bv the Survcyo~Gcncral, to tho persons whose names appear in such nbtice as owners or occupiers of any land affected by the proposed alterations, such notices being forwarded through the medium of thc General Post Office, directcd to such persons at their lwt or most usual known place of abode in the said Province, or if that be not known, then to thc place whcrc such proposcd altera- tions are to be made; and any person may, ~vithin forty days after the first publication of thc notice, Ly writing, addrcssccl and served on the Commissioners, their Sccrztary, or Clerk, or de- livered at thc office of the Coi~missioners, give notice o f any objec-

tion: Provided also, that a copy of snch rluticc be forwardcd to the

Surveyor-Gcneral.

8. At the time and placc fixed by such notice the Commissioners Commissionore to

shall hold a mccting and shall then or at m y acl jonment of snch hold mccting a t tiwo

plaeo selcd in

meeting corlsi~ ler thc proposed alterations, and any ubjcctions tlicreto, notice.

and any person obj jccting may personally, or by counsel, or agent,

attend any mceting amd support his objection.

9. .Nothing in this Act slid1 authorize tlie Commissioners to take Com:nissioncr3not 10 tak,: parks, &C., fur

or make use of', or ordcr or dircct any road to bc made in or through ,,,.,,,,,,	, f t ~; , A,[.
any garden, yard, park, planted walk, or avenue to a house, or any closed ground planted as an ornamcnt or sheltcr to a house, or as a nursery for trees, or any part thereof' respectively, without the

consent in writing of the owner and occupier thereof.

10. No order for the exchange of any l a ~ d required for new roads NU cxchango to

sh l l be made unless an agrecment for that purpose shall first h a w ~ $ ~ T ~ ~ ~ ~ t

been entered into with the owner and occupier (if any) of the land so required, which agreement shall bc in the form in Schedule A to this Act, or as near thereto as circumstances will pcrrnit.

11. Should the proposed alteration, or any portion thereof, be Order whcn made to

'orwaldd" fOOU1*

allowed by the Commissioners at such meeting, or at any adjourn- miasioner of Crown

ment thereof, thev shall make an order to that effect, which order and^ for acnfirmation

sllsll be in dupGcate, and shall he in one of the fokns Nos. 1, 2, 'yGoVcrnoL

or 3, in the Schedule B to this Act, or as new thereto as circum-

stances will permit, and snch order dial1 be forthwith forwarded

to the Comnlissioncr of Crown Lands for confirmation by the

Gowrnor; and unless such order shall be duly confirmed Gy the

Governor, and a notice thereof given as lwrcinafter mentioned

within

26" & 27" VICTORIB, No. 11.

Roads Amendment Act.-1 863.

- - - -

within a period of twelve calenciar months of the date of the meet-

ing at which such order was made, the same shall be utterly void

to all intents and purposes whatever.

to be published in 12. On the confirmation by the Govcrnor of any such order

south Ausbwlinn GO- as aforesaid, a notice of such confirmation shall be forthwith pub-

vetq~ratent Gazette, lished in the South Australiun Goverrzmen t Gnzcite, which notice shall be in the form in Schedule C to this Act, or as near thereto as circumstances will permit, and the publication of such notice shall be sufficient evidence of the due confirmation of any such order, and

Effect of confirmation, thereupon any land or area to be taken for a newwrod or part of a

road, shall become dedicated to the nublic and bc uiider the control ,.

and mandgernent of the Cl.ornmissioners, who shall also then be

authorized to pay or receive any money agreed on far equality of

exchange, and any land by the order ordered to be vested shall be

vested in the person and for the estate therein mentioned; but should such order not be confirmed within the time above limited, any agreement for exchange shall bc absolutely void.

Commissioncr of

Public Works to be	13. The Commissioner of Public Works for the time being shall Province as arc not within the limits of any corporate city, town, or place, or any district under the District Councils Act, l858; and all district roads in such parts o f the said Province s l d l be under his care, control, and management, and he shall, in all such parts of the said Pro~lince have the like powers and be subject to the like lizbilities as are conferred or imposed upon Commissioners of Itoads by the said Act No. 17 of 1852, and by this Act: Provided that whenever any city, town, or place shall be incorporated, or any district constituted under the said District Councils Act, 1858, the pmvers, authorities, and duties of the Conimissioner of Public Works as Commissioner of Roads shall cease within the limits of such city, town, place, or district,
Commissioner of	be the Commissioner of distdct roads for all such parts of the said
Itoaile.

td ohargo

of roads no longer	14, The Commissioner of Public Works for the time being shall be the Commissioner for all roads that have been takcn off the Schedule of Main Itoads: Provided that ivhenever such roads shall have been placed in repair, they shall be handed over to the different District Councils or Corporations within the limits of which they may pass: Provided also, that if any parts of the said main roads shall be the boundwies of any District Councils, such District Councils shall jointly take charge of the aforesaid roads, when placed in repair by the said Commissioner.
main r o a k
Prooeedkgs by Corn-	15. The proceedings of the Commissioner of Public Works to open roads, and alter, add to, or closc existing roads and effect exchanges, shall be the same as are prescribed by this Act, except that instead of the meeting of Commissioners hcreinbefore directed to he held, thr Commissioner of Public Works together with the Surveyor-General shall hold a, public sitting at the time and place fixed by the notice to be given as aforesaid, and shall then and there

mis~ioacr	to alter
roads.

consider

26" & 27" VICTORIX, No. 11

Roads Amendment Act.-1863.

P P

consider the proposed order and any objection of which' notice has been given,. and any person objecting may, personally or by his

counsel or agent, attend such sitting and s~qtport his objections.

16. The Cornmissioncr of District Roads constituted by this Act Dc.signationofCom-

shall bc callcd The Commissioner of Public Works acting as mswmer,

Commissioncr of Roads," and by such corporate name may enter into any contract authorized by the said Act No. l 7 of 1852, or by this Act, and bccome a party to any deed, conveyance, sgreemcnt, 'or instrumect which may bc required for the performance or con- strnction of any work, or the delivery or removal of any materials, or which may otherwise be required to be entered into by him in his capacity as such Commissioner of Roads: and may take security by bond, obligation or othermisc, and by such name inay sue or be sued, in~plead or be implcaded, before any Court or tribunal what- ever, and in any aoticcs, ordcrs, certificates of titlc, or other writings whatsoever in which it shall be necessary to mention the Commis- sioner constitnted by this Act, i t shall be sufficient to designate him as '. The Commissioner of Public Works acting as Commissioner of Itonds."

17. Any proprietor or occupier of any land through which a road, :i$0::5 Or cornpen-

or part of a road is ol*dered to be made, in the original ~ r a n t of which la id no power of making roads hns been reserved, or any person who is not a party to the agreerncnt for exchangc who sliall aftcr con- firmation of any order for exchange, or for opening a ncw :-pad without any agreement for exchange, have any estate, right, title, or interest in the land taken, may serve a notice in writing on the Corn- missioncrs within L ~ i o 61 lteen calendar months froin the date of the Gazette in which ~ ~ o t l c e of confirmation of' the orcler shall have been published, claiming compensation for clamages, for land required for the said road, or part of a road, and so taken or exchanged, and, iu default of service of noticc, as aforesaid, the proprietor and owner,

and all persons claiming by, through, from, or under thcin, or

claiming estate, right, title, or intcrcst, ill the land so talien or cx-

changed, shall be for ever foreclosed from any benefit or claim

whatsoever to any compensation for any portion of such land.

18, If any person shall be desirous of obtaining an order to closc Prococdings before

any road adjoining his or to close such road and to open any Local court,^.

1:md as a ilem road in place thereof, or in addition thereto, he may

apply to the Local Court of Full Jurisdiction, nearest to the place mherc such alteration is proposed to be made, and such Local Court

is hereby authorized to make such order as is hereinafter mentioned.

19. The proceedings to obtain an order under the last preceding Procccdingato obtain

section dhall be as follows- order,

The person desirous of obtaining such ~ r d c r shall deposit with. the "UPYCY plan to be

Surveyor-Gcneral a survey plan showing the exact position,	deposited at Survey
boundaries, bearings, and admeasurements of the roads, or parts of roads, proposed to be closed, and of nny piece of

land

26" & 27' VXCTORI2E, No. 1 l.

Roads Amendment A c t. 1 8 6 3.

land propcscd to be used as a road and substituted therefor, and dso-the names of the owners or occupiers of sections affectcil by thc proposed alteration, which plan shall be open to public inspection at all rcason~ble times; ancl at the time of depositing such plan, the person so applying shall pay to thc Surveyor-Gcncral thc sum of Five Pounds Five Sliillinps, and also dclivcr a notice, stating the Local Court to which, and the time at which, it is &ended that such applicatioli shall bc made.

~ o t i x to Le givon. Upon such plan bei.lg deposited, the Surveyor-General shall cause to be preparecl and inserted in the 80uth Austt.nlinn Govern-

t C ~ z e t f e 3 notice, for four consecutive weeks, containing the

following i:lformation, viz :-The name and time of meeting

of the Local CO-nrt to which the application is to be made;

a clescri$ion of tlw proposed alterations, giving the bound-

aries, hearings, ancl n(lrnt?asurcmcnts of thc road proposed to be closed, and also of any piccc of land proposcd to bc used as a road or substituted therefor; and the names of the ov ners or occupiers of any land affected (so far as known);

and a pintcc2 copy of such notice shall, as soon as possible, be

for~vardccl to thc &'ommissioncrs of Roads for the District where such alteratic\ns ;xe proposed to be made, and also to the persons whose names inay appear in such notice as owners or occupiers of m y land affectecl, such notices being for- warded through the medium of the General Post Office, and being directed to such persons at their last or most usual place of abode in the said Province, or if that be not known, then to the place whencc the proposed alteration is to be made.

L O C ~ Cowl f CI hem At the Tlocal Court llclrl at the tinlc ancl placc mentioned in such

and dctclminc. notice, being not lcss than sis, nor more than eight, weeks

after the first publicntion thereof in the Soath Au.~tmZian

Goce~.nmmzt Gazette, or at any acljournment thereof; or if

from any reasoil othcr than the mistake of the applicant, the said COLU t s h o ~ ~ l d not sit on thc day mentioned in such notice, then at, its nest sitting thc said Court may hear and adjudicate upon such application, and may make such order as to closing any old road, or opening any piece of land as a new road in place thereof, or in addition thereto, as to them may appear expedient, which order shall, as soon as possible after the malcing thereof, be drawn up in duplicate md authenticated by the seal of the said C'ourt, aud shall be in the form of No. 4 in the ScZ1eclulc: 13 to this Act, or as near thereto as circurnstarlces will permit.

oI)icctions 117 perron	Any person interestccl may by himself, his counsel, or agent, attend before any such Court, ancl object to any such order being made: Provided that he shall have given notice in writing to the Clcrlr of the said Court, at least seven days before the day on which the application is to Lo heard, stating his intention so to object, and the grouiids of such objection.
interested.

There

26" & 270 . VICTORIIE, No. 11.

Roads Amendmmt Act. -1 863.

There slA! be an appeal to the Adelaide 1,ocal Court of Pull Juriscliction from my ordcr of any other Local Court, which shall be conducted in the manner prescribed for regulating appeals by the Act No. G of 1850.	Appeal to Adclaide
Local Court.

Certificntcs of titlc sl~all be issucci by the Commissioner of Crown Confirmation of order

Lands to the persons respectively entitled to the lands mcn- tioned ill such order.

From and after the making of thc ordcr, the road or part of a road therein described to be closed, shall cease to be a road; and any land by the order ordered to be taken for n substi-	Effect of confirmation.
Old road not to bo

tuted road, shall become dedicated to the public: Provided closed until new road

that if any substituted road shall be ordered to be made, thc	ready.
r o d orcicrcd to be closed shall not be closecl until the sub- stituted road shall bc cortifieci to be in a fit state for public use, by the Surveyor of Roads for the District or the Snr- wyor-General, as the casc may be.

20. h'ot,hing herein contained shall empower any LocaI Court to make any order affecting a road within the limits of a corporatc town,

Local Court no6 to

mako any order nffect-

ing a corporate towxi,

or to open a new road through land against thc will of the owner.

nor to take land

ngninst will of the

owner.

21. The owner of the land adjoining m y road or part of a road ordered to bc closed, or throngh whose land any road or part of a

reserve road, if *lot,

District Council m y

road ordered to be closed shall pass, shdl have the right to acquire

owner of n4oi;ling

the said road or part of :L road, cithcr in exchange or ilt such price

land m y buy saluc.

as may bc agreed llpol~ with the Oon~missioners, and, if by agree- ment with the Corn&issioners, thc same may be embodied in the ordcr; but in thc event of difference, the price shall bc fixed by arbitration, as provided in the Lands Clauses Consolidation Act; and the Commissiorier of Crown Lands may issue to the person acquiring the same a certificate of title, ill the form in the Schedule 1) to this

General, and the purchase mbney, after deducting the necessary ex-	Act, which shall, upon being signed, bc delivered to the Registrar
penses (if any), shall be paid to the Corn~riissioncrs for the District, or to the Treasurer, as the casc may bc: P roridcd that nothing herein contained shall prcvcnt any District Council at any time, nftcr
reserving a road, from selling any reserved road to the person entitled
to buy the same.
22. No ordcr heretofore made or to bc made for the opening, closinu altering, adding to, or exchanging of roads shall be deemed	No order affecting
more thnn one roatl to
to be invalid by rcason that such orilcr aff'ccts move than one road, h'	Le thrrcforc invalid.
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; and no orcicr herctof'ore mark, purporting to be under tlle provisions of the said Act No, 17 of 186 1, shall be deemcd to be invalid bv reason that such order has not becn duly confirmed nucl notice thereof given within three calendar months of the. nialdng thereof, as provicled by the said ,QC; : Provided that such order be duly confirmed and notice thereof given within a, period of twelve calendar months from the making thereof. 23. All

110 26" & 27O VICTORI2f3, No. 11.

Orders to vest estate

to be transmitted to 23. All orders intended to operate to vest any estate or interest

s u r ~ c y o r - ~ e n c l d.	in lands under or by virtue of this Act shall be in dnplicatc, and one copy thereof, together with the plans used before the Local Court or Conzznissioners making the order, shall forthwith be trans- mitted by them to the Surveyoy-General: Provided that no order made by Commissiollers shall bc transmittccl until aftcr confirmation
by the Governor.

thmmissioner o f	24. Upon thc scccipt of any ordcr under the provisions of this Act,
Crown Lards to issue

clertiticnte of title to

vcsting land, or dedicating land to the public, or for corporate or

kegistrar-General.

district purposes, the Co~nrnissioilcr of Crown h d s s l d, on bcing satisfied-;!lit thc proceedings are rccgular, cause separate certificatcs of title on parchnicct, in the form pueseribed in Schedule E to this Act, to be issued i ~ i duplicate to the C:orninissioners or to any pcrson entitled thereto, aud the Coinrrlissiorler of Crown bids, nftcr signing suzh certificate, sball deliver the same to the Itcgistrar- General.

On receipt of ccr-	2. Upoir receipt of auy certificate of titlc givcn under the provi-
tificatc llegistrar-

Gencrnl to endorso sioirs hereof, the kgistrw-Gcncrd slrdl, aftcr the expiration of t h c e

certificate and rrgister calexldar 1~01ltlls fi'0i11 the date of the ostler, bind 1113 one of the

same under Real ~er t i f i c~~tes of title as n sepalcite folium of the rcgistcr-book, and

Prope~ ty Act.

shall registcr the smne under the provisions of' the llcal Property Act for the time being, itlid shall dclirw the otilcr of such certificatcs of title to the Commissioners or pcrson or persops entitled thereto.

After registry or 2G. After registry of any such certificate of title as ilereinbefore provided, the provisions of tile l i e d Property Act for the time being

tificatc Property of A C ~ to bo

npplicoblc to laad.	shall be applicable to thc land therein mentioned to all intents and ynrl)oscs whatso~vcr :H fully as if the said l a d had been bronght
uildcr thc provisions of such-dct upon the ;~pplicntion of a pmprictor,
mil i t shall be conclusively hrld in wery Court of Law and Equity
that tllc certificate of title shall vest such land ancl estate in the .
persons tlicrein mentioned.

KO ordrr nlado tobe 27. No order purpol-ting to be made under the provisions of this said, be removed or removable illto the Suprenit: Court, or any of Her Majesty's <lourts of Hecoril, but bcforc making any order the Commissioners or Local Court nmy reserve any qaestion of lam for the consideration of the Supreme Court, and if m y such qucstion be reserved, no certificate of titlc shall bc granted until aftcr the decision

removable into

Supreme COUI	t	after	Act shall, after the rcgistrkion of any such certificate of title as afore-
reaistratiari.
of the Supreme Court thereupon.

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

this Act.

I). DBLY, Governor.

SCHEDULES

26" & 27" VICTORIB,, No, 11.

Ronds .Antendmeat Act.-1 863.

SCHEDULES REFERRED TO,

Agreement made pursuant to the Roads Amendment Act, 18133, between the undersigned, the Commissioners of Main Roads of the onc part [or for the District of, or the Commissioner of Public Works acting as Com- missioner of Roads ( a s the case may be)] and (owner of the 1md to be tuken in

exrhnnge) of and (occzyier, g u n y, 0 t h than the owner) of

of the other part.

Whereas the said is thc owner [OP thc owner and occupier] [and the

said is the occupier] of a piccc of land situated at (here describe the

land to be tuken in exrhmzgc) and i t is considered cxpcdicnt that the road [or part of

a road1 situate at (Awe describe the ~ o n d or pnrt of a road') should be exchanged for the land first described, i t is hereby agreed t h a t such exchange shall be made, and

that the said shall pay to the said the sutn of

for equality of exchange: Pro~icled that if no order shall bc mndc

and confirmed in manner, and within the period, by the Roads Amendment Act, 1863,

prescribed, this agreement shall be void. Dated the day of 18 .

Recelyt do be et~dorsed.

We, the within nsmed, do hereby acknowledge to havc duly rwxivcd from the within mentioned the sum of , within agreed to be

paid for equality of exchange. Dated the day of 18 .

B

No. l. -Order to open New Roads.

Whereas, at a meeting duly held under the provisions of the Roads Amendment Act, 1863, this day of 186 , i t appears to us, the Commis-

sioners of Main Roads, Lor the Commissioners of Roads for thc District of

or to me, thc Commissioner of Public Works, acting aa Commissioner of Roads],

that it is expedient and necessary that the lands hereinafter described should bc opened as a new line of road, and i t having been proved to us [or me] that the notice	required by the said Act has been duly given, and that all other requirements thereof	havc been complied with, and no valid objection to thc opening of such new line of
road having been made: Now, thaefore, we [or 11 do hereby, by virtu0 of the powers given to us or me] by the said Act, order that all that (hem descrihe the
Xwueyw-Getierak) shall be forthwith made and opened as a new line of road.
land as ful ly as i?2 1 e notice, and nlso fiy reference to the plan deposited wi th the 5,

Dated this day of , 186 .

No. 2.--0rdw to close OM Roads.

Whereas, a t a meeting duly held under the provisions of the Roads Amendment

Act, 1863, this day of 186 , it, appears to us, the Commis-

sioners of Main Roads [or the Commissioner of Roads for the District of 3

or to me, the Cornmissioncr of Public Works acting as Cornmiesioner of Roads] that

the piece of land hereinafter mcntioncd, and heretofore used as a road, is no longer required for such purpose; and it having been proved before us [or me] that the notice required by the said Act has been duly given, and that all other requirements thereof have been complied wi111, and no valid objection to the closing of such road having been made: Now, therefore, we [or 11 clo hereby, by virtue of the powers

~Giscontinueck as fully as in t l ~ notice, and al,w L y mfcrenca to the plan depoailed	given t o 11s pr me1 by the said Act, order that all that (here describe the road to be
wi th the Surreyor-G'a~srcclj, skull hencehrth he diacoulinud, and ccasa to be used .

a8

2H

2p & 2'7" VICTORT.,%, No. 11.	-
Roads Amewdment Act,-1 863,

as a road. (If the old road has been agreed to be sold, add) and we do further order that the said piece of land shall be sold to , for the sum of 2 i

and that the same shall Le ~estecl in him, his heirs, and a~signs for evcr. (v the old

road hns nob been uyreed to 6e sold, imtrnd of the nbosc szdstitzcte) and we do further ordcr that the said piece of land shall be sold and vcsted in the purchaser, his heirs, or a s s i p s; or we do further ordcr that thc said piece of land shall be set apart and dedicated to the use of thc said District of, or the Municipal

Corporation of the Town of , ss the case n ~ a y be.

No. 3.- Order to opea JTew and close am2 eachungs Old Koarls.

Whereas, at a meeting duly held under the provisions of the Roads Amendment Act, 1863, this day of 186 , it appears to ns, tbe Commiu-

sioners of Main Roads [or the Corn~l~iasioners of Roads for the District of 9 or to me, the Commissio~ler af Public Works acting as Commissioner of Roads], that it is expedient arid ncccsw'ry t h d the lands hereinafter firstly described should be opened as a ncw line cf road, and that the lands hcrcinafkr scc3ndly clesciibed arc no longer rcquired for the purposrs of a road; and i t having been provcd beforc us [or me] that tlie notice requ;retl by thc said Act has bccn duly given, and that all other requirements thereof h ~ v e been conlplicd with, and no valid objection to the opening

of such new line of rord or to the closing of such old r o d having been made: Now,

therefore, we [ o ~ I] c10 hereby, by virtue of tlie powers given to us [or me1 by the said Act, order that all that fherc clescribe the piece of land to be opctzcd as ct road ns frtlly as ;n the ?totice, and also h!/ rcfelwxe to the plan clcyositerl toifh !he Sdrveyor-Genera:), shall be forthwith made and opened as a ncw line of road; a n ~ l

we [or I] do farther order that all that (here clecsc~ibc the road to Cc discontin~ed us JzficlZy as in the ~zotice, am? 6:) ~cfcreme to the plnra deposited with the X w w y o ~ ' - Gewral), s h d l henceforth be discontinued, and ccasc tu be uscd 2s a road; and we

[or I] do fvrther order that the picc:: of land lastly described, and h~retoforc used as

a road, s h d l be exchanged with for the piece of land firstly described, and

that the same shall be vested in the said , his heirs, and assigns for ever.

/If any moPzey is to 6e p i d o?z either sidr, hy Z L M ~ oj' equality

form aecordinyly. j

Dated this day of , 186 .

No. 4.-Order by Local Court.

In the Local Court of , Ful l Jurisdiction.

Whereas at the sitting of this Court hcld this day of 186 ,

at the Local Court Housc an application was made hy of

to close, [or open as a iicw line of road /or, us the rdctse msy be)] the

piecc of land hereinafter described, and it having bcen provcd to the satisfaction of

the Court that the notice rcquirtxi by the Roitds Amendment Act, 1863,1ias bcen	duly gircn, a d that all other rcquiretnents of the said Act h a w becn complied with,
and no valid objection to the closing of such old road (W, as the case may he), having been rn;..de, this Court doth hereby, by virtue of the powers given to i t by the
said Act, order that (conclidr as in the ~ * ~ c e: l i r l; l g forms, Nos. 1, 2, and 3, according
to the circtonstanccs.)

Dated this day of 186 .

A.B., Special Magistrate.

NoTE.- -T~~ abore forms are given as a guidc in drawing up orders, and arc to bc adhcrcd to as far

as practicablc; but they may be departcd from should thc circumstances of ally particular case

rcndcr it ncocssary.

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

18, the (here describe whether Cowwzisuio~w~s for the'Rocldsfor the District, Local

Courts) having made order that (here g& n p z ~ r a l de~~rt$tltio~ oj' the lzature and

efect of the order} His Excellency the Governor has been pleased to confirm the said order, and to direct that the Commiusioaer of Crown Lands shall issnc Cer- tificate of Title to thc pcrsons entitlccl ~espectivelg to the lands mentioned in such order.

Dated-the day of 18 .

26" & 27VICTORIA3, No. 11.

Roads Amendment Act,-1 863.

D

Certz$cate of Title by the Cornmissiouer of Crown Lands.

South Australia.

Pursuant to the Roads Amendment Act, 1863, and of an order of the Local Court of of FulI Jurisdiction [or Commissioners of Main Roads or Com-

missioners of Roads for the District of , or Commissioner of Public Works,

acting as Commissioner of Roads (as the case may h)] made on the day

of 18 , in consideration of Pounds, paid by to the

Commissioner of Main Roads [or Commissioners of Roads for the District of

, or to the Commissioner of Public Works, acting as Commissioner of Roads

(as the case fizay be)]: I, , Commissioner of Crown Lands of this

Province, do hereby certify that	is now seised of an estate in fee simple
in that {here describe the road to be co?tveyed).

3

Ccrtzycate of Titlc by Commissioner oj' Croum Lands olnrZw Road Order.

South Australia, Register Boolr, vol. folio .

1, Cornmissioncr of Crown Lands of the said Province, pursuant to

the dircclion of his Escellency the Governor, publibhed in the Goaernnzent Gazetfe of the day of, in confirming a road order made by therein

refcrred to, dated tho day of do hereby certify that

is [or are] now sciscd of an estate in fcc simple in that

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.A&daide : Printed by authority by W, C. Cox, Government Printer, Victoria-square.