Roads Act 1888 (WA) | CaseChat AU

aititztint amtratta,

• ANNO QUINQUAGESIMO SECUNDO

'ICTOR! REGIIN /E0

No. XVI.

AN ACT to regulate the management of Roads

in Western Australia.

[ Assented to, 7th December, 1888. ]

HEREAS it is expedient to amend and consolidate the law His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:—

relating to Roads in Western Australia: Be it enacted by 'I"'

-W

1. THIS Act may be cited as "The Roads Act, 1888," and short Tata

shall come into operation on the 1st day of January, 1859.

2. (i.) THE several Ordinances and Acts mentioned in &heck Repeal.

ule A. hereto shall be and the same are hereby repealed.

(2.) Such repeal shall not relate to anything heretofore law- fully clone in pursuance of such Ordinances and Acts respectively, nor to any proceedings thereunder which shall have been com- menced mid shall be pending when this Act conies into operation, nor to any offences committed against the provisions thereof respectively.

(3.)

2 7Th.9" VICTORLiE, No. 16.

Roads Act.

(3.)	Such proceedings may be continued and such offences

may be prosecuted in manner prescribed by the said Ordinances

and Acts respectively.

(4.) All persons already elected as members of a district road board, under the said repealed Ordinances or Acts, shall continue to be members of boards constituted under this Act, until the first general election of members of boards shall be had, as herein provided.

(5.)	Notwithstanding the repeal of the said Acts, any main

or minor road heretofore publicly notified as classed under the

provisions of " The District Roads Act, 1871," shall continue to be so classed unless and until such road be reclassed or unclassed by a road board with the approval of the Governor publicly

notified in the Government Gazette. It shall be lawful for a road

board to class any road as a main or minor road subject to the

like approval and publication.

3. IN the construction of this Act (if not inconsistent with the " District shall mean any locality heretofore designated and defined as such under and by virtue of" The District Roads Act, 187;," or that may hereafter be designated and defined by the Governor as a District under the

thzerp rotation

elan cc

subject matter) the following terms shall have the respective

meanings hereinafter assigned to them :—

provisions of this Act by notice in the Government

Gazette.

2. " Rateable Property shall mean all buildings, lands, tenements, and hereditaments in the district, except the following, namely : All such property situate within the limits of a municipality or in any town where there exists a town council or town trust ; waste lands of the Crown in the possession of the Crown or leased by the Crown for pastoral purposes ; land the pro- perty of the Crown and used for any public purpose ; churches. chapels, cemeteries ; places for the public worship of Almighty God ; public schools, or schools deriving aid from Government ; public buildings and lands appropriated and held upon trust for any religious, charitable, or public purpose, or reserved or set apart for the benefit of the aborigines.

3. Ratepayer shall merm the owner or occupier of rateable property.

4. " Road" shall mean an y land notified as a road in the

Government ijama: a•a a am or a minor road, and not

being a railwa y wi';hin ihe meaning of the Railway Acts 1101' a r•)11,1 w:thin tb:•boundaries of a municipality or a

town

52" VICTORIX No. 16.

Roads Act.

town trust, and shall include all roads declared as such

under any of the repealed Ordinances or Acts.

5 . " Board" shall mean the road board of a district desig- nated and defined under the provisions of " The District Roads Act, 1871 " (whether such board has been or shall be elected under the provisions of the said Act of 1871, or under the provisions of this Act), and the road board of any district to be so designated and defined under the provisions of this Act.

4 . THE Governor may from time to time designate and define

any locality as a district for the purposes of this Act by notice in cm,ver"ii. maydeasi.gi	:tzars
the Government Gazette, and in like manner may alter or cancel tEtai
any such notice.

CONSTITUTION OF BOARDS.

THERE shall be a road board in each district, which board shall consist of seven persons to be elected as hereinafter pro-	Local Boards.
vided, one of whom shall be chairman ; and any four members of such board shall be a quorum for the transaction of business. Such board shall be elected by a majority of votes of the persons for the
time being on the district electoral list.

ALL rights, liabilities, contracts, and engagements existing, and all actions, suits, and other proceedings pending at the com-	Saving of wits in
rights.
mencement of this Act, of, by, or against any district board consti- tuted under any of the repealed Ordinances or Acts, or of, by, or against any person in the right of or on behalf of a board shall be vested in and attach to and be deemed and taken to have been made and entered into with and may be enforced, carried on, and pro- secuted by or against a board elected under this Act for the same district. No such action, suit, or other proceeding shall abate or be discontinued or prejudicially affected by reason of this Act.

THE board may appoint, if deemed necessary but not otherwise, from time to time, a secretary, a treasurer, and such other	Appointment and re-
muneration of
officers and servants as shall be necessary, and shall define their	officers.
duties; and may assign reasonable remuneration to such secretary, treasurer, officers and servants ; and may remove them and appoint others in their stead; and may require the treasurer or any other officer to give security, or a bond with two sureties for a reasonable sum. to be respectively approved by the board, for the fair and diligent discharge of his duties. Every person elected or appointed to any office under this Act may at any time, by letter in writing addressed to the board, resign such office, and the resignation shall

ICTORTiE9 No. 16.

Roads Act.

be held to be complete from the date of its being received by the

secretary to the board or person acting as such.

THE board shall after this Act shall come into operation hold a general meeting of ratepayers, upon the requisition of any seven or more ratepayers. Public notice of each such general meeting shall previously be given.

Recti.

TEL?, board shall meet within the district, at whatever place they may decide upon, for the transaction of their ordinary business, at least once in every three months, or oftener if so determined, on such clay or clays as may be agreed upon ; but no business shall be transacted at any such meeting unless at least four of the members of the board, inclusive of the chairman or member of the board chosen to preside in his absence, shall be present ; each member, including the chairman, shall have one vote, and such chairman shall, in case of an equality of votes, have a casting vote in addition to his ordinary vote, and all questions at such meeting shall be decided by a majority of the votes of the members present. The chairman may call a meeting of the board as often as he shall think proper, and if he shall refuse or delay to call any such meeting after receiving a requisition for that purpose, signed by three members of the board, such three members may call a meeting of the board, by serving on each of the other members of the board notification in writing of such meeting at least seven clays before the date thereof, and such notification shall be signed by such three members, and shall state therein the business proposed to be transacted.

THE board shall keep a book or books in which shall be entered minutes of all proceedings and transactions, and the chairman or presiding member shall see that such proceedings are duly entered, and shall subscribe the same with his own hand, and the names of the members present at every meeting shall be entered in such minutes.

Lin:1M

10.

honk,.

TI-TE chairman, if present, shall preside at all meetings of

eliamim, ratepayers and of the board, and in his absence, or if after being

present he shall retire, one of the members of the board chosen by

the ratepayers or members present (as the case may be) shall

preside.

12. IN all cases where a board shall not observe the provisions

may ,:uper

cerimrinecalll 'Dil of this Act, or in any other case when the Governor in Council shall

hoard.

think fit in the interests of the public service, it shall be lawful for the Governor in Council to supersede a board either wholly or partially, and to exercise all or any of the functions of such board for such time as he shall think fit. Notice of such supersession shall be given by Public Notice.

ELECTORS

52° VICTORLX, No. 16.

Roads Act.

ELECTORS AND ELECTORAL LIST.

EVERY British subject of full age being resident within the Colony, and not subject to any legal incapacity, who

uali

stations o

electors.

On the first clay of September in any year shall be and since the first clay of January next preceding has been seised of as owner or has as occupier been in occupation of any rateable property within the limits of any district ; and

Q. Has paid all rates and assessments assessed upon such rateable property by the board up to the thirtieth day of June in such year ; and

3 . Has not been at any time within such year in receipt of

any public relief or alms,

shall be entitled to have his name inserted upon the electoral list for such district, and be qualified to be a voter and to be a member of a board.

14. (i.) THE board shall be elected by the persons whose names

are on the electoral list in force for the time being within the district. Board to be elected

IbLeeefaoines ownhoesieee_

(2.)

At any such elections each person shall have a number

of votes proportionate to the rateable value of property owned or tonal list.

occupied by him within the district set against his name on the said

list, as hereinafter mentioned, according to the following scale:

rateable Value of Property.

Number of Votes.

Five pounds and not exceeding ten pounds	1
Exceeding ten pounds and not exceeding

twenty-five pounds

Exceeding twenty-five pounds and not exceed-

ing fifty pounds

Exceeding fifty pounds

(3.)	Where any property within the district is jointly owned

or occupied by more persons than one, each of such joint owners or occupants, if the annual value of such property is of an amount which, when divided by the number of such joint owners or occupants, gives for each owner or occupant a sum not less than the sum which would entitle such person to be an elector if he owned or occupied separately, shall, subject to the conditions hereinbefore contained, be an elector, and entitled to vote as such in respect of the property so jointly owned or occupied; and if the value of such property is not of such an amount as to be so divisible as aforesaid, then only such one of such joint owners or occupants shall be an elector, and entitled to vote as such in respect of the said property so jointly owned or occupied, as is for that purpose deputed in writing by the other or by the majority in number of such other joint owners or occupiers.

VICTORIX No, 16.

Roads Act.

15. (I .) THE said electoral list shall be thus made up: On or district shall cause an alphabetical list to be prepared of all persons qualified to have their names inserted in the district electoral list as voters at the election of members of a board for such district, and shall against the name of each such person specify the particular lands, tenements, or hereditaments in respect of which the name of such person is inserted on such list, and shall against the name of every such person specify the annual rateable value of the lands, tenements, or hereditaments of which such person is seised or possessed as owner or occupier within such district.

made up.

how before the twentieth day of September in each year, the board of each (2.) The said list having been so prepared shall be signed by the chairman of the board, and a copy thereof shall on the said day be affixed on the outer door of the Magistrate's or Police Office or in some other public place in each district. and the said board shall deliver one or more copies thereof to any owner or occupier of land in the district applying for the same, on the payment of

reasonable price for each copy.

(3.)	The said list shall be in the form given in Schedule B.

to this Act.

16, ANY person whose name shall have been omitted from ant

'Thiltted

such electoral list may, on or before the thirtieth day of September

from such list may .

mlu ir in any year, apply by registered letter sent through the post addres-

names in,ertol. sed to the chairman to have his name inserted thereon and in such

letter shall give particulars of his claim, and any person whose name has been inserted on the district electoral list as a voter who is dissatisfied with such list as not specifying the full rateable value of the lands, tenements, or hereditaments of which he may be seised or possessed may likewise, on or before the said day, apply in the same manner to the chairman to have the amount of such rateable value altered, and shall give particulars of such claim. Any person whose name appears on any such electoral list may, on or before the said clay, object to any other person as not being entitled to have his name retained thereon, or may object to the rateable value plated against the name of any person on the district electoral list, by sending through the post in a registered letter addressed to such person a notice signed by him of his intention to object and of the grounds of such objection and by sending a copy of such notice in the same way to the chairman. Any application under this section shall be in the form given in the Schedule C. to this Act or to the like effect.

17. THE chairman shall cause a list to be made showing the

'is.'

lathh4c°1 names and addresses of the several persons claiming to have their

it:	persons °Miming
d .)f persons oh- names inserted on the district electoral list or to have the amount of

Meted to.

rateable value set against their names on the electoral list altered.

and

52° VICTORIzE, No. 16.

Roads Act.

and the particulars of such claims; and also of the persons whose names have been duly objected to as aforesaid ; and shall cause such list, with an appropriate heading to the same showing the contents thereof; to be affixed on the outer door of the Magistrate's or Police Office, or in some other public place in the district, and also in the room where the said board ordinarily meet for the transaction of business, on or before the third day of October in each year.

18 .

THE board of every district shall hold an open court within the district for the purpose of revising the electoral list	Board of everydistrict to hold a
thereof, and such court shall be held on such clay or clays between	court for revision
the tenth and twentieth clays of October (both inclusive) in each	of list.
year as may be appointed by the board, and the board shall give six clear days' notice of the holding of such court, and of the time and place thereof, by placing such notice on the outer door of the offices mentioned in the last section, and by advertisement in sonic newspaper generally circulating in the neighborhood.

The court shall consist of the chairman of the board, or in his absence of a chairman appointed by the board, and of not fewer than two other members of the board ; and every such court may be adjourned, and if at any time for half an hour after the time appointed for holding any such court or adjourned court a sufficient number of the board to form a court be not present, the chair- man, or in his absence any member of the board, may adjourn the court.

19.

THE said court shall have power to hear, receive, and

examine evidence, and for that purpose to administer an oath or Powers such

affirmation, and by summons under the hand of the chairman of

such court to require all such persons as the court may think fit

to appear personally before such court, at a :time and place to be

named in such summons, and to produce to such court all such

books and papers in their possession or under their control as may appear necessary for the purpose of their examination ; and the said court shall have the like powers for compelling the attendance of witnesses summoned, and their examination upon and taking of oaths and affirmations, and their answering questions touching the

premises, as by any law in force for the time being is vested in justices exercising summary jurisdiction ; and the said court shall,

upon hearing in open court, by the decision of a majority, determine

as hereinafter mentioned upon the validity of all claims and ob-

jections.

20. THE said court shall insert in the electoral list under H

revision the name of every person who has claimed as aforesaid and anenu o c

dol

objections,

is correction of lists.•,“

8 52' iCTORTAI; No. 16.

Roads Act

is proved to die satisfaction of the court to be entitled to be inserted in the electoral list ; and shall retain on the said list the names t)f all persons to whom no objection has been sustained, and the rate- able value set against the same unaltered, and shall also retain on the said list the name of every person who has been objected to by any person, and the rateable value set against the same unaltered. unless the person so objecting appears in his own person in support of such objection, and prove the sending of the requisite notices.

When the name of any person inserted in any list or the rateable value set against the same has been duly objected to, and the person objecting appears as aforesaid in support of such ob- jection, the court shall require proof of so much of the qualification of the person so objected to as is embraced in the grounds of objection so to be stated as aforesaid and no more ; and in case such qualification of such person is not proved to the satisfaction of the court, the said court shall expunge the name of such person from the said list, or shall alter and correct the rateable value set against the same (as the case may require); and the said court shall also expunge therefrom the name of any person who is proved to by dead ; and shall by means of inspection of the electoral list and rate book, and valuation and return. correct any mistake or supply any omission which may appear to such court to have been made in the said list in respect of the name, place of abode, or quality, trade or occupation, of any person who is included therein, or in respect of the local description of the rateable property, or the situation thereof. No person's name shall be inserted by the said court in any such list, nor shall, except in the case of death, be expunged therefrom, unless notice has been given as is hereinbefore required in each of the said cases.

Bests ;11 eases of

21, IN case it appears to the court that any person has made or

"Ti ro 171:: &es dale	attempted to sustain any frivolous or vexatious claim or objection, it
nr eijoeL;oas.	shall be lawful for the court to award such costs, not exceeding mw pound, as to them may seem meet. to be paid by such person to the person resisting such claim or objection ; and the same may in default of payment be recovered in a summary manner before any Justice.

22. THE chairman of such court shall in open court write his

I ters'

e. sac..

initials against the names struck out or inserted as aforesaid and against any part of the list in which any mistake has been corrected or omission supplied. and shall sign his name to every page of the list so settled. and shall then cause to be written at the foot or end of the list a certificate that the same has been revised and is correct, with the claw thereof, and the chairman and not fewer than two other members of the court shall severally sign such certificate.

52® VICTORVI, No, 16.

Roads Act.

23 . THE list so signed and certified shall be forthwith delivered

to an officer appointed by the board for that purpose, and such	List to be made out
and delivered to
officer shall forthwith cause the names thereon to be copied or print-	chairman.
ed in alphabetical order according to the form contained in and with the several particulars required by Schedule D. to this Act, and shall prefix to every name in such list a number, beginning such numbers at the first name on the said list with the number one and con- tinuing them on in regular arithmetical series to the last name thereon, and shall before or on the first day of November deliver the said list to the chairman of the board, who shall satisfy himself of its correctness and sign the same.
24. THE list so signed as aforesaid by the chairman of the board as aforesaid shall be the electoral list for the district, and	Voters' list.
List so signed to be
shall continue in force and shall not be added to or otherwise altered until a new list has been made for the district under the provisions of this Act, whether the same has been duly made at the time hereby appointed or afterwards.

25. ANY copy purporting to be a copy of such list, and signed

by the chairman of such board, shall be prima facie evidence of ".1°.Li'LLf. list	„
such list and of the contents thereof.

26. (i .) NO omission to notify by public notice with regard to

an y list or to keep any list for perusal or inspection shall be deemed	Omission to publish.
&c., not to invalidate
to prevent, invalidate, or render imperfect any of the proceedings	proceedings.
hereinbetbre provided for with regard to the compilation or com- pletion of any such list.
(2.) If from any cause the revision of any list awaiting revision under this Act has not been made or completed within the	It list not revised
within the time ap-
time herein appointed or allowed for that purpose, the Governor	pointed, Governor may appoint a day
may appoint a day, not more than twenty clays from the last clay	for holding a re-
upon which such revision might have been made, to be the day for	vision court.
holding a revision court for revising the said list ; and such day
shall as to all such acts and proceedings as yet remain to be done or had with respect to such list be deemed to be for all intents and purposes the clay appointed for such revision. and the time herein appointed for the delivery of the said list to the chairman of the hoard shall be extended in the same proportion.

(3.)	If from any cause the preparation. printing, or revision

of the electoral list has been omitted or not completed, the Governor may zip-

Governor may at the request of the board. order the same to be point day for reds-_ , ton, and may correct

done, and the order authorising it shall be forthwith published in errors.

the Government Gazette ; and upon such publication such omission

or non-compliance shall be rectified. and such list validated accord-

ing to the tenor of such order.

10 V CTOR11

Roads

27. IF at the time at which the board is hereby required first

If no materials for

first electoral list yet	to make out an electoral list for any district. no rate and no
provided. or ill case	valuation and return have been made for such district. or if from
of failure to make
first li. t, Governor	any cause an electoral list has not been made out at such time, or if
may extend time, Se.	made has not been revised and completed within the period, it shall
be lawful for the Governor to appoint for that occasion the several times and intervals of time, or, as the case may require, the several remaining times and intervals of time, at or within which the acts hereinbefore required or permitted to be clone with regard to the making and revision of the electoral list and completion thereof shall or may he had or done.

In the case where no such rate, and no such valuation and return have been made, the first in order of such times shall be not less than three nor more than six months after the time when members of a board shall first be in office in such district under this Act, and that in all cases such times shall be of the same distance from each other, and such intervals shall be of the same length, as hereinbefore prescribed or provided in that behalf respectively.

28. IN the case of any district where there is no board, the

Where no board, acts and things by this Act required to be clone in and about theC40 N'Cr1101: may ap-

point person to makm settling of the said electoral list shall be done by such person or lists persons, at such time Or times, and at such place or places as the

Governor may appoint in that behalf.

QUALIFICATION OF MEMBERS OF BOARDS.

29. NO person shall be eligible to be or remain a member

Disqualithiation for	of a hoard or auditor in any district who is of unsound mind, or
member or znlitor.	an uncertificated or undischarged bankrupt, or who holds any office or place of profit ill the gift or disposal of a road board, or who (except as a shareholder in a limited company) shall have anyinterest in any contract with or employment under such board.

holding °Mee of

NO member of a board shall vote upon or take part in the discussion of any matter before the board in which he has directly or indirectly by himself or his partners (except as a shareholder of a limited company) ally beneficial interest. A member of a board offending against the provisions of this or the last preceding section shall for every such offence be liable to a penalty not exceeding Fifty pounds.

30.

Dirpualifieaton for

lisenssio

( I.) SUBJECT to the provisions of the two last preceding

i.Pfitlification of

31.

members of hoard.

sections, every male person whose name is on the electoral list in

force

52° VICTORIZE, No. 16.

Roads Act.

force for the time being in a district shall be eligible for election as

a member of a board for such district, and to be chairman thereof.

( 2 .) He shall retain such office until he shall resign such office in writing addressed to the board, or cease to attend the meetings of the board for three consecutive meetings, without leave from the board, or become lunatic or bankrupt, or be imprisoned for any felony or misdemeanor.

ELECTION OF a BOARD.

.) THE election of a board, for all districts, shall after Election of board.

this Act shall come into operation take place on the third Thursday in December in each year, at such place within the district as the returning officer at such election shall appoint.

(2.)	In any new district that may be created by the Gover-

nor, in pursuance of the provisions of this Act, the first election of a board shall be had on such day and at such place as the Governor may appoint.

(3.) At any first election for a new district the returning officer shall be nominated by the Governor.

(4.)	At every election other than the first election for a new

district the chairman of the board, and, in his absence, or if there shall be no chairman, any member of the board elected by the board for that purpose shall be the returning officer.

(5.)	In case in any district the electors shall to duly elect

a board, or any of them, the Governor may, by notice in the Govern- nowt Gazette, appoint another day for the holding of such election.

33.

.) ANY person who shall be desirous of being a candi- c

andidc

a‘

date for election as member of a board in a district shall by himself tion t '0 ";',„ .se've„ or his agent give notice in writing of such his desire to the then flays notice to chair-

chairman at least seven clays before the clay of such election ; and the said chairman shall give notice of the intention of such person to become such candidate by affixing a notice to that effect on the door of the chamber, or other accustomed place of meeting for the board, and keeping the same there affixed until the clay of election.

(2.)	At the first election for a new district such notice shall

be given to the returning officer, who shall, as soon as practicable after the receipt thereof, post a copy of such notice on the outer door of the Magistrate's or Police Office of the District or of the premises where such election is to be held.

(3.)	At any such election no one shall be deemed a candidate

for the office of member of a board within the meaning of the next following sections, except those who have given such notice as is herein provided.

12 52° VICTORI_ZE, No. 16.

Roads Act.

34. (1.) ON the clay of election the returning officer shall pre-

ProfteeThigt, :It el

lions.

side at a meeting to be holden at eleven o'clock in the forenoon at the place appointed for the election, and shall declare the purpose for which such meeting is held.

(2.)	If it appear at such meeting that there is not more than

one candidate proposed to fill any one vacancy, the returning officer

shall declare such candidate duly elected.

(3.)	If it appear that there is more than one candidate pro-

posed to fill any one vacancy, the returning officer shall call for a show of hands separately in favor of each candidate, and after such show of hands shall declare the person or persons upon whom the election has fallen, and such person or persons shall be deemed to have been duly elected, unless a ballot be demanded by any of the other candidates, or by not fewer than six persons qualified to vote at the election ; and on such demand being so made the ballot shall immediately take place.

35. (l.) THE ballot at any such election shall be taken by the

Alamtev of hiking tl

halti•t.

returning officer or his deputy and shall close at six o'clock in the

afternoon of the same clay.

(2.)	Every person entitled to vote at any election may give

the number of votes to which he is entitled on the electoral lists to each of any number of persons not exceeding the number of persons to be elected, or may give his vote or votes to ally one candidate.

(3.)	In all cases the votes shall be given in person by the

voter unless he is, though resident in the Colony, more than fifteen miles distant from the place of election or resident out of the dis- trict on the clay of election, in which case they may be given by a proxy or agent duly authorised in writing.

(4.)	No votes shall be accepted or taken from ally person

being or professing to be a proxy or agent, unless such proxy or agent has satisfied a Justice of the Peace or the returning officer by declaration made in pursuance of the 18th Victoria, No. 12, that the signature of the voter thereon is his own proper signature, and that he, the proxy or agent, has been duly authorised by the voter to deliver in the voting paper on his behalf, and such Justice of the Peace or returning officer has endorsed the voting paper hereinafter mentioned to that effect.

(5.)	Votes shall be given by the voter or his proxy deliver-

ing to the returning officer or Ins deputy a voting paper containing the christian name and surname, or christian names and surnames, of the person or persons for whom he votes, and the number of votes that the voter is entitled to give. No person shall act as a proxy unless he be authorised by the voter in the form given in Schedule E. to this Act or to the like effect.

(6.)

52° VICTORTiE, No. 16.

Roads Act

(6.) No voting paper shall be received from any proxy or agent unless it be signed by the elector voting, and also by such proxy or agent, and contain his address.

(7.)	No inquiry shall be permitted at any election as to the

right of any person to vote, except only as follows: that is to say, tilt the returning officer or his deputy may, if he think fit, or shall if required by any two persons entitled to vote at the election, put to any person tendering a voting paper, at the time of his delivering in his voting paper and not afterwards, the following questions, and no other:

Are you the person whose name appears as (here specity the name contained in the electoral list) in the electoral list now in force for this district, being registered therein for property described to be situated in (here specify the property described in the electors' list) ?

Have you already voted at the present election for this

district ?

(8.) Or, in the case of any such voting paper being tendered

b y a person being or professing to be a proxy or agent, the following

questions, and no other :—

Is the person who signed this voting paper the person whose name appears as (here specify the name contained in the electoral list) in the electoral list now in force in this district, being registered therein for the property described to be situated in (here specijj the property described in the electoral list)?

Is the said person now, to the best of your knowledge and belief, resident within the Colony, and more than fifteen miles from this place or resident out of the district?

Is the name signed on the paper as the name of the proxy or agent delivering the same your name, and signed by you, and is the address of such person your address?

Has the person, whose name is signed to this paper as the

voter, ever revoked the authority given to you to deliver it,

or has he to your knowledge already voted at this election ?

NO person so required to answer the said questions shall be qualified or permitted to vote, until he shall have answered such	What votes may be
rejected.
question or questions in such manner as shall show that he is enti- tled to have the voting paper tendered by him accepted by the returning officer or his deputy.

36.

IF any person shall wilfully and corruptly make a false answer to any of the questions aforesaid, or shall knowingly tender presentation.

Penalty for n e-

37.

14 52° VICTORT/E, No.

Road"; Act.

to the returning officer or his deputy, a false, untrue, or fictitious voting paper, such person shall be guilty of a misdemeanor, and on conviction thereof shall suffer the like penalties as if convicted of wilful and corrupt perjury.

38. NO voting paper shall be rejected for mere want of form,

Voting papers not to provided that the name or names of the candidates for whom the be rejected for want voter votes be intelligibly expressed, and in a manner to be coin-of form.

monly understood. If at any election any person entitled to more than one vote omit to specify on any voting paper the number of votes he is entitled to, his voting paper shall be counted as if he were entitled to one vote only.

39. EACH deputy returning officer shall immediately on the

Deputy returning	close of the ballot collect and seal up all the voting papers which
officer to deliver
voting papers to	have been taken at the voting place whereat he presided, and shall
returning. officer.	with the least possible delay deliver the same or cause the same to be delivered to the returning officer.

40. (i.) THE returning off

icer shall, so soon as may be practiy

Names of persons cable after the election shall have been held, openly declare the elected to be declared general state of the ballot at the close of the election as the sameby returning officer. b

shall have been made up and ascertained by him from the voting papers taken at the several voting places, and shall at the same time and place declare the name or names of the person or persons who shall have been duly elected at such election ; and in the event of the number of votes being found to be equal for any two or more candidates. such returning officer may, by ins casting-vote or votes, decide which of the said candidates shall be elected.

Returning officer not	(z.) No returning officer shall vote at any election of which
to vote except by

giving a casting vote.

he is the returning officer except in the case of an equality of votes.

(3.) The deputy of any returning officer, if entitled to vote

Deputy returning

at any election, may give his vote or votes in like manner as if he

officer may vote.

had not been appointed and acted as deputy returning officer.

No candidate to act	(4.)	No candidate at any election shall be entitled to act as
as returning officer

or deputy-

returning officer or the deputy of a returning officer.

Name', of persons

41. THE name or names of the person or persons so elected

elected to be return-	shall be returned to the Governor as the name or names of the
ed to Governor.	person or persons elected, and shall be notified in the Government
Gazette.

It election avoided

Any person whose name shall have been so returned and

persons elected to be	notified shall, notwithstanding- that his election and
deemed duly elected
till day of declara-	return shall subsequently be declared by competent
tion of avoidance.	authority to have been void, be deemed to have been duly

52' VICTORIEE, No. 16.

Roads Act

duly elected to all intents and purposes up to the day on which his election and return shall be so declared to have been void.

42. WHENEVER complaint shall be made to a Resident or

Police Magistrate of any district by any person who was a candidate In:	\ vairiedmeeld	e tif."
at any election held under this Act, or by any six persons entitled to vote at any such election, that any such election for any road board within such Resident or Police Magistrate's district was in- valid, or that any other person ought to have been returned thereat as a member of such road board in preference to the person actually returned as elected, the procedure thereafter shall be regulated in the following manner :-

(i.) It shall be lawful for such Resident or Police Magis- trate to issue a summons, summoning the returning officer at such election, and also the person or persons returned at such election, in preference to the party or parties complaining as aforesaid, to appear before him- self and such other Justice or Justices as may then be present on a day to be named in such summons.

(2.) On the said parties appearing, or, in default of their appearance, on its being shown that such summons was duly served, it shall be lawful for such Resident or Police Magistrate, and at least one other Justice resident within the district, to investigate the matter of such complaint. And if on such investigation it shall appear to them that such election was invalid, or that any other person ought to have been returned thereat in preference to the person returned as elected, it shall be lawful for the said Justices to declare accordingly. And thereupon, if the said Justices shall declare the said election to have been invalid, the same shall be deemed to have been null and void, and a fresh election shall be held as upon a vacancy ; and if the said Justices shall declare that any person ought to have been returned in preference to any other person, the latter person shall at once cease to be a member of the said board, and the person so declared as aforesaid to have been duly elected shall be deemed to all intents and purposes to have been duly elected.

(3.)	No such proceedings shall be taken except within three weeks of the day of the election out of which the complaint arises.

(4.) It shall be lawful for the said Justices to make such

order as to costs as may seem to them right.

Such order shall be enforced according to the pro-

visions

16 52° VICTORI}E, No. 16.

Roads Act.

visions of the Ordinance passed in the fourteenth year

of Her present Majesty, number five.

43. (i.) THE board shall enter upon their office on the day

Entry of board on	following their election.
office.

(2.)	On the third Thursday in December three members

shall go out of office by rotation, and an election shall be held to supply their places, and the persons elected shall assume office on their predecessors going out of office.

(3.)	If the first election of members of a board for a new

district takes place after June in any year, the next election shall not take place till December in the year next after the year of such first election.

(4.)	The members of each board shall go out of office in the

following order: that is to say, the three members who had the least number of votes at the first election under this Act shall be the first three to go out of office ; the three members who had the next smallest number of votes at the first election under this Act shall be the next three to go out of office ; and afterwards the members to go out of office shall always be the three who have been longest in office without re-election, and in cases where two or more members are elected on the same clay, as between themselves,• those having the smallest number of votes at such election shall be deemed the longest in office for the purpose of retiring by rotation.

(5.) In case at any election of members two or more are elected by an equality of votes, or the election is had without a ballot, it shall be determined by lot in what rotation, as between themselves, such members having an equality of votes shall retire by threes as aforesaid, as the case may be ; and in such case, the mem- bers shall retire according to the rotation so determined.

44. THE following cause shall create a vacancy in the office of

dared and filled.

hc'w do' member of a board: absence from three consecutive ordinary meet- ings of the board followed by a resolution of the board declaring the office vacant, which resolution the board may but are not bound to pass at the next meeting of the board after the expiration of the said three consecutive ordinary meetings.

Idembem of board to

45. SO soon after the first and every annual election of members

of a board under this Act as conveniently may be, the members shall

choofe

chairman

choose and appoint, in such manner as they may deem expedient, swam one from among themselves to be chairman, who shall go out of office on the determination of the next annual election of members.

Bye vacancy-in office

46. IF any bye vacancy occurs in the office of member the

of membership of

electors shall, upon a day to be fixed by the chairman of such board,

board.

and

52° VICTORIX, No. 16.

Roads Act.

and of which the chairman shall give due public notice, elect

another member to supply such vacancy.

IN case any bye vacancy occurs in the office of chairman, the members of the board shall choose and appoint, out of their own	Eye vacancy in office
of chairman.
body, another person to be chairman for the remainder of the then current year, and he shall continue in office till the time when his predecessor would have gone out of office in case no such vacancy had occurred.

47.

AT all bye elections of a member of the board, the course Of proceeding shall be the same, as near as may be, as is herein	Proceedings in cases
or vacancy in mem-
directed to be followed at the annual election.	bers of board.

48.

SUBJECT to the provisions of this Act, any chairman or member of the boardgoingout of office shall be eli gible for re- chairman or mem-	her eligible for re-
election.	election.

49.

IN case at any election of members the chairman is one of the members going out of office and is nominated for re-election, the

candidate being a

board shall appoint one of their own body to hold such election,

election.

who for such purpose shall have the powers and perform the duties

by this Act conferred and imposed on the chairman.

50.

ALL acts and proceedings of the board, or of any person in possession of the office of chairman or member, and acting as	Acts of chairman of
board to be valid.
such, shall notwithstanding it is afterwards discovered that there	noiavithstanding
was some defect in the election of the said board, or of any such	defect in election.
person, or that any such person was under any disability, be as valid and effectual as if the said board or such person had been duly elected.

51.

IN case no election is had of any member or members of the board, upon the day or within the time provided for such Irregular

e cotton,

52.

election, or if in case of any such election being had, the same is or afterwards become void, the electors shall not thereby be disabled from electing such member or members for the future; but in any case the election shall be had as in case of a bye vacancy ; and every act necessary to be done in order to and for the completing such election shall and may be clone, and shall be as valid and effectual for all purposes as if the election had been upon the day or within the time appointed for that purpose.

POWERS AND DUTIES OF ROAD BOARDS.

(1 .) THE possession, care, control, management, construc- tion and repair of all roads within a district, and of all bridges, P"""i"

hoards.

53.

drains,

18 VICTORVE, No. 16.

Roads Act.

drains, culverts, boundary posts, fences, and gates appertaining there- to shall be vested in, exercised, and effected by the road board of such district.

(2.)	The property and estate in the soil of all roads, and the

Property in the

Crown.

bridges, drains, and culverts thereon, shall be vested in Her

Majesty, her heirs and successors.

(3.)	No board shall expend a sum exceeding One hundred

Restriction as to ex.

penditure on roads,

pounds in the making in the first instance of a bridge or culvert, except by the direction and under the control of the Director of Public Works, or his deputy duly authorised by him in that behalf.

54. FROM and after the passing of this Act, it shall be lawful

The board and

certain persons em-	for a board or the Surveyor General of the Colony, or any person or
powered to enter,	persons acting under the authority of a board or the Surveyor
survey, and erect
Posts, Se., on land	General, to enter upon any lands for the purpose of examining, surveying, laying out and making lines of communication, and of erecting pegs, posts, or other land-marks upon such lands in such places as the board, Surveyor General, or persons acting as aforesaid may think proper.

55. ANY person obstructing or interfering with a board or the

Any person obstruct-

isnu7

Surveyor General, or any person or persons acting under the autho-

moving,EZ"rost7, rity of a board or the Surveyor General as aforesaid, while engaged

guilty of an offence. in the execution of any of the powers mentioned in the last preced-

ing section, and any person wilfully or negligently moving, breaking, throwing down, altering, defacing, destroying, injuring, or conceal- ing any such peg, post, or other land-mark as aforesaid, shall be guilty of an offence, and on summary conviction thereof by any two or more Justices of the Peace shall be liable to a penalty not exceed- ing Ten pounds.

56. IT shall be lawful for a board, subject to the provisions of

Board empowered to this Act, to take such land as may be required for making a newlake lands and

material for road- line of road or for the purpose of an alteration of an existing road as malting. may, in the judgment of the board, be deemed necessary for the

purpose, so that any road through lands other than Crown lands shall not exceed two chains in width ; and also from time to time to enter upon any land whether fenced or unfenced, adjoining or contiguous to any road, which requires making or repairing, and take from thence any timber, earth, stone, sand, gravel, or other material that may in the judgment of the board be necessary for making or repairing such road or any bridge, culvert, fence, or gate thereon ; and also from time to time to shoot upon and leave on such adjoining land any timber, earth, stone, sand, gravel, or other material that it may be necessary in the judgment of the board for the persons engaged in making or repairing such road, bridge,

culvert,

52° VICIPORLE, No. 16.

Roads Act

culvert, fence, or gate, to get rid of. Provided always, that no line of road shall pass through any garden, vineyard, plantation of fruit trees, or cemetery, nor shall injure or damage any dwelling house, church, or other permanently constructed building, nor pass within the distance of sixty-six feet from any inhabited dwelling house without the consent of the owner respectively, or the special order of the Governor in Council; in which latter case the board taking the land shall pay to the owner thereof such compensation if any as the Governor in Council May direct. Provided that such com- pensation shall be estimated according to the then value of the land taken and to the damage (if any) caused to any building thereon or adjacent thereto, or occasioned by reason of the severance of such land from other lands of such owner, or by reason of such other lands being otherwise injuriously affected by the taking of such first-mentioned land as aforesaid. The board shall not disturb or do any damage to any fence -upon any such lands, nor enter upon any such lands when fenced, except through the existing and usual openings in such fence. Provided that if there be no such opening convenient for the use of the board, it shall be lawful for the board, on giving one week's notice in writing of their intention so to do to the owner or occupier of such lands, to open any such fence ; and in such case the board shall erect a swing gate at such opening, which gate shall be kept closed by the board ; and any person leaving open such gate shall be liable, on conviction thereof, to a penalty not exceeding Ten pounds. Provided further that, in the exercise of the powers by this Act granted, as little damage as may be shall be done.

57. BEFORE any board shall take any lands alienated by the

Crown or held under conditional rights of purchase from the Crown,	Notice of intention
to take lands to he
for the purpose of opening a new line of communication, or of	given by board.
making any alteration in any existing line of road, a resolution passed by the board to take any such lands shall be published by
the board for three months in the Government Gazette and in some
newspaper circulating in the district of such board, and after the expiration of three months from the date of the first publication of such resolution the board may apply through the Commissioner of Crown Lands for the confirmation of such resolution by the Governor, and if such resolution be confirmed by the Governor, the board may thereupon take such lands, and without such confir- mation such lands shall not be taken by the board. Provided that if the area of land so taken shall in any case exceed, together with any land that may have previously been taken, one-twentieth of the full area of the land comprised in the location as originally granted by the Crown. or held under conditional rights of purchase from the Crown ; provided also that if the remainder of the land comprised in the location as originally granted by the Crown or held under

conditional

20 520 VICTORI}E, No. 16.

Roads Act.

---

conditional rights of purchase from the Crown shall be damaged, injured, or deteriorated in value, by reason of severance caused by any board taking any land for the purposes aforesaid, or either of them, to an amount which, together with the value of the land resumed by the board, shall exceed one-twentieth of the value of the whole location or of the whole block of land held under con- ditional purchase, the board taking the land shall pay to the owner of such remainder of such land such compensation in respect of such excess as the Governor in Council may direct.

Before applying for such confirmation, the board shall give to the owner and to the occupier of the lands intended to be taken (in every case where such owner or occupier is known) one month's notice, in writing, of the reso- lution of the board to open such new line. or to make such alteration as aforesaid.

58. ON the confirmation by the Governor of the resolution of

Notification of mad	a board to open a new line of communication, or to alter the line of
nudes. this Act.	any existing road, such line or altered line shall, subject to the provisions of this Act, be taken to be a road within the meaning of this Act, and shall be forthwith notified as such by the Com-
missioner of Crown Lands in the Government Gazette.

59. .) WITHIN one month from the receipt of the notice

owner or occupier	mentioned in section 55, if the land be already enclosed such owner
may require fencing
to he erected.	or occupier may in writing require the board serving such notice to erect a sufficient fence within the meaning of "The Cattle Trespass. Fencing, and Impounding . Act, 1552," along the land intended to be taken, on both sides thereof, either at once or at some future time to be specified by such owner or occupier.

Fences to be erected

(2.) Thereupon such fences shall be erected according to

such requisition.

(3.)	The expense of making and erecting such fencing shall

Expens o mak ing

fences.

be borne by the board.

(4.)	The expense of keeping such fencing in thorough repair

Expense of keepi	shall thereafter be borne by the owner or occupier of the land on
fences in repair.	which such fencing and gates shall be erected.

(5.)	In case of default of such owner or occupier the board

In default of mailer may effect such repairs and recover the expense thereof by sum-

board may repair and

recover costs.

mary proceedings before a Justice or Justices of the Peace in Petty

Sessions.

60. NOTHING in this Act contained shall be deemed to in

Act not to affect any way affect any right as to any land heretofore or hereafter to be

rights of the Crown

to resume land, &e.

alienated

52° VICTORI}E, No. 16.

Roads Act.

alienated by the Crown reserved to Her Majesty, her heirs and successors, or to any person or persons acting in that behalf by her or their authority, to do any act or thing by this Act authorised to be clone m pursuance and by virtue of the powers of this Act, which if this Act had not been passed might lawfully have been done by Her Majesty, her heirs and successors, or any persons acting in that behalf by her or their authority, under any such reservation as aforesaid.

61. WHEREAS roads have from time to time been pro-

claimed as main or minor roads without the provisions of the 5th, t.otag,:tii	a o	o
6th, and 7th sections of the Ordinance the 10th Vict., No. 19, lOads.
being carried into effect, be it enacted that all such proclamations shall notwithstanding be and be deemed to be valid and effectual for all purposes whatsoever.

62. THE board may make, publish, alter, modify, amend, or

repeal such by-laws as to it shall seem meet:

By-laws

1. For regulating their own proceedings and the appoint- ment of officers, clerks, and servants, and their duties, and for the custody of its deeds, records, books, and writings.

2. For the conduct of the election of members of a board so far as the same is not sufficiently provided for by this Act.

3. As to the times and mode of collecting and enforcing payment of rates either in arrear or current, and also of any license fees.

4. To regulate the publication of notices.

5. For the general control, use, management, and repair of

all lands, roads, bridges, ferries, jetties, piers, wharves, and landings under their control or management, and the prevention of obstruction thereto.

6. For the preservation of public decency and public health. 7. To prevent and prohibit animals suffering from any infec- tious or contagious disease, straying or being driven or ridden on any road, and for the slaughter and destruc- tion of all animals found so suffering on any road.

8. For lighting roads.

9. For the prevention and abatement of nuisances.

m). For directing the manner in which oxen or horses in

teams shall be driven, yoked, or harnessed upon a road.

I. For the general regulation of traffic upon roads and the

general good rule and government thereof.

22 52° VICTORIIE, No. 16.

Roads Act.

63. UNTIL ally by-law shall be so made for a district, any

Until by-laws made,

old by-laws in force.	by-laws theretofore made by a road board for such district or any part thereof shall he in force.
64. ( SUCH by-laws as aforesaid shall not be inconsistent with or repugnant to any of the provisions of this Act, or to any law in force, and when confirmed by the Governor, and published
By-laws to be ap-
proved.
in the Government Gazette, but not sooner or otherwise, shall have
the force of law ; and copies thereof shall be laid before the Legis- lative Council as soon as confirmed, if then sitting, and if not, within, fourteen clays after the opening of the next session.
(2.) Short particulars of such by-laws and of all by-laws affecting the persons being the officers or servants of the board shall be painted on a wooden frame or printed and fastened thereon.

(3.)	Such frame and particulars shall be set up in some con-

spicuous part of the principal office of the board, and in the principal court-house of the district, if there be such a court-house; and also

(4.) Where any such by-laws are of local application, such frames and particulars shall be set up in some conspicuous place in the immediate neighborhood to which such by-laws are applicable.

(5.)	Such frames and particulars shall be renewed as often

as they shall be obliterated or destroyed.

(6.)	No penalty shall be recoverable under a by-law unless

such particulars shall continue to be so set up.

65. ALL by-laws so to be made as aforesaid shall, where the

And enforced by

nature of the case may require, state some maximum penalty for

penalty.

any neglect or breach thereof respectively, provided that no such

maximum penalty shall exceed Twenty pounds.

66. ALL the provisions hereof, relative to offences against this

In same manner as

Act punishable upon summary conviction, shall be taken to apply

offences against the

Act.

to all offences committed in breach of any by-law duly made and

confirmed by virtue of this Act.

67. ALL claims by or on the part of a board to any money

lthioreement of	clue from any member. officer. clerk. or servant of a board, or to any
.'aim by board to
money. property, &c.,	documents, letters, books, papers, and writings, property, chattels,
in hands of an	and effects, not duly accounted for or retained by such member,
Uffeer.	officer, clerk.. or servant may be heard and determined by any two or more Justices in a summary way.
Justice, may order

delivery of account

I. Such Justices may order the delivery of any account and

or payment and the

the payment to a board of any money appearing thereby

delivery of docu-

ments or goods.

to be due from such member, officer, clerk, or servant,

whether

52° VICTORTZE, No. 16.

Roads Act.

whether he shall be then or have ceased to be a member of or in the employ of such board, and also the delivery of all such documents, letters, books, papers, and writings, chattels, and effects by such member, officer, clerk, or servant.

2. Such order may be enforced by such Justices, ordering or der ma be	the member or officer not complying therewith to be enforced. Y
imprisoned in any common gaol, with or without hard labor, for any term not exceeding six calendar months or until such order shall be complied with.

3. Such order shall be in addition to any other remedy a s uch order to be

board may have with reference to the subject matter in cumulative on other

respect of which the order shall be made.

remedies if any.

t. A board may also obtain a search warrant in respect of Board may obtain

any of its property, on oath being made that such pro- search warrant.

perty is believed (on grounds to be stated) to be in .any

house or place.

68.

THE board shall have power, subject to the provisions of

tBaonair otIone lbsaveno em`

this Act. to m

make alter extend

, exnd macadamise

, md, light water and

, ,

condition all public roads, paths, ways, thoroughfares, jetties, wharves, se.

cleanse, or otherwise improve, repair, and keep in good order and roads, drains,

wharves, and other premises, ferries and ferry boats, within their district, and to plant and maintain such trees on such roads and thoroughfares as may seem to them proper ; and to make all proper gutters, drains, and watercourses along or under the said roads, paths, wharves, jetties, ways, and thoroughfares for carrying off the water, mud, or other filth, and to remove or alter the same as occasion shall or may require, and to place bars and other fences across or along the said roads, paths, wharves, jetties, ways, or thoroughfares when under or preparatory to their alteration or repair, and to erect posts or railings, and suspend chains for guarding ways, gutters or the like. and generally to do and make or cause to be made and clone all acts and things whatsoever that may be necessary and proper for accomplishing the several purposes aforesaid.

A BOARD may, subject to the provisions of this Act, close all or any tracks or ways which may have been 111 use by the public Bt

oco

loins e a

rr n

69.

track, not being

for any number of years over any lands within the district of such "road."

board. and thereupon all public right of way over any such track or

way shall cease and determine: Provided that

1 . No such track or way shall be closed until three months notice shall have been given by the board in the Govern- ment Gazette, and in one newspaper circulating in the district, of the intention to close the same.

24 52° VICTORIZE, No. 16.

Roads Act.

2. After three months from the date of the first insertion of such notices a board may, by public notice under the hands of the chairman of the board, notify that the track or way has been closed ; and thereupon the same shall be deemed to be closed.

3. In such notices it shall not be necessary to name or define any such track or way to be closed, but the board shall in such notices clearly name and define all tracks or ways that are to be retained and kept open in the locality, and they shall be declared roads accordingly.

4. At ally time within twelve months after the notification of the closure by the board of any such track or way, any person who shall think himself aggrieved by the closure of such track or way may appeal therefrom to the Governor.

5. The Governor may decide such appeal summarily, and either confirm the closure of the track or way, or dis- allow the same, in which latter case the notification of closure by the board shall be absolutely void.

6. After such closure any person may use such track or way

until it shall be shut off by a fence or- otherwise.

70. ANY person desiring to place a gate across any road

Persons desiring to	shall apply to the board of the district in which such road is
place a gate across
;my road to apply to	situated for permission so to do, and shall also insert in three
board.	consecutive numbers of the Goverment Gazette a notice that he has clone so, and shall in such application and notice give full particulars of the locality where he desires to place such gate. And the board to whom such application is made may grant or withhold such permission. Provided always, that any person who shall place a gate across any road without leave first obtained as above shall, on conviction thereof before any one or more Justices of the Peace, be liable for each offence to a penalty not exceeding Five pounds.

ANY gate to be placed across a road shall be of such a description as shall meet the approval of the board. And any person or persons leaving open any such gate or gates shall be liable, on conviction thereof, to a penalty not exceeding Ten pounds, to be recovered as above.

71.

Penally for leaving

gate open.

THE board of the district may, with the approval of the tention so to do to the owner or occupier of the lands adjoining the road closed by any gate sanctioned by a road board, remove any

72.

Board may remove	Governor, and on giving six months' notice in writing of their in-
gate.

such

52° VICTORTIE, No. 16.

Roads Act

such gate. Provided that such approval shall not be given until a period of two months shall have elapsed from the date of the owner being served with such notice.

73. (1.) IF the majority of the ratepayers, in public meeting

assembled, pass a resolution in favor of the closure of a road, or if road	.onadii	e
the owner or occupier of any land over or along which any road may pass make application to the board in writing to close a road giving full particulars of the road, with reference to its locality, dimensions, the owners and occupiers on each side thereof, and (to the best of the applicant's information and belief) how it became a road, whether by resumption, dedication, or otherwise, and insert-
ing. such application in three consecutive numbers of the Government
Gazette, the board shall post notice of such resolution or application
in some conspicuous part of the Court House and Police Office (if there be such) in the district.

(2.)	If the board shall assent to such resolution or application,

it shall request, in writing to the Commissioner of Crown Lands, the

Governor's confirmation of such assent.

(3.)	The Governor may, through the Commissioner of Crown

Lands, confirm or overrule such assent.

(4.)	If six weeks shall elapse from the day of the receipt by

the Commissioner of Crown Lands of the request for confirmation, the confirmation shall, in the absence of notice of such rejection, be taken and deemed to have been given.

(5.)	On the confirmation of such resolution or application,

whether express or implied, the soil in such road shall again form part of the location or other holding from which it was originally taken, and in the event of the land comprised in said road not having been alienated from the Crown it shall remain in and be at the disposal of the Crown.

(6.)	Public notice of such confirmation of any such resolution

or application, whether express or implied, shall be given in the

Government Gazette in the case of an application at the applicant's

cost.

74. NO person shall

Removal or damage

Remove or damage any real or personal property in the

of personal property

possession or under the care and control of a board.

in the possession orunder the care of a

2. Nor wilfully obstruct a road.

board.

3. Nor having so obstructed it refuse to remove such ob-

struction when directed in writing to do so by a board.

4. Nor neglect to keep in repair gates and fences on the

sides of a road separating the land owned or occupied

by him from such road.

Every

26 52° VICTORUE, No. 16.

Roads Act

Every person so offending shall be liable to a penalty not exceed-

Penalties.

ing Twenty Pounds. And also

To the costs and expenses attending the removal of such

obstruction.

2. And attending the repair and replacing of any such real

or personal property, including posts, fences, and gates.

3. Such penalty, costs, and expenses may be recovered sum-

marily before two or more Justices of the Peace in

Petty Sessions on the complaint of a board or other the

person aggrieved.

IN the execution and performance by any road board of the powers and duties conferred upon it by this Act, a member of the said board shall not be personally liable in respect of the execution or non-execution of the said powers or the performance or non- performance of the said duties, unless it shall be proved that such member has been guilty of wilful or intentional misconduct or negligence. Provided that the said board shall be liable for any act done or omitted to be done if it be proved that such board has been guilty of culpable negligence.

75.

Liability of boards

A BOARD, within its jurisdiction, shall cause all drains to health, and to be properly cleared, cleansed, and emptied ; and for the purpose of clearing, cleansing, and emptying the same may construct and erect such works as may be necessary, and may cause all or any of such drains to communicate with and be emptied into any place, the same not being• a fresh water running stream, as they may deem fit or necessary ; and no person shall, without the consent of the board, cause any private drain or sewer to be emptied or flow into any public drain under the control of such board, nor do any act, matter, or thing which shall, in the opinion of such board, tend to the injury or stoppage of any such drain.

76.

Management of	and water courses to be kept so as not to be a nuisance or injurious
sewers and drains.

WHENEVER it appears that the person by whose act, the premises whereon the nuisance exists, is not known or cannot be found, then the board within the jurisdiction of which such premises are situate may remove, abate, or discontinue the nuisance, and the cost shall be defrayed out of the rates or moneys applicable to the execution of this Act, but shall be recoverable from any owner of the said premises.

77.

Board may abate	default, permission, or sufferance a nuisance arises, or the owner of
nuisances.

M ISCELLANEOUS.

78. ANY expenses incurred by a board ill doing any matter Or

E	xpen
se;recoverable from occupier May thing which by this Act the occupier of any premises is requested to

52° VICTORI1E, No. 16.

Roads Act.

do after default made by the occupier in that behalf may be recover-	be recovered in a
ed from such occupier in a summary manner by proceedings before	summary manner ;
any two Justices ; and in the event of the board being unable to	and in default of
occupier, may be
obtain payment thereof by any such occupier, or if such occupier is	recovered from the
not known or cannot be found within the Colony, or it should be	owner.
returned to a warrant of distress that there are not goods or chattels of such occupier sufficient to pay the sum for which such warrant of distress has issued, such expenses may be recovered against the owner of the premises as if such owner and not the occupier were primarily liable to pay the same.

79 .

( I .) ANY expenses incurred by a board in doing any

How expenses to be

matter or thing which by this Act the owner of any premises is	recovered from
required to do after default made by the owner in that behalf may	owner.
be recovered against such owner by summary proceedings before any two Justices in Petty Sessions.
(2.) Any summons issued by any Justice in this behalf ` against any such owner may, if such owner is not known or cannot be found within the Colony, be served in the same way as is provided by the next section of this Act in the case of notices.

(3.)	Thereupon, on proof of such service, it shall be lawful

for the Justices to adjudicate upon the case ; and any order made by the Justices in this behalf against any owner (who, if he be not known, need not be named but only described as the owner) may be enforced by warrant of distress against the goods and chattels of such owner.

(4.)	If such owner be not known, or it be returned to a

warrant of distress that there are not goods and chattels of such owner sufficient to pay the sum for which such warrant of distress has issued, the board may, at any time within twelve months of such expenses being incurred, obtain a warrant from any two Justices (which warrant such Justices are hereby empowered to issue) authorising- such board, by any officer authorised by such board in

' that behalf. to enter upon and take possession of the premises, or any part thereof in the name of the whole, upon which the said expenses have been incurred, and to hold the same until out of the rents and profits thereof such expenses together with all expenses incurred in the recovery thereof have been paid, any lease, tenancy, sale, mortgage, charge, or other encumbrance, whether created or not by such owner, notwithstanding.

(5.)	Where such land and premises shall have been brought

under the provisions of The Transfer of Land Act, 1s74," such board shall, within six weeks of the date of such warrant as afore- said, direct a memorandum of the issue of such warrant to be endorsed on the certificate of title whereof such land is the subject,

and

28 VICTORIX, No. 16.

Roads Act.

and thereupon such endorsement shall operate as a preferential

encumbrance or charge upon such land.

80.

WHENEVER, under this Act, any written notice is required to be given to the owner or occupier of any building or land, such notice, addressed to the owner or occupier thereof, as the case may require, may be served on the occupier of such building or land, or left with some inmate of his abode, or, if there is no occupier then resident there, may be put up on some conspicuous part of such building or land; and it shall not be necessary in any such notice to name the occupier or the owner of such building or land.

Services of notices.

When the owner of any such building or land and his residence are known, or if such owner is known not to be resident within the Colony, but to have an agent whose name and address are known to the board by which such notice is given, the board shall, if such owner or agent as aforesaid is residing within its jurisdiction, cause every notice required to be given to the owner to be served on such owner or his agent, or left with some inmate of his abode ; and if such owner is not resident, and has no known agent, within its juris- diction, shall send every such notice by post, addressed to the last known place of residence of such owner.

81. ALL written notices required under this Act to be served

on of no

"s. on any owner or occupier shall, if due service thereof has been once made on any owner or occupier, be binding on all persons claiming by, from, or under such owner or occupier, to the same extent as if such notice had been served on such last-mentioned persons respectively.

Penalties for ob.82. (1.) NO person shall wilfully obstruct any member, servant,

stilted/1g the excess- or officer of the board acting under the authority thereof or any tion of this Act. officer or person duly employed in the execution of this Act, nor

incite any other person to do so, nor remove, destroy, pull clown, injure or deface any boundary post, board, placard, or notice made, put up, or published under this Act.

(2.)	No occupier of any premises or any other person whom-

soever shall wilfully prevent or attempt to prevent the owner thereof, or Ins agent, from obeying or carrying into effect the provisions of this Act, or of any by-law made hereunder, under a penalty not exceeding Five pounds for every day of such prevention.

(3.)	The occupier of any premises, when requested by the

board within the jurisdiction of which the same are situate, or by any officer thereof, shall state to the best of his knowledge, informa-

tion

52° VICTORIZE, No. 16,

Roads Act

tion, and belief, the name and address of the owner of the premises

occupied by him, under a penalty not exceeding Ten pounds.

83.

WHERE any act is by this Act, or by any by-law of any board made under the authority hereof, directed to be done, or for-	Penalties for dis-
obedience to tills Act.
bidden to be done, or where any authority is given to a board, or any member or officer of a board, to direct any act to be done, or to forbid any act to be done, and such act having been duly directed to be done shall remain undone, or such act having been duly for- bidden to be done shall be done, in every such case the person making default as to such direction or prohibition respectively, as the case may be, shall be deemed guilty of an offence against this Act. Every person guilty of an offence against this Act, for which no penalty is specially provided hereby, shall be liable for any such offence to a penalty not exceeding the sum of Twenty pounds, in addition to all costs and expenses to which he is otherwise liable.

FINANCIAL.

84. THE ordinary income of a board shall be made up of :—

I. The rents, issues, profits, and clues arising from or out of Ihlo

l lc: m

n ea re. bur

the lands, tenements, and other property of the board or under its control and management, together with any fines or penalties that may be payable in consequence of any injury done to the same, or otherwise.

2. Fees, profits, or rents arising from or out of any public reserve with which it may have been endowed.

3. All dues and fees authorised by the Governor to be ex- acted in respect of any building, ferry, jetty, wharf, erection, or work placed by the Governor under its control or management.

4. All fees for licenses, and all fines and penalties which by this Act or any other Act or Ordinance are made pay- able to any board or recoverable under any by-law, excepting so much of the latter as may be payable to any informer.

5. All fines and penalties that may be incurred and recovered under the provisions of this Act within the district.

6. Any general rate made and levied.

7. Voluntary subscriptions of money or labor for the general

or special purposes of a board.

S. All sums of money which may from time to time be granted or apportioned from public funds for the purposes of the district. Provided always that of all such money not more than one-fourth shall be expended on minor

roads,

ITICTORL?E, No. 16.

Roads Act.

roads, and the balance thereof shall be expended on

main roads.

85. A BOARD is hereby authorised to make and levy such

Board an ho

make a rate

rate or rates within the limits of the district, not exceeding in the aggregate one shilling in the pound in any one year upon the rateable value of all rateable property within the district, as may be deemed by the board requisite for the purposes of this Act. and such rate shall be called the general rate.

86. FOR the purpose of determining the rateable value of pro-

Rate hook iv

made.

perty for the purpose of the said rate, a board shall cause a book to be kept (to be called " The Rate Book ") according to the form con- tained in Schedule F. to this Act, and shall enter therein all rate- able property within the district, and shall in the appropriate column state the full, fair, average, estimated net annual value of the same clear of all outgoings: and such value shall, in the case of all lands; tenements, and hereditaments that have been unoccupied for a period of six months previous to making up such book, and of any waste piece of land, be taken at one-tenth of its full fair value in fee ; and the said board shall cause to be entered in the said book the names of the owner and occupier and the other particulars in- dicated by the form given in the said schedule.

he completed

Such book shall be made up and completed on or before

before 2111 Saturday	the second Saturday in December in each year, and the
ni Deeenthen.	chairman shall then sign his name at the bottom of each page therein and shall set his initials against any altera- tion or erasure therein.

te he 00110111SiVe

2. The net annual value set against all rateable property in purposes be deemed to be the rateable value thereof during the year, beginning on the first clay of January next ensuing.

to annual value for	the said book so signed by the chairman shall for all
.manine year.

Ana open ti mapee

3. The said rate book shall at all times thereafter be open to

inspection by a ratepayer.

Manner of m

87. WHENEVER any such general rate has been ordered to

tate

be made and levied by the board as aforesaid, the chairman shall on a vacant page or pages of the rate book, to be left blank for such purpose, enter a memorandum of such order and shall sign the same and shall then give public notice thereof, and shall publish a copy of the same in some newspaper published in the Colony and cir- culating in the district.

Thereupon. at the expiration of fourteen days after the

publication of the last of such notices the amount of

such rate shall, subject to any by-law that may be made

52° VICTORIIE, No. 16.

Roads Act.

by the board relative to the times and modes of payment and of enforcing payment of the same, become due from and payable by, in the first instance, the tenant or oc- cupier at the time of the making of such rate of every such rateable property, and in the next instance within the year in which any rate is made, from and by any subsequent tenant or occupier, or if there be no such tenant or occupier, or if the board be unable to enforce payment by any such tenant or occupier as aforesaid, then from and by the owner of the same.

IF it shall at any time appear to the board that any property which ought to be included in any rate book shall have t	ourin g r ate
been omitted therefrom, or that the name of any person has been inserted therein as the owner or occupier of any property in respect of which sonic other person ought to have been assessed, or that any other matter purely of error shall need rectification, the board may cause a description of the property so omitted and the name of the owner or occupier to be inserted therein, together with the annual value at which such property shall be rated, and may also substitute for the name of the person erroneously inserted therein as the owner
or occupier of any property rated the name of the true owner or
occupier thereof, and correct any such other error in the said rate book as may be requisite.

88.

89. THE board may in their discretion, instead of causing to Boas ynemuratpero-

be prepared and published a fresh assessment in any year, use the

assessment of the last or any previous year, with such alterations and book.

additions as may appear necessary, and such assessment, with such

alterations and additions as aforesaid, shall, on public notice being

given that the same will be used as the assessment for the ensuin g

year, be deemed to have been duly made and published.

90. A BOARD, pending the collection of any rates or subsidies overdraft.

in aid of rates or grants which may be payable by the Government, may, for the purpose of carrying on or completing public works then in progress, obtain advances from any bank by overdraft of the current account ; but no such overdraft shall at any time under any circumstances exceed one-fourth of the prior year's income.

IN any proceeding taken to enforce payment of any general

the board to prove that a memorandum of the order ordering such rate.

rate to be made was signed by the chairman, that notice of the same

was duly given, that demand has been made for payment of the said

rate at least fourteen days before the commencement of the said

proceedings, and that the same has not been paid, that the person

against whom such proceedings are taken is or was at the time of

rate authorised to be levied under this Act, it shall be sufficient for 4inVhotetie recover

91.

the

32 52° V _10E11E 9 No. 16.

Roads Act.

the making of such rate or such demand as last aforesaid the tenant or occupier of the premises, or, if the proceedings are taken against the owner, that the premises are unoccupied or that the board is unable to enforce payrnent by the tenant or occupier liable in the first instance as aforesaid;

Thereupon the board shall be entitled to judgment for the amount of the rate calculated on the rateable value of the land or premises as the same appears in the rate book, or on some less value which the court or Justices before whom the proceedings are taken may determine to be the full, fair, average net annual value of the rated premises, free of outgoings as aforesaid.

Proceedings there-

after.

92, (1.) ALL rates leviable under this Act shall be recoverable

How robes may be

either by action at law, by summary proceedings before any two Justices in the same way as any fine or penalty is now recoverable, or by distress and sale.

(2.) If any person shall think himself aggrieved by the valuation put upon property, and whether as regards the amount thereof or the manner in which such valuation shall have been made, or otherwise howsoever, it shall be lawful for such person to appeal against the same in the Local Court of the district within which the property is situate by serving a notice in writing to that effect on the chairman of the board at any time within twenty-one days after publication of the notice of every general rate, and by de- positing in the hands of such chairman the amount of the rate assessed on such valuation and complained of by the appellant. together with a sum of two guineas to answer costs.

nmoverea

(3.)	Such court shall have power to hear and determine all

such appeals, not only as regards the subject matter thereof and the disposal of the deposits, but also to adjudicate on all the costs involved, as justice may require.

(4.)	If any person shall think himself aggrieved by any such

distress as aforesaid, and shall, whether there has been a previous appeal against such valuation or not, deposit in the hands of such chairman the amount for which such distress has been made, together with a sum of five guineas to answer costs, and serve him with notice in writing against such distress at any time before sale, then, but not otherwise, it shall be lawful for such person to appeal to the said court against such distress; and the said court is hereby empowered to hear and finally determine the same ; and to confirm or disallow the distress ; and to make such other orders in the matter in all respects as it shall deem just.

93. (I .) SUBJECT to the provisions of the next 'preceding

o boad. n

, to (us. section, the board shall be and is hereby empowered, in case of the

non-

52° VICTORDE, No. 16.

Roads Act.

non-payment of any portion of any rate leviable under this Act, within twenty-one days after demand made on their behalf on or at the residence of any tenant or occupier of the rated premises liable to pay the same or by posting the same upon the property in the manner hereinbefore provided with regard to notices, to issue a warrant under the hand of the chairman and seal of the board, directe d to the bailiff to be named therein, and enjoining hint to levy the amount by distress and sale by public auction of the goods and chattels that may be found on the premises so rated, or that may have been removed therefrom to avoid seizure and can be re-taken, or that belong to such tenant or occupier and can be distrained in any part of the Colony.

(0.) No sale of goods or chattels under this section shall take place until the expiration of five days after the seizure thereof. and no more fees than those stated in Schedule G. to this Act shall be taken.

Time fix sal

94. (i.) WHEN payment of any rate has been enforced against

or made by any tenant or occupier not primarily liable to pay the	Remedy to personswho, not being pri-
same. such tenant or occupier may recover the same from the tenant	marily liable to pay a
or occupier primarily liable by action at law, as money paid for such	rate, have paid thesame.
tenant or occupier, or by summary proceedings before any two Justices, or he may in like manner recover the same from the
owner. or deduct the same from any rent payable by him to the
owner of the land, any covenant or agreement by or between such occupier and owner to the contrary notwithstanding.

(2.)	The production of the receipts for such rates so recovered

from or paid by such tenant or occupier shall be a good and sufficient discharge for the amount so paid or recovered on payment of rent to the owner.

(3.)	When payment of any rate has been enforced against or

made by the owner of any property. or the amount of any such rate has been deducted as aforesaid front the rent otherwise payable by any tenant not primarily liable to pay the said rate, such owner may recover the amount so paid from the tenant or occupier primarily liable by action at law, as money paid for such tenant or occupier, or by summary proceedings before any two Justices.

95. EVERY board shall cause to be published in the Go vern-

Meld Gazette, and in a newspaper circulating in the district, issued	be published.
List of defaulters to
after the first clay of January and July, respectively, in each year, a list of all persons who shall be in arrear in respect of any rate, and of the amounts clue by them respectively, and in respect of what pro- perty; and from and after the date of such publication, such rates, with interest thereon at ten per centum per annum, and the expense of proceedings to recover the same, shall constitute a charge and have priority , after Crown Debts, to every security or claim of any

description

34 52° VICTORI1E, No. 16.

Roads Act.

description against the estate real and personal of the debtors

respectively.

96. (i.) IF any rate or rates imposed or money payable and

Premises may be sold recoverable under this Act shall remain due and unpaid for the term	for arrears of Rates,
ko., remaining MI- of twelve months in respect of any property whatsoever, whether thepaid for eighteen
months. owner thereof be resident in the Colony or not, and if no sufficient distress can be found on the property applicable thereto, it shall be lawful for and incumbent upon the board to cause a notice according to the form of the Schedule I-I. to this Act to be signed by the chair- man, and a copy thereof to be published in three successive numbers

of the Government Gazette or of two newspapers circulating in the

district, stating the amount of rates due and unpaid or moneys pay- able and recoverable as aforesaid in respect of such property (des- cribing the same by the name, if any, by which it is most usually known, and by the name of the owner or last known owner of the same), and warning the owner, and all other persons interested therein, that in default of the payment of the said amount clue, and all expenses caused by non-payment of the same, within two months after the first publication of the said notice, a petition will be presented to the Supreme Court as hereinafter mentioned.

(2.)	If the amount and the said expenses be riot paid at or

before the expiration of the time specified in such notice for payment, it shall be lawful for the board, and the said board is hereby required, to present a petition to the Supreme Court, stating the imposition of the rate on or money payable and recoverable in respect of the said property, the non-payment of the same, the fact that no distress can be found on the said property sufficient to satisfy the same, and the publication of the notices aforesaid.

(3.)	Any Judge of the Supreme Court, on being satisfied of

the proof of such circumstances, shall order the said property or such part thereof as may be deemed sufficient to satisfy the said rate and moneys and all expenses caused by the non-payment thereof as aforesaid to be sold by some person to be named in such order by public auction, and the proceeds of such sale (after deducting the expenses thereof) to he paid to the Registrar of the Supreme Court.

(4.)	The Registrar, on receiving the same, shall out of such

moneys pay to the board on demand the amount of such rates or moneys as aforesaid, and of all rates imposed on such property and clue in respect thereof up to the day of such sale, and all costs and expenses incurred by such board in the premises, and shall hold the overplus (if any) in trust for such person or persons as may prove himself or themselves entitled to the same.

(5.)	The said Judge may, at the time of making any such

order, give any directions that lie may deem proper touching the

time and place of such sale, and the notices to be given thereof

(6.)

52° VICTORIiE, No. 16.

Roads Act.

(6.) No neglect of any of such directions shall in anywise invalidate any such sale, but the person or persons neglecting the same shall be deemed guilty of contempt of Court, and may be ordered by the said court to make compensation, to be assessed as the said court may direct, to any person injured or damnified by such neglect.

97. A CERTIFICATE of the sale of any such property as Certificate to be

aforesaid, according to the form contained in Schedule I. to this given to purchaser. as the person to sell the said property.

The Registrar of Titles shall, on production by the pur- chaser thereof of the said certificate and of an office copy of the said order, forthwith bring the said property mentioned in the said order and certificate under the operation of " The Transfer of Land Act, 1874," by registering the name of the person named in the said certificate as the purchaser and the proprietor of the said property.

98. ANY person ordered to sell any such property as aforesaid Person ordered to

may act as an auctioneer in respect of any such sale without any e

z st

auctioneer's

license authorising him so to act.

99. NO rate whatever shall be levied on the property of Her Exemption from

Majesty, not being let or hired to any private individual, nor on any rates.

premises vested by Her Majesty or by any Ordinance or Act in any

trustee or trustees constituted for any religious or other public

purposes, or permanently appropriated for the purposes of public

recreation, nor on any allotment or part of allotment containing any

hospital, benevolent asylum, orphanage, building used exclusively

for charitable purposes, church, chapel, or other erection used for

public worship, nor on any convent or nunnery, monastery or edifice

of a religious brotherhood, public school, public library, museum, or

mechanics' institute or public reserve.

100. THE whole of the income of the road board of any

ing, shall be applicable solely toose

ev‘iz;enocifinb

n.old ins

district, from whatever source accruing,

to doing or carrying out those things which by this Act the board is come.

empowered or required to do or carry out.

ACCOUNTS AND AUDIT.

101. 'TWO auditors shall be appointed, one of whom shall be

the Resident Magistrate of the district or a person appointed by iernItteor to be am

him, the other shall be elected by the ratepayers at the annual

general

36 52° VICTORIA, No. 16.

Roads Act

general meeting. Should the ratepayers neglect or refuse to elect their auditor, the appointment shall be made by the Resident Magistrate.

Books of account,	102. (i.) EVERY board shall cause books to be provided and by the Governor, and true and regular accounts to he entered therein of all sums of money received and paid on account of and for the board, and of the several purposes for which such sums of money have been received and paid; the said books shall at all reasonable times be open to the inspection of any member of the board, ratepayer, or creditor of the board, without fee or reward ; and any such person may take copies of or extracts from the said books without paying anything for the same.
and inspection by	kept in such form (if any) as may from time to time he appointed
persons interested.

(2.)	Any person having the custody of the said books who

shall not on any reasonable demand of any such member, ratepayer. or creditor, permit him to inspect the said books or to take copies or extracts as aforesaid, shall be liable to a penalty not exceeding Five pounds for every such offence.

(3.)	All moneys of the board amounting to Twenty pounds

and upwards shall, within seven clays, or such shorter period as the board may direct, after they have come into the hands of the board. or of any of the officers, servants, or clerks for the use of the board. be paid into such bank and in such manner as the board shall from time to time appoint and direct for that purpose.

(4.)	No such money shall be drawn out of such bank except-

ing by a cheque signed by the chairman and countersigned by

another member of the board or by the clerk or secretary.

Annual balance and

103. (i.) THE board shall cause the accounts of the board to

audit.

be balanced annually up to the thirty-first clay of December in each year ; and after such balancing the auditors shall audit the said accounts as soon as conveniently may be.

(2.)	The board shall, by their clerk or other proper officer,

produce and lay before the auditors the accounts so balanced as aforesaid, with all vouchers in support of the same. and all books, papers, and writing's in their custody or power relating thereto.

(3.)	If the accounts be found correct, the auditors shall sign

the same in token of their allowance thereof, but if they think there is just cause to disapprove of any part of the said accounts, they may disallow any part of the said accounts so disapproved of, and take such steps thereupon as are hereinafter provided.

Persons interested

104. ANY person interested in the said accounts, either as a

may be present.

creditor of the board or as a ratepayer, may be present at the audit

52° ITICTORI2E, No. 16,

Roads Act.

of the said accounts, by himself or his agent, and may make any objection hi writing, signed by such person or his agent, to any part of such accounts.

105. AN annual statement or summary, showing the financial

position of the board at the end of December in each year, shall be	Annual financial
statement.
prepared by the board, showing on the one side the amount received from each source of ordinary income, and, on the other, the various statemen t shall be audited by the auditors, and if found correct, shallmatters and things on which the same has been expended, and such
be certified as correct under the hand of the auditors, and when so
certified shall be published hi the Government Gazette and hi at least
one newspaper circulating in the district.

106. IT shall be the duty of the auditors, if they shall find any

account or statement submitted to them for audit under the pro-	Duty of aud o
visions of this Act to be erroneous or deficient in any particular, unless such error or deficiency be at once made good by the person or persons liable to make it good, instead of signing such account or
statement, to publish in the Government Gazette, and in some one
newspaper circulating in the district, a statement showing in what respects they have found such account or statement erroneous or deficient, and shall take the proper steps to have such error or deficiency made good by the person or persons liable to make it good.

107. ( I.) IN auditing the accounts of any board, the auditors

shall disallow any expenditure which is not authorised by or which Duty of auditors.

contravenes any provision of this Act, and shall refer to the

minutes of proceedings kept by such board to ascertain by whom

such expenditure was authorised.

(2.) The individual members of the board who have sanc- tioned any such expenditure as may have been disallowed shall be personally liable, jointly and severally, to make good to the board -the amount or amounts so spent.

(3.)	The auditors shall certify to the board the amount of

any such unauthorised expenditure, and the names of the members who are liable to make good the same as aforesaid ; and in case the said sums are not made good to such board to the satisfaction of the auditors within seven days after such certificate is given, the auditors shall, in the name and on behalf of the board, sue for the same in any court of civil jurisdiction, and shall, if it appear to such court that such expenditure was not authorised, or was in contravention of any provisions of this Act as aforesaid, be entitled to judgment for the sum or sums so spent by any person or persons sued who may appear to have concurred in such expenditure ; and the amount

°77-7CTOr Tt No. _

—

11J 3

Roads Act.

so recovered by the auditors in any such action shall be forthwith

paid over by them to the board.

(4.) In any such action as aforesaid, the minutes of proceed- ings kept by the board shall be prima facie evidence of ally facts

therein stated.

•

108. (1.) EXCEPT when otherwise provided by this Act, all penalties under this Act and all orders for the payment of money or otherwise may be enforced and recovered summarily before any two or more Justices of the Peace in Petty Sessions.

?,. @lure.

(2.) Sections A, C, F, G, & H of " The Shortening Ordin- ance, 1853," shall be incorporated with and form part of this Act to all intents and purposes., and in as full and ample a manner as it the said sections had been introduced and fully set forth iii this Act.

(3.)	Every person who shall think himself aggrieved by any

order made under this Act for the payment by such person of any

sum exceeding Five pounds, or by the infliction of any penalty

exceeding Five pounds, or of ally term of imprisonment shall have a

right of appeal to the Supreme Court, shall give notice of such

appeal to the other party within three clays, and shall also enter such appeal for hearing within one month after the date of the making of the order or conviction appealed against.

109. (r.) EXCEPT where otherwise provided by this Act or

Notices. by a by-law, " Public Notice " shall be given by one insertion in the Government Gazette and in a public newspaper circulating in

the district and by posting the notice in some conspicuous part of the road board's office of the district or the office of the Resident Magistrate.

(2.) All other notices shall be in writing signed by the chair-

man or some person on behalf of the board, and shall be given or

sent through the post to the usual or last known place of abode in

the Colony of the person for whom it shall be intended or his agent. (3.) Production of the Government Gazette shall be sufficient

proof of the matters therein contained, as provided by this Act.

110. ALL actions or suits brought by or against a road

Actions brought and

gefemled in name of	board may be brought or defended in the name of the chairman of
Chairman.	such road board.

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

to this Act.

F. NAPIER BROOKE, Governor.

SCHEDULES.

52° VICTORPE, No. 16.

Roads Act.

SCHEDULES.

Schedule A. (section 2).

The Ordinances

4 William IV., No. 1. 7 William IV., No. 1. 10 Victoria, No. 19.

22 12 Victoria, No. 23.

The Acts

.. 34 Victoria, No. 26. 40 Victoria, No. 12. 43 Victoria, No. 6. 44 Victoria, No. 6.

2 ,	39 Victoria, No. 12.
e

Schedule B. (Section 15).

List of -Voters for the Road District of

made for the yet r 18 .

Description and

Valve

son sap/s p ed I

Surname or Po

Christian name

o r come pers..

Trade or occults-

situation of pro-

Whether as °warn

t\'.. iiis

laa

Milliner Pi

potion.

Polly givinc title

or oomMier.

Votes.

be inbred to role

pd.

tO VOW.

(Sip ed) A.B.

Chairman of the Board.

Schedule C. (Section 16).

Application by a person whose name has been omitted from any list

to have his name inserted thereon.

To the Chairman of the Board of the

•

Road District.

Sir,—I hereby claim to have my name inserted on the electoral list for the Road District of in accordance with my qualification, as stated hereunder.

Dated this

day of

A.D. 18

(Signed) A.B.

(name in full)

Description and

Rateable value

situation of pro-

Wlmther

Surname of Christian name

clam ant.

Trade fn. (manna-

of property

Number of votes

perty in respect

Claimant.

lion.

lug owner or necordinz to Yate

claimed.

of which claim

occupier.

is made.

honk.

Schedule D

52° -HUMBLE, No. 16.

Roads Act.

Schedule D. (Section 23).

Electoral List for the Road District of

, fbc the new

beginning Nove»tber 1st, 18

, and ending October 31st, 18

Voter t c Christian

Description and situ-;

Voter's Stutuathe.

Too or occupation.

anon or rateable

to metildithttt

Nome.

property.

ttl.

(Signed) A B.

Chairman of the Board.

Schedule. E. (section 35).

Form of prod f.

District. Road Board Election.

I, the undersigned, being a ratepayer, entitled to ('° vote n

•

fl E l

IEEE'

the Road Board Election for the

District

to be holden on the

day of

lb hereby authorise you to be and act as my proxy

and agent in voting on my behalf at the said election.

Witness my hand this

day of

(Signed)

Schedule E. (Section SG).

Form of the Rate Book.

-■

Description cud

,111.:/10 , ■11	(It	tntstilt.	SaIlle of on nor	RootIon ol ram-
itercon Paler.	°cont.:Hot.	rat ca t tle proper)	able properly.

• •-

Schedule G. (Section n).

For every Warrant of Distress ....	.............. One Shilling
For man in possession each clay or	part of day, ... Five :ihillings

Not exceeding ons

shilling in

the

For inventory, sale, commission, and

delivery of goods

on not

Proceeds of Op.

Proceeds

sale.

Schedule

52° VICTORIA, No. 16.

Roads Act.

Schedule El. (Section 96)

Form of Notice.

By virtue of the provisions of "The Roads Act, 1888," notice is here- by given to all parties interested therein that the sum of £ has now been

due and unpaid for the term of twelve months in respect of rates made and

assessed by the board of the District of upon (here describe and payment of the said sum is now required; and the owner of the saidthe premises) within the said District (or otherwise as the case may be),

property, and all other persons interested therein, are hereby warned, that

in default of payment of the said sum of £ together with all expenses

caused by the non-payment of the same, on or before the

day of

18, to (the person appointed by the Board to receive the same) a petition

will be presented by the said Board to the Supreme Court, praying the said Court to order the said property, or a competent part thereof, to be sold, pursuant to the provisions of the said Act.

Dd this

ate

day of

A.D. 18

(Signed) A.B.,

Chairman of the Board of the District of

Schedule I. (Section 97).

Form of Certificate of Sale.

Whereas, by an order of the Supreme Court, dated the

day of

18 , it was ordered that (here describe the property ordered to be sold)

should be sold by public auction by me, the undersigned, and the proceeds of such sale be dealt with as in the said order mentioned; Now I, the under- signed, do hereby certify that the said property was put up to sale by public auction on the day of , and that of became

the purchaser thereof, for the sum of £

In witness whereof I have hereto set my hand this

day

A.D. 18

(Signed) KB.

By Authority : RICHARD PETHER, Governiu L t Printer, Perth.