Roads Act 1911 (WA)
THE ROADS ACT, 1911
(No. 29 of 1911.)
ARRANGEMENT.
| PART I.-PRELIMINARY. | Division 4.-Appointuneat of Commissioner |
| Sec. | where no Board. |
| 1. Short title. | Sec. |
| 2. Commencement. | 26. Power to appoint Commissioner where |
| 3. Division of Act. | there is no board or quorum. |
| 4. Repeal. | 27. On appointment of Commissioner re- |
| 5. Interpretation. | maining members go out of office. |
| 6. Sundays and holidays. | 28. Power after appointment of Commis- |
| 7. Misnomer in Act, Order in Council, | sioner to restore government of dis- |
| etc., not to prejudice. | trict to a board. |
Division 5.-Qualification of Electors.
29. (1.) Electors.
| PART 11.-ROAD DISTRICTS. | (2.) Wards. (3.) Number of votes. |
| 8. The Governor may constitute, unite, | (4.) Voting of ratepayers of muni- |
| divide, or abolish districts. | cipality or part thereof trans- |
| 9. (1.) Effect of abolition of district. | ferred to Road Board. |
| (2.) Effect of division, severance, etc. | 30. Joint owners or occupiers. |
| (3.) Effect as to By-laws. | 31. Power to corporation to nominate a |
| (4.) Effect as to valuation and rates. | person to be placed on the roll. |
| 10. Existing districts. | 32. Manager may be registered. |
| 11. Townsites to be included in districts. | 33. New districts. |
| 12. Powers in Municipal Corporations Act, |
| 1906, may still be exercised. | Division 6.-Electoral Bolls. |
34. Preparation of lists.
35. Claims.
36. Objections.
| PART HL--ROAD BOARDS. | 37. Lists to be published of claims and |
objections.
| Division 1.-Constitution of Boards. | 38. Board to hold court for revision of list. 39. Notice to be given. |
| 13. Boards. | 40. Constitution of court. |
| 14. Board to be a body corporate. | 41. Court may be adjourned. |
| 15. Existing Boards. | 42. Powers of the Court. |
| 16. Constitution of Board on division of | 43. Hearing of claims and objections. |
| district into wards. | 44. Costs in eases of frivolous, etc., claims |
| 17. New election on change of number of | or objections. |
| members or boupdaries. | 45. Certificate, etc., of revision. 46. List to be made out and signed by chair- |
| Division 2.-Qualification of Members. | man. |
47. List so signed to be the electoral roll.
| 18. Qualification of members. | 48. Copy of roll to be evidence. |
| 19. Disqualifications. | 49. Copies of roll to be supplied. |
| 20. Supervening disqualifications. | 50. Omission to publish, etc., not to in- |
| 21. Penalty for acting when disqualified. | validate proceedings. |
51. Minister may appoint time for doing anything connected with electoral lists not done within time prescribed.
Division S.-Retirement and Vacancies.
| 22. Annual retirement of members. | 52. Procedure on failure of Board to hold |
| 23. Retirement in ease of new districts. | Revision Court. |
| 24. Extraordinary vacancies. | 53. Where no Board, Minister may appoint |
| 25. Retiring member eligible for re-election. | person to make roll. |
Roads.
| Division 7.--Election of Members. | See. |
| Sec. | 98. illegal practices. |
| 54. First elections. | 99. Punishment. |
| 55. Annual elections. | 100. Penalties in case of nomination of in- |
| 56. Extraordinary vacancies. | capacitated person. |
| 57. Returning officer. | 101. Prohibition of canvassing near polling |
| 58. Appointment in new districts. | booths. |
| 59. Appointment of returning officer gener- | 102. Electoral offences. |
| ally. | 103. Offender may be removed from polling |
| Returning officer not to be a candidate. 60. Returning officer may appoint a deputy, | place. |
104. Further punishment.
| etc. | 105. Expenditure on behalf of a candidate. |
| 61. Expenses of Returning Officers, etc. | 106. Liability for indirect acts. 107. Attempts. 108. Certificate evidence. |
| Division 8.-Nomination of Candidates. | 109. Hard labour may be awarded. |
| 62. Nomination day. | 110. Indictable offences. |
| 63. Nomination-how made. | 111. Summary conviction. |
| 64. Proceedings at nomination. | 112. Criminal Code not to apply. |
| 65. Acceptance of nomination conclusive as |
| to compliance with Act. | Division 12.-Ouster front glee. |
117. Ouster from office.
| Division 9.-The Polling. | 114. Governor may supersede a Board. |
| 66. Polling places. | 115. Vacation of office. |
| 67. Ballot papers. | |
| 68. Presiding officers. | |
| 69. Scrutineers. | |
| 70. Powers of returning officer, etc. |
| 71. Ballot-boxes. | PART IV.-PROCEEDINGS OP THE |
| 72. Manner of taking poll. | BOARD. |
| 73. Ballot-papers to be given to persons | 116. Election of chairman. |
| applying. | 117. Duration of office of chairman. |
| 74. Manner of voting by ballot. | 118. Chairman to preside. |
| 75. How vote to be marked. | 119. Absence of chairman. |
| 76. Questions at elections previous to mak- | 120. Resignation of chairman. |
| ing electoral roll. | 121. Appointment of officers. |
| 77. Questions to be put to elector at all | 122. Remuneration on resignation or aboli- |
| other elections. | tion of office. |
| 78. Spoilt ballot-papers. | 123. Board meetings. |
| 79. Voting in absence. | 124. Quorum. |
| 80. Deputy returning officer to transmit bal- | 125. How questions decided. |
| lot-papers to returning officer. | 126. Member cannot - vote when interested. |
| 81. Ascertainment of the poll. | 127. As to adjournment of meetings. |
| 82. Ballot-papers when not deemed to be | 128. As to revocation or alteration of reso- |
| informal. | lutions. |
| 83. Disposal of ballot-papers. | 129. Board may appoint committee. |
| 84. Publication of result of elections in | 130. Meetings of committee. |
| Government Gazette. | 131. Proceedings of Board not to be invali |
| 85. Adjournment of polling in case of riot. | dated by vacancy. |
| 86. Adjournment, when from some cause | 179. Minutes of Boards. |
| no election held. | 1311. :minutes to be evidence of proceedings. |
| 87. Errors of form not to vitiate elections. | 134. Minute book to be open to inspection. |
| 88. Election not to be questioned for de- | 135. Board to provide office. |
| fect of title. | 136. General meeting of ratepayers. |
89. Invalidity of election no plea to action.
90. Abortive election.
|
| 9 Invalid elections, how remedied. | BOARDS. |
137. Control of roads.
| Division 11.-Electoral Offences. | 138. Jetties. |
| 92. Offences. | 139. Governor may place reserves, etc., under |
| 93. Breach or neglect by officer. | control of Boards. |
| 94. Bribery. | 140. Governor may place certain works under |
| 95. Definition. | control of Boards. |
| 96. Undue influence. | 141. Governor may appoint Board a Drain- |
| 97. Definition. | age Board. |
in.
Roads.
| See. | Sec. |
| 142. Bridges, etc., under control of Board. | 172. Trees obstructing or injuring /ands. |
| 143. Governor may exempt roads, etc., from | 173. Management of sewers and drains. |
| the control of Board. | 174. Board may abate nuisance. |
| 144. (1.) Powers of Board: General man- | 175. Board may require land abutting on |
| agement of roads, etc. | made roads to be fenced. |
| (2.) Footways. | 176. Prevention of fires. |
| (3.) | Jetties and bathing houses. | 177. Board may establish pounds. |
| (4.) Water supply. (5.) Drains and water-courses. | 178. Methods of entering into contracts. |
| 179. By-laws. | |
| (6.) Drainage from roads. | 180. Uniform general by-laws. |
1
| (7.) Tree-planting. | 181. Penalties and fees. |
| (8.) Reserves. | 182. Confirmation and publication of by- |
| (9.) Tramways. | laws. |
| (10.) | Temporary closing for repairs. | 183. By-laws not to relieve offenders from |
| (11.) | Deposit of road material. | other proceedings. |
| (12.) Clearing. | 1.84. Proof of by-laws. |
| (13.) Ferries. | 185. Building regulations. |
| (14.) Hospitals. | 186. Channels from mines. |
| (15.) 145. Roads and material thereof vested in | Joint subsidies. | 187. Destruction of vermin and noxious |
weeds.
| Board. | 188. Conferences. |
| 146. Displacement, etc., of materials of | 189. Board may Hake compositions. |
| streets. | 190. Board relieved from certain actions. |
| 147. Steam road roller. | 191. Liability of members of Board. |
| 7.48. Boards to unite in making or repairing |
a road on connnon boundary.
| 149. Local authorities to unite in bidding or maintaining bridge, etc., across river, etc., common boundary. | PART VL-REVENUE. |
| 150. Minister may determine that such work | Division I.-Ordinary Revenue: Grants. |
or services be done or provided for.
| 151. Agreement to be made between local | 192. Ordinary revenue. |
| authorities for maintaining works. | 193. Government grants. |
152. Court may summon local authorities
| failing to treat. | Division 2.-Rateable Propeay. |
| 153. Court may apportion work and order | 194. What shall be rateable property. |
| execution. 154. Works may be executed accordingly. | Division 3.-Valuations. |
| 155. On omission Minister or either party |
| may execute and recover expense. | 195. Annual valuation of rateable property. |
| 156. Contrilmtion by other local authorities. | 196. Mode of making valuation. |
| 157. Judgment may be satisfied out of cus- | Capital unimproved value. |
| tody. | 197. Annual value. |
| 158. Minister may vary orders. | 198. Valuation of pastoral leases. |
| 159. Expenditure on bridges and culverts to | 199. Valuation of timber leases and other |
| be under direction of Minister. | concessions. |
| 160. No road of less width than sixty-six | 200. Timber and firewood lines, etc. |
| feet to be laid out, | 201. Valuation of mining holdings. |
| 161. No road to be set out within sixty-six | 202. valuation of tramways |
| feet of building. | 203. Valuation of gas mains and electric |
| 162. Power for Minister to repair main | lines. |
| roads in default of Board. | 204. Valuation of subsidised lots. |
| 163. Resolution to open new road to be con- | 205. Rating of persons residing on m ining |
| firmed by Governor. | leases. |
| 164. Procedure for taking land. | 206. Valuers. |
| 165. Owner or occupier may require fencing | 207. (1.) Entry on premises by valuer. |
| to be erected. 166. Notification of new road. | (2.) | Valuer empowered to make in- |
| quiries. | ||
| 167. Board may take materials for roadmak- | (3.) | Penalty for false answers. |
| (4.) | Penalty for wilfully incorrect val- |
ing.
| Com pensation. | uation. |
| Excavations to be fenced. | 208. Minister may ordel new valuati.m. |
168. Board nay close a road permanently.
| 119. | Board may close a track, not being a | Division | Pates. |
| road. | 209. Rate-book. |
| 170. Gates across roads. | 210. Owner where nano not known to be |
| 1.71. Board may require land on which there | rated as owner. |
| is an excavation to be fenced. | 211. Rate-book to be open to inspection. |
1V.
Roads.
| Sec. | Division 7.-Overdraft. |
| 212. One rate-book and notice of assess- | Sec. |
| ment may be used for several rates. 213. Alteration or amendment of rate-book. 214. Minister may extend time for making | 254. Overdraft. |
up rate-book.
| 215. Board to prepare annual estimate. | PART VII.-BORROWING AND |
| 216. Board authorised to strike rates. | SPECIAL POWERS. |
Local rates.
| 217. Loan rates. | 255. Power to borrow money. |
| 218. :thniinum rates. | 256. Purposes for which money to be bor- |
| 219. Rates to be made for the financial year. | rowed. |
| 220. Manner of making rate. | 257. Amount to be borrowed. |
| 221. Notice of assessment. | 258. Permanent works and undertakings. |
| 222. Provisions in case of new districts. | 259. Loans to be raised on debentures. |
| 223. Exemption. | 260. Form of debentures. 261. Debentures to be payable to bearer. 262. Debentures and coupons to pass by |
| Division 5.-Appeals. | delivery. |
| 224. Grounds of appeal. | 263. When debentures to be made payable. |
| 225. Appeals, how made. | 264. Plans, specifications, and estimates to |
| 226. Appeals to the Board. | be prepared before borrowing. |
| 227. Appeal to the Local Court. | 265. Notice to be published. |
| 228. Court may order costs. | 266. Power to demand vote of owners. |
| 229. Decision of Court final. | 207. Vote of owners, how taken. |
| Power to state case. | 268. Power to Board under certain circum- |
stances to proceed to raise money.
269. All debentures valid under certain cir-
| Division 6.-Liability for and Recovery of | cumstances. |
| Rates. | 270. Sinking fund. 271. Power to purchase debentures instead |
| (i.) Generally. | of contributing to sinking fund. |
272. Power to purchase debentures.
| 230. Who is liable for rates. | 213. Sinking fund may be placed at fixed |
| 231. Payment of rates by mortgagee. | deposit. |
| 232. Apportionment of rates on change of | 274. investment of interest on sinking fund. |
| ownership. | 275. Application of sinking fund to meet |
| 233. Persons liable to be resorted to in | debentures. |
| succession. | 276. Power to Treasurer to transfer sinking |
| 234. trow rates may be recovered. | fund after repurchase of debentures. |
| 235. Complaint or action for rates. | 277. When Treasurer may transfer. |
| 236. All rates may be included in one sum- | 278. Priorities of debenture holder. |
| mons. | 279. Power to appoint receiver. |
| 237. Rate-book to be evidence. | 280. Power to remove receiver. |
| 238. Refusal to give name of person liable. | 281. Powers of receiver. |
| 239. List of defaulters may be published. | 282. Commission to receiver. |
| 240. Arrears may be written off. | 283. Transfer of sinking fund to receiver. |
| 241.. Application of this Part to annexed | 284. Purposes for which receiver is to hold |
| areas. | moneys. |
285. Separate accounts to be kept of every
| (ii.) Power to Lease. | loan. |
286. Balance of loan, how applicable.
242. Power to lease land on which arrears
of rates are due.
243. Procedure.
244. Release of property after demand and
| payment of arrears. | PART yin-ACCOUNTS AND AUDIT. |
245. Appropriation of rents received.
| 246. Land, when vested in the Board. | 287. Financial year. 288. Books of account, and inspection by |
persons interested.
| (iii.) Power of Sale. | 289. Quarterly financial statement. |
| 247. When land may be sold. | 290. Money in hand at end of each year |
| 248. Warrant of execution. | to be paid into bank. |
| 249. Certificates to be conclusive. | 291. Officers to deliver accounts, etc. |
| 250. Applicati on of proceeds. | 292. Officers failing to render accounts or to |
| 251. Application of residue. | pay balance, etc. |
| 252. Duty of clerk to convey. | 293. Auditors. |
| 253. Registration of purchaser. | 294. Duties of Inspectors. |
V.
Roads.
| Sec. | Sec. |
| 295. Election of auditor by ratepayer. | 320. Property may be stated in indictment, |
| 296. Duration of office. | etc., to be the property of the Board. |
| 297. Casual vacancies. | 321. Proceedings against officers, when to |
| 298. Failure to elect. | be commenced. |
| 299. Application of Part la | 322. Notices. |
| 300. Annual balance and audit. | 323. (1.) Notices and demands, how served. |
| 301. Annual financial statement. | (2.) | When deemed to have been given. |
| 302. Duty of auditors. | (3.) | When name of owner or occupier |
| 303. Duty of auditors in case of unauthor- | unknown. |
| ised expenditure. | (4.) Service on corporation. |
| 304. Auditors may take legal advice. | 324. Notices binding on persons claiming |
| 305. Any difference between auditors to be | under owner or occupier. |
| settled by Minister. | 325. Notices may be authenticated by signa- |
| Remuneration. 307. Governor may remove auditor from his | ture of chairman without seal. |
326. Service on Board.
| office. | 327. Saving of civil remedy. |
| 308. Provision for repayment of disburse- | 328. Subdivisional plans to be approved by |
| ments of Board. | Board. |
329. Books of Land Titles and other offices
may be searched without fee.
330. Proof of ownership or occupancy.
| PAAT IX.-OFFENCES AND MISCEL- | 331. Works may be constructed by several |
| LANEOUS. | Boards jointly. |
332. Statistics.
| 309. Obstructing Board or officer in per- | 333. Regulations and forms. |
| formance of duty. | 334. Act not to affect rights of the Crown. |
| 310. Penalty for obstructing roa.1, etc. | 33.5. Governmental inquiry. |
| 311. Injury to property of Board. | 3:36. Judicial notice of Board. |
| 312. Neglect to keep in repair fence ad- | 337. Period from which Act in force. |
| joining road. 313. Leaving open gate. | |
| 314. Offences. 315. Penalties. 316. Recovery of penalties. | |
| 317. Procedure. |
| 318. Penalties recovered to be paid to Board. | SCHEDULES. |
| 319. Board may be represented by secretary | 1. Repeals. |
| or other officer. | 2. Building regulations. |
WESTERN AUSTRALIA-
,f7q1irt Nat. -
ANNO PRIMO
GEORGII QUINTI REGIS,
XL.
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No. 29 of 1911.
AN ACT to consolidate and amend the Law
relating to Road Boards.
[Assented to 16th Feb rvary, 1911.]
E it enacted by the King's Most Excellent Majesty, by and
and Legislative Assembly of Western Australia, in this present-Bwith the advice and consent of the Legislative Council
Parliament assembled, and by the authority of the same, as follows:—
PART I.—PRELIMINARY.
| 1. | This Act may be cited as the Roads Act, 1911. | Short title. |
2. This Act shall come into operation on the first da of July, Commencement.
one thousand nine hundred and eleven.
| 3. | This Act is divided into Parts, as follows: | Division of Act. |
| PART | I.—PRELIMINARY, SS. 1-7.. |
| PART | II.—ROAD DISTRICTS, ss. 8-12. |
PART III.—ROAD BOARDS, SS. 13-115.
PART IV.—PROCEEDINGS OF BOARDS. ss. 116-136.
| PART | V.—POWERS AND DUTIES OF BOARDS, ss. 137- |
191.
PART VI.—REvENUE, ss. 192-254.
PART VII.—BORROWING AND SPECIAL POWERS, ss.
255-286.
PART VIII.—ACCOUNTS AND AUDITS. ss. '287-308.
PART IX.—OFFENCES AND MISCELLANEOUS, SS. 309-S137.
| 1911, No. 29.] | Roads. | [1 GEO. V. |
| Repeal: First | 4. (1.) The Acts mentioned in the First Schedule are hereby But such repeal shall not affect any right, privilege, obliga- tion, or liability acquired, accrued, or incurred under any such Act, or any act, deed, matter, or thing lawfully done thereunder. |
| 1902, No. 48, s. 3. | repealed to the extent therein mentioned. |
Schedule.
And notwithstanding such repeal:
All by-laws in force within any district at the commencement of this Act, and lawfully made under any repealed Act, shall continue in force until repealed in the manner pro- vided by this Act.
All rates and other moneys which, under any repealed Act, are due or payable to or leviable by the Board of any district shall be and continue to be so due, payable, and leviable, and shall be paid to and may be received and recovered by the Board under the provisions of this Act.
All rights and liabilities in respect of rates due at the com- mencement of this Act shall remain the same as if this Act had not passed.
All penalties imposed under any repealed Act may be en- forced as if this Act had not passed.
All books and documents made evidence shall continue evi- dence to the same extent as if this Act had not passed.
All works and undertakings authorised to be executed and all engagements existing at the commencement of this Act shall be carried out under this Act.
All lists of ratepayers and electoral lists in force at the com- mencement of this Act shall be deemed to have been made under this Act, and this Act shall apply to the same accordingly.
Save so far as there is anything in this Act inconsistent therewith, this Act shall apply to all matters and things made, done, or commenced under any repealed Act, as if this Act had been in force at the time they were made, done, or commenced, and they were made, done, or com- menced thereunder.
(2.) In every unrepealed. Act in which reference is made to the District Roads Act, 1871, or any other repealed Act provid- ing for the constitution of road districts such reference shall be construed as having been intended to extend to the enactment for the time being in force providing for the constitution of road districts.
| Interpretation. | 5. In this Act, unless the context otherwise requires, the foi |
see 1902, No. 43, lowing terms shall have the meanings stated:—
| s' 4. | " Board " means the load Board of a district; |
| "Chairman" includes the member acting as chairman for the |
time being;
| 1 GEO. V.] | Roads. | [1911, No. 29 |
"Cycle" means and includes a bicycle, tricycle, or other velo- cipede, or motor cycle.
"District" means a road district constituted or deemed to be constituted under this Act ;
"Engine" means any steam lorry, traction, or other engine, or machine on its own wheels, and includes a street roller whether driven by steam or horse power.
"Government Road" means a road declared to be a Govern- ment road under the provisions of the Public Works Act, 1902;
"Improvements" includes houses and buildings of every kind, railways, tramways, fencing, planting, excavations for holding water, wells, dams, draining, ringbarking, clearing from timber, scrub, or noxious weeds, or any other improvements whatsoever the benefit of which is unexhausted at the time of valuation : But for the pur- poses of valuation does not include machinery whether affixed to the soil or not.
"Land" includes all reclaimed land, and all messuages, tene- ments and hereditaments, houses, buildings, and other structures or property erected on land, or thereunder, but for the purposes of land valuation does not include any machinery, whether affixed to the soil or not.
" Local authority " means the council of a municipality or the board of a road district.
"Magistrate" means a Resident Magistrate, or Police Magis- trate, or any two Justices of the Peace in the absence of a Magistrate.
"Member" means a member of a Board, and includes the
chairman; "Minister" means the responsible Minister of the Crown for
the time being administering this Act ;
" Month " means calendar month;
"Motor Car" means and includes any motor car, automobile,
motor carriage, or other carriage or vehicle propelled either partly or wholly by any volatile spirit or electricity, or by any means other than animal power.
" Naturalised subject " means a subject of the King natural- ised under the law of the United Kingdom, or of a Colony which has become a State of the Commonwealth, or of the Commonwealth or of a State;
" Occupier " means the person by whom or on whose behalf any land is actually occupied, and if there is no occupier the person entitled to possession, and includes any person in the unauthorised occupation of any Crown land, and any person who, under a license or concession
| 1911, No. 29.] | Roads. | [1. GEO. V. |
relating to any specific land belonging to the Crown, has
the right of taking any profit of the land ;
"Outlying land" means any land not included in a road dis-
trict or municipal district.
"Owner " as applied to land means
(1.) Any person who is in possession or entitled to possession of the land, or in receipt or entitled to the receipt of rents and profits of the land, as
(a.) The holder of a legal or equitable estate o
freehold in possession therein ; or
(b.) The holder of an estate less than freehold under a lease or agreement granted or made by or with the Crown ; or
(c.) A mortgagee of the land; or
| (d.) | he trustee, attorney, or authorised agent of any such holder or mortgagee ; or |
(2.) Any person who
(a.) Is in the unauthorised occupation of any
Crown Land ; or
(b.) Under a license or concession relating to any specific Crown Land has the right of taking any profit of the land; or
(c.) Is in the actual occupation (with or without title) of the surface or any portion of the surface of a mining tenement within the meaning of the Mining Act, 1904.
" Person " includes a corporation, sole or aggregate;
"Prescribed" means prescribed by this Act or any regulation
or by-law made under its authority;
" Property " includes all real and personal property, and all estates, interests, easements, and rights, whether legal or equitable, in, to, or out of property, real or personal, including things in action;
"Public drain" means any drain, sewer, water channel or water table vested in or under the control of the Board, or which the Board has improved, maintained, or exer- cised control over ; but does not include any drain, sewer, water channel or water table under the control of a Drain- age Board or a Government Department.
" Public highway " includes any inland lake, whether natural or artificial, and any navigable water vested in the Board on which boats are used to ply for hire;
" Public notice " means notice by advertisement in the " Gov- ernment Gazette," but the Board may give notice of any matter or thing by such additional means as to the Board may seem fit;
| 1 GEO. V.] | Roads. | [1911, No. 29. |
"Public place " means and includes every road within the meaning of this Act, and every place under the control of the Board which the public are allowed to use or re- sort to;
"Public reserve" includes park lands, squares, reserves, fore- shores, and other lands included in or adjoining any road district, and set apart for the use and enjoyment of the inhabitants of such road district, and vested in or under the care, control, or management of the Board.
" Ratepayer " means the owner or occupier of rateable land within the district;
" Returning Officer " includes deputy returning officer;
" Road " means any land notified in the " Government
Gazette " as a road, or as a main or minor road, and includes any road declared or notified as such under any repealed Act; and any public highway, whether carriage way, bridle path, track, cycle track, or footpath; and all bridges, culverts, drains, ferries, jetties, fords, gates, buildings, and other things appertaining thereto; and any part of a road; but does not include Government roads;
"Suburban laud" means laud set apart as such by the Gover- nor under the provisions of the Land Act, 1898, or any Land Regulation in force prior to that Act;
" Town or Townsite" means any land constituted, defined, or reserved as the site of a town or village under the Land Act, 1898, or any amendment thereof or under any Laud Regulations in force at any time prior to that Act, and also any land which has been a municipal district or por- tion thereof and also any land subdivided and laid out as the site for a town, township, or village in accordance with a subdivisional plan, registered in the Office of Titles or the Department of Lands ;
"Vehicle" means any carriage, cart, dray, lorry, van, omni- bus, trap, hand-cart, or other conveyance whatsoever, with or without springs.
" Writing," or any term of like import, includes words printed, painted, engraved, lithographed, copied, or traced, and where anything is required to be written it may be partly in writing and partly in print.
| 6. When any day appointed by this Act for any purpose hap- | Sundays and |
| pens in any year on a Sunday, or public holiday either throughout | holidays. |
| the State or in the district, then such appointment shall take | 1902, No. 48, s. 5. |
| effect as for the next following week day which is not a public holiday. |
| 1911, No. 29.] | Roads. | [1 GEO. V. |
Misnomer in Act.
| Order in Council, | 7. No misnomer or inaccurate description contained in this Act, |
| ete.,notto prejudice. | or in any Order in Council, by-law, regulation, or notice made, pub- |
| 1906, No. 32, s. 8. | lished, or served thereunder, shall in anywise prevent or abridge the operation of this Act with respect to the subject of such de- scription, provided the same is designated so as to be understood. |
PART 11.—ROAD DISTRICTS.
The Governor may
| constitute, unite, | 8. (1.) The Governor may, by Order in Council, |
| divide, or abolish |
| districts. | (a.) Constitute any portion of Western Australia which |
| See 1902, No. 48, | is not included in a municipal district, a road dis- (b.) Unite two or more districts into one district; (c.) Divide a district into two or more districts ; (d.) Divide or redivide a district into wards, and define |
| s. 6. | trict, with such boundaries and by such name as are specified in such order; |
| the boundaries of and assign names to wards; |
| (e.) | Alter the boundaries of any district or ward by transferring any portion thereof to another dis- trict or ward ; |
| (f.) | Include in any district or ward outlying land; |
| (g.) | Abolish a district, and dissolve the Board thereof; |
| (h.) | Abolish all or any of the wards of a district; |
| (i.) | Alter the name of any district or ward. |
(2.) Before any power conferred by this section is exer- cised, the Minister shall publish in four successive issues of the "Government Gazette," and cause to be served on the Boards con- cerned, notice of the intention of the Governor to exercise such power.
If within one month, or such extended time as the Governor directs, after such publication no sufficient cause is shown to the satisfaction of the Governor why the power proposed to be exer- cised should not be exercised, the Governor may exercise the power.
| See 1909, No. 52, | (3.) | If for two consecutive financial years the revenue de- |
| s. 7. | rived from the general rates of any Board, not exempted under section two-hundred and twenty-three, is, in each year, less than one hundred and fifty pounds the Governor may abolish the district and include the area thereof in some other district. |
| Effect of abolition | 9. (1.) When |
| of districts. |
| See 1906, No. 32, | (a.) | a road district is abolished and the Board thereof |
| s. 17. | is dissolved, and the area of such district is in- cluded in. another district ; or |
| (b.) | two or more road districts are abolished and the Boards thereof are dissolved, and such districts are constituted one district, |
| 1. GEO. V.] | Roads. | E1911, No. 29. |
the property and assets and the liabilities of the road district or districts so abolished shall become vested in and be liabilities of the existing or newly constituted district in which any road dis- trict so abolished has been included:
Provided that if the abolition of a district and its inclusion in another district, or in a new district, are not provided for by the same Order in Council, the Minister may, after such abolition and until such inclusion, in his name as such Minister collect, get in, sue for and recover, and sell, convey, transfer, and assign the assets of the abolished district, and apply the moneys realised by such collection, getting in, and sale (after payment thereout of expenses) in or towards the discharge of the liabilities of the abol- ished district.
| (2.) power conferred by section eight it may be necessary so to do, the severance, etc. | Whenever on the exercise by the Governor of any other Effect of division, |
| Governor shall apportion. the assets and liabilities of the re- Sees. 1902, No. 48, | s |
| spective districts between them, and adjust and finally determine all rights, liabilities, and questions arising therefrom. | |
| If any of the local authorities affected is indebted in respect of moneys advanced to it by way of loan, the Governor may declare and apportion the liabilities of the respective local authorities in respect of such loan, and may declare upon what portion of the district of any of the local authorities any part of such loan shall, as between the several portions of such district, be chargeable to the intent that any loan rate applicable thereto may be levied only on the rateable land within such portion. |
| (3.) | On the exercise by the Governor of any of the powers Effect as toBydac e. |
conferred by section eight, all by-laws in force in any district or portion thereof abolished or severed, as the case may be, at the time of the abolition or severance shall remain in force in the por- tion of the district of the new local authority which comprises such area or portion thereof until they are repealed by the new local authority.
| (4.) or portion of another district then— | When a portion of a district becomes a. new district Effect as to valua- |
tion and rates.
| (a.) | The valuation (if any) last in force of the rateable land in the portion so affected shall continue to be in force until a. fresh valuation thereof has been made by the local authority of the new district or the district in which such portion is included. |
| (b.) | All rates (including interest thereon, if any) which have accrued due in respect of land situated within the portion so affected, and which remain unpaid at |
| 1911, No. 29.] | Roads. | [1 GEO. V. |
the date of the alteration, shall be and remain due, payable, and leviable and may be paid to and received, levied, and recovered by the local authority of the district in which such portion was, before the alteration, included; but such authority shall retain only such part thereof as would (if such rates accrued due from day to day) have accrued due in respect of any period before the alteration, and the balance shall be paid over to the local authority of the other dis- trict, less five per centum, which the collecting auth- ority may charge by way of commission.
(5.) In this section the word "district" for the purposes of this Act includes a municipal district.
Existing districts. districts existing at the commencement of this Act. 1902, No. 48, s. 7. under the provisions of the Acts hereby repealed, shall be and
continue districts -for the purposes of this Act, and, so far as is necessary, shall be deemed to have been constituted under this Act.
Townsites to be in-
| eluded in districts. by or adjoins any district, it shall be included in the district. | 11. Where a townsite, not being a municipality, is surrounded |
| 1902, No. 48, s. 9. |
If such townsite adjoins more than one district, it shall be included in such district as may be determined by the Governor.
| Powers in Muni- | 12. Nothing in this Act shall prevent the Governor from exer- |
| cipal Corpora- |
| tions Act, 1906, | cising any power conferred on him by Part III. of the Municipal |
| may still be | Corporations Act, 1906; but no district or any portion thereof |
| exercised. | shall be constituted, or transferred to, a municipal district unless the procedure set out in subsection two of section eight hereof shall have first been followed. |
PART III.—ROAD BOARDS.
Division (1).—Constitution of Boards.
| Boards. | 13 . (1.) In every district there shall be a Board, to be called |
| See 1902, No. | 4s, the (name of district) Road Board, and consisting of not less than (2.) If the district is divided into wards, the Governor shall from time to time determine the number of members for each ward. |
| s. 11. | five or more than eleven members as the Governor from time to time declares by Order in Council. |
(3.) The members of the Board shall be elected as herein-
after provided.
1.4. Every Board shall be a body corporate, with perpetual
| Board | to | be | a | body |
| corporate. | succession and a common seal, and may purchase or otherwise ac- |
| 1902, No. 48, s. 14. | quire and hold land for the purposes of this Act. |
| 1 GEO. V.] | Roads. | [1911; |
15. Except as hereinafter provided the chairman, members, Existing Boards.
and officers of every Board constituted under any Act hereby re- 1902, No. 48, s. 12.
pealed shall continue in office as if this Act had been in force at
the time when they were elected or appointed.
| 16. On a district being divided or re-divided into wards | Constitution of Board on division of |
| (a.) | all the members of the Board shall go out of office on the day appointed by the Minister, but shall be eligible | district into wards. See 1902, No. 48, |
| s. 13. |
for re-election ; and
| (b.) | the Minister may order, settle, adjust, and finally deter- mine any rights, liabilities, questions, and matters which may arise in consequence of any district being so divided. |
17. On the exercise by the Governor of any power conferred New election on
by section eight, and mentioned in paragraph (b), (a), (e), or (f) change of
of subsection one thereof, or on a change being made in th.e boundaries.
number of members of a Board, the Governor may, by Order in Council., declare and direct whether a new election of members shall be held for the district or any ward thereof, and, if so, when such election shall be held, and whether any and which of the existing members shall go out of office, and at what time, and may order, settle, adjust, and finally determine any rights, liabilities, questions, and matters regarding th.e representation of electors on the Board and the constitution of the Board which he may deem necessary to be ordered, settled, adjusted or determined.
Provided that when any portion of a road district has been severed, the electors of that portion shall not thereafter be en- titled as such to vote at any election in or for the district.
Division (2).—Qualification of Members.
| (1.) Every adult male person, being a natural born or naturalised subject of the King, and having, as the owner or occu- | Qualification of |
| members. | |
| pier of rateable land in the district, the qualification of an elector | See 1902, No. 48, |
| under this Act, and who is not under any of the disabilities herein- | s. 15. |
| after specified, shall be qualified to be elected and to act as a mem- ber of the Board of such district: | |
| Provided that no person shall be qualified to be elected unless on the day of nomination all rates payable in respect of any land within the district, for the payment of which he is liable, have been paid. |
| (2.) | When a district is divided into wards, it shall not be |
necessary that the qualification should arise in respect of land
within the ward for which the member is elected.
| 1911, No. 29.] | Roads. | [1 GEO. V. |
| /bid | , S. 18. | |
|
Disqualifications.
| See 1902, No. 48, | 19. Any person who |
| s. 17. | (1.) | Has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under any law in force in this State, by imprisonment for one year or longer ; or |
(2.) Is an undischarged bankrupt; or
(3.) Is of unsound mind; or
| (4.) | Is the holder of any office of profit under the Board; or |
(5.) Has any direct or indirect pecuniary interest in any agreement with the Board otherwise than as a member, and in common with the other members, of an incorpor- ated company consisting of at least twenty members ;
shall be incapable of being elected or acting as a member of a
Board.
Provided that subsection five shall not apply to any person
because he
| (a.) | In the ordinary course of business and not pursuant to |
any written contract, bona Me sells goods to, or does
work, for the Board; or
| (b.) | Rents from the Board for entertainments or business |
purposes any building, hall, or room.
| (c.) | Is the lessee from the Board of any land; or |
| (d.) | Is beneficially interested in any newspaper in which the |
board inserts advertisements.
But no member claiming exemption under this proviso shall take part in any discussion, or vote on any question, relating to any such matter as is therein mentioned in which he is directly or in- directly interested.
| Supervening die- | 20. If a member of a Board |
| quallfications. |
| (1.) | Ceases to be a subject of the King or to be otherwise |
qualified as provided in section eighteen; or
| (2.) | Becomes subject to any of the disabilities mentioned in |
the last preceding section; or
| 1 GEO. V.] | Roads. | [1911, No. 29. |
(3.) Accepts, whether by assignment, composition, or other- wise, any such relief as is afforded by law to bankrupt, insolvent, or embarrassed debtors;
his place shall thereupon become vacant, and such vacancy shall
be deemed to be an extraordinary vacancy.
| (1.) Every person who acts as a member of a Board, being disqualified under the provisions of this Act to be or con- | Penalty for acting |
| when disqualified. | |
| tinue such, save in the case of incapacity proceeding from un- | 1906, No. 32, s. 42. |
| soundness of mind, shall be guilty of an offence against this Act. (2.) All acts and proceedings of any person elected and act- ing as a member, notwithstanding that any such person has not been or is not duly qualified, shall be as valid and effectual as if | |
| such person had been duly qualified. |
21.
Division (3) — Retirement and Vacancies.
22. On the second Wednesday in April in every year, a cer- Annual retirement
tain number of members shall go out of office by rotation, and such of members.
S ee 1902 No. 48,
| num | ber shall, subject as hereinafter provided, be determined as s. |
follows :-
| (a.) | If the number of members is a multiple of three, one- |
third of the members shall go out of office.
| (b.) | If the number of members is not a multiple of three, |
the member to go out of office shall, subject as hereinafter pro- vided, be determined by the Board, so that no member shall con- tinue in office -for more than three years, and that, as nearly as may be, one third of the number of members shall retire in . each year.
The members for a district or ward to go out of
office shall (except as hereinafter provided) be the members who
have been longest in office without re-election.
(c.)
| (d.) | As between two or more members for a district or ward |
who have been in office an equal time without re-election, the mem- ber who at his election received the least number of votes shall go out of office. If they received the same number of votes, or there was no ballot, it shall be decided by lot which of them shall go out of office.
| (e.) | The respective numbers of the retirements for the |
wards (if any) shall be proportioned to the respective numbers of members for such wards, or such retirements shall be divided amongst such wards in accordance with the determination of the Board in, as nearly as may be, such proportions.
| (f.) | If a Board does not, before the twenty-third day of |
March, make any determination which it is hereby empowered to make, then the Minister may make such. determination.
| 4911: No. 29.] | Roads. | [1 GEO. V. |
Retirement in case
| of new districts. | 23. If the first election for a new district or the election fol- |
| 1902, No. 48, s. 19• i s held after the thirtieth day of September in any year, no mem- | lowing any vacation of office by the members of a board as a whole |
| ber shall be required to go out of office until the second Wednesday in April in the second year ensuing. |
| Extraordinary | 24. (1.) The office of any member shall become vacant, and (a.) dies; or (b.) by notice under his hand delivered to the chairman |
| vacancies• | such vacancy shall be deemed to be an extraordinary vacancy |
| See 1902. No. 48, | |
| s. 22. | within the meaning of this Act, if such member— |
or secretary of the Board resigns his office; or
| (c.) | is declared ousted of such office by the Supreme Court or a Judge thereof whether or not be was entitled to have been declared by the returning officer to be elected; or |
| (d.) | is absent from three or more consecutive ordinary meetings of the Board without leave obtained from the Board in that behalf. |
(2.) The non-attendance of a member at the time and place appointed for any ordinary meeting of the Board shall not be deemed absence from an ordinary meeting of the Board, within the meaning of this section--
(a.) unless a meeting of the Board at which a quorum
is present is actually held on that day; or
'b.) while any proceeding in connection with the ouster from office of such member is pending in the Supreme Court, or such member's return is the subject of a pending proceeding tinder section ninety-one.
| Retiring member | 25. | Every member who retires or vacates his seat by rotation, |
| eligible for re- | resignation, or otherwise howsoever shall, if otherwise qualified, |
| election. | 1902, No. 48, s. 21. be eligible:for re-election. |
Division (4).—Appointment of Commissioner where no Board.
| Power to appoint | 26. | (1.) | In case at any time there is in any district no Board |
| Commissionerwhere |
| there is no board or | or not sufficient members to form a quorum, and a duly constituted |
| quorum. | returning officer has given notice of an election of members either |
| See Viet., 1903, | for the whole district or (in case the district is subdivided) for |
| No. 1893, s. 13. | every ward for which there is not the proper number of members in manner provided by this Act, and a sufficient number of mem- bers has not been elected at such election together with the mem- bers (if any) already in office to form a quorum of the Board, in every such case the Governor may, by Order in Council, appoint some fit and proper person to be commissioner of such district, and may remove every person so appointed. |
1 GEo.V.]
| 1 G | Roads. | [1911, No. 29. |
(2.) Every such commissioner shall be paid such salary out of the ordinary income of the district as the Governor may determine.
| (3.) | Every commissioner so appointed shall be deemed the |
Board and shall have and exercise all the powers and be subject to all the duties of the Board and the chairman thereof.
27.
| If when a commissioner is appointed for any district any members are in office in such district, they shall thereupon go out | On appointment of |
| commissioner re- maining members | |
| of office. | go out of office. Viet., 1903, No. |
| When a commissioner has been appointed for any district the Governor may, at any time he thinks fit, by Order in Council, | 1893, s. 14. |
| Power after appoint.mont of commis- | |
| appoint a day for holding an election of members for such district | sioner to restore |
| at which the whole number of members assigned to the district | governmentie oafd. dis- |
| shall be returned, and thereupon all the powers and duties of the | See 1903, No. |
| commissioner shall cease. | 1893, s. 15. |
28.
Division (5).—Qqtalification of Electors.
| 29. (1.) Every adult person, being a natural born or naturalised | Electors. |
| subject of the King, and being on the thirteenth day of January in | See 1902, No. 48, |
| any year the owner or occupier of land liable to be rated within | s. 25. |
| the district, shall be qualified as an elector, and, when registered on an electoral roll ; to vote at elections of members for the district, but subject to the provisions hereinafter contained. | |
| Provided that the owner and occupier shall not be sepa- rately registered as electors in respect of the same rateable land : Provided also that the occupier shall not be entitled to be registered as an elector unless, under the provisions hereinafter contained, he applies to the Board to have his name inserted in the electoral list, but if such application is made and sustained the | |
| occupier shall be registered in lieu of the owner. |
| (2.) When a district is divided into wards, every person | Wards. |
| entitled to vote | See Ibid. |
| (a.) | shall be so entitled for such ward only in which the |
qualifying land. of such person is situated; and
| (b.) | shall be so entitled for every ward wherein any |
qualifying laud of such person is situated.
Provided that where any person is the owner or occupier of land held as one holding and situated partly in one ward and partly in another ward, the whole of the land shall be deemed to be situated within one of such wards according' to the choice of such person to be made at or before the holding of the Revision Court, and if no choice is made as the Court may determine.
(3.) Every person entitled to vote shall at every election Number of votes.
have a number of votes proportionate to the annual rateable value No. 24 of 1904, s. 4.
1911, No. 29.] Roads. [1 GEO. V.
or the unimproved capital value (according to the system of rating adopted by the Board) of the land owned or occupied by such person within the district or ward, according to the following scale:—
| ANNUAL VALUE. | NUMBER OF VOTES. |
| Not exceeding ten pounds ... | One |
| Exceeding ten pounds and not exceeding |
| twenty-five pounds | ... Two |
Exceeding twenty-five pounds and not exceed-
| ing fifty pounds ... | ... Three |
| Exceeding fifty pounds | ... Four |
| UNIMPROVED CAPITAL VALUE. | NUMBER OF VOTES. |
Not exceeding one hundred and fifty pounds One
Exceeding one hundred and fifty pounds and
| not exceeding three hundred pounds | Two |
Exceeding three hundred pounds and not
| exceeding six hundred pounds ... | Three |
| Exceeding six hundred pounds | Four |
| Voting of rate-I | (4.) Where a municipal or road district or portion of a |
| payers of muni- |
| cipality or part | municipal. or road district shall have become transferred to a road |
| thereof transferred | |
| to Road Board. | district after the thirteenth day of January in any year, then every person who on that day was the owner or occupier of rateable land within the transferred area shall, for the purposes of this division, be deemed to have been such owner or occupier within the last-men- tioned road district, and the Board shall, on demand by any person interested, amend the electoral roll or list for the year by the in- clusion of such names and particulars therein as might have been included therein if the transfer had taken place before the thir- teenth day of January. |
(1.) When more persons than one are jointly owners or shall, for the purpose of the last preceding section, be deemed to be an owner or occupier of land of the rateable value of one-half the rateable value of the whole land.
| Joint owners or | 30. |
| occupiers. | occupiers of rateable laud, each of such persons not exceeding two |
| 1902, No. 48, s. 26. | |
| (2.) Such persons, if more than two, may, by writing under their hands delivered on or before the thirty-first day of January in any year to the secretary to the Board appoint two of their num- ber to be registered in respect of such land; and if no persons are so appointed, those whose names come first in alphabetical order shall be registered. | |
| Power to corpora- |
| tions to nominate a | 31. | (1.) When a corporation or joint stock company is the |
| person to be placed | owner or occupier of rateable land, such corporation or joint stock |
| on the roll. | company may, by letter delivered on or before the thirteenth day |
| See 1902, No. 48, | |
| s. 27. |
| 1. GEO. V.] | Roads. | [1911, No. 29. |
of January in any year to the secretary to the Board, appoint a person to be registered in the place of such corporation or joint stock company; and such person may vote on behalf of the cor- poration or joint stock company.
(2.) In default of any such appointment being made, the manager, secretary, superintendent, or attorney of any corporation or joint stock company may be registered.
| 32. The manager for the owner of any rateable laud, in case such | registered. |
| Manager may be |
| owner is qualified as an elector, may, on the written application of | 1902, No. 48, s. 28. |
| the owner, be registered on the electoral roll, and vote in place of the owner of the land, if the owner does not reside on the land. |
| 33. At auy election in a new district for which no electoral roll | New districts. |
| is in force, any person qualified to have his name placed upon the | 1902, No. 48, s. 29. |
| electoral list shall be entitled to vote, and each such person shall have one vote. |
Division (6.)—Electoral Rolls.
| 34. (1.) On or before the fourteenth day of January in every | Preparation of lists. |
| year, the Board shall make out, in the prescribed form, a list of | See 1902, No. 48, |
| all persons appearing to be entitled to vote at an election of mem- | s. 30. |
| bers of the Board. |
| (2.) | When a district is divided into wards a separate list |
shall be made out for each ward.
| (3.) | Every list shall be arranged in alphabetical order of |
surnames, shall contain the several particulars indicated in the prescribed form, and shall be signed by the chairman; and a copy shall, on the said day and on the seven days next following, be exhibited on the outer door of the office of the Board or in some other public place in the district.
Provided that any occupier, not being the owner of any rate- able land, may lodge at the office of the Board a claim to have his name inserted on the said list in lieu of the name of the owner of the rateable land occupied by him; provided that where the land is held by joint occupiers the provisions of section thirty shall apply. Any application made under this proviso shall be in the prescribed form, and shall be delivered on or before the fourteenth day of February in any year, and may be sent through the post or by telegraph.
| 35. Any person | Claims. See 1902, No. 48, |
| (a.) | Whose name has been omitted from a list; or | s. 31. |
| (b.) | Who is dissatisfied with the rateable value put upon the laud of which he is the owner or occupier, |
may apply to the Board to have his name inserted, or to have the
rateable value altered, as the case may be.
Such application shall be in the prescribed form, and shall be delivered on or before the fourteenth day of February in any year, and may be sent through the post or by telegraph.
| 1911, No. 29.] | Roads. | [1 GEO. V. |
| Objections. | 36. |
Any person whose name appears on any electoral list Every such objection shall be made to the Board, and to the person objected to, in the prescribed form, and shall be delivered on or before the fourteenth day of February in any year, and may be sent through the post or by telegraph.
| See 1902, No. | 48, may object to any person as not being entitled to have his name |
| s. 32. | retained on the list, or to the rateable value of land placed against the name of any person. |
| Lists.tobepublished | 37. | The Board shall cause lists to be made of the names and |
| of claims and objec- |
| tions. | addresses of the persons claiming to have their names inserted on |
| See 1902, No. 48, | the electoral list, or to have the amount of the rateable value set |
| s. 33. | against their names altered, and the particulars of such claims; and also of the persons whose names, or the rateable value of whose lands have been objected to; and shall cause such lists, with ap- propriate headings stating the contents thereof, to be exhibited on the outer side of the outer door of the office of the Board, or in some other public place in the district, on or before the twenty-first day of February in each year. |
| Board to hold Court |
| for revision of list. | 38. | (1.) The Board shall hold an open Court for the revision |
| See 1902, No. 48, | of the electoral list on such day between the first and seventh day |
| s. 34. | of March, both inclusive, in each year as may be appointed by the Board. |
| (2.) The Court may be held at the office of the Board, or, if the Board thinks fit, at any other place within the district. |
Seven days' notice of the holding of such Court shall of the Board, or in some public place in the district, and so far as practicable by advertisement in a newspaper usually circulating in the district.
| Notice to be given. | 39. |
| See 1902, No. 48, | be given by exhibiting such notice on the outer door of the office |
| s. 35. |
| Constitution of | 40. (1.) The Court shall consist of three or more members of |
| Court. |
| 1902, No. 48, s. 36. | the Board. |
| (2.) The chairman, if present, shall preside, but in his absence the members present may appoint one of their number to be chairman. |
| Court may be | 41. Every Court may from time to time be adjourned; and |
| adjourned. | if at any time, for half an hour after the time appointed for hold- |
| 1902, No. 48, s | ing any Court, three members of the Board are not present, any one member, or if no member is present, the secretary, may ad- journ the Court. |
Powers of the Court 42. The Court shall have power to hear, receive, and examine
1902. No. 48, s. 33. evidence, and for that purpose to administer an oath or affirmation,
and by summons under the hand of the chairman of the Court to require any person to appear before the Court, and to produce all such books and papers in his possession or under his control as
| 1 GEO. V.] | Roads | [1911, No. 29. |
may appear necessary for the purpose of his examination; and the Court shall have the like powers for compelling the attendance of witnesses summoned, and their examination, as by any law in force for the time being are vested in justices exercising summary jurisdiction; and the Court shall, upon hearing in open Court, by the decision of a majority, determine upon the validity of all claims and objections.
Any person failing to obey the summons of the Court shall be liable to a penalty not exceeding Ten pounds.
| 43. The Court shall | and objections. |
| Hearing of claims |
| (a.) | Insert in the list under revision the name of every | 1902, No, 48, s. 39. |
person who has claimed, and is proved to the satis- faction of the Court, to be entitled to have his name inserted.
| (b.) | Determine the claim of every person to have the rate- able value put upon the land of which he is owner or occupier altered. |
| (c.) | Remove from the list the name of every owner where the occupier has, in accordance with the provisions of section thirty-four lodged and sustained a claim to be enrolled. |
| (d.) | Retain upon the list the name of every person ob- jected to, with the rateable value set against his name unaltered, unless the person objecting ap- pears by himself or by someone on his behalf in support of the objection. |
| (e.) | On the appearance of the person objecting, require proof by the person objected to of so much of the qualification as is embraced in the grounds of ob- jection; and in case such qualification is not proved to the satisfaction of the Court, strike out the name of the person objected to, or alter or correct the rateable value set against his name, as the case may require. |
| (f.) | Retain on the list the name and qualification of every person against whom no objection has been sustained. |
| (g•) | Strike out the name of any person proved to be disqualified or dead. |
| (h.) | Correct any mistake, or supply any omission which may appear to have been made in the list in re- spect of the name, address, or occupation of any person, or in respect of the description or situa- tion of the rateable land. |
44. If it appears to the Court that any person has made or Costs in cases of
| attempted to sustain any frivolous or vexatious claim or objection / claims or objections. | frivolous, etc. |
the 1902, No. 48, s. 40.
| 1911, No. 29.1 | Roads. | [1 aEo. V. |
the Court may award such costs as to the Court may seem meet to be paid by such person to the person resisting such claim or ob- jection; and the same may, in default of payment, be recovered in a summary manner before any two justices.
| Certificate, etc., of | 45. The chairman shall, in open Court, write his initials |
revision. against the names struck out or inserted, and against any part of 1902, No. 48, s. 41. the list in which any mistake has been corrected or omission sup-
plied, 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 date thereof, and the chairman and at least two other members of the Court shall sign such certificate.
List to be made out 46.
| and signed by | (1.) The list so certified shall be delivered to the secre- |
chairman.tart' or an officer appointed by the Board for the purpose, who 1902, No. 48, s. 42. shall forthwith cause the names thereon to be copied or printed in
alphabetical order in the prescribed form and with the several par- ticulars thereby required; and to every name a number shall be prefixed, such numbers beginning at the first name with the number one and continuing in regular arithmetical series to the last name on the list.
| (2.) | The Chairman having satisfied himself of the correct- |
ness of such list shall., on or before the fifteenth day of March, sign
the same.
| (3.) | In the absence of the chairman the list may be signed |
by the acting chairman for the time being.
List so signed to be 47. The list so signed as aforesaid shall be the electoral roll
the electoral roll.
| See 1902, No. 48, | for the district, and shall not (except as herein otherwise expressly provided) be added to or altered, and shall continue in force until |
| s. 43. | |
| a new roll is made. | |
| Provided that if it is proved to the satisfaction of the Minister that any list has not been duly compiled, or for any suffi- cient reason a fresh list should be compiled, the Minister may by order in writing, addressed to the chairman, and published in the "Government Gazette," direct a fresh list to be compiled in such manner and in accordance with such rules as he shall prescribe. | |
| evidence |
| Copy of roll to be | 48. Any copy purporting to be a copy of the electoral roll |
| 1902, No. 48, s. 41. tents of the roll in any court of justice, or for any other purpose. | signed by the chairman shall be prima facie evidence of the con- |
| Provided that such electoral rolls shall at all reasonable times be open to inspection by any member of the Board or ratepayer, and any such person may take copies or extracts from the said electoral roll without payment of any fee. |
| The | Board shall supply a copy of the electoral roll to |
| Copies of roll to be | 49. |
| supplied. | any person requiring the same on payment of a reasonable charge |
1902, No. 48' s. 45' not exceeding five shillings.
| 1 GEO. V.] | Roads. | [1911, No. 29. |
50. No omission to give any notice with regard to any Omission to publish.
| list, or to keep any list for perusal or inspection, shall prevent, eta, | eta, | invali- |
| date | te proceeds | rocee | todi | gs. |
| fore provided for with regard to the compilation or completion 1902, No. 48, s. 46. | or render imperfect any of the proceedings hereinbe- |
of any such list.
| If from any cause anything connected with the prepara- tion or revision or completion of the electoral list or roll for a | Minister may |
| appoint time for doing anything | |
| district has not been done within the time appointed or limited | connected with |
| for that purpose, the Minister may, by an order to be published | electoral lists not done within time |
| in the "Government Gazette," direct the same to be done, and may | prescribed. |
| appoint the several times and intervals of time, or the several | See 1906, No. 32, |
| remaining times and intervals of time, as the case may require, | s. 70. |
| at or within which the acts hereinbefore required to be done in connection with the preparation or revision or completion of the list or roll shall or may be done, and upon such order being pub- lished in the "Government Gazette" such omission or non-com- pliance shall. be rectified, and such list or roll shall be validated according to the tenor of such order. |
51.
| When a Board fails to hold a Court for the revision of the electoral list, the Minister, on extending the time, may | Procedure on fail- |
| ure of Board to hold Revision | |
| authorise such Court to be formed and held by any three persons | Court. |
| nominated by him. The persons so nominated (of whom one shall be nominated | See 1902, No.:48, |
| s. 46. | |
| chairman) shall have the same powers as if they were members of the Board, and as if the chairman so nominated were chairman of the Board. |
52.
| In the case of any new district, or of any district where there is no Board, all acts and things whatsoever required or neces- | Where no Board, | |||
| Minister may appoint person to | ||||
| sary to be done under this Act may be lawfully done by such person | make roll. | |||
| at such time and at such place as the Minister may appoint in that |
| |||
| behalf. | s. 47. |
53.
Division (7.)—Election of Members.
| 54. | The first election of members of a Board for a new dis- . | Fast elections. |
trict, and the election following any vacation of office by the mem- 1902, No. 48, s. 48.
hers of a Board as a whole, shall be held on such day as the Min-
ister may appoint.
55. An annual election of members of the Board shall be Annual elections.
held for every district on the second Wednesday in April in every
year.
Provided that when the first election for a new district, or the election following any such vacation of office as in section fifty- four mentioned, is held after the thirtieth day of September in any year, the next election shall not take place until the scond year ensuing.
| 1911, No. 29.] | Roads. | [I GEO. V. |
Extraordinary
| vacancies. | 56. When an extraordinary vacancy arises from any cause, the occurrence of such vacancy, on a day and at a place to be fixed by the Board, or the chairman, of which public notice shall be given. |
| See 1902, No. 48, | an election shall be held to fill such vacancy within one month from |
| s. 50. | |
| Provided that the member elected or appointed to fill such vacancy shall be deemed, for the purpose of retirement, to have been elected when his immediate predecessor was elected, and shall retire accordingly. | |
| Provided also that when any such vacancy occurs within three months before an annual election the seat may, with the approval of the Minister, continue vacant until the annual election. | |
| Returning officer. |
| 1902, No. 48, s. 52. | 57. Every election shall be held before some person, hereinafter |
called the returning officer.
Appointment in new
| districts. | 58. At the first election in a newly. constituted district the |
| See 1902, No. 48, | returning officer shall be appointed by the Minister. |
| s. 52. | |
| Appointment of |
| returning officer | 59. (1.) At every election, except as aforesaid, the returning |
| generally. | officer shall be the chairman or other person appointed by the |
| See 1902, No. 48, | Board, but if there is no Board, or no person is appointed by the |
| s. 52. | Board, then such person as the Minister may appoint shall be the Returning Officer. |
| (2.) | Such appointment shall be notified by affixing a written |
notice to that effect on the outer side of the outer door of the office of the Board or other accustomed place of meeting of the Board at least eight days before the day fixed for such election, and keeping the same there affixed until the day of such election; but no omis- sion to so publish the said notice shall be deemed to invalidate any such appointment.
| Returning officer | (3.) | No person who acts as returning officer at any election |
| not to be a |
| candidate. | shall be or become a candidate for any office at such election. |
| 1902, No. 48, s. 53. |
| Returning officer | 60. (1.) The returning officer may appoint one or more deputy |
| may appoint a | returning officers, and such poll-clerks as are required -for taking |
| deputy, etc. | |
| See 1902, No. 48, | the poll, and may make and enforce all necessary regulations; and |
| ss. 57, 58. | fix the polling place or polling places, unless the same are fixed by the Board. |
| (2.) If after public notice of any election has been given, and before the conclusion of such election, the returning officer dies or becomes incapable of acting, such deputy returning officer, or in case no deputy has been appointed, the secretary to the Board shall, for all the purposes of such elections, be deemed to be the returning officer. | |
| Expenses of Re- |
| turning Officers, | 61. All reasonable expenses of and incident to any election in- |
| etc. | curred by the returning officer and approved by the Board shall |
| 1902, No. 48, s. 72. | be repaid to him by the Board, and the Board may grant to the |
| 1 GEO. V.1 | Roads. | [1911, No. 29. |
returning officer a fee not exceeding two guineas, and to each deputy returning officer and poll clerk a fee not exceeding one guinea.
Division (8).—Nomination of Candidates.
62. The nomination day shall be the seventh day next preced- Nomination day.
ing the day appointed by or under this Act for the election.
63. (1.) Any person who is qualified and desirous of being a Nomination—how
| candidate for election shall, at or before six o'clock in the after- made' | S1902, No. 48, |
noon on the nomination day, or within seven clear days next pre- s, s1.
ceding the nomination day, cause to be delivered to the returning 1906, No. 32, a. 92.
officer or the secretary at the office of the Board, or some other
place within the district to be appointed by the returning officer,
of which public notice shall be given, a nomination paper in the
prescribed form.
| (2.) named therein as a candidate, or by his agent thereunto duly auth- orised in writing, in token of his assent to be so named. | Such nomination paper shall be signed by the person |
(3.) No candidate shall nominate for more than one ward
at any election.
| 64. (1.) On the nomination day the returning officer shall | Proceedings at |
| attend at six o'clock in the afternoon at the office of the Board, | nomination. See 1906, No. 32, |
| or such other place as may have been appointed for the nomination, | s. 94. |
| and shall read the names of the candidates nominated. |
| (2.) | In the event of there being no greater number of candi- |
dates than is required to be elected, the returning officer shall declare such candidates to be duly elected, and they shall be deemed to have been duly elected.
| (3.) | In the event of there being more candidates than the |
number required to be elected, the returning officer shall advertise ill a newspaper or otherwise publish the names of the candidates, the polling day, and the polling place or places.
| (4.) | It shall be in the power of any candidate so nominated, |
by notice in writing signed by him addressed to the returning officer, and delivered to such returning officer or the secretary, at any time before the expiration of forty-eight hours after the day of nomination, to withdraw from such candidature:
Provided that if such withdrawal, or the death of any candi- date reduces the number of candidates to a number not greater than required to be elected, the returning officer shall, on the polling day, without taking a poll, declare the remaining candi- dates duly elected; but if such withdrawal or death of any candi- date reduces the number of candidates to a number less than required to be elected, any vacancy not filled up shall be deemed to be an extraordinary vacancy.
| 1911, No. 29.k | Roads. | [1 GEO. V. |
(5.) The returning officer shall reject the nomination of any person who has not been nominated in accordance with section sixty-three, but no returning officer shall inquire into the qualifica- tion of any person to be elected or stand or be nominated as a candidate.
| Acceptance of | 65. The acceptance by the returning officer of any nomination |
| nomination con- |
| clusive as to | shall be conclusive evidence of the due compliance with the pro- |
| compliance with | visions of section sixty-three, except with regard to such qualifi- |
| Act. | cation as aforesaid. |
Division (9).—The Polling.
| Polling places. | 66. | The Board shall appoint and give public notice of a |
| See 1902, No. |
| s. 54. | 48, | chief polling place, and such other polling places as it may deem necessary within or without the district. |
| Ballot-papers. | 67. | Before, and in time for every such election, the returning |
| See 1902, No. |
| s. 64. | 48, officer shall cause to be printed a sufficient number of ballot-papers in the prescribed form, and each such ballot-paper shall be init- ialled by such returning officer at the back thereof : |
Provided always, that the initials of such returning officer may be lithographed or stamped by or under his authority.
Presiding officers. 68. (1.) The returning officer shall preside at the chief polling See 1902, No. 48, place, and a deputy returning officer shall preside at each polling ss. 55, 58, and 59. place other than the chief polling place.
| (2.) | Any presiding officer may appoint a substitute to per- |
form his duties during his temporary absence.
| (3.) | No returning officer shall vote at any election of which |
he is the returning officer except in the case of an equality of votes.
| (4.) | The deputy of any returning officer, if entitled to vote, |
may vote in like manner as if he had not been appointed and acted
as deputy returning officer.
Each candidate shall be entitled to appoint, in writing, one scrutineer to be present at each polling place during the
| Scrutineers. | 69. |
| 1902 No. 48 S. 60. | , | , |
election.
70. (1.) Every returning officer shall have power and au-
Powers of returning
| officer, etc. | thority |
| See 1906, No. 32, |
| s. 100. | (a.) To maintain and enforce order and keep the peace at any election or polling held by him; |
| 1 GEO. V.] | Roads. | [1911, No. 29. |
(b.) Without any other warrant than this Act, to cause to be arrested and taken before a justice any per- son reasonably suspected of
(i.) Knowingly and wilfully making a false answer to any of the questions herein- after mentioned; or
| (ii.) | Personating or attempting to personate any |
voter; or
| (iii.) | Attempting unlawfully to vote more than |
once at the same election; or
| (iv.) | Leaving or attempting to leave the polling place after having received a ballot-paper and before having deposited the same in the ballot-box as hereinafter provided; |
(c.) Without any other warrant than this Act, to cause any person to be removed who obstructs the ap- proaches to any polling place or conducts himself in a disorderly manner, or misconducts himself, or fails to obey the orders of the returning officer: And any person so removed shall not again be allowed to enter the polling place during the time such election is being held without the permission of the returning officer.
(2.) All constables shall aid and assist such returning officer in the performance of his duty.
71. (1.) The returning officer shall provide for each polling Ballot-boxes.
| place a separate locked box, with a cleft or opening therein capable s. 101. | No. 32, |
| Of receiving the ballot-papers. | |
| (2.) Every such ballot-box shall be opened and exhibited to the scrutineers before the polling begins, and shall be then locked and sealed, and shall stand on the table opposite the return- ing officer or deputy returning officer, who shall keep the key of the said box. |
72. (1.) The poll at any election shall be taken by the return- Manner of taking
ing officer, and shall commence at ten o'clock in the forenoon and Poll.
See 1906, No. 32,
| close at seven o'clock in the afternoon of the same day. | s. 102. |
| (2.) Every person entitled to vote at the election may, at such election, give as many votes as he is entitled to to each of the number of persons to be elected, but no ballot-paper shall be counted which purports to vote for less than the full number of persons to be elected. |
| 1911, No. 29.] | Roads. | [1 GEO. V. |
Ballot-papers to be
| given to persons | 73. (1.) Except as hereinafter provided, every person who |
| applying. | is qualified to vote, and is desirous of voting at any election, shall |
| See 1906, No. 32, | |
| s. 103. | present himself to the returning officer, and, if required so to do, shall state his name and address. |
| (2.) | If such returning officer finds that the name of such |
person is on the electoral roll, if any, he may, and if there is no electoral roll he shall, ask such person the appropriate questions hereinafter mentioned, and if such questions when asked are answered satisfactorily, the returning officer shall
Deliver to such person so many ballot-papers as are equal to the number of votes such person appears by the electoral roll to be entitled to give; and
On the copy of the electoral roll used by him for the purposes of the election make a mark against the name of such person, to signify that the ballot- paper or ballot-papers to which such person is en- titled have been duly given to him.
| (3.) | All the ballot-papers to which any person is entitled |
at such election shall he received by him at one and the same time: And no person, having once received any such ballot-paper or ballot-papers, and voted, shall at the same election receive any other ballot-paper or ballot-papers, or exercise any further right of voting.
| Planner of voting by | 74 . | Every person to whom a ballot-paper or ballot-papers |
| ballot: |
| See 1906, No. 32, | have been given shall, within the ballot room, and without leaving |
| s. 104. | the same |
Mark his vote or votes on the ballot-paper or ballot- papers in the manner hereinafter described;
Fold up each ballot-paper so as to conceal the interior and disclose the initials of the returning officer upon the back thereof; and
In the presence of the returning officer, and such scrutineers as are in attendance, deposit such ballot- paper or ballot-papers in the ballot-box:
Provided that, in the case of any voter unable to read or write, the returning officer, if required, shall, in the presence of such scrutineers as are then in attendance, mark his ballot-paper for him.
| How vote to be | 75. The elector shall indicate his vote or votes by making |
| marked. | a cross on his ballot-paper or ballot-papers in the square opposite |
| See 1906, No. 32, | |
| s. 105. | the name of the person or of each person for whom he votes |
| 1 GEO. V.] | Roads. | [1911, No'. 29. |
| 76. (1.) At every election of members for a new district, | t9i oune ss | Questions aotues |
| lec | to- |
| when there is no electoral roll in force, the returning officer | making electoral |
| shall put to every person tendering his vote the questions follow- | roll. See 1906, No. 32, |
| ing | s. 106. |
(a.) What is your name in full?
| (b.) | Are you of the full age of twenty-one years? |
| (c.) | Are you a natural born or naturalised subject of the |
King?
(d.) Are you the occupier or owner, and which, of rateable land within this district [or the.... ..... ward of this district, as the case may be] and liable to be rated for
such land under the Roads Act, 1911.
| (e.) | What is the rateable land in respect of which you claim to vote, and the name and situation thereof? |
| (f.) | Have you already voted at this present election? |
(2.) No person who shall refuse to answer any of such questions, or whose answers to the same shall not show his right to give such vote, shall receive a ballot-paper or be permitted to vote.
| 77. (1.) At all elections where there is an electoral roll in | Questions to be put to elector at all |
| force, the returning officer may, if he thinks fit, or, if required so | other elections. |
| to do by any candidate or scrutineer shall put to any person ten- | See 1906, No. 32, |
| dering his vote the questions following: | s. 107. |
| (a.) | Are you the person whose name appears as A.B. in the roll now in force for this district [or the... ...... ward of this district, as the case may be] being |
enrolled therein in respect of land described to be
situated in [here specify the street or other place
described in the roll]?
| (b.) | Are you of the full age of twenty-one years? |
| (c.) | Are you a natural born or naturalised subject of the |
King?
| (d.) | Have you already voted at the present election? |
| 1911; No. 29.] | Roads. | [1 GEO. V. |
While building is in progress footway to be covered.
9. (1.) Whenever any builder or other person shall have erected the first storey of any . building abutting on any footpath of any road, or whenever any plastering,- painting, or decorating operations are in progress above the first storey of any building, such builder, or other person, or the plasterer, painter, or decorator shall cause the adjoining footway to be covered, and kept covered to the satisfaction of' the surveyor, until the completion of the work then in progress, so that no danger from falling materials, or inconvenience to the public may arise.
(2.) livery builder, plasterer, or other person neglecting to comply with the written directions of the Board or its surveyor in any of the above respects shall be liable to a penalty not exceeding ten pounds.
Materials for roofs.
10. No roof of any house or other building shall be covered with any other material than slate, tiles, metal, glass, artificial stone, cement, or shingles, or other material approved of by the Board.
Ventilation of ground floors.
11. (1.) No building intended to be or capable of being used as a dwelling- house shall be allowed to be built higher than the floor level of the ground floor, unless and until the builder shall have satisfied the Board or its surveyor that such floor is so constructed or raised to such a height as to admit of a free current of air passing thereunder.
(2.) When any house, intended to be, or capable of being used as a dwelling- house or for offices, is built in a low or damp situation, the Board or its surveyor may require that the space between the ground and the ground floor level shall be filled up with sand, cement, or other suitable material to such height as the Board or its surveyor shall direct.
Party walls to be of brick or stone.
12. (1.) All partitions between separate houses or other buildings, whether such houses or other buildings shall belong to one or more owners, shall be of brick, stone, concrete, or other noninflammable material approved by the Board, and shall he carried up above the roofs of such houses or buildings to such a height and in such a manner as may be directed by any by-laws.
| (2.) | If ally house or other building not now partitioned by such a party-wall |
as aforesaid shall hereafter be partially rebuilt or have the front thereof taken down, or if the said house or building shall he raised in height, then in—every such case a party-wall of brick, stone, concrete or other non-inflammable 'material approved by the Board between such houses or buildings, and carried up to the height and in the manner aforesaid, shall be built.
| (3.) | Every owner or builder neglecting to comply with any of the provisions |
of this or of the two last preceding regulations shall be liable to a penalty not ex- ceeding twenty pounds; but the infliction of such penalty shall not discharge such owner or builder from his obligation to comply with such provisions.
Obligation of adjoining owners to -underpin buildings.
13. (1.) Whenever the foundations of the basement of any building shall have been carried down to a dept 11 of or exceeding twelve feet below the level of the ad-
joining footpath at the boundary of the allotment-
( a) The owner of such building shall be exempt from liability for any under- pinning that may become necessary in ease any adjoining owner shall build any structure which extends to a lower level: and
(b)It shall be the duty of the adjoining owner to protect and underpin the building of such first-mentioned owner. and such adjoining owner shall be liable to compensate the first-mentioned owner for and make good all damage that may result to him by reason of the building op- erations of such adjoining owner below the level of the foundations
of the building of Snell first-mentioned owner.
| 1 GEO. V.1 | Roads. | [1911, No. 29. |
| (2.) | Whenever the foundations of the basement of any building shall have |
been carried down to a depth of less than twelve feet below the level of the adjoin- ing footpath, at the boundary of the allotment, and it becomes necessary to under- pin the foundations of such building in consequence of building operations under- taken or intended to be undertaken by an adjoining owner, such adjoining owner shall give to the owner of such building and every person acting with his authority all reasonable facilities to enter upon the adjoining land for the purpose of securing such building.
| (3.) ing owner from any liability to which he would otherwise be subject in case of injury caused by his building operations. | Nothing in this regulation contained shall relieve the owner or adjoin- |
Buildings, partitions, ceilings, and verandahs of inflammable materials prohibited.
14. (1.) No building shall be erected the external walls of which building shall be wholly or in part of wood, canvas, thatch, or other inflammable material, or the internal partitions or ceilings whereof shall consist either wholly or in part of calico, canvas, paper, or other inflammable material, nor shall any verandah or balcony to any house or building be roofed with canvas or other inflammable ma- terial.
| (2.) | If any building, partition, ceiling, verandah, or balcony is erected or |
constructed of material contrary to the provisions of this regulation, the Board may at any time cause notice to be served upon the owner or occupier thereof, re- quiring the removal of the same within such time as the Board may deem proper.
| (3.) | In default of such removal any two or more justices, upon due proof |
of the service of such notice, and of non-compliance therewith, may order any such building. roof, verandah or balcony, ceiling or partition to be forthwith removed, either wholly or in part, as the case may require, by the Board, at the expense and charges of the owner thereof, which, upon the order of the Board in writing under he hand of the chairman or secretary, shall be paid by such owner to the Board.
| (4.) | Provided that, notwithstanding anything in this regulation contained. |
the Board may, in its discretion, permit by written license the erection of any such building under such restrictions or for such time as the license shall specify.
No building to project on any footway.
15. (1.) No building erected in any district or part thereof, after the coming into force of these regulations in such district or part, shall encroach or project on or over any road or way, nor shall any building whatever which may so encroach or project be rebuilt, either wholly or in part. except according to a plan, to be approved by the Board or its surveyor, whereby such building shall be placed clear of and without the distance defined for the breadth of such road or way.
| (2.) | But nothing herein contained shall prevent any person, with the consent |
of the Board, :from placing an awning or verandah in front of his building, accord- ing to plans to be settled and approved by the Board, provided that such awning or verandah is eight feet, at the least, in height above the road or footway in front of such building, and, in ease posts are used for the support thereof, that such posts are placed close to the kerbstone or outer edge of such footway, as the Board shall direct:
| (3.) | Provided also, that nothing herein contained shall prevent any person, |
with the consent of the Board (after plans have been submitted to and approved by the Board), from placing in front of his house a balcony, with a framework constructed of iron, and securely fixed with iron brackets or other supports, to the satisfaction of the Board or its surveyor; provided that such balcony is eight feet at least in height above the road or footway in front of such building, and, in ease posts are used for the support thereof, that such posts are placed close to the kerb- stone or outer edge of such footway, as the Board shall direct.
| 1911, No. 29.j | Roads. | [1 GEO. V. |
Justices may, after notice, cause encroachment to be removed.
16. If, within one month after notice by the Board to remove any building or
part thereof which may encroach as aforesaid shall have been served on the owner or occupier thereof, the same shall not be accordingly removed, any two justices may grant a warrant under their hands to the Board, its surveyor and assistants, forthwith to cause the said building, so far as the same shall encroach upon the road, to be taken down, and the same may be taken down accordingly and removed, and the owner or occupier shall, upon the order in writing of the Board, under the hand of the chairman or secretary, pay the costs and expenses of such taking down and removal to the Board.
Notice by Board of required alterations.
17. The Board may at any time during or after the erection of any building
give notice to the builder or owner thereof, of any matter or thing in the construc- tion of such building which tends to render such building unsafe, or prejudicial to the public interest; and thereupon such builder or owner shall pull down or so alter or add to the said building as to remove the ground of objection, unless he, with due diligence, prosecutes an appeal or brings an action under the provisions of regula- tion thirty-four.
Chimneys of manufactories to be constructed and used so as not to be a nuisance.
18. Every chimney shaft of any mill, manufactory, or other similar building
shall he of such a height, and constructed in such a manner, and shall be so used as not to cause any nuisance or annoyance to the persons dwelling in the neighbour- hood thereof, and in accordance with the by-laws which may be made by the Board in that behalf.
Measures to be taken in case of ruinous or dangerous buildings.
19. (1.) If any building or anything thereon affixed shall be deemed by the
Board or its surveyor to be in a ruinous or dangerous condition so as to render either the occupiers of adjoining buildings or any other persons liable to any injury in any way therefrom, the Board or its surveyor is hereby empowered to cause a hoarding or fence for preventing nearer approach thereto than may be safe to be forthwith put up, and to take any such other measure of protection as the exigency of the case may require.
If circumstances shall so admit, the Board or its surveyor shall cause no- tice in writing to be served on the owner or occupier of such ruinous or dangerous building, and if such owner or occupier cannot be found, to be fixed on the door or other conspicuous part thereof, requiring such ruinous or dangerous building or other thing to be taken down, repaired, or secured as the case may require.
| (2.) | If such taking down, repairing, or securing shall not be commenced |
within the time by such notice required, or being so commenced any delay shall take place in the completion thereof as speedily as the nature of the case may demand, the Board or its surveyor may cause complaint thereof to be made before any two justices of the peace, who are hereby empowered to order the owner, or, in his de- fault, the occupier (if any) of such ruinous or dangerous building or other thing to take down, rebuild, repair, or otherwise secure the same, or such part thereof as shall appear to such justices to be ruinous or dangerous, within a time to be fixed by such justices, and to the satisfaction of the Board or its surveyor. The justices may hear such complaint em parte if no owner or occupier can be found on whom to serve the summons.
| (3.) | In case such building or other thing is not so taken down, repaired, re- |
built, or otherwise secured, within the time so limited, or if no owner or occupier can be found on whom to serve such order, the Board shall with all convenient speed cause all or so much of such building or other thing as shall be in a ruinous condition, or dangerous as aforesaid, to be taken down, repaired, rebuilt, or other- wise secured in such manner as shall be requisite.
| 1 GEO. V.] | Roads. | [1911, No. 29. |
| Expenses. |
20. (1.) All costs and expenses incurred by the Board in relation to the putting up of such hoarding or fence and the obtaining of any order as to a dan- gerous building and carrying the same into effect shall be paid by the owner or occupier of the building, but without prejudice to his right to recover the same from any person liable to the expenses of repairs.
| (2.) | If the owner cannot be found, or if on demand he refuses or neglects |
to pay such expenses, the Board, after serving on him one month's notice of its intention so to do, may sell the materials of the building; but it shall, after deduct- ing from the proceeds of the sale all costs and expenses incurred, and the amount of all rates then due in respect of the premises, pay the surplus (if any) to the owner on demand.
| (3.) | When any dangerous building is sold for payment of the costs and ex- |
penses incurred in respect thereof by the Board, the purchaser, his agents and ser- vants, may enter upon the land whereon the building is situated for the purpose of taking down the same and of removing the materials of which it is constructed.
| (4.) | If the materials are not sold by the Board, or if the proceeds of the |
sale are insufficient to defray the costs and expenses, the Board may recover the expenses or the balance thereof from the owner of the building, together with all costs in respect thereof, in a summary manner by complaint before any two justices.
Power to remove inmates from dangerous building.
21. When a building has been certified by a surveyor to be dangerous to its inmates, any two justices may, if satisfied of the correctness of the certificate, upon the application of the Board, by order direct that any inmates of such structinie shall be removed therefrom by an officer of police.
Removal of dilapidated and neglected buildings.
22. (1.) When a building is ruinous or so far dilapidated as thereby to have become and to be unfit for use or occupation, or is from neglect or otherwise in a structural condition prejudicial to the property in or the inhabitants of the neigh- bourhood, any two justices, on complaint by or on behalf of the Board, may order the owner to take down or repair or rebuild such building (herein referred to as a neglected building), or any part thereof, or to fence in the land upon which it stands, or any part thereof, or otherwise to put the same or any part thereof into
a state of repair and good condition to the satisfaction of the Board within a
reasonable time to be fixed by the order, and may also make an order for the costs
incurred up to the time of the hearing.
| (2.) | If the order is not obeyed, the Board may enter upon the neglected |
building or such land and execute the order.
| (3.) | When the order directs the taking down of a neglected building, or |
any part thereof, the Board in executing the order may remove the materials to a convenient place, and, unless the expenses of the Board in relation to such building are paid to the Board within fourteen days after such removal, sell the same.
| (4.) | All costs and expenses incurred by the Board in relation to a neglected |
building, and also the amount of all rates then due in respect of the premises, may be deducted by the Board out of the proceeds of the sale, and the surplus (if any) shall be paid by the Board on demand to the owner of the building.
| (5.) | If such neglected building, or some part thereof, is not taken down, |
and such materials are not sold by the Board, or if the proceeds of the sale are in- sufficient to defray the costs and expenses, the Board may recover the expenses, or such insufficiency, from the owner of the building, together with all costs in respect thereof, in a summary manner by complaint before any two justices, but without prejudice to his right to recover the same from any lessee or other person liable to the expenses of repairs.
| 1911, No. 29.] | Roads. | 11 GEO. V. |
Pees part of expenses.
23. All fees prescribed to be paid in respect of any dilapidated or neglected building shall be deemed to be expenses incurred by the Board, and shall be re- coverable as such.
Provision for enforcing repayment of expenses incurred by Board.
24. (1.) When the Board has inenrred any costs or expenses in respect of any dangerous or neglected building, and has not been paid or has not recovered the same, any two justices, on complaint by the Board, may make an order fixing the amount of such costs and expenses and the cost of the proceedings before them, and declaring the amount already paid or recovered (if any), and directing that no part of the land upon which such dangerous or neglected building stands or stood shall be built upon, and that no part of such dangerous or neglected building, if repaired or rebuilt, shall be let for occupation, until after payment to the Board of the said amount of the balance thereof, as the case may be; and thereupon and until payment to the Board of the said amount or balance no part of such land shall be built upon, and no part of such dangerous or neglected building so repaired or rebuilt shall be let for occupation.
| (2.) | Every such order shall he made in duplicate; and one copy of such |
order shall be retained by the clerk of petty sessions and the other copy shall be
kept at the office of the Board.
| (3.) | The Board shall keep a register of all orders made under the provisions |
of this regulation, and shall keep the same open to inspection. No property shall he affected by any such order unless and until such order is entered in such register, and any such order not entered in such register within ten days after the making thereof shall cease to he of any force.
IVItett Board may demolish buildings and sell materials and recover expenses.
25. (1.) When any person has been convicted of an offence against any of the provisions of these regulations by constructing, erecting, adapting, extending, raising, altering, uniting. or separating any building, or any part of any building, in contravention of any provisions of these regulations, the Board may, after giving fourteen days' notice to such person to bring such building into conformity with the said provisions, and after default has been made in complying with such notice, and notwithstanding the imposition and recovery of any penalty, cause complaint thereof to be made before two justices.
| (2.) | Upon the hearing of such complaint, the justices may make an order |
authorising the Board to enter upon such building with a sufficient number of workmen, and to demolish or alter such building or any part thereof, so far as the
same has 'been adjudged to be in contravention of these regulations, and to do
whatever other acts may he necessary for such purpose, and to remove the materials to some convenient place. and. if the Board thinks fit, sell the same in such manner as they think fit.
| (3.) | All expenses incurred by the Board in demolishing or altering such |
building or any part thereof, and in doing such other acts as aforesaid, together with all costs. or the balance of such expenses and costs, after deducting the pro- ceeds of sale of the aforesaid materials, if the Board think at to sell the same. may he recovered from the person committing the offence.
| (4.) | If the proceeds of such sale are more than sufficient to defray such |
expenses and costs, the Board shall pay the surplus of such proceeds, after deducting the amount of all such expenses and costs, and also the amount of all rates then due by the owner of the building, to the owner of the building on demand.
Payment of surplus of proceeds into Treasury.
26. When by any provision of these regulations any surplus of the proceeds
of the sale of any buildings or materials is made payable to any owner thereof
and no demand is made by any person entitled thereto 'within one year after thr
| 1 GEO. V.] | Roads. | [1911, No. 29. |
receipt of the proceeds by the Board, then the same shall be paid into the Treasury, and shall he subject to the control of the Colonial Treasurer, and to be paid out to the owner on his proving his title thereto.
Removal of roof not to affect proceedings.
27. Proceedings with respect to a building shall not be affected by the removal or falling in of a roof or covering of such building, or by the fact that such building has not been completed.
Inflammatory buildings in public or other places rendered liable to removal.
23. (1.) If it is deemed by the Board to be expedient for the public safety, with a view to the prevention of tire, that any public or other place within any district shall be brought under the operation of the next following three regulations in order to remove all or any buildings therein, the external walls of which shall be wholly or partially of wood, or the coverings of the roofs of which shall be wholly or partially of thatch, canvas, or other inflammable material, the Board may, either separately or in conjunction with any insurance companies or other persons, cause any such public or other place to be surveyed by three competent surveyors or architects, of whom the surveyor to the Board shall be one, another of whom shall be nominated by the Minister, and the third by the fire insurance companies effecting insurance within such district, or any of such companies, or in default of such last appointment being made within seven days after the appointment of a surveyor by the Minister, the third surveyor or architect shall be appointed by the Board.
(2.) if such surveyors or architects shall unanimously report that it is de- sirable for the public safety that such public or other place, or any part thereof, shall be brought under the operation of the next following three regulations, the Governor, at the instance of the Board, and on the application of three or more ratepayers, being owners or occupiers of land in any such public or other place, may declare such public or other place. or any part thereof, by notice in the "Gov- ernment Gazette," to be and the same shall thereupon become subject to the pro- visions of the next following three regulations.
Inflammatory buildings may be ordered to be removed.
20. When any building within any district is constructed wholly or Lk: external walls thereof shall be constructed wholly or partially of wood, thatch, canvas, or other inflammable material, and the said building shall either internally or externally be in such a state as to be liable to immediate ignition in the event of contact with fire, the Board may cause immediate notice to be given, under the hand of the chairman or secretary, to the owner or occupier of such building that such building is dangerous by reason of its liability to ignite, and requiring such building, or the portion specified in such notice as dangerous, to be removed within such time as the Board shall in such notice specify.
Compensation to be ascertained by arbitration.
30. (1..) Within one month after any such notice shall have been given, or within such further time as the arbitrators or their umpire, or the arbitrator pro- ceeding alone, as hereinafter mentioned, may, by any writing under their or Ids hand, appoint, the amount of compensation for the injury to be occasioned to the owner or occupier by such removal shall be ascertained by a reference to arbitration unless such amount shall be previously agreed upon.
| (2.) | One arbitrator shall be appointed by the Board and one by the owner |
or occupier or his authorised agent; and the arbitrators so appointed shall, before entering upon the reference, appoint an umpire, who shall inquire with the arbitra- tors into the matters referred, and the award of any two of such arbitrators and umpire shall be final.
| (3.) | In the event of either party neglecting or refusing to appoint an arbi- |
trator within seven days after being thereunto required, or if either arbitrator, after
1911, No. 29.] Roads. [1 GEO. V.
appointment, shall refuse or neglect to proceed with, or shall in any way hinder the reference, the other arbitrator may proceed alone, and his award shall be final and conclusive between the parties.
Justices may, in default of compliance with notice, order removal.
(1.) In default of compliance with the notice and requisition given under regulation twenty-nine, any two or more justices, on the complaint of the Board, its secretary or surveyor, and on proof of the service of such notice and requisition, may order the immediate removal by the surveyor, or other persons appointed by the Board, of the building or portion specified in such notice, and same shall be removed accordingly.
31.
(2.) After such removal the parties entitled shall be paid by the Board, out of the ordinary revenue of the Board, the compensation ascertained as aforesaid, together with the costs of the inquiry, if awarded, and, if necessary, they may re- cover the amount thereof from the Board by action.
Buildings may be entered and inspected.
It shall be lawful for the Board or its surveyor and for any person au- thorised in writing by the Board or its surveyor, to enter and inspect, at all reason- able times, all houses, buildings, and premises, which are subject to these regula- tions, and as to which any duty is thereby imposed upon, or power vested in, them or either of them, and if any person refuses to admit them or either of them to any such house, building, or premises, or impedes or obstructs them or either of them in the exercise of his or their duty, such person shall be liable to a penalty not exceeding ten pounds.
32.
Notices, etc., to be served.
33. A copy of every notice, complaint, or order under regulations nineteen
to thirty-one (both inclusive) shall be served upon every person in Western Aus- tralia who, from the registers of the Office of Titles, the Registry of Deeds, or the office of the Department of Lands and Surveys, or the Department of Mines, appears to have any estate or interest in the lands.
Appeal.
Any builder, owner, or other person feeling aggrieved by any refusal to sanction, or any notice or order of the Board under these regulations, may appeal therefrom to the Supreme Court or the Local Court held nearest to the office of the Board district by motion on notice duly given, or may bring an action at law against the Board in respect of any refusal to sanction, or notice or order of the said Board, and the usual incidents of litigation shall apply to such motion or action.
34.
Fees.
Subject to the approval of the Governor, the Board shall have power to frame a scale of fees to be paid by any owner or builder to the Board in respect of all buildings to be erected or altered, or of any order, license, matter, or thing required or permitted by these regulations.
35.
By-laws.
| 36. that is to say) :— | (1.) The Board may make by-laws with respect to the following matters |
| (a) Regulating the plan and levels of sites for, and the foundations and |
sites of buildings.
(h) The mode in which and the materials with which such foundations and sites are to be made, excavated, filled up, prepared, and com- pleted.
| (c) | The thickness and height and the description and quality of the sub- stance of which walls and party walls may be constructed. |
| (d) | The construction and erection, size, and position of parapets, fines, |
and fireplaces in any building.
| 1 GEO. V.] | Roads. | [1911, No. 29. |
| (e) | The height, size, and dimensions, and the lighting and ventilation of |
all rooms or parts of a building.
| (f) | The removal of any wall, party wall, parapet, flue, or fireplace erected |
or constructed contrary to any by-law.
| (g) | Requiring the deposit with and approval of the surveyor of the plans and specifications of all buildings, or alterations therein, before such construction or alteration is commenced. |
| (h) | The construction and protection of staircases and lift wells. |
(i) The method of draining yards and buildings, and the junction or con-
nection of drains with other drains or sewers.
| (j) | Generally for the carrying out of these regulations. |
| (2.) | Such by-laws may be made to apply to the whole or any part of the |
district.
| (3.) for any breach thereof, but no such maximum penalty shall exceed twenty pounds. | Any by-law may impose a penalty or maximum and minimum penalties |
Regulations not to apply to Government buildings.
37. All houses and buildings the property of, or occupied by, or under the
control or management of, His Majesty's Government or any department thereof,
shall be exempt from the operation of these regulations.
Recovery of Expenses.
33. Any expenses or moneys payable to a Board hereunder or ordered by any Board to be paid to it hereunder may, wherever no method of recovering the same is prescribed, be recovered by the Board by complaint before two justices or in any court of competent jurisdiction.
| By Authority: | Wm. SIMPSON, Government Printer, Perth. |
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