Roads Act 1884 (SA)

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ANNO QUADRAGESIMO SEPTIMO ET QUADRAGESIMO

OCTAVO

A.

D. 1884.

No. 314.

Roads Ad, 1884.

ANALYSIS.

PRELIMINARY.

PART V.

Preamble.

LOCAL BOARDS.

1. Short title.

2. Interpretation.

16. Present local boards to remain in office.

3. Commencement of Act.

17. Local boards to be bodies corporate.

4. Division of Act.

13. Appointment of local board for proclaimed

districts.

19. Corporate name of local board.

PART I.

20.

Governor to appoint two members of board.

MAIN AND DILITIlICT ROADS.

21. Seal,

5. Roads to be main roads or district roads.

B. Main roads to be under the care, control,

PART VI.

and management of local boards of

CQMMXSSXONER O F MAIN ROADB, HIS POWER8

main roads.

AND FUNCTIONS.

A-ah

7, District roads to be under the care, control,

22. Commissioner of Public Works to bo Com-

and munagement of District Councils

missioner of Main noads.

and Municipalities, or Commissioner.

23. Commissioner may enter into contwuta,

deedn, obligations, &C., and sue and

be sued.

PART XI,

24. Commissioner to have control over board.

DECLARATION O F ROAD n1RTRICTS.

8. Declaration of road districts.

9. Constitution of District Councils not to

PART VII,

cause same to cease to be part of road

VESTINO O F ROADS.

districts.

25. Vesting of roads.

1U. Alteration of boundaries in certain cases.

PART VXXI,

PART 111.

QUALIFICATION AND DI8QUALfPICATIOW BOR

DRCLARATION O F MAIN ROADS.

MEMBERS OF' LOCAL BOARDS-DECLAltA-

TION TO BE MADE-VACANCIEB,

AND HOW

1 1. Declaration of main roads.

T O 71B BILLED UP.

12. Width of main roads.

26. Qualification of member of board.

27. Disqualification for membership of local

PART IY.

28. Penalty on interested member voting, boards.

PEOCLAXATION O F ROAD DDISTRTCTS.

29. Declaration to be made by members.

13. Proclamation of road districts.

30. Falsely declaring made misdemeanor.

14. Governor may add to road district land not

31. Penalty for acting as member when inca.

in a district.

pacitated.

16. Board meetin S.

32. Cause of vacancies.

VICTORIE, No.

Roads Act.-1884.

PABT XX.

76. Accounts to be kept of receipts and dis-

bursements, which shall be open for insnection. Statcn~cnts o f accounts

33. Members to be elected for three pears.

to Ibe prepared and be open for in-

34. Members how elected.

spection.

35. Goveyor to limit number of members to

77. Annual accounts to be made up and trans-

rJe elected in certain cases, and to

mitted to the Cornmissioner of Main

appoint remainder.

Roads, and to be open for inspection.

36. Secretory of board to give notice prior to

election.

PART XTTI.

37. Election, how conducted.

DUTIES, POWERS, AND PIIIVXT4ROEH OY LOCAL

38. Scale of voting.

BOARDS

COMMISSIONER

O F

M A D

39. If no election held, or insufficient elected,

ROADS.

Governor may nominatc.

78. Boards to construct main roads.

40. Election to fill extraordinary vacancy.

79. Local boards to repair and maintain in

good repair main roads.

PART X.

SO. Defaulting local boards.

PROCBBDINQ8 O F BOARDB.

81. Main roads when no longer main roads to

41. Election of chairman.

be handed over to District Councils.

42. Meetings to be open to public.

82. Maintenance of portions.of mainroads may

43, Remuneration of members.

be let by contract for a term of years.

44. Questions at board meetings to be decided

83. Proceedings in respect of course of main

by open voting.

roads.

45. Quorum.

84. Powers of closing and opening, &C., of

46, Ordinary meetings.

roads.

85. Garden, park, avenue, BC., not to be taken.

47. Meetings may be adjourned

86. Incorporation of Lands Cl;mscs Con-

48. Ordinary meetings.

solidation Act.

49. Special meetings.

87. No order for exchange of roads to be made

60, Resolutions of board, how revoked.

without mitten agreement.

61. Committees may be appointed.

88. Proceedings to open, alter, add to, close,

62. Committees, quorum, how to conduct

sell, &C., roads by iocal boarde.

their business.

Municipalities, and District Councils.

53. Proceedings not invalidated by vacancy.

89. Duties of Surveyor-General on receiving

64. Procooclings of boards and committees

plans.

validated.

90. Proceedings before Commissioner of Roads

65, Minutes of proceedings.

to open, alter, &C., roads.

91. Proceedings before local board, Munici-

pality, District Council, and Com-

OFFICER8 AlvD BY-LAWS.

missioner.

56. Board may appoint officers.

92. Proceedings if opening, alteration, addi-

67. Membcrs of board not to be officers of

tions, &C., allowed.

board.

93. Notice of confirmation to be published in

Govemnae?zt Gazette.-Effect

of con-

68. Officers to give security.

69. Officer of board exacting fee, &C., liable

firmation.

to penalty.

94. If rod dosed owner may acquire same.

60. Officers when required to account.

95. Orders when made to be in duplicate.

61. Officers retaining funds or vouchers, &C.,

06. Certificate of title to be signed by Com-

missioner of C r o ~ n

Lands.

may be proceeaed against summady.

62. Justices may commit to gaol.

97. Duties of Registrar-General.

64. Pereons entrusted with money fraudulentl)

98. Registrar-General to enter particulars of

disposing of same guilty of larceny.

und deposited plans.

land on former certificates of title

64. Board may make by-laws.

W. Real Property Act to apply to land for

66. Governor may revoko by-laws.

which certificate of title has issucrl.

66. By-laws may impose penalties.

100. No order upon which certificate of title

grmtcd to be removed into Supreme

PAHT XlI.

Court.

CONTRACTS.

101. Compensation.

67. Local board may contract.

102. Proceedings before Local Courts.

68. Boards and llistrict Councils not to have

103. Procccdinrs to obtain order.

power to borrow or anticipate funds.

~u rve f i l an

to be deposited at Survey.

69. Tenders.

Office.

70. Compounding breaches of contract.

Notice to be given.

Local Court to hear and determine.

PART XIII.

Objectiom by person interested.

REVENUE.

Appeal to Adelaide Local Court.

71. Revenue.

Confirmation of order.

72. Appropriation of nioney voted.

Elfect of confirmation.

73. Moneys to be paid into a bank.

Old road not to be closed until new

road ready.

1 104. Local Court not to niake any order affect-

PART

XIV.

ing a oorporute town nor to take land

AUDIT.

against will of the owner.

105. No order affecting more than one road to

74. Auditors' duty.

bc thcrcfore invalid.

10G. Orders to vest cshte to bc transmitted to

PART XV.

Surveyor- General.

AC~'OUNTJ.

107. Provision for confirmation by Governor of

78. Booka to be kept, and to be open for in-

road orders made by Local Court.

epection.

108, ~ounda

Roads Act. -1 884.

108. Boundary, main road bridges, or other

133. Protection to Commissioner and to mem-

public works, how maintained and

bers of board against proceas.

r e p a i d.

134. Judgments against Commissioner and local

109. Hain road, bridge, or other p ~ h l i c

works

hoards, how to he satisfied.

forming boundary of road district,

and not in a district, how repaired.

110. Power to put up lamps, posts, and mile-

posts.

PART XVII.

111. Wilful destruction of road property a mis-

MISCELLBVEOUS PROVISIONS.

demeanor.

11 2. Power to usc tmcultivatcd lands.

136. Sundays and public holidays.

113. Alteration of road to be fenced.

136. No suit of quo warranto allowed to try

114. Power to go upon land adjoining a road.

title to any office.

115. Materials, where and in what manner to be

137. No mandnmus to issue from Supreme

talum.

Court to compel local board to admit,

116. If sufficient material cannot be found in

restore, or elect any member.

waste lands it may be taken from en-

138. Proceedings for trying title of member,

closed lands or grounds on making

&C., to

his office, to be decided by two

or more Jllstice~

in a summary way.

satisfaction to owners.

117. Compensation may be awarded though no

139. Jurisdiction of Justices.

objection made.

140. On non-compliance with order Justices

118. Pits or holes made in getting material

may inflict punishment.

hall bc fillcd op or slopcd down and

141. Time within which proceedings mBy be

fenced off.

taken,

119. Persons damaging bridges or works, by

142. Proceedings may be laid before Justices.

digging materials, to forfeit not ex.

v-

143. Proceedings before Justices to be regulated

cecding $50.

by Ordinance No. 6 of 1850.

120. Penalty for danger a t night.

144. Appeal from order made by Justices to

121. Penalty for taking away material collected

Local Courts.

for road.

145. Obstruction to carrying out of this Act.

122. Power to rcrrlove annoyances to roads.

146. Proreeding not to be void for want of

123. Power to remove all buildings and fences

form, or affected by any mistake

which obstruct breadth of road, and

therein.

penalties for injuries to road.

147. Appropriation of moneys.

124. Growing trccs injuring road may bc re-

148. Leases, bc., may he granted for mining

moved.

purposes.

125. Prevention of injuries to road and regula-

149. Width of Tires Act.

tion for safetv of msscnacrs.

150. Services of notices, &c.

!26.

Animals suffercd t6 w a h e r &out road to

161. Service may be proved by affidavit.

be impounded.-Proviso.

152. As to proceedings against persona acting

127. Penalty for erecting any steam-engine or

under this Act-Notice of action.-

burning limc within fifty yards of

General issue.-Tender

of amends.

roud.

-If judgment be against plaintiff.

128. Car& not to be driven by children.

153. Repeal.

129. For prevention of accidents by negligent

conduct.

SL'IIEUULES REPEItBED TO.

130. Proprictorx of carriages to be summoned

First Schedule.

to appear and produce driver.-On

Second Schedule.

neglect of second summons, Justices

Third Schedule.

may procccd.

Fourth Schedule.

131. Pcnultics, if not paid by drivers, may be

Fifth Schedule.

levied on proprietors.

Sixth Schedule.

132. Proceedings to recover from drivers.-

Seventh Schedule.

Proviso.

Eighth Schedule.

An Act to consolidate and amend the Laws relating to

Main and District Roads.

[Assented to, Sejtem bey lo th, 188g.l

HEREAS it is desirable t o consolidate and amend the laws Preamble.

by the Governor of the Province of South Australia,, with the advice

W relating to main and dis t r ic t road-e it therefore Enacted

and consent of the Legislative Council and House of dssembly of the said province, in this present Parliament assembled, as follows:

1. This Act may be for all purposes cited as the " Roads Act, Short Title.

1884."

47' S. 48" VICTORIE, No. 314.

-

Roads Act.-1

8 8 4.

ikterpretation.

2. In the construction and for the purposes of this Act, the

words and expressions following shall respectively have and include the meanings hereinafter assigned to them, unless there be something in the subjectmatter or context to denote a contrary intention, that is to say-

'' Municipality " shall mean and include any Municipal Corporation incorporated under The Municipal Corporations Act, 1880," or any Act or Acts amending or re-enacting the same, and the Council thereof, as defined by the said Act:

" District Council " shall mean any District Council duly con- stituted under (' The District Councils A.ct, 1876," or any Act

or Acts amending or re-enacting the same:

'' Commissioner " shall mean the Commissioner of

Main Roads:

" Proclamation " shall mean any Proclamation by the Governor in the Government Gclxette :

Road" &all include both main and district roads:

G Carriage" shall include cart, wagon, tramcar, and every species

of vchicle dmwn or propelled along roads by any power

wha;tever:

('Board" or "local board" shall mcan any local board of main

roads constituted under this Act:

Justice )'

shall mcan a Justice of the Peace for the s ~ i d

province.

Commencement of

Act.

3. This -4ct shall come into operation from and after a day to

be fixed by the Governor by Proclamation.

Divieion of A C ~,

4,

The subject-matter of

this Act shall be divided into the

following parts-

PART 1.-Main

and District Roads,

PART ~ ~ ~ D e c l a r a t i o n

of Road Districts.

PART

111.Declaration of Main Roads.

PART

IV.-Proclamation of Road Dktricts.

PART v. L o c a l Boards.

PART VI.-Commissioner

of Main Roads, his powers and

functions.

PART VII.-Vesting

of Roads.

PART

v111.-Qualification and disqualification of Members of

Local Boards.

Declaration to be made.

Vacancies, and how to be filed up.

l PART

IX.-Elections.

PART X,-Proceedings of Boards.

PART xr ,-Officers

and By-laws.

PART

XIL- Contracts.

Roads Act.-1884.

PART

xm.-Revenue.

PART

XIV,-Auditors.

PART

xv.-Accounts.

PART

xvr.-Duties,

Powers, and Privileges of the Commissioner

of Main Roads and Local Boards.

PART

XVII,-Miscellancous.

PART I.

PART I.

MAIN AND DISTRICT ROADS.

5, After the coming into operation of this Act, a11 public roads ROR&

to be main

within the province shall be divided into main roads and district

roads or district

roads.

6. All main roads within the province, together with the Main

der the

roads

care,

to

control,

bo un-

bridges thereof, and a11 public works connected therewith, shall bc and

of

under the care, control, and management of the local board for local boards of main

Roads.

thc road district within which they may be respectively situated: Provided that, with the consent of the local board of main roads, all main roads within the boundaries of any Municipality shall, for all purposes, except the construction and maintenance of such roads, be and be deemed streets within the jurisdiction of such Municipality.

7, District roads shall comprise all public roads which are not District made to be

main roads. All district roads within thc limits of any Municipality ~ ~ R ~ ~ m, " ~ R e ~ t

or District Council shall be (subject to the provisions of this Act), of District ~ounc ih

together with the bridges thereof, and all public works connected ~ ~ ~ ~ I, * ~ ~ ~

therewith, under the care, control, and management of the Munici-

pality or District Colmcil within whose limits they may be respec-

tively situated. All other district roads, together with the bridges

thereof, and all public works connected therewith, shall be under the

care, control, and management of the Commissioner of Main Roads.

PART

11.

PART

11.

DECLARATION OF ROAD DISTRICTS.

to this Act are hereby declared to be road districts of the Province districts.

8. The districts set forth and described in the First Schedule Declaration of road

of South Australia.

the limits of any road district, or the alteration of the boundaries of Counch not to cause Municipal or District

9, The formation of any Municipality or District Council within Comtitution of

any existing municipality or district, shall not cause the land com- mm0 to cease to be

prised within any such Municipality or District Council to cease to part of road districts.

form part of the road district within the limits whereof the same may

be situated, except so far as is next hereindter contained.

10, Whenever

47O & 48' VICTORIE, No. 314.

Roads Act.-1884.

PART

11.

10, Whenever the boundary or boundaries of any two or more

Altemtion of boun-

Municipalities or District Councils in thc last preceding section

dRries in certain cases.

mentioned shall also form the boundary or boundaries of two or more road districts, the alteration of the boundary or boundaries of

any one or more of such Municipalities or District Councils shall be

deemed to be, to the extent of such alteration, the altered boundary or boundaries of such road districts; and it shall be lawful for the Governor immediately after such alteration shall have been effected, by Proclamation, to declare and define the altered boundary or boun- daries of such road districts accordingly.

PART 111.

DECLARATION OF MAIN ROADS.

Declaration of main

11, The lines of road sct forth in the Second Schedule hereto,

roads.

together with a11 bridges and other public works connected there-

with, are hereby declared to be main roads of the said province.

Width of main roads,

12, New main roads shall be in all places not less than sixty-six

feet in width, including footpaths, and any bank, ditch, or fence on

either side thereof.

PART IV.

PROCLAMATION OF ROAD DISTRICTS.

Proclamation of road

13, The Governor may, by Proclamation, declare and define

districts.

such additional road districts as may seem fit, not being within the limits of' any of the road districts in the First Schedule set forth and described.

Governor may add

to

14, The Governor may, by Proclamation, from time to time, if

road district land

not in a district

he shall deem fit, divide any road district, or alter the boundarics of

any road district, or add thereto any portion of the said province

actually adjoining such district and not lying within the limits of

any road district; and every such portion so added shall thereupon become and be part of such first-mentioned district, to all intents and purposes.

Board meetings.

15, The local board of every road district declared under section

thirteen of this Act shall hold their first meeting at some convenient place within the mad district for which such board is appointed, within one calendar month after thc appointment of the members of such board, at the hour of eleven of the clock in the forenoon, and shall proceed to put this Act into execution.

PABT

v.

PART

V.

LOCAL BOARDS.

Present local boards

16, The members of the several local boards of main roads for

to remain in oflice.

the road districts existing at the time of coming into operation of

this

47' & 48" VICTORIW, NO. 314.

Roads Act.- l884

this Act, shall remain in office as members of the local boards for their

PART

v.

respective road districts, as altered by and defined in the First Schedule hereto, until the first day of July, one thousand eight hun- dred and eighty-five, and the said first day of July, one thousand eight hundred and eighty-five, shall be deemed to be the period

of expiration by effluxion of time of the office of the members

of such local boards, as if this .,4ct had not been passed: Provided, however, that any casual vacancy in any such loci1 board caused by the death, resignation, disqualification, or removal of any member thereof, shall be filled up under the provisions of this Act: And providcd also that the successors to the present members of the said local boards shall be appointcd and elected under the provisions of this Act.

17. Every local board, whether for any road district mentioned Local Bornas

bo

in section eight of this Act or appointed under the provisions herein- bodies corporate.

after contained for any road district declared under section thirteen

of this Act, shall consist of five members, and be a body corporate

in name and deed, with perpetual succession, and a common seal,

and may sue and be sued, plead and be impleaded, in all Courts

and before Justices, and may take, purchase, hold, sell, and convey

any lands or hereditaments whatsoever,

18. From and after the Proclamation of any road district or board

Appointment

for proclaimedj

local

districts, as provided by section thirteen of thfs Act, the Governor d i s t ~ ~ t s.

may appoint in and for each proclaimed road district a local board,

consisting of fivc members, for the term of one year, and the said

local boards so appointed shall form the first local boards respec-

tively for such sevcral road districts; and the Governor from time

to time may remove any member, and may appoint any person to

fill any vacancy that may occur in such board during such term of

one year, whether caused bv any swh removal or by any other causc; and the expirati6n ;f the said term of one year shall he

deemed to be the expiration by effluxion of time of the office of the

members of such local board; and the succeeding rnombers of every

such local hoard shall be appointed or elected under this Act;

and every such local board shall have and be capable of exercising

the like powers, rights, privileges and authorities, and be subject to the like liabilities and obligations, as the local boards appointed for the districts mentioned in section sixteen of this Act.

19. The corporate name of each local board appointed or Corporatsnameoi

elected under thc provisions of this Act shall be '' The Local Board of Main Roads for the District," the blank being filled in with the distinctive name of the particular road district, as set forth in the First Schedule hereto, or, in case of any additional road district proclaimed by thc Governor under the provisions hereinafter contained, as set forth in the Proclamation thereof.

20.

Of the fivc members by this Act required to constitute each G o r e m o r h a ~ ~ i n t

two members of

local bowd.

Roads Act.--1884.

PART V,

local board, two shall from time to time bc appointed by the 1

Governor, and the remaining members shall, subject, however,

to the provisions of section thirty-five of this Act, be elected by

the Municipalities and District Councils within the district.

seal,

21. Every local board constituted under this Act shall have and

use a seal with the words ' c The Local Board of Main Roads,

l)istrict," engraved thereon, the blank being filled in with the distinctive name of the particulir road clistrict, and such seal shall only be affixed to deeds, instruments, or documents, in the presence of the chairman and secretary of the board using the same, or of two members of such board and such secretary; axd to every deed, instrument, or document to which such seal shall be affixed, the said chairman, or two members (as the case may bc) and

the said secretary, shall add their names as witnesses.

PART

VI.

PART VI.

COMMISSIONER OF MAIN ROADS, 131s POWERS

AND FUNCTIONS.

Commissionerof Pub-

lic Works to be Com-

22.

The Commissioner of Public Works for the time being of

missioner of M&

the said province, from and after the coming into operation of this

Boade.

Act, shall, with his successors in office, be the Commis8ioner of Main Roads for the said province, and, in the exercise and execution of the powers given by this Act, shall be styled " The Commissioner of Main Roads."

Commissioner may

enter into contracts,

23, The Commissioner of Main Roads may make and enter into,

deeds, obligations,

and be or become a party to, any contract or agreement, and may

and

and be

make and execute, seal and deliver, and become a party to any in

sued.

(

strurnent or document whatsoever which may in anywise howsoever

bc rcquired, or be requisite or necessary, to be entered into for the

purpose of carrying into effect all or any of the provisions of this

Act, and may take security by bond, obligation, or otherwise, and sue

or be sued, implead or be impleaded, in all Courts and before Justices; and in every contract, agreement, deed, or instrument, bond, obligation, writ, summons, and pleading, and in all notices, orders, certificates of title or other writings whatsoever, in which it shall be necessary to mention the Cornmissioncr of Public Works acting as Commissioner of Main Roads, it shall be sufficient to designate such Commissioner as The Commissioner of Main Roads."

C0mmi8~ioner

to

control over board,

24. The Commissioner may, by regulations to be published in

the Government Gazette, prescribe the mode in which the local boards shall carry out t h i duties imposed upon them by this Act,

and he may, from time to time by writing under his hand, direct

any board to do or to abstain from doing any act which might

othcrwise be done by the board as to him may seem advisable,

PART

47' & 48" VICTORIE, NO. 314.

9

Roads

Act .1884.

PART VII.

VESTING OF ROADS.

25, All roads hereby declared to be main roads, and which here- Vestiwofroads.

after may be declared to be main roads, together with the timber growing thereupon, and together with the bridges thereof, and all public works connected therewith. and the right, title, property, and int~rest therein, and in all lamps. direction-boards, milestones, posts, rails, walls, chains, fences, and other erections and buildings, with the appurtenances thereto respectively belonging or apper- taining, and the materials of which the same shall consist, and all materials, tools, and implements which the heretofore existing local boards, or any of them, is or are now seized or possessed of, or were entitled to, shall be vested in the rcspcctive local boards for the several road districts mentioned in this Act within which such main roads shall be situate, and shall be under the care, control, and

management of such local boards respectivrly.

All roads now existing, or which may be hereafter opened, and

which are not or may not be within the limits of any road district, . thereupon, and together with the bridges thereof, and all public works connected therewith, and the right, title, property, and interest therein, and in all lamps, direction-boards, milestones, posts, rails, walls, chains, fences, and other erections and buildings, with the appurtenances thereto respectively belonging or apper- taining, and the materials of which the same shall consist, shall be vested in the Commissioner, and shall be under his care, control, and management.

PART VIII.

PART

VIII.

QUALIFICATION AXD DISQUALIFICATION FOR MEM-

MADE; VACANCIES, AND HOW TO BE FILLED UP.

BERS OF LOCAL BOARDS; DECLARATION TO BE

of a local board of a road district, he must be possessed of freehold member of board:

26, I n order that any person may be qualified to be a member, Qualiscation of

or leasehold property of the ratable annual value of Fifty Pounds at the least, within the road district for which he may become a member, and must reside within the district for which he may be elected.

27, The following persons shall be disqualified from, and in- DisqutWcationfor

capable of, being or continuing members of the local board of any

membership of local

road district-

I. Any person convicted of any treason or felony, 07: for a mis- demeanor, for which sentence of imprisonment other than for the non-payment of any fine shall have been passed:

11. Any unmtificated insolvent:

111. Any person of unsound mind:

B-314.

Roads

Act.1884.

PAXT

VIIX.

IV. Any person holding any office or place of profit under any local board, or contracting, whether directly or indirectly, with any local board: Provided that no person shall be disqualified by reason of his being a proprietor or share- holder in any company incorporated under any Act of Parliament, or registered under any Act for the registration of joint-stock companies, which may have contracted with any local board; or by reason of any sale, lease, or pur- chase of any land, or any agreement for the same; or by reason of the snpply of any stone or other material quarried and taken from the land of any such person by any person other than the owner or occupier of the land: Provided also that no member shall vote or take part in the discussion of any matter in which he may be directly or indirectly, by himself or his partners, pecuniarily inte- rested.

Pen& on interested

28. Any member of a local board, who knowingly and wilfully

member voting.

shall vote upon or take part in the discussion of iny matter in or

before the board in which such member shall directly or indirectly,

by himself or his partners, have any pecuniary interest shall, on conviction, forfeit and pay for every such offence a sum not exceeding Fifty Pounds.

Declaration to be

29. No person shall be capable of acting as member of any local

made by members.

board, except in administering the declaration hereinafter men-

tioned, until he shall have made and signed, before one of the members, a declaration to the following effect :-U I,, do hereby declare that I will faithfully and impartially, according to the best of my skill and judgment, execute all the powers and authorities vested in me as a member of the Local Board of Main Roads for the Road District of, by virtue of the ' Roads Act, 1883,' and also that I am not disqualiticd as a member in terms of the

same Act."

Falsely doclaring

made rnisdemeanor.

30. Any person who shall falsely or corruptly make and subscribe

the declaration aforesaid, knowing the same to be untrue, shall bs

guilty of misdemeanor.

Penalty for acting as

31.

E v ~ r y

person who acts as a member of a local board, being

member when

incapacitated.

disqualified or incapacitated under the provisions hereof for being or continuing such member, or before he has made and subscribed such declaration as aforesaid, shall (save in case of disqualification or incapacity arising from unsoundness of mind) be liable for every such offence to a penalty of Fifty Pounds, and such penalty may be reco- vered by any person before two Justices, without any other evidence being required from the informant than that such person had acted as a member of such board in the execution of this Act; nevertheless all acts as a member of any person disqualified or incapacitated as aforesaid, or not having made and signed the declaration aforesaid, done previously to thc recovery of the penalty,

s h d

47" & 48" VICTORIA, No. 314.

11

Roads Act.-1 884,

shall be as valid as if such person had been qualified and capable, and

P A ~ T

VIII.

had made and subscribed such declaration.

32. The follgwing causes shall create au extraordinary vacancy Cause

wennoies.

in any local board-

Death or lunacy of any member:

Non-attendance by any member at the meetings of the board for

a period of six consecutive ordinary meetings:

Disqualification of any member as hereinbefore defined:

Resignation by notice, in writing, by the member resigning

delivered to the chairman or secretary of the board:

Refusal by any member to make or sign the declaration herein-

before prescribed:

The ceasing to reside by any member within the road district for

the local board of which he may have been appointed or

elected;

And, when any extraordinary vacancy shall occur in such board,

the board shall cause all necessary proceedings to be taken, as

hereinafter provided, for the purpose of filling such vacancy.

PART IX.

PART

rx.

--

ELECTIONS

33, Members of every local board, except the first members for Members to be elected

any road district who may be appointed pursuant to section eighteen fo'threeyears-

of this Act, and, except as is provided by section sixteen, shall be

elected as herein provided, or be appointed by the Governor as

herein provided, for the term of three years, in manner herein

contained.

34. The Municipalities and District Councils situated within any Members,hon~ec~ed.

road district, shall elect three members of the local board for such road district or such less number as by the next section is provided; and, in case any road district shall have no sueh Municipality or Council within its limits, then, and in such case, the Governor shall appoint all the members of the board for such district, and the persons so appointed shall be members thereof accordingly, to all intents and purposes, as if elected for the term of three years aforesaid.

35. I n case any road district, by this Act declared, or which Governor to limit

may hereafter be declared and defined by the Governor, as herein- ~

~

~

b

~

$

~

~

~

~

~

i

n

before provided, shall not be wholly comprised within the limits cases and

to appoint

of Municipal Corporations or District Councils, then, and in the remainder.

every such case, the Governor may by Proclamation limit the

number of members of the local board of such district to be elected

by the Corporations and Councils within such road district, and such

Corporations and Councils shall elect the number of members so

limited,

47' & 48' VICTORIE, NO. 314.

Roads

A c t. 1 8 8 4.

limited, and no more; and the Governor may appoint the other members for such road district, who shall hold office until the expiration, by effluxion of time, of the term for which the board is appointed.

J3ecretq of board to

36. Four months a t least before the expiration, by effluxion of time, of the period for which the members of any local board shall have been appointed or elected for any road district, the secretary of such local board shall forward to each District Council and Municipality within such road district a notice calling upozr such District Councils and Municipalities to exercise their right of election, and shall also cause a like notice to be published in the

election.

Government Gazette, and shall also forward to each District Council

and Municipality n nomination paper in the form given in the

Third Schedule here to.

Election, how eon-

37, Two calendar months at least boforc the expiration, by effluxion of time, of the period for which the members of any local board shall have been appointed or elected for any road district, evcry Municipal Corporation and District Council within the limits of such road district shall transmit to the chairman of such board a paper in the form in the Third Schedule hereto, or as near there to as circurnstanccs will pcrmit, nominating three persons, or such less number (if any) as the Governor may have declared to be the number to be elected, as members of such board, signed by the mayor and town clerk of each Corporation on behalf of the Corporation, and by the chairman and the clerk of each District Council, on behalf of the District Council; and the chairman of the board, at the first ordinary meeting of the board, held after the time hereinbefore appointed for nominating the persons afore- said, shall, in the presence of the board present at snch meeting, inspect such nolllination papers, and shall declare those persons to be elected who shall have received the largest number of votes,

ductad.

papers shall be preserved by the chairman of the board, and shall

according to thc scale hcrcinaftcr provided; and such nomination

be open a t all reasonable hours for inspection by any. member of a Municipal Corporation or District Council during thc period of three months next succeeding such election; and the board shall publish the names of the persons nominated, and the number of nomination papers in which such names were contained, and the number of votes given, in the Go?~ernment Gazette. No nomination paper shall be valid or reckoned in any way at any election which shall not contain the exact number of names of qualified candidates which may be required to fill the vacancy or vacancies about to occur.

I n case of an equal number of votes being given for two or more candidates for a seat upon any board, the chairman shall, in presence of the board, determine by lot which shall be elected.

give notme prior to

1Sde of

voting.

38. At every election of a member or members of a local board

every M~nicipality or District Council within the road district of

which

47" & 48" VICTORIW, No. 314.

Roads

Act.1884.

-

P A ~ T

rx.

which the ratable property is assessed at the annual value of less than Ten Thousand Pounds, shall have one vote for each person nominated, and every such Municipality or District Council of which the ratable property is assessed at the annual value of Ten Thousand Pounds or more shall have two votes for each person nominated.

39, If, at any such election a,s aforesaid, no members of the

If no election held, or

inauficient number

local board, or a less number of members of the board than hereby

elected, Governor may

required, shall have been elected, it shall bc lawful for the Governor

nominate.

to appoint a number of duly qualified persons equal to the number BO deficient, to be tnembers of such board, and such persons shall

be members thereof accordingly, to all intents and purposes, as if

elected as herein provided.

40, Whenever any extraordinary or casual vacancy in the office

Election to fill extra-

of member of any local board who shall have been elected in manner

ordinary vacancy.

herein provided shall occur, the secretary of the board shall forth- with give notice of such vacancy to each Municipality and District Council within the road district, and every such Municipality and District Council shall, within a time not less than four nor more than six weeks from the occurrence of such vacancy, transmit to the chairman of the board a paper in the form in the Third Schedule hereto, or as ne&r thereto as circumstances will permit, nominating a member to fill such vacancy; and every such election shall be he]&, and the voting and other shall be conducted, as nearly & possible in the same manner and subject to the same provisions as are hereinbcfore provided with respect to thc ordinary elections of mem- bers; and whenever any vacancy shall occur in the office of member of any such board who shall have been appointed by the Governor, the Governor may cause such vacancy to be filled by appointing a member. Every person elected or appointed under this section shall hold office until the expiration, by effluxion of time, of the period

for which the other members of the board have been appointed or elected.

PART X.

PROCEEDINGS OF BOARDS.

41, At the first meeting of every local board after the coming into Election of chairman4

operation of this Act, and thereafter at the expiration of every succeeding year, the majority of the members of such board then present shall elect a chairman, who shall continue in office for the period of one year; and in case such chairman shall die or otherwise cease to be a member of such board, the members of the board,

at their next ordinary meeting, shall appoint another chairman, and

the chairman so appointed shall continue in office so long as the person in whose place he was appointed would have been entitled to continue chairman; and if at any meeting of any board the chairman be not present, one of the members present shall be

elected

1.4

47' & 48" VICTORIS, No. 314.

Roads

Act .1884.

PUT

.

elected chairman of such meeting by the majority of the members present: Provided, that if at any meeting there shall be an equality

of votes in the election of the chairman. it shall be decided bv lot

which of the members having an equal ndmber of votes shall be the

chairman.

Meetingb be open

42, All meetings of every local hoard shall be open to the

to publc*

public, but it shall be lawful for the board to exclude or expel any person on aocou~t of his disorderly conduct. At all ordinary meetings of a local board, the mayor of each Municipality and the chairman of each District Council, respectively, situated within the limits of the road district of such local board, shall, ex oficio, have

the right to attend and be heard on all matters, but not the right of

voting.

Remuneration of

43. Each member of a board present within ten minutes of the

membem.

time appointed for any meeting, not being an adjourned meeting, and remaining until the business is concluded. shall be paid the sum of One Shilling per mile in going from his place of residence

to such meeting, and Twenty-one Shillings for every such atten-

dance: Provided that none of such payments shall be made for more than one meeting in each month: Provided, however, that if any special visit by any of the members of the board to any road

shall be deemed advisable by resolution of the *board, reasonable

travelling expenses, as approved by the Commissioner of Main Roads, shall be paid: Provided also that, if any meeting, not being an adjourned meeting, shall lapse owing to there being no quorum of members present, the members actually attending and remaining in attendance for the space of an hour shall be entitled to the payment aforesaid in respect of such attendance. All payments under this section shall be made out of the general revenue of the province.

Questions at board

4.

At all meetings of any local board the questions there con-

mmting~

to be decided sidered shall be decided by open voting by the majority present,

by opon voting.

and if there be an equal division of votes upon any question, the

chairman, or any member acting as chairman at such meeting, shall,

in addition to his own vote as member, have a second or casting

vote.

Quorum.

45. All powers vcsted in any local board under this Act may be exercised by any three or more of the members present at any meeting holden in pursuance of this Act, and no business shall be transacted at any meeting of the board unless three members be present.

Ordinary meetinge,

46. Every local board shall hold one meeting at least in each

month for the transaction of general business, at such place within the road district, and at such time as each board shall from time to time appoint; andwhen any such appointment is made, the secretary shall give notice thereof to each member of the board, and each member shall afterwards, until the time or place of such meeting is

changed

Roads

Ac t. 1884.

changed and notice of such change duly given, attend such meetings

P-

X.

without notice.

47. The members present at any meeting, or at any adjourned Meetingsmw

meeting, may from time to time adjourn such meeting; and if at any

adjourned.

meeting of any local board there be not present, within one hour after the time appointed for such meeting, the number of members hereby authorised to exercise the powers vested in the board, the members present, or any one member, if only one be present, or the secretary of the board, if no member be present, may adjourn such meeting to another day, not being more than fourteen days from the day of such adjournment, and of which notice shall be given to the members of the board by the secretary.

48. The ordinary meetings of a local board shall be held for Ordinarymeetings.

transacting the business for the purpose of which the board is appointed, and for giving such directions as from time to time may be necessary for carrying into effect the purposes of this Act.

49, The chairman or any two members of any local board Specialmeetings.

may at any time, by writing under his or their hand or hands, require the secretary to convene and call a special meeting of such board, and shall therein state the business proposed to be transacted at such meeting; and thereupon such secretary shall convene such meeting by forwarding to each member of such board, at his usual place of abode or business, a notice in writing, stating the time and

lace of such meeting, and also the business for which such meeting

is called, at least four days before the time appointed; and, a t such meeting, no business shall be transacted other than that stated in such notice.

50, Any member wishing to revoke or alter a resolution of a Resolutionsof board,

how revoked.

local board may give notice thereof to the secretary who shall give notice thereof to each member of the board at least seven davs before the holding of the meeting at which such resolution is

posed to be revoked or altered.

No resolution shall be revoked or

altered except by an absolute majority of the whole board.

51, A local board may at any meeting from time to time Committw may be

appointed.

appoint committees for any purposes which, in the opinion of the board, would be better regulated and managed by means of such committees; and they may fix the quorum of such committees, and they may continue, alter, or discontinue such committees or any of them.

52. Every committee so appointed may meet from time to time

and may adjourn from place to place, as they may think propex, for b,,,,,.

carrying into effect the purposes of their appointment; but no

business shall be transacted at any meeting of the committee unless

the quorum of members (if any) kxed by'ihe local board (and if no

quorum be fixed, unless three members) be present: At all meetings

Committse~, quorum,

' how to conduct them

of

4 7 O & 48" VICTORIE, NO.

314.

P m

X.

of the committee one of the members present shall, by the majority

of voices, and if they be equally divided, by lot, be appointed chair- man, and all questions shall be determined by the majority of the votes of the members present; and in case of an equal division of votes, the chairman shall have a casting vote in addition to his vote

as a member of the committee.

h e d i n not in-

53. No proceeding of a local board or of tt committee shall be

validated y vacancy invalidated or be illegal in consequencc only of there being any

P

vacancy in the number of members at the time of such pro-

ceeding.

Pme*g8

of b m h

and commxttme v&-

54- All proceedings of a local board, or of a committee thereof, or of any person acting as a member thereof, shall, notwithstanding it afterwards appear that there was some defect in the election or appointment of the members of the board or persons acting as afore- said, or that they, or any of them, were incapable of being such members, be as valid as if every such person had been duly elected or appointed and was capable of being a member of the board.

dated.

Minute8 of pmced-

55. A local board shall cause entries of all the proceedings of

ings.

the board, and of every committee appointed by them, with the names of the members who shall attend each meeting, to be duly made from time to time in books to be providcd for the purpose, which shall be kept by the secretary under the superintendence of the board, and every such entry shall be signed by the chairman of the meeting following that a t which the proceedings took place; and every entry purporting to be such entry as aforesaid, and to be so signed, or a copy thereof, or extract therefrom, certified under

the hand of the secretary of the board, shall be received as cvidence

in all Courts and before Justices, without proof of such meeting having been duly convened or held, or of the persons attending such meeting having been or being members of the board or of any committee respectively, or of the si,gnature of the chairman, or of

matters shall be presumed until the contrary be proved; and such tthe fact of his having been chairman, all which last-mentioned

books shall at all reasonable times be open to the inspection of any

of the members of the local board. At every meeting of each board the secretary shall produce to the members present the cash-book and bank pas$-book of the board, and the same shall be inspected

and initialled by the chairman. A copy of the minutes of every meet-

ing of each board, certified by the secretary thereof, shall after each

meeting be forwarded by the secretary to the Commissioner.

YABT XI.

PART XI.

OFFICERS AND BY-LAWS.

Board may appoint

56. Subject to the approval of

the Commissioner of Main Roads,

rfifcers.

any load board may appoint and employ a secretary, surveyor, vduator, asd all such other officers to assist in the execution of this

Act

47' & 48" VICTORIW, NO.

314.

Roads

A c t. 1 8 8 4.

Act as the said board may deem necessary or expedient, at fair

PART XI-

salaries or remuneration, payable out of the monevs received . A " by any such board for the purposes of this Act; and may from time to time remove any of such officers, and appoint others in the room of such as shall be so removed, or as may die, resign, or discontinue their offices.

57. No member .of a local board shall be capable of being or Yembem of board not

continuing secretary or treasurer, or any other officer, as in the last

be

board.

preceding section mentioned, of any local board*

58. Before the secretary or any person entrusted by a I O C ~

omcera to g i ~ ~

board with the custody or control of moneys by virtue of his office " c ~ t ~ q

shall enter upon such office, the said board shall take sufficient

security to the satisfaction of the said board for the faithful execu-

tion of such office, and for the due accounting for, application, and

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

59. Every officer employed by a local board who shall exact, on ogi,,,

bomd ex-

account of anything done by virtue of his office or in relation to the

&c-# liable

matter to be done under this Act, any fee or reward whatsoever, other than the salary or allowances allowed by the said board, or who shall be in anywise concerned or interested in any bargain or contract made by the said board, shall be incapable of being after- wards cmployed by any local board, and shall on conviction for every such offence forfeit and pay a penalty not exceeding the sum of Twenty Pounds.

60. Every officer appointed or employed by a local board under Officera when 1.0-

the authority hereof, shall, from time to time, when, and in such quBd

accoU1lt

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 account in writing under his hand of all moneys received by

him on behalf of such board, and such account shall state how and to whom and for what purpose such moneys shall have been dis-'

posed of ; and together with such account such officer shall deliver

the vouchers and receipts for all payments, and every such officer shall pay to such board, or to any person authorised to receive the same, all moneys which appear to be owing from him upon the balance of such accounts.

61. All claims by or on the part of any local board to any moneys funas

Officer

or

retaining

vouchors,

due and owing from any such officer, or to any vouchers, orders, &, ymeeded receipts, papers, writings, property, and effects whatsoever retained agAst fiumarily- or not duly accounted for by any such officer, may be heard and de-

termined by any two or more Justices in a summary way; and such Justices may order the delivery of any account, and payment of any sum of money appearing due from, and the delivery of any vouchers, orders, receipts, papers, property, and effects retained or not accounted for by, such officer, or the payment of any sum of money upon the non- payment or non-delivery thereof; and such order may be enforced in

C-3 14

the

18 47" & 48" VICTORIW, No. 314.

Roads

A c t. 1 8 8 4.

PART XI*

the same manner as a summary conviction by any two or more Justices; and any moneys, vouchers, orders, receipts, property, and effects mentioned in any order shall, when received or recovered, be paid and delivered to such board.

Juatioes may oommit

62. If any such officer shall, when ordered by any Justices as

to gaol,

aforesaid, refuse to make out such account in writing, or to produce and deliver the several vouchers and receipts relating thereto, or to deliver up any books, papers, or writings, property, effects, matters, or things in his possession or power, belonging to a local board, it shall be lawful for such Justiccs, at their discretion, to commit such offender to gaol, there to remain until he shall have made out such account, and delivered up all the vouchers and receipts in his posses- sion or power relating to such accounts, and the books, papers, writings, property, effects, matters, and things in his possession or power belonging to the said board.

Perrtons entrusted

63, Every person who, being entrusted with the receipt or disposal

with money fraudu-

of money under this Act, shall? with intent to defraud, disposc of

l,tl,

disposing

same guilty of

larceny.

or retain in his own possession, or apply to his own use, any money, with the receipt or disposal of which he shall have been so entrusted as aforesaid, shall be guilty of larceny, and may bc convicted upon an information for larceny and punished accordingly.

by-laws.

Board may make

64. Every local board may (subject to the provisions of this Act)

from time to time make, and, when made, alter, add to, and repeal

by-laws for all or any of

the following purposes, that is to say-

I. For the purpose of regulating the proceedings at their

meetings:

11. For regulating the duties and conduct of their officers and

servants:

111. For providing for the due management of their affairs:

iv. For regulating the traffic of carriages upon any road under

their control: and

v. Generally for carrying the purposes of this Act into

execution:

All such by-laws shall be reduced into writing, and shall be signed by the chairman of the board, and shall, when published in the

Government Gazette, have the force of law until they be altered or

repealed by the board or revoked by the Governor.

The production of a copy of any by-law purporting to be certified by the secretary of any local board to be a true copy of a by-law for 6he time being in force shall be evidence of such by-law, and of the due making thereof, and of its being in force in d courts of law and before Justices.

may repoke

by-laws.

66. The Governor may at any time revoke any such by-laws, and

eveq

47' & 48' VICTORIR, No. 314.

Roads

A c t. 1 8 8 4.

every order by which any such by-laws shall be revoked shall be

P A ~ T

XI.

published in the Government Gazette, and shall take effect from the

time of such publication.

66, Every local board may, by such by-laws, impose such BY-laws may impose

penalties,

reasonable penalties upon all persons whomsoever offending against such by-laws or regulations as the said board may think fit, not exceeding Ten Pounds for any one offence, and every such pendty

shall be recoverable before any two or more Justices of the Peace in

a summary way.

PART XII.

CONTRACTS.

Municipality, or District Council, may enter into contracts with contract.

67, A local hoard, the Commissioner of Main Roads, or any Localboard may

any person or persons for the execution of any works directed or authorised by this Act, or for furnishing materials, or for any other things necessary for the purposes hereof, and every such contract shall be in writing, and shall specify the work to be done and the materials to be furnished, and the price to be

paid for the same, and the time or times w&hin whick the work

is to be completed, and the penalties to be suffered in case of non- performance thereof; and every such contract shall be executed by the chairman in the nslmc and on behalf of and under the seal of the board or by the said Commissioner, or by the Municipality or District Council, and, being duly executed by the persons con- tracting to perform thc works thercin comprised respectively, shall be effectual in law, and shall be binding on all parties thereto, their successors, heirs, executors, administrators, or assigns, respec- tively, as the case may be.

I t shall not be lawful for any local board except as mentioned in section 82 of this Act, to enter into any contracts or agreements

Boards not to have power to borrow or

anticipate funds.

68,

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 no local board shall, by way of mortgage, debentures, or otherwise, borrow, or, from any source, anticipate its funds in any manner whatever.

69, Before any contract for carrying out any of the purposes

of this Act, to the amount of Fifty Pounds or upwards, shall be

entered into by any local board or the Commissioner of Main Roads, ten days' notice at the least shall be given in the Government

~azc t l e; expressing the purpose of such cc&xact, and inviting any

person willing to undertake the same to tender for that purpose to such board or said Commissioner, and the board or Commissioner may accept the tender which, upon a view of all the circumstances, shall appear to be most advantageous, and shall take security for the

due and faithful performance of every such contract.

70, Any

47" & 48" VICTORIE, No. 314.

Roads Act.-1884.

PART xrr,

70. Any local board, the Commissioner of

Main Rods, or any

compo~nd.iug

Municipality or District Council, may compound with any person

b?wcheBOf

who has entered into contract, or against whom any action or suit has been brought for any pendty contained in any con- tract, or in any bond or other security for the performance thereof, or on account of any breach or non-performance of any contract, bond, security, or other recompcnsc, as the board, Commis- sioner, Municipality, or District Council may think proper.

PAXT xxxx.

PART XIII,

REVENUE.

Revenue.

71. The revenue of each road district shall consist of the moneys apportioned to each such district by the Commissioner of Main Roads, out of the sum or sums of money which may be voted by the Yarliament of the said province for the construction and maintenance of the main roads of the said province; and all such moneys shall be carried to the account of a fund to be called The Road District Fund," and such fund shall, subject as aforesaid, be applied by the local board towards the construction, maintenance, and keeping in good repair of the main roads within the road district of every such board, and in the payment of all expenses necessarily incurred in carrying this Act &to execution, a n d of doing and p&forming all acts and things which the said board are or shall be by this or any other Act empowered or required to do or perform out of their revenue.

Appropriation of

72, Each local board shall, as soon as convenient after any

moneys voted.

money shall have been voted, as in the last preceding section is mentioned, give at least three weeks' notice to each Municipality and District Council comprised within the road district for which such board is appointed or elected, of its intention to appropriate

the money so voted to the roads within such district, and of the

day on which such appropriation is t:, be made; and at a meeting

of the board upon the day named in such notice, or at an adjourn- ment of such meeting, of which adjournment the like noticc shall be given, the board shall appropriate such money to such roads in such manner as shall then be decided; and the money appropriated to any particular road or portion of a road, shall, so far as possible,

be spent upon such road or portion only.

Moneya to be paid

73. All moneys of each local board shall, within three days after they shall have come to the hands of the officer appointed by the board to receive the same, be paid into such bank as such board shall from time to time have appointed for that purpose; and no such money shall be drawn out of such bank save by cheque signed by the chairman of the board if present, and one other member thereof, or, if the chairman be absent, bv two members. and. in all cases, countersigned by the secretary 'of \he board, or bi such'other person as the board may appoint.

into a bank.

47' & 48" VICTORIW, NO. 314.

21

PART XIV.

PART

xrv.

AUDIT.

74. The Commissioners of Audit shall carefully examine the Auditors'

accounts and balance-sheet of each local board once at least in each year with the books, papers, and vouchers of the board, and correct or alter the same, as may be found necessary, and may call for and require the production of all books, papers, documents, and vouchers, the property of or in the possession or under the control of the said board or any officer thereof.

PART

XV.

PART xv.

ACCOUNTS.

75.

Proper books of account, according to a form to be supplied Bmb tobe ksy4 and

to be open for rnspec-

by the Commissioner of Main Roads, shall be kept by every local ,

board, for the purpose of entering all sums of money received and

paid by every such board, under and by virtue of this Act, which

books shall at all times be open to the inspection of the members of

such board, and to the said Commissioner, and to any person

authorised by him.

.

,

76. Every local board shall cause to be kept true and regular Accounb to be kept

accounts of all sums of money received and paid by the board under b wrsemenki, which

of receipts and dis-

for

and by virtue of this Act, and of the several purposes for which such

inspection.

sums of money shall have been received and paid, which accounts shall, at all reasonable times, be open to the inspection of every member of the said board, and a l b to the (~ommissioner of Main Roads, and any person authorised by him; and such accounts shall be balanced oncc at least in every year, and be delivered to and be Statementof s c c o ~ t s

audited by the Commissioners ofUkudit,

and,

being so audited, shall

~

~

~

f

~

~

~

$

~

~

~

e

be produced at the annual meeting of the gaid board, or at some

V

adjournment thereof.

77. Every local board shall, once in every year, cause an annual made

h u 3

up

accounts

and trans-

tobe

account in abstract to be prepared, showing the total receipt and ex- ~ t k d

totheCo&-

penditure of a11 funds received by virtue of this Act, for the year sioner

and

to of

be

Main

open

Roads?

to in-

to spe~tion..

ending on the day down which their accounts shall have been to the Commissioner of Main Roads for the said province within one month after the same has been duly audited, and the said account shall be open to the inspection of the public at all reasonable hours; and a copy of such account shall be published in the Government Gazette.

made up as aforesaid, under the several distinct heads of receipt and

expenditure, with a statement of the balance of such account, duly

audited and certified by the chairman of the board, and also by the

PART

47" & 48" VICTORIJE, No. 314.

Roads

Act .1884.

PUT xn.

PART XVI.

DUTIES, POWERS, AND PRIVILEGES OF LOCAL

BOARDS AND COMMISSIONER OF MAIN ROADS.

Boards to construct

78. Every local board shall, out of such moneys as shall from time to time be voted by the Parliament of the said province, and so far as such moneys will enable them so to do, construct, form,

main made.

drain and metal such of the main roads of the said province set

forth in the Second Schedule hereto, as are comprised within the district under the control of such board, and may drain the water falling or flowing into such roads, or off the same, into the adjacent lands, paying such compensatiou as may be awarded by any two Justices in a summary way: Provided that no compensation shall be payable when the drainage follows the natural fall of the water.

hcalBmato~*

and maintain. in good

79. From and after the commencement of this Act the local board of every road district shall, out of and so far as their revenue will enable them so to do, repair and maintain and keep in good repair all main roads within the district for which such board shall hare been appointed or elected, and all bridges and public works thereupon or connected therewith.

repair main road^.

Defaulting local

boards.

80. The Governor, if it shall appear to him that any local

board refuses or neglects to perform the duties and functions by

.

this Act imposed and conferred upon local boards, or refuses or neglects to repair, maintain, and keep in good repair the main roads within the district for which any such Local Board may have been appointed or elected, or ht~s misappropriated, or has appropriated for any purpose not contemplated by this Act, any of the moneysat its dis- posal, or any part of its revenue, may, by Proclamation, suspend the powers and functions of any such local board; and immediately thereupon the powers, duties, and functions of the board shall absolutely cease, and shall become vested in and be exercised and

exercisable in all respects by the Commissioner of Main Roads

until the Governor shall, by Proclamation, permit the said local

board to resume and exercise its powers, functions, and duties. And in the event of any board refusing or neglecting after such permis- sion to resume and exercise its powers, functions, and duties, the Governor may abolish such board and appoint a fresh board for the period of time and in the manner directed for the appointment of the first local boards under section eighteen of this Act.

Hhmb

whw no

longer main roada, to

81. Whenever any road, or portion of a road, without being closed

be handed over to

as hereinafter provided, shall cease to be a main road, notice thereof

councileA

hall be given by the board. in the Government Gazette. and also to the diff&ent ~ & t r i c t ~oun&ls (if any) within the limits of which such road may pass, and such road or portion thereof shall thereupon be vested in such District Councils: Provided also that, if such road or any portion thereof shall be the boundary or boundaries of any adjoining District Councils and Municipalities, or either of them,

such

47" & 48" VICTORIW, NO. 314.

such District Councils or Municipalities shall jointly have the care,

PUT xvr.

control, and management of such road or portion thereof.

82. Local boards, subject to the consent of the Commissioner

tiona of main m& Maintenance of por-

of Main Roads, or the Commissioner of Main Roads, may, at

may be let b contract

their discretion, let and entrust the maintenance and repairs of any

foratermo yeara

F

portion not exceeding ten miles in any one contract in length of any main road within their respective districts, for any period not exceed- ing five years, to any person or persons, and may from time to time pay such person or persons out of the ordinary revenue of the local board, or out of such other fund, as may be available to the said Commissioner, the amount agreed to be paid for such maintenance and repair: Provided always, that the maintenance and repair of such portions of main roads shall be let by tender, in manner pro- vided by section sixty-nine of this Act.

83. Whenever the Commissioner of Main Roads. or anv local

Proceeding8 in wspeot

boird, shall have finally determined on the exact course a id bear- roBd8.

of course of main

ing of any deviation of any main road or portion of a main road, such Commissioner or local board, respectively, shall cause to be de- posited in the office of the Surveyor-G-eneral, survey maps and plans describing the course and bearings and admeasurements of the same, and when and so often as any such survey maps and plans are deposited, shall cause notice thereof to be published by advertise- ment in the Government Gazette, setting forth such particulars as may be sufficient generally to describe such road or portion of a road, and referring to the survey maps and plans deposited as afore- said, and such maps and plans shall be open to public inspection, and the same, or copies thereof, certified under the hand of the Surveyor-General, shall be evidence in all legal proceedings: Pro- vided that it shall not be necessary for the said Commissioner or local board to cause any maps and plans to be deposited in reference

to any roads or portions of roads of which maps and plans shall

heretofore have been deposited under the provisions of any Act hereby repealed; and such maps and plans so heretofore deposited

shall have the same force and effect as if the same had been

deposited under the provisions hereof.

84. Any one or more of the following acts may be done by the Powera of closing and

o~e-gl

Commissioner of Main Roads, any Municipality, or District or from time to time, that is to say-New roads may be opened; existing roads, or any part thereof, may be altered or added to, or closed wholly or in part; partly closed roads, or any part thereof, maT be exchanged for lands required for new roads or alterations, or may be sold, and deeds of exchange, conveyance, memoranda of transfer, or other assurances may be duly executed therefor, or, where within the jurisdiction of a Municipality or District Council, may be retained as the property of the Municipality or Council, and at any time sold or exchanged for other land required for roads, or corporate or district purposes, or may be dedicatedto corporate or distrih purposes.

85. Nothing

Roads Act.--1884.

P a r xvx.

--p

85, Nothing in this Act shall authorise the Commissioner of Main

~ m a e n,

parkJ avenue Roads, any local board, Municipality, or District Council, to take

*ottoaeMen. or make use of, or order or direct any road to be made in or

through any garden, orchard, yard, park, planted walk, or avenue to

a house, or any enclosed ground planted as an ornament or shelter to

a house, or for ornamental purposes, under the provisions of The Ornamental Grounds Act, 1881," or planted as a nursery for trees,

or any part thereof respectively, without the consent, in writing, of

the owners and of the occupiers (if any) thereof first had and

obtained.

Incorporation of

86. For all purposes relative to the acquisition of lands required

for works undertaken under the authority hereof, and to the com-

Lands

eoMation

CbweB

A C ~.

pensation to be made for the same, the Lands Clauses Consolidation Act, and any Act or Acts amending the same, shall be deemed to

be incorporated with this Act, and shall be construed together

herewith as forming one Act, and the expression " promoters of the undertaking," when used in the said Acts, or any of them, shall mean the Commissioner of Main Roads, or any Municipality, District Council, or local board acquiring the land in question, and the words cc Special Act," whenever used therein, shall mean this Act.

No order for exchange

of roads to be made

87, No order for the exchange of any land required for new

without writtenape-

roads shall be made unless an agreement for that purpose shall first

ment.

have been entered into with the owners and occupiers (if any) of the land so required, which agreement shall be in the form in the Fourth Schedule to this Act, or as near thereto as circumstances will permit.

hoceedinga to open,

88. The proceedings of any local board, Municipality, or

alter, add to, oloae,

District Council, to open new roads, or alter, add to, close, sell

sell, &C.,

roads by

local board, Munich

or exchange existing roads shall be as follows :-A

survey plan

palitiea, and District

Council.

shall be deposited with the Surveyor-General, at his office, in Adelaide, showing the exact position, boundaries, bearings, and

admeasurements of proposed new roads, alterations, additions, and the

roads or parts proposed to be closed; 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 the time of depositing the said plan as aforesaid a fee of Five Pounds Five Shillings shall be paid to the Surveyor-General for the use of Her Majesty.

Dudesof B r n e w -

89.

On receipt of

such plan the Surveyor-General shall cause to

General on receiving

plane.

be prepared and inserted in the Government Gazette, a notice, for four consecutive weeks, containing the following information, namely :-A general description of the proposed alterations, ~eferring to the aurvey plan, the names of owners or occupiers of any lahd affected (so far as known), the date and place of meeting of

the Commissioner of Main Roads and the Surveyor-General, or of the

local board, Municipality, or District Council, as the case may be, to

decide

47" & 48" VICTORIE, NO: 314.

Roads

A c t. 1 8 8 4.

decide upon effecting the object stated in such notice, and printed - P ~ m

copies of such notices shall, as soon as possible, be forwarded by

thc Surveyor-General to the persons whose names appear on such

notice as owners or occupiers of any land affected by the pro-

posed alterations, such notices being forwarded through the

medium of the General Post Office, directed to such persons a t

their last or most usual known place of abode in the said province,

or if that be not known, then to the place where such proposed

alterations are to be made; and any person may, within forty days

after the first publication of the notice, by writing addrcsscd and

served on the said Commissioner or on the local board, Munici-

pality, or District Council, his or their secretary nr clerk, or delivered

at his or their office, as the case may be, give notice of m y objec-

tion: Provided also, that a copy of such notice shall be forwarded to

the Surveyor-General.

90. The proceedings of the Commissioner of Main Roads to ;''''$'?f::?

open roads, and alter, add to, or close existing roads, or sell and B O ~ ~ S

to opm, alter,

effect exchanges,,shall be the same as are prescribed by the pre- &C.,

roads.

ceding clause of this Act, except that instead of the meeting of the local board, Municipality, or District Council, hereinafter directed to be held, the said Commissioner, 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 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 support his objectious.

,

91. At the time and place fixed by such notice, the Commissioner Proceedings before

local board, Muniri-

of Main Roads, together with the Surveyor-General, shall hold s

pality, District Coull-

meeting, or the local board, Municipality, or District Council, shall +l, m d Commis-

hold a meeting, and shall then, or at any adjournment of such sioner.

meeting, consider the opening of the proposed new road, or alteration

of or addition to old road, or closing of road or portion or portions of

old road, and any objections thereto; and any person objecting, who

shall have served or delivered such notice as aforesaid, hereinbefore provided, may personally, or by counsel, attend any meeting and support his objections.

92. Should the opening of the proposed new road, or proposed Proceedingu if open-

ing, alteration, adtli-

alteration of or addition to old road, or proposed closing of portion tians,

allowed,

or portions of old road, or any portion thereof respectively, be allowed by the local board, Municipality. or District Council, at such meet-

ing, or any adjournment thereof, or by the Commissioner of Main

Roads at such public sitting or at any adjournment thereof, they or he shall make an order to that effect, which order shall be in duplicate, and shall be in one of the forms Nos. 1, 2, or 3, in the Fifth Schedule to this Act, or as near thereto as circumstances will permit; and such order shall be forthwith forwarded to the Csm-

missioner of Crown Lands and Immigration for confirmation by the Governor, and unless such order shall be duly confirmed by

D-314.

the

47' & 48" VICTORIA, No. 314-

Roads Act.-1 884.

PART xvr.

the Governor, within a period of six calendar months of the date

of the meeting at which such order was made, the same shall be

utterly void to-&

intents and purposes whatever.

Notice of confirms-

93, On the colifirmation by the Governor of any such order as

tiOntO

Gouernment

bepub'isheain

Oazette.

aforesaid, a notice of such confirmation shall be forthwith published in the Government Gazette, which natice shall be in the form No. 4 in the Fifth Schedule in this Act, or as near thereto as circum- stances will permit; and the publication of such notice shall be sufficient evidence of the due confirmation of any such order, and

m e e t of c o n h a t b. thereupon any land or area to be

taken for a new road or part

of a road shall become dedicated to thc public and be under the control and,managernent of the Commissioner of Main Roads or the local board, Municipality, or District Council, as the case may be, who shall also then be authorised to pay or receive any money agreed on for equality of exchange, and any land by the order ordered to be vested shall be vested in the pcrsori and for the estate therein mentioned; but should such order not be confirmed within the time above limited, any agreement for exchange shall

be absolutely void.

If road closed owncr

94.

In the event of

any portion or portions of road being ordered

may acquire same.

to be closed ns afbresaid, it shall be lawful for the owner or owners

of the adjoining lands, if they shall think fit, to acyuirc the same road or such part thcreof as may adjoin their land resp~ctively, either in exchange or at such price as way be fixed bv agreement or by the vided in the Lands Clauses (lonsolidrttion Act, or in any Act said order, or in the event of any difference, );y arbitration, as pro-

amending or re-enacting the samc; and it shall bc lawful fbr the Commissioner of Crown Lands and Immigration of the said province to malic and issue to the person acyuirin? such land a certificate of title in duplicate in the form in the SlxtB Schedule

t o this Act, which shall, upon being signed, be delivered to the

Registrar-General; and the purchase-money, dectucting the necessary

expenses (if any) shall be paid to the local board of

the road district,

the ~ u n i c i ~ a l i t ~, or District Council having the care or control of the roads so closed, or to the Treasurer of the said province, as the case may

be: Provided that any Municipality or District Council may

reserve any such road, or may, after reserving any such road, sell

the same to the person entitled to buy the same.

Oraer8 when made to

be in duplicate.

95. All orders intended to operate to vest any estate or interest

in lands under or bv virtue of this Act shall be in dunlicate. and

one copy thereof slcall forthwith be transmitted by the iocal board, Municipality, District Council, or Commissioner of Main Roads, as the case may be, who shall have made such order, to the Surveyor- General: Provided that no order so made shall be so transmitted

until after confirmation by the Governor.

be dsosdaY cornss- 96. Upon the receipt of any order under the provisions of this

Certificate of title to

on er of cmwfi

Act, vesting land, the Commissioner of

Crown Lands and Immigra-

Xmds.

tion

47° & 48" VICTORIA$ No. 314.

tion shall, on being satisfied that the proceedinqs are regular, cause separate certificates of title, on parchment, in the form in the Seventh Schedule to this Act, to be issued in duplicate to whomsoever shall be entitled to any old road closed by such order, and the said Commissioner? after signing such certificate, shall deliver the same to the Registrar-General.

97. Upon receipt of any certificate of title under the provisions of this Act, the Registrar-General shall, after the expiration of three calendar months from the date of the order, bind up one of the cer- tificates of title as ;I scparxte folium of the register book, and shall register the same under the provisions of the Real Property Act of 1861," and any Act amending or re-enacting the same, and shall deliver the other certificate of title to whomsoever shall be entitled thereto.

General.

Dutiee of Registrar-

98. Upon receipt of rt certificate of title under this Act, aud

Registrar-General to

enter particulars of

before binding thc same, in ;my case where the land comprised in

land on former car- tificateil of title, and

such certificate is comprised in any prior lnnd grant registered under

deposited plans.

the L ' Real Property Act of 18fi l ," or in any certificate of title, the Registrar-General shall obtain from the Surveyor-General, who shall furnish the same, particulars of the width, length, bearings, and admeasurements of the land, and shall make any alterations that may Fe necessary on any deposited plan, and also make an entry in the register book on the prior land grant or certificate of title, aud in the plan on the margin thereof, correcting and cancelling the same, so far as such land is concerned; and shall require the regis- tered proprietor, or any mortgagee or encumbrancee who may hold the same, to deliver up such grant or certificate of title for the purpose of being cancelled or corrected.

Every such registered proprietor, mortgagee, or encumbrancee

who shall neglect or refuse to deliver up such grant or certificate of

title for such purpose within one week after thc Registrar-General

shall have demanded the same, shall be liable to a penalty not

exceeding Tcn Pounds for every day during which such neglect or

refusal shall continue.

99, After registration of any such certificate of title as hereinbe-

apply to land for

Real Property Act ta

fore provided, the provisions of thc '' Rcal Property Act of 1861,"

which certificate of

and any Act amcnding or re-enacting the same shall be applicable to

title has issued.

the land therein mentioned, to all intents and purposes whatsoever, as fully as if the said land had been brought under the provieions

of euch Act upon the application of a proprietor,

and the cer-

tificate of tit$le,

shall be conclusive evidence in every

Court of Law

that the land and estate therein described is vested

in the person

therein mentioned.

100, No order purporting to bc! made under the provisions of

No order upon which

certificate of

title

this a c t shall! after the registration of any such certificate of title

granted to be removed

as aforesaid, be removed or removable into the Supreme Court; but

into Supreme Court

before

47" & 48" VICTORIE, No. 314.

-

Roads Act.-1884.

PABT

X ~ I. before making any order, the local board, Municipality, District

Council, or Commissioner of Main Roads, may reserve any question

of law for the consideration of the s u p e k e court, and if any such

4 7 O & 48'

VICTORIB, NO. 314.

47

Roads Act.-1884.

25. From junction of North and East-terraces, Adelaide, via MacDonnell bridge,

to join the North-Eastern-road a t or near Houghton Hollow, and from main road a t

Houghton to join main road a t Inglewood.

NEW MAIN Roor.

26. From the North-Eastern-road, at Stony Creek, via Mount Pleasant and Eden Valley, to join the Angaston branch, at Keyneton.

27. From main road, :it Mount Plcauant, via Cook's Hill (near section 655, hun-

dred of South Rhine), to the Murray Flats, and thence northwards along the foot of the ranges to the South Rhine River.

28. From main road at Eden Valley, via Flaxman's Valley, to join the Angaston branch, near An,

maston.

29. From the Angaston branch, a t Sedan, to the River Murray, near Punyclroo.

30. From main road, at Williamstown, via Maidstone, to join the North-Eastern-

road near Chain-of-Ponds.

31. Eastern-road.-From

main road, at the Maid-and-Magpie, via Magill, Lobethal,

and Mount Torrens, to the North-Eastern-road, at South Petherton.

32. From the Eastern-road, at Mount Torrens, to join the North-Eastern-road, near Blumberg.

33, Balhannah-road.-From

the junction of South and East terraces, Adelaide,

via the Greenhill, to join the Woodaide branch, at Ralhannah.

34. From the South-Eastern-road, at the new lunatic asylum grounds, near the north-west corner of section 265, hundred of Adelaide, to Dequetteville-terrace, Kent Town, near the north-west corner of section 262.

35. From near the 19th milepost on the North-Eastern-road, via Cudlee Creek and Lobcthal, to join the Woodside branch.

36, South-&stern-rod-From

South-terrace, Adelaide, aia Glen Osmond, Crafers,

Echunga, Macclesfield, Strathalbyn, Langhorne's Bridge, and Wellington, to the

River

Murray.

3 6 ~.

From No. 36, at Stirling, to the Mount Lofty railway station.

37. From thc South-Eastern-road, at Xchunga, to join the Nairne branch, a t Hahndorf.

38. From the South-Ertstcrn-road, at Echunga, to join the Mount Barker branch, at Mount Barker.

39. Nairne Bra?zch.-From

Aldgate railway station, on the South-Eastern-road,

via Hahndorf. Littlehampton, Bbakiston, Nairne, Kanmantoo, and Callington, to

the eastern boundary of district No. 1, at the River Murray Bridge.

40. From the Nairne branch, at Nairne, to the Woodside branch, at Woodside.

41. Mount Barker Brmd~.-From a point near the 20th milepost, on the Nairne branch, viu Mount Barker, Bugle Ranges, and bridge at Cross's (Red Creek, section 1266, hundred of Strathalbyn), to join the South-Eastern-road, in the hundred of Rrinkley, with a branch through Gawler-street, in Mount Barker, to the Nount Barker railway station,

42. From Strathalbyn, to join thc Nairne branch, at Callington.

43. Woodside Branch.-From

near the 15th milepost, on the Nairne branch,

via Balhannah, Oakbank, and Woodside, to join the Eastern-road.

44. Milany Branch.-From

the South-Eastern-road, near Relvidere, to Milang jetty.

45. From Ford's railway station to junction with the North-road.

46. From near the 29th milepost, on the Mount Barker branch, to join the

South-Eastern-road, at Langhorne's Bridge.

47. Meadows Branch.-From

the South-Eastern-road, a t Echunga, to join the

Rull'a Creek-road, at the Meadows.

48. Bull's Creek-road.--From

South-terrace, Adelaide, uia Unley, the foot of

Shepley's Hill (section 1035, hundred of Noarlunga), Coromandel Valley, Clarendon,

,Meadows, Bull's Creek, and Currency Creek, to Goolwa,

49. Strczthalbyn Branch.-From

Strathalbyn to junction with the Bull's Creek-

road, at the Rlack Swamp.

50. IIuppy Valley Branch.-From

the Bull's Creek-road. north of Clarendon, to

junction with the South-road, at O'Halloran Hill.

5 1.

Kangarilla and X e l a r e n

Vale-road.-From

the Bull's

Creek-road, at Kanga-

rilla, to junction with the Willunga branch, a t McLaren Valc.

52. Lower Meadows and IVillunga-road.-From

the Bull's Creek-road, near

McHarg's Creek (section 3266, hundred of Kondoparinga), to junction with the

Willunga branch, south-east of Willunga.

53. South-road.-From

the junction of South and West terraces, Adelaide, via

tbe Black Forest Inn, Mudge's Corner (section 39, hundred of Noarlunga), Noar- lnnga, Aldinga, Grant's Corner (section 704, hundred of Myponga), and Yankalilla, to the seacoast a t Cape Jervis. 54. From

4 7 O & 48" VICTORIW, NO. 314.

Roads Act. -1 884.

NBW MAIN ROADS.

54. From the South-road, at Second Valley township, to the jetty, at Second

Valley.

55. WiZZunga Branch-From

the South-road, near Noarlunga, to Willunga, and

thence v i ~

Cut Hill (sections 149, 148, and 147, hundred of Goolwa), and Hind-

marsh Valley, to Port Elliot tramway station.

56. From the 53rd milepost, on the Willunga branch (near section 22, hundred of Goolma), to Port Victor jetty.

57. Port Willunga Branch.-From

the Willunga branch, at the township of

Willunga, to Port Willunga jetty.

58. From the South-road, at Bryant's Corner (east corner of section 1014, hundred of Yankalilla), to the Yankalilla jetty.

59. Encounter Bay Branch.-From

the South-road, a t Yankalilla, to join main

road at Port Victor.

60. Port Adelaide and Tapley's Hill-road.-From

the South-road, at the foot of

Tapley's Hill, via Glenelg, to join the Port-road at Queenstown.

61. Morphett Vale Branch.-From

the Happy Valley Branch, at the foot of

chandler'^ Hill, to join the South-road, a t Morphett Vale.

62. From the Bull's Creek-road, at the Meadows, via Macclesfield to the Bugle Ranges railway station.

63. From the Bull's Creek-road, a t section 3450, hundred of Kuitpo, to junction with the Lower Meadows and Willunga-road, at section 284.

64. From main road, a t Mount Pleasant, to join the North-Eastern-road, ncar South Petherton.

65. From the South-Eastern-road, a t Glen Osmond, to Kensington, a t the north- eastern corner of preliminary section 275.

66. From the north-east corner of preliminary section 248, hundred of Adelaide, to junction with the South-Eastern-road, at the north-west corner of ~ection

265.

.

67. From main road at Cilynde to Montacute quarries.

68. From Freeling railway station to Wasley's railway station.

69, From main road, at Williamstown, to join the Lyndoch Valley-road, at

Lyndoch.

70. From the post office, Prospect, to junction with the North-Eastern-road, opposite the north-eastern corner of section 460, hundred of Yatala.

71. (Part of) From main road a t Truro, via Go'vernrnent Well, hundred of Neales, to Eudunda (exclusive of part from the north boundary of the hundred of Dutton to Eudunda in district No. 2.)

72. From the North-Eastern-road, at Mannum, to the River Murray, near Courna-

mont.

73. From Adelaide to Henley Beach.

74. From the Port-road, at Hindmarsh, to Kircaldy Reach.

75. From Salisbury railway station to join the North-road at section 3134, hundred of Munno Para.

76. (Part of) From Kapunda to Stockport railway station (exclusive of parts from Xapunda to the south-west boundary of the hundred of Kapunda, and from

junction with the Old North-road to Stockport railway station, in district No. 2.)

79. (Part of) From section 422, hundred of Mudla Wirra, to Harnley Bridge rail-

way station (exclusive of part from centre of river Light to EIamley Bridge railway

station, in district No. 2.)

-

No. 2. MIDLAND DISTRICT.

5. (Part of) North-road. -

From Thebarton Bridge, via the Heart-in-Hand,

Grand Junction, Smithfield, Gawler, Sheaoak Log, Davcyston, and Greenock, to Kapunda (exclusi~e of part from l'hebarton Bridge to the north boundary of the hundred of Belvidere, in district No. 1.)

8. (Part of) Adelaide and Port Wakejeld-.uoad.-From

Adelaide along the Dry

Creek-road, and the Gepp's Cross and Port Gawler-road, to Waterloo Corner, and thence by Virginia Bridge to Port Wakefield goods shed (exclusive of part from Adelaide to centre of River Light in district No 1.)

9. (Part of) Virginia Bridge-road.-From

railway station, Salisbury, to Waterloo

Corner, and along the Adelaide and Port Wakefield-road to Two Wells; thence, via Mallala, to the Redbanks (exclusive of part from railway station, Salisbury, to centre of River Light, in district No. 1.)

11. (Part of) Old North-road -From

the North-road, near Gawler, via Templers,

Light Bridge, and Forrester's to join main road at Auburn (exclusive of part from near Gawler to north boundary of the hundred of Light in district No. 1).

16. (Part

16. (Part of) Kaputzda and Truro-road.-From

Kapunda to join main road near

NEW MAIN Ronns.

-

Truro (exclusive of part from the north-west boundary of the hundred of Belvidere to near Truro, in district No. 1.)

71. (Part of) From main road at Truro, via Government Well, hundred of Neales,

to Eudunda (exclusive of part from Truro to the north boundary of the hundred of

Dutton in district No. 1

.)

76. (Part of) From Kapunda to Stockport railway station (exclusive of part from the south-west boundary of the hundred of Kapunda to junction with the Old North- road. in district KO. 1 .)

(Part of) From scction 422, hundred of Nudla Wirra, to Hamley Bridge railway station (exclusive of part from section 422 to centre of River Light, in district No. 1.)

79.

80. From &tockport8

railway station to join the Old North-road, at Anstey's Corncr

(near section 722, hundred of- Alma).

81. From Kapunda railway station to Kooringa railway station, and thence to Wandillah (near section 295, hundred of Kooringa).

82. From Kapunda railway station to Tarlee railway station.

83. From main road at Rlack Springs to Manoora railway station.

84. (Part of) From Mintaro railway station, vitr Leasingham, to Hoyleton railway station (exclusive of part from Mintaro railway station to the western boundary of section 192, hundred of Upper Wakefield, in district No. 5.)

85. (Part of) From Farrell's Flat railway station to Clare (exclusive of part from the western boundary of

the hundred of

Hanson to Clare, in district No. 5. )

86. (Part ofj From Farrell's Flat railway station to Booborowie, and thence via

Canowie, Jamestown, and (Jaltowie to join main road at the Stone IIut (exclusive of part from the north boundary of the hundred of Hanson to the Stone Hut, in district No. 5.)

87. From main road at section 1600, hundred of Gilbert, near Marrabel, via Riverton railway station, to join the Old North-road at Rhpnie.

88. From main road, at Marrabel, to Saddleworth railway station.

89. (Part of) From Saddleworth railway station, via Auburn, Clare, Yacka,

Georgetown, and Laura to Melrose (exclusive of part from the southern boundary of the hundred of Clare to the north boundary of thc hundred of Booyoolie, in district No. 5, and part from the north boundary of the hundred of Booyoolie to Melrose, in district No. 4).

90. From main road at Eudunda, sia Point Pass and Robertstown, to Burra railway station.

91. From main road, at section 43w, hundred of Bddin-d, via Government Well, hundred of Schomburgk, to the River Mmray at Morgan.

92. (Part of) From main road at the foot of Breakneck Hill [section 224, hundred of Kooringa), via Douglas, to Tracy (exclusive of part from the north boundary of district No. 2 to Tracy in district No. 5.)

93. From Kooringa, via Nankivell's Gully, to join main road at Diprosc Creek.

94. From main road at Waterloo to Manoora railway station.

95. Prom Salter's Springs to Alma post office.

96. (Part of) From main road at Booborowie to join main road at Wandillah (near section 295, hundred of Kooringa) (exclusive of part from Booborowie to the eastern boundary of the hundred of Ayers, in district No. 5).

97. From main road at Auburn, via Hurd's Hill, to Halbury.

98. From Saddleworth railway-station to Tothill's Belt.

99. (Part of) From Lochiel to Port Wakefield railway station (exclusive of part from Lochiel to the north boundary of the hundred of Goyder in district No. 5.)

100. From Almn post officc to Hamley Bridge railway station.

101. From section 4, hundred of Halaklava, to Balaklava railway-station.

102. From the Virginia Bridge-road, at Mallala, through thc hundreds of Grace and Dalkey, to Balaklava; thence, sia MThitwarta and Mount Ternpieton, to the south boundary of the hundred of Everard.

103. From main road a t Auburn to Manoora railway station.

104. (Part of) From Burra railway station to join main road at Leighton (exclusive

of parts from the western boundary of the hundred of Kooringa to the north-west corner of section 990, hundred of Hanson, and from the south-east corner of section

423, hundrcd of

Ayers, to Leighton, in district Xo. 5.)

1 0 4 ~

From Hoepner's Corner to Barrabba Scrub.

105, Peninsula-road.-From

Kadina, via Moonta, Maitlanc)-, Minlaton, and yorke-

town, to Edithburgh.

106. From

60 47' & 48" VICTORIW, No. 314.

-

-

-

--F

Roads

Act .1884.

-

NXW MAIN &AD@.

106.

From Moonta to Kalkabury.

-

107. From Moonta to Green's Plains.

108, From the Peninsula-road, near Minlaton, to section 28, hundred of Para Wurlie, via section 68.

109. From Weaner's Flat to Stansbury.

110. From the Peninsula-road, at Minlaton, to join main road a t Stansbury.

111. From Port Victoria jetty to junction with the I'eninsula-road, west of Mount

Rat.

112. From main road, at Port Victoria, via Maitland, to Ardrossan.

11 3.

From main road, a t Weaner's Flat, to the sea-coast, a t Waterloo Bay, hundred

of Melville.

114. From Kadina to Wallaroo.

115. From Moonta to Moonta Bay jctty.

116. From Wallaroo, via Alford, to section 166, hundred of Tickera.

117. From Weaver's Lagoon to join main road, near Stansbury.

118. From Kadina to join main road at Agery.

119. From the Peninsula-road, west of Mount Rat, via Curramulka Well, to the

sea-coast at Port Vincent.

120. Pram the Peninsula-road, at Yorketown, via sections 85 and 86, hundred of

Melville, to Peesey Swarnp; thence to the Government reserve on section 134, hun- dred of Para Wurlie.

122. From main road, at section 275, hundred of Melville, to Coobowie.

122. From Kulpara, via Kalkabury, to Maitland.

123. Prom main road, at Kalkabury, to join main road, at Ardrossan.

732/83.

124. From main road, a t section 22, hundred of Minlacowie, to Minlacowie jetty.

125. From Well's Creek jetty to south-eastern corner of fiection 451, hundred of Clinton; thence to north-western corner of section 480; thence along the hundred boundary to the three-chain road at north-western corner of section 519w ; thence via Cunliffe to East Moonta.

126. From main road, at Weaver's Lagoon, to join the Peninsula-road,at Brentwood. 127. From Port Moorowie jctty, via Diamond Lake and section 239, hundred of

Melville, to junction with the Peninsula-road, at the Edithburgh park lands.

128. From main road, at the west corner of section 49, hundred of Kilkerran, to junction with main road, at the east corner of section 340, hundred of Maitland.

129. From Kadina, via Thomas Plains, to Ninnes Plains.

130. From Wallaroo to Tickera.

131. From main road a t section 8, hundred of Para Wurlie, to the sea-coast at

Corny Point,

132. From Kadina to join main road via Peela Weela, near AHord.

133. Prom Edithburgh jetty to join the Peninsula-road.

134. From Ardrossan jetty to join main road.

135. From Wallaroo jetty to join main road. 136. From Stunsbury jetty to join main road,

137. From Coobowie jetty to join main road.

138. From Point Turton jetty to join main road at section 68, hundred of Para

Wurlie.

139. From Balgowan jetty to join the Peninsula-road at section 91, hundred of Maitland,

140. From main road, at Coobowie, to Edithburgh.

141. From main road, at Oaklands, to join the jetty a t Pickering.

142. From the Peninsula-road, at sections 5513 and 10, hundred of Wauraltec, to

join main road a t I'ort Victoria.

No. 4.-NORTH DISTBICT.

89. (Part af.) From Saddleworth railway station, via Auburn, Clare, Yacka, Georgetown, and Laura, to Melrose (exclusive of part from Saddleworth railway station to the southern boundary of the hundred of Clare, in district No. 2, and part from the southern boundary of the hundred of Clare, to the north boundary of the hundred of Booyoolie, in district No. 5.)

143. From Port Augusta, by way of Horrock's Pass, Beautiful Valley, and Spring Creek, to join main road at Melrose.

144. From Port Augusta, via Western Plains, to Hookina railway station.

145. From main road, near Third Water, to Parachilna railway station.

146. From Willochra railway station, via Kanyaka and Blinman, to Cadnia.

14'7. From Morchard, via Wilmington, to Quorn railway station.

148. From

c

VICTORIJE,

Roads Act.-1 884.

148. From Port Augusta West jetty towards the Elizabeth, filteen miles.

Naw MAIN ROADS.

149. From main road, near Port Augusta West, towards Sardea, fifteen miles,

160. From main road, near Wirrabara, to Port Germein jetty.

151. (Part of) From Pekina to join main road at Caltowie (exclusiue of part,

from the south boundary of the hundred of Tarcowic to Caltowie, in district No. 5.)

152. (Part of) From Laura to Appila-Tarrowie (exclusive of part from Laura to

the south boundary of the hundred of Appila, in district No. 5.)

153. From Orroroo railway station to Uawlish.

154. From Johnburgh to Carrieton railway station.

155. From main road, at Pekina, to Orroroo railway station.

156. From main road, at Morchard, to Orroroo railway station.

157. From Bruce railway station to junction with main road at section 120, hundred of Willochra.

158. From Itali-Itali, north-east corner of section 191, hundred of Willochra, to Kingswood Siding.

159. From Booleroo Centre to junction with main road at the Wirrabara forcst

reserve.

160. From main road a t Hawker, via Phillips's Gap, twenty-five miles.

161. (Part of) From main road near Port Pirie, to join main road at Port

Germein (exclusive of part from near Port Pirie to the south boundary of the hundred of Telowie, in district No. 5.)

1 6 1 ~.

From Booleroo Centre to Pekina.

1 6 1 ~. From Dawson, in the Hundred of Coglin, to the Petersburg railway station,

161c. (Part of) From Mannanarie to Jamestown (exclusive of part from the north boundary of the hundred of Belalie to Jamestown, in District No. 5.)

NO,

5,-NORTH

MIDLAND ~)ISTRIC'J;.

84. (Part of) From Mintaro railway station, viu Leasingham, to Hoyleton railway station (exclusive of part from the western boundary of section 192, hundred of Upper Wakefield, to Hoyleton railway station, in district No. 2.)

65. (Part of) From Farrell's Flat railway station to Clare (exclusive of part from E'arrell's Flat railway station to the western boundary of the hundred of Hanson, in district No. 2.)

86. (Part of) From Farrell's Flat railway station to Rooborowie, and thence via Canowie, Jamestown, and Caltowie, to join main road at the Stone Hut (exclusive of part from Farrell's Flat railway station to the north boundary of the hundred of Hanson, in district No. 2.)

89. (Part of) From Saddleworth railway station, via Auburn, Clare, Yacka, Gcorgetown, and Laura, to Melrose (exclusive of part from Saddleworth railway station to the southern boundary of the hundred of Clare, in district No, 2, and part from the north boundary of the hundred af Booyoolie, to Melrose, in district No. 4.)

92. (Part of) From main road at the foot of Brealrneck Hill (section 224, hundred

of Kooringa), via Douglas, to Tracy, (exclusive of part from foot of Breakneck Hill

to the north boundary of district No. 2, in district KO. 2.)

96. (Part of) From main road at Booborowie, to join main road at Wandillah, (near section 295, hundred of Kooringa) (exclusive of part from the eastern boundary of the hundred of Ayers to Wandillah, in district No. 2.)

99. (Part of) From Lochiel to Port Wakefield railway station (exclusive of part. from the north boundary of the hundred of Goqder to Port Wakefield railway station, in district No. 2.)

104. (Part of) From Burra railway station, to join main road at Leighton (exclu- sive of parts from Burra railway station to the western boundary of the hundred of Kooringa, and from the north-west corner of section 990, hundred of Hanson, to the

south-east corner of ~ection

423, hundred of

Ayers, in district No. 2. )

151. (Part of) From Yekina to join main road at Caltowie (exclusive of part from Pekina to the south boundary of the hundred of Tarcowie, in district No. 4.)

152. (Part of) From Laura to Appila-Yarrowie 'exclusive of part from the south boundary of the hundred of Appila to Appila-Yarrowie, in district No. 4.)

161. (Part of) From main road, Port Pirie, to join main road at Port Germein (exclusive of part from the south boundary of the hundred of Telowie to Port Germein, in district No. 4.)

16lc. (Part of) From Mannanarie to Jamestown (exclusive of part from Mama- narie to the north boundary of thc hundred of Belalie, in District N3. 4.)

162. From main road, at Canomie Hcud Station, to Hallett railway station.

163. From main road, at Lochiel, via Snowtown, to join main road at Redhill.

164. From

47' & 48' VICTORIA?, No. 314.

Roads Act.-1 884.

N m MAIN BOAM.

--

164. From main road, near Rocheeter, to Crystal Brook, via Redhill and Wara Wara Waterhole.

165. From Clare, via White Hut and Spalding, to Jamestown.

166. From Clare to Blyth railway station.

167. From main road, at Georgetown, to Huddleston railway station.

168. Prom main road, at Gulnare South, to join main road at Crystal Brook.

169. From Port Pirie to Napperby.

170. From Mount Bryan railway station to Nongolata Head Station, hundred of

Kingston; thence in a north-east direction to join the blenindie track, near Csroona

S

tation.

171. Frorn Blyth railway station to join main road at Snowtown.

172. From main road, a t Sevenhill, to join main road at Mintaro.

173. From Mundoora railway, via Collinsfield, to join main road at Koolunga.

No. 6.-FLINWERS

DISTRICT.

174. From Port Lincoln jetty to Franklin Harbor.

175. From main road, at Port Lincoln, via Lakc Wangary, \'arrow,

Elliston,

Parkin, and Flinders, to Streaky Bay.

176. From main road, at Port Lincoln, to the south-east corner of the hundred of Lincoln, at Port Lincoln Propcr. '

17'7. From main road, at the north corner of scction 128, hundred of Warrow, in a south-westerly direction, to Mount Dutton Bay jetty.

17 8. From main road, at fiection 84, hundreci of IIutchison, to Turnby Ray jetty;

and thence westerly to junction with main road at the east corner of section 44,

1'79. From Rramfield to the sea-coast at Elliston.

180. Prom main roacl, at the south corner of section 524, hyndred of Lake Wangary,

via Wangary township, to the south corner of section 217.

181. From main road, near the 19th milepost, hundred of Wanilla, to Kellidie Bay landing-place.

182. From Burrawing mine to Lipson's Cove jetty.

183. From Arno Bay j c tty, through the hundreds of

Uuothby, Mann, and Yadnarie,

to the north boundary of the township of Cleve.

184. From jetty, township of Cowell, westerly to join the Franklin Karbor main

road.

185. From jetty, township of

Cowcll, north-westerly to join

the ~ r a n k l i n

Harbor

main road.

186. From main road, at the north-east corner of

section 189, hundred of Louth,

via sections 210 and 211, and thence i n a northerly direction, following Tod River

to the northern boundary of section 1'73, hundred of Stokes.

187. (Part o f ) From Robc jetty to join main roacl at Penola (exclusive of part from Robe jetty to the north boundary of county Grey, in district No. 8.)

188. From main road at Penola to the Border, towards Casterton.

189. (Part of) From Naracoorte to Penola, Crambierton, and MacDonnell Bay

jetty (exclusive of part from Naracoorte to the north boundary of the hundred of

I'enola, in district No. 8.)

190. Frorn Mount Gambier to Millicent.

191. From Mount Gambier to the Border, near Lindssy.

192. (Part of) From xain road, at scction 43, hundred of Bray, to Beachport jetty

(exclusive of part from scction 43 to the north boundary of the hundrcd of Lake

Gcorge, in district No. 8.)

193. From main road, at Millicent, to join main road, at Penola.

194. From section 139, hundred of Gambier, in a westerly direction, to junction

with main road to MacDonnell Bay, near the 4th milepost from Mount Gambier. 195. From main road, at Penols, to the Border, to meet the Dergholm-road. 196. From main road to MacDonnell Bay, near the 4th milepost from Mount

Gambier, w i l t Caveton, to the boundary of

the colony.

197. From main road, about fournlilcs from Beachport, to junction with main road near the old Kangaroo Inn.

198. From main road, at the south-east corner of section 194, hundred of Hind- marsh, in a direct line to the railway at section 263, and thence to the Tantanoola railway station

199. From main road, at Millicent, uia Hatherleigh, to Rcndcluham.

3 0,

-

Roads

Act .1884.

No. 8.-ALBERT DISTRICT.

NEW MAM ROADS.

200. From main road, a t section 79, hundred of Mount Muirhead, to the northern corner of section 50.

201. (Part of) From main road, a t section 122, hundred of Penola, to Comaum (exclusive of part from the north boundary of the hundred of Penola to Comaum, in district NO. 8.)

187. (Part of) From Robe jetty to join main road at Penola (exclusive of part from the north boundary of county Grey to Penola, in district No. 7.)

I

189. (Part of) From Naracoorte to l'enola, Qambierton, and MacDonnell Bay

jetty (cxclusivc of part from the north boundary of the hundred of Penola to

Macnonnell Ray jetty, in district No. 7.)

192. (Part of) From main road, at section 43, hundred of Bray, to Beachport jetty (exclusive of part from the north boundary of the hundred of Lake Oeorge to Beachport jetty, in district No. 7.)

201. (Part of) From main road, at section 122, hundred of Penola, to Comaum (exclusive of part from section 122 to the north boundary of the hundred of Penola, in district No. 7.)

202. From the River Murray at Wellington East, v ia Meningie to Kingston, and thence to join main road at section 310, hundred of Waterhouse.

203. From the Nairne branch, a t the River Murray BriCge, to junction with main road near Wellington East.

204. From main road at Naracoorte to Bordertown.

205. From main road at Naracoorte to the Border, near Apsley.

206. From main road at Bordertown to the boundary of the colony.

207. From Lucindale railway station to the south-eastern corner of section 79,

hundred of Joyce.

208. From main road, at section 42, hundred of Waterhouse, to junction with main road at the north-eastern corner of section 43, hundred of Joyce.

209. From Custon railway station to the Border, near Lillimur.

210. From Stewart's Range railway station to section 143, hundred of Lochaber,

211. From Bordertown, via Pigeon's Flat, to Mundulla.

212. From Wolseley railway station to section 350, hundred of Tatiara.

213. From Lucindale to Fairview.

THIRD SCHEDULE.

Form of Nomination.

The

day of

18

,

We the [Corporation or District Council of

1 voters of the Road

District of

do hereby nominate [stating Chrmdian and Surname

of

as a candidate [or candidates] for the office of Member [or Members

1

of the Local Board of the said Road Dietrict, acd we do give

v-otes for

[or for each of the said] the said

our annual asveesment being E

.

(Sigwed)

FOURTH SCHEDULE.

Agreement made pur~uan t

to the

Roads Act, 1884," between the undersigned, the

Local Board of Main Hoads for the District of

,

[or the Com-

missioner of Main Roads, or the Corporation of or as the

case may b e ], of the one part, and Lowner of the land to be taken ifi exchange],

of and [occupier, ryalty other than the owner], of

,

of the other part.

M7hereas the said

is the owner [or the owner and occupier],

[and the said

is the occupier] of a piece of land situated at [here

de~cribe the land to 6e taken in exchange], and it is considered expedient that the road

[or part of a road2 situate at [here describe the road or part of a roadJ should be

exchanged

47' & 48" VICTORIW, NO. 314.

Roads Act.-1884

exchanged for the land first described, it is hereby agreed that such exchange shall be made, and that the said shall pay to the said the sum of, for equality of exchange: Provided that if no order shall be made atrd confirmed in manner and within the period by the said Act prescribed, this agreement shall be void.

Dated the

day of

,

one thouaaod eight hundred and

Rece@t to be indorsed.

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

, one thousand eight hundred and

FIFTH SCHEDULE.

NO. l .-

Order to open New Roads.

Whereas at a meeting duly held under the provisions of the C C Roads Act, 1884,"

this

day of

, 18

,

it appears to us, the

Local Roard of Main Roads for the ilistrict of

Lor to m e, the

Commissjoner of Main Roads, or to us the District Council of

or to the Corporation of 1, ?hat it is expedient and necessary that the lands

hereinafter described should be opened as a new line of road, and it having been

proved to us Lor me] that the notice required by the said Act has been duly given,

and that all other requirements thereof have been complied with, and no valid

objection to the opening of such new line of r o d having been made: Now, there-

fore, we [or 11 do herehy, by virtue of the powers given to us [or me] by the said

Act, order that all that [here deecribe the land as ful ly as ill the notice, and alao Jy reference to the p lan deposited with the Surceyor- Gt neral] shall be forthwith made

and opened aa a new line of road.

Dated this

day of

,

one thousand eight hundred and

No. 2.-Order lo'close Odd Roads.

Whereas a t a meeting held under the provisions of the " Roads Act, 1884,"

this

day of

, eighteen hundred and

,

it appears to us, the Local Board of Main Roads for the

District of

[or to me, the Commissioner of Main Roads

or to us the District Council of

, or to the Corporation of

that the piece of land hereinafter mentioned and heretofore used as a road is no

1,

longer required for such purpose, and i t having been proved before us [or me] that t he notice requited by the said Act has been duly piven, and that all other require-

ments thereof have been complied with, and no valid objection t o the closing of such

road having been made: S o w, thcrefurc, we [or l] do hereby, by virtue of the

powers piven to us [or me] by the said Act, order that all that [here describe the

road to be discontinued as j u l l y as in the no tic^, and also by refe;.ence to the plan deposited w i th the Surveyor-General) shall henceforth be discontinued and cease to

be used as a road Cif the odd road has been agreed to be suM uddj and we do further

order that the said piece of land shall be sold to, for the sum

of

, and that the same shall be vested in him, his heirs and assign*,

for ever [g the old road has not been agreed to be sold, instead of the above substitute]

and we do further order that the said piece of land shall be sold and vested in the purchaser, his heirs or assigns [or we d o further order that the said piece of land ahall be set apart and dedicated to the use of the said District of 3 or

the Municipal Corporation of the Town of

, or as the case may 6e.J

No. 3.-

Order io open hTew and exchange Old n ~ a d s

Whereas at a meeting duly held under the provisions of the

Roads Act,

1884, this

day o f

, one thousand eight hundred and

i t appear& to us, the Local Roard o f Main Roads for the District of

b r to me, the Commissioner of Main Roads, or to us the District Council

it is expedient and necessary that the lands hereinafter firstly described shoul2 be

of, or to the Corporation of 1, that

opened

47' & 48' VICTORIR, Nd. 314.

Roads Act.-1884.

opened as a new line of road, and that the lands hereinafter ~econdly described are no longer required for the purpoves of a road; and it havine; been proveli before us Lor me] that the notice required by the said Act has been duly given, and that all other requirement8 thereof have been complied with, and no valid objection to the opening of such new line of road or to the closing of such old road having been made: Now, therefore, we [or I] do hereby, by virtue of the powers given to us

[or me] by the said Act, order that all that [here describe the piece of land to he opened as a road as fully as in the notice, and by reference to the plan deposited with the Surveyor-General] &all henceforth be discontinued and cease to he used as a

road; and we for I] further order that the piece of land lastly described and heretofore used as a road shall be exchanged with for the piece of land firstly

described, and that the same shall be vested in the said

, hia heirs and

assigns for ever.

[ I f any nzoney i s to be paid on either side by way o f equality of

exchange, alter the f o r m accordingly.]

Dated this

day of

, one thousand eight hundred and

Notice is hereby given that by order, dated the

day of

18 , the [here describe how the order has been made1 that [here give a general description of the m t u r e and efect o f the order): His Excellency the Glovernor

has been pleased to confirm the said order, and to direct that the Commissioner ot Crown Lands shall issue a certificate of title to the person entitled to the lands mentioned in such order.

Dated the

day of 18. No. 5.-Order by Local Court.

In the Local Court of

, Full Jurisdiction.

Whereas at the sitting of this Court held t h i ~

day of

18

,

at the Local Court House

,an application was made by

of

to close [or open as a new line of road /or as the case m a y be)] the piece of land herein~fter described, and i t having been proved to the satisfaction of the Court, that the notice required by the Rcads Act, 1884, has been duly given, and that all other requirements of the said Act have been conplied wi th, and no valid objection to the closing of such old road [or as the case m a y be], having been made, this Court doth hereby, by virtue of the powers given to it by the said Act, order

that [conclude as in the preceding forms, Nos. 1, 2, and 3, according to the oircurn-

stances].

Dated this

day of

18

.

A.B., Special Magistrate.

[Note.-The

above forms are given as a guide in drawing up orders, and are to be

adhered to as far as practicable; but they may be departed from should the circum-

stances of any particular case render it necessary.]

SIXTH SCHEDULE.

Certzjicate of TitEe hy the Commissioner of Crown Lands.

SOUTH

AUSTEALIA.

Pursuant to the "Roads Act, 1884", and of an order of the Local Board of

Main Roads for the District of

[or Commissioner of Main

Roads, or as the case may be], made on the

day of

18,

in consideration of

Pounds

paid

by

to the said Local Board for the District

of

,

[or to the Commissioner of Main Rcads, or as the case m a y

he], I

, Commissioner of Crown Lands of this province,

do hereby certifiy that

is now eeized of an estate in fee-simple in

that [here describe the road to be conveyed.]

SEVENTH

47 & 48 VICTORIW, No. 314.

Roads

Act .1884.

- -

-

SEVENTH BCHEDULE.

Certt~fcata

of Title by Comnaissioner of Crown Lands under Road Board.

Sou~rz husraa~~a. -~e~ ia ter

book, vol.

,

folio

1,

, Cornmissioner of Crown Lande, of the said province,

pursuant to the direction of His Excellency the Governor, published in the Gouern- ment Gazette of day of in confirming a road order made

by

therein referred to, dated the

day of

do hereby certify that

is [or are] now seized of an estate in fee-simple

in that

EIQHTK SCHEDULE.

An Act, No. 17 of 1852, intituled '' An Act for the Making and Tmproving of Roads in South Auetralia."

The

Hoads Amendment Act, 1863."

The " Roads Act, 1865-6."

The " Main Roada Act, 1874."

The " Main Roads Amendnwnt Act, 1876."

An Act, No. 75 of 1877, intituled

An Act to amend thc Roads Amendment Act,

1863."

An Act, No. 156 of 1879, intituled "An Act to amend the Schedule of Main

Roads."

--v

--- - - ---

-

-. -

--

Adelaide : By authority, E, SPILLZR,

Government Priuter, Xorth-terrace.

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