Roads management (1838) (WA)
WESTERN AUSTRALIA°
A NNO PRIMO,
VICTORIA] REGTh A].
No. II.
An Act to provide for the Management of Roads, Streets, and other Internal Com- munications, within the Settlement ofWest- ern Australia.
HEREAS it is expedient, for the public welfare, that a system Preamble
Wof management should be established for the making, maintain-
ing, preserving and regulating Roads, Bridges, Ferries, Streets; and other Internal Communications, which may from time to time he appropriated, and declared open by competent Authority, for public con- venience and use, -within this Settlement ; —Be it therefore enacted by the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that the general
| management, control, superintendence and charge of Roads, Bridges, and Management and charge • | Ferries, not within the limits of any Township, and all affairs relating, ;foIRvonap sgsvittt, sez: =e., | ||||
| to their formation, extension, alteration, improvment, or repairs, shall be Justices of the Peace and | |||||
| vested in all Justices of the Peace, and in Proprietors of Land held in fee- Proprietors of 1000 acresof Land m fee-simples | |||||
| simple to the extent of 1,000 acres; and that the management, control, Management and charge superintendence and charge of all Streets, Quays, Jetties, Wharfs, Bridges, lStreets, git el., in Town- | |||||
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Allotments in fee-simple
Anno Primo, Viet. Reg., No.2.
Justices of the Peace as shall have their fixed residence within such Township, and in all Proprietors of Allotments held in fee-simple therein:. and all such persons ate- 'hereby declared to be Trustees of the same, respectively, for the purposes of this Act.
:AND be it :further enacted, that the right of property in all within the limits of any Township, and in all Funds arising therefrom or. applicable thereto, shall be vested in the general body of such Trustees hereinbefore appointed for that purpose ; and that the right of property in
Might of property in
| Roads, Sze., not in Town- | II. |
| ships, vested in general | Roads, I3'ridges, Ferries, and all lines and modes of Communication, not |
| body of Trustees. | |
| Right of property in | |
| Streets, &c., in Town- | all Streets,: Pathways, Thoroughfares, Bridges, Ferries, : Jetties, Wharfs, |
| ships. vested in Trustees | |
| of such Township. | Quays, and all other lines and modes ofCommunication, withinthe limits of any Township, and in all soil, timber, and other materials, within the limits of Snäli Street's and lines of Communication,: and also the right of property inthe amount of all Funds-in any wayatising therefrom or appli- cable thereto, shall be vested in the Trustees of each several Township respectively. |
| Trustees to make and |
| subscribe Declaration of | III. | : AND be it further enacted. that, previous to any person |
| Queliffittion. | as such Trustee as aforesaid, he shall make a Declaration to the following effect, (that is' to gat) -•=t qualified to act as a Trastee runder -an Act made in the first year of theA. B., do hereby declare, that I am duly |
| " reign of Queen VICTORIA, intithled (here set forth the title of this Act), | |
| 44 and that I will faithfully, impartially, and honestly execute the powers 44 and trusts reposed in me as a Trustee appointed by virtue of the said " Act, to the best of my knowledge and ability, for the purposes in the " said Act mentioned." And a form of this Declaration shall be entered in the Journal hereinafter Mentioned, and signed by each Trustee. |
| Trustees to bold four | IV. | AND be it further enacted, that the Trustees in each separate |
| General Meetings; and |
| Special Meetings, on | Trust are, and are hereby required, to hold four General Meetings within |
| more members. | |
| requisition of three or | each year,—namely, on the first Monday in January, the first Monday is April, first Monday in July, and first Monday in October ; and also Special Meetings, upon the requisition of any three or more members of their body, provided that due notice shall previously have been given either, by publication in two successive Gazettes, or by such other sufficient means as the circumstances of the case will admit of. |
Trustees to divide Roads, V. AND be it further enacted, that each separate body of Trustees
tame Committees offfic., into districts, and to under this ACt shall havepower to divide the Roads,: and other lines of
Management. Communication, into Districts, for the purposes of this Act, and to
name Committees of their numbers for the more immediate direction al - management thereof ; and to give such Committees such powers and such instructions as they shall from time to time think fit and expedient.
| 'Officers to be appointed. | VI. AND be it enacted, that at the General Meeting of eac |
Trust which shall take place in January in each year, the following 015; cerS shall be appointed by ballot,—namely, a Chairman and Director s tit
AnnaPrimp, Viet. Reg.,- No. 2.
Districts from the body of Trustees ; also Treasurers, Collectors, Clerks, Surveyors, or other requisite Officers. Provided that for the present year such Officers may be appointed at any Meeting of the Trustees held- for
| the | purpose. | |||
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| 'shall, at least seven days previous-to each General Meeting, deliver to the deliver | Reports | to Chair | - |
| Quarterly |
| Chairman of their Trust Reports on the state of the several' lines and | relLutrads herein. |
| Modes of Communication- in their respective Districts; also, Quarterly Accounts of Expenditure, and of any Warrants for the payment of money given by them on theTreasurer, under- authority of the General Meeting; also, an account -of the Works required to be executed in their several Districts, with distinct Plans, Specifications, and Estimates, drawn by the proper Surveyor, or otherwise made and prepared in a satisfactory man- ner; also,nn Estimate of the Funds which may be expected-to be realized within their respective Districts from any of the sources hereinafter- mentioned and described. |
| VIII. | AND be it enacted, that the Chairman of each separate Chairman to lay before | tlliell% | tleepeotrz |
| -Trust shall (and he is hereby required so to do) lay correct Abstracts of a | Reports, 8„Acbstracts of |
all such Reports, Accounts, and Estimates, before each General Meeting.
fmmediately after these have been duly read and considered, and in wholeor in part approved of by the Meeting, Estimates of theprobable Ways Estimates to be made of
and Means for the ensuing Quarter are to be drawn up, together with s tatements oltfrelf;nos;k:ntO
| Statements of the Works, whether general or local, which the Meeting oi be undertaken. | or |
`its majority, may think fit to undertake,—having a due regard to the total
amount of the Funds available for such purposes, and to such a just, wise and equitable apportionment of those Funds as the general interests of the Settlement and the wants of each particular District may be deemed to require.
| IX. | AND be it enacted, that the Chairman, as aforesaid ,shall, and Chairman to preserve | order and take the sense |
| he i | is hereby requreo preserve order at e severaeeng, an to of the Meetmg. | i | d | to | d | the | l | M | ti | s and |
take the sense thereof, and to superintend and be responsible for the pro- per regulation of business before the Meetings, and to regulate the pro- ceedings of the Clerk in the care, custody, and preparation of Books, Papers, and Accounts.
| X. | AND be it further enacted, that such Trustees shall direct their Clerk to enter in a book | aAn | lignAteescooufnt | RrooficReeedeizs; |
Clerk or Clerks to keep a Book or Books, in which shall be entered
minutes of all their proceedings and transactions, and an account of Re- and Disbursements.
ceipts and Disbursements, and the Chairman at each Meeting shall see
te entry of the proceedings thereat duly made, and shall subscribe the
same with his own hand, and the names of the Trustees present at every
| Meeting shall be entered; and every Book | containiner such Entries or Book to be open to in. |
| Accounts shall at all reasonable times be open to the inspection of the ti | b |
public, and it shall be lawful for any person to peruse and make extracts
'from the same without fee or reward,
AnnoPrimo, Viet. Reg., No. 2,
Funds, available
| Funds, . | XI. AND be it further enacted, and it is hereby declared, that the Funds available for the purposes of this Act shall be such as may accrue from any of the following sources, viz.:- |
1.—Tolls payable at any Ferries already established, which the Trustees are hereby empowered to let in the manner provided for by the Act 4th Wm. DT., No. 1, intituled "An Act to regulate the Establishment and Management of Ferries, and the Collection of Tolls thereat".
2.—All Leases of Tolls or Compositions to be paid in lieu thereof. Tolls, Rates, Dues, or Charges, which may hereafter be made payable at or by, reason of the use of any of the aforesaid lines or modes of communication, upon the recommendation of the maj ority at any such General Meeting of the Trustees as aforesaidth
| Rates, Dues, or Charges, the Governor, or other Oth | i | cer ad- |
minstering the Government, is hereby empowered to establish by proclamation ; provided that the Amount so established shall not, in any case, exceed the Amount so recommended by the Trustees at the , General Meeting.
4 .—Voluntary Subscriptions of Money or Labour for local or gene- ral objects.
5.—The Amount of any Sums conceded, or to be conceded, by the Government, for local or general purposes, under this Act.
6.—Loans raised on the credit of Tolls, Leases, or other property connected with the aforesaid lines and modes of Communication.
7.—Assessments which may hereafter become leviable. Provided, nevertheless, that no such Loans shall be raised without the previous consent of the Governor in Executive Council; and provided, also, that no such Assessments shall be made except under the authority of some Legislative Enactment to be passed for that purpose.
| Reports and Statements | XII. AND be it further enacted, that, previous to the expiration of |
| toerbocrelaidGboyveC | rnhar | airminn | ia the month of May in each year, Reports and Statements of the Proceed- |
| Executive Council. | ings and Accounts of the Trustees for the preceding year shall be laid by each Chairman before the Governor in Executive Council. |
Trustees may borrow assign Tolls as a security •Credit of Tolls, &e., and Trustees uuder this Act, by and with the consent Of the Governor in Count
for repayment. as herein-before provided for, to borrow and take up at interest on the
credit of the Tolls, Dues, or Charges arising or to arise from any Road, Bridge, Ferry, or other work of the like nature, any such sum of Money as they shall think proper from time to time respectively, and to assign the Tolls on such Road or any part thereof, or on such Bridge, Ferry, or other work of the like nature, as a security to any person or persons who shall advance such sum of Money (for such a period of time as may be sulk cient) for the repayment of the principal sum borrowed, together with the usual rate of Colonial Interest, not exceeding Ten per Centum.
Assignments of Tolls, 8.7e.
| how to be made, | X W. AND be it further enacted, that Assignments of Tnllq |
Anno Primo Viet. Reg., No. 2.
Charges shall be in the words, or to the effect, following, viz.: —" By " virtue of an Act passed in the first year of the reign of Queen Victoria,
" intituled (here set forth the title of this Act), we, a Quorum of the " Trustees for executing the said Act, in consideration of the sum of
advanced and paid to the Treasurer of the said Trustees,
i""do hereby grant and assign unto A. B., his Executors and Assigns (here
" specify the matter assigned), to be held from this day of , in
| " the year of our Lord | , until the said sum of | , with inte- |
" rest at the rate of per centum per annum, shall be paid and dis- " charged." And copies of such Assignments shall be entered by the
| stsnif | ibue |
- Clerk in the book of Proceedings ; and such Assignments shall be trans-
'Clerk
| lerrable by indorsation to any other person whatsoever, which indorsation dountion. | Y |
| Shall be in the words, or to the effect, following, viz. :—" I, A. B., do • " hereby transfer all my right to the within written Assignment of |
| '" thereby secured to | and his (or my) Heirs and Assigns." |
And all persons to whom any such Assignments or indorsation shall be Holders or such As-
made, as aforesaid, shall, in proportion to the sum of money thereby se- ,igoir.sleollitis t;Iliele,rO0CP;
cured, be creditors on the tolls or charges so assigned, in equal degree &c., in equal degree:
one with another in respect to payment of the interest on such sum, or in
such order or manner, and at such time with respect to payment of the
principal sum, as shall be agreed upon and stipulated by the said Trustees
at the time of the advance of their respective shares.
XV. AND be it further enacted, that if any person shall wilfully Penalties damage
| injure, damage, or destroy any Road, Street, Pathway, Ferry, Bridge, to. Property in charge | Ferry-Boat, Jetty, Quay, Well, Spring, Gate, Fence, Post, Rail, or Paling, ot Trustees. |
| or any Article or material, Matter or thing, employed fbr the purposes of this Act, or in charge of the Trustees under this Act,—or shall upon any Way used, or appointed to be used, as a footway only, drive any cart or carriage, except directly across on necessary occasions,—or shall lead, ride, or drive any Horse or other Beast on any such footway, except di- rectly acrocs the same, as aforesaid,—or shall suffer to stand or shall tie or fasten any Horse or other Beast on or across the same,—or shall do or commit any act, or shall leave or place or set up any material or thing | |
| whatsoever which shall cause or create any impediment, obstruction, | |
| nuisance, damage or annoyance in or to the free passage of any such lines of communication as aforesaid ; every such person so offending, and being convicted thereof before any Justice of the Peace, shall, for each and every such Offence, forfeit and pay any sum not exceeding Five Pounds, at the discretion of the Justice, according to the nature of the Offence, over and above the amount of any Damages occasioned thereby ; and the Amount of such Penalty and Damages shall be handed over to the Treasurer appointed by such Trustees. Provided that if the propertydamaged be that of a private Individual, the Amount of such Damage | |
| shall be paid to such Individual. |
| XVL AND be it further enacted, that all the Trusts, Powers rowers of Triletee3 to | cease on passing of |
| Alii110 PI | 11110 Viet. Re,., No. 2. |
| pose. no effect from and after the passing of any future Legislative Enactment | any Act fur that pur- and Privileges conferred npou Trustees by this Act, shall cease and be of |
to that effect, and all right of Property hereby vested in such Trustees
shall, in such case, revert to the Crown for public purposes.
XVII. AND be it further enacted, that the Trustees under this •
Tinstecs to sue andAct may sue and be sued in the name of their Clerk or Treasurer, or other be sued in name of Public Officer for the time being ; and no proceedings by or against the Public Officer. said Trustees shall abate by reason of the death or removal of such Clerk,
Treasurer, or other Officer ; and that in any proceedings, Civil, Criminal, or otherwise, by or against any of the Trustees under this Act, he or they shall be sufficiently described as a Trustee or Trustees appointed by virtue of this Act.
XVIII. AND be it further enacted, that the said Trustees shall
Trustees not person- not be held to have rendered themselves personably liable for the repay,
ally liable, &c.
ment of any money borrowed, or interest then of, by reason of having signed any securities in pursuance of this Act, but which securities shall be held and considered as granted upon the sole credit and security of he tolls ; nor shall any Trustee be held personably liable for the payment of any sum, or performance of any contract, for which he shall not have bound himself personally, independent of his office as Trustee under this Act.
"JAMES STIRLING,"
GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Legislative Council
this 15th day of June,
1838.
A. NDRE}V STIRLING,
Clerk to the CounciL
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