Roads management (1841) (WA)
WESTERN AUSTRALIA.
ANNO QUARTO & QUINTO
VICTORIA. REGINIE,
No. 17.
An Act to provide for the 'Construction and Management of Roads and other Internal Communications in the Colony of Western Australia.
HEREAS it is expedient that the establishment and mainte- preamble.
Wnance of the lines of Internal Communication within this
colony should be vested chiefly in the hands of the most influential landed proprietors; Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent
| of the Legislative Council thereof, that from and after the passing of ght o | Rirop | in |
c., p::
| this Act, the right of property in all Roads, Canals, Bridges, Towing- ;n | and Pro- |
paths, Ferries, and other public lines of communication not laid ou t prietors320acres.
by the authority of the Governor as streets in any Townsite in the
maps and plans of the Surveyor General's Department; and in all
soil, timber, and other materials within such lines of communication,
| 4 & 5 Viet., No. 17. | 1841. |
so long as the same shall continue to be used for the purposes of this Act, as well as in all funds arising therefrom, or applicable thereto, together with the management, control, and superintendence of the same, shall be vested in the General Road Trust of this colony, con - sisting of all Justices of the Peace of the said Territory, and all Pro- prietors in fee-simple of not less than three hundred and twenty acres of Land within the said territory ; and all such persons are hereby declared to be Trustees of the same for the purposes of this Act.
Right of entry to lay out
| Roads, lac. | II. AND be it enacted, that it shall be lawful for the said Trus- tees, by themselves or their agents, at any time to enter upon any lands within the said colony, and to lay out and mark any lines of Communication which they may deem advisable ; and to declare such lines to be the public lines of Communication ; And all such lines so declared to be public lines as aforesaid, shall be taken to be public lines of communication within the meaning of this Act. Provided that one month's notice in the Government Gazette, or other public journal. shall be given of every meeting, to be held un- der this Act, for the purpose of determining upon any line of com- munication, and in which notice such line shall be described as minutely as circumstances may admit. |
Chairman to send in Re- III. AND be it enacted, that whensoever and as soon as any line
out. port of Roads, 8sc., laid of communication shall have been laid out and marked as aforesaid,
a report, containing a description of such line, and signed by the Chairman of the Trust, shall be laid by such Chairman before the Governor in Council, and shall then be published in three successive Gazettes.
Compensation for damage
| to improved lands. | IV. Provided always, and be it enacted, that when any line of Road shall be laid out and declared a public line of Communication as aforesaid, which shall pass through or over any lands which shall have been, previously to the laying out of such Road, bona fide im- proved by tillage or building, or enclosed by a good and sufficient fence, the Owner and Occupier of the Lands so improved and en- closed shall severally be entitled to such compensation for any actual damage thereby occasioned to the property, other than theloss of the land taken for such road, or to his, her, or their estate or in- terest therein, as a Jury may award in an action on the case by such owner or occupier against the public Officer for the time being of such Trust. |
Trustees to divide Roads, V. AND be it enacted, that the said Trustees shall have power to &e., into Districts. divide Roads, and other lines of Communication, into Districts, for
the purposes of this Act, and to name Directors and Committees of
1841. 4 & .5 Vie., No.
their Members for the more immediote direction and mannagement thereof; and to give such Directors and Committees such powers and such instructions as they shall from time to time think fit and expedient.
. VI. AND be it enacted, that previous to any person acting as Trustees to make and
| subscribe | Declaration | of |
| such Trustee as aforesaid he shall make a Declaration to the follow- qualificat | ion. |
| lug effect (that is to say)—" I, A B, do hereby declare that I am du- ly qualified to act as a Trustee, under an Act passed in the fourth and fifth years of the reign of Queen Victoria, intitnled An Act to • provide for the Construction and Management of Roads and other In- ternal Communications in the Colony of Western Australia, "and that I will faithfully, impartially and honestly exercise the powers and trusts reposed in me as a Trustee 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 and signed by each Trustee. |
| VII. | AND be it enacted, that the said Trustees shall hold four Trustees to hold four | it.a | if em | tinegngsa onn |
| Gene | ral Meetings within each year,—namely, on the first Wednes-=alec | n |
day in January, the first Wednesday in April, the first Wednesday requisition of three or
in July, and the first Wednesday in October ; and also Special' blemb' their body; provided that due notice of suchl Special Meeting shall previously have been given ether by publication in two successive Gazettes or by such other sufficient means as the circumstances of the case will admit of ; and further that no business shall be entered upon at any General or Special Meeting unless at least seven Trus- tees be present:
VIII. AND be it enacted, that at the General Meeting of the said officers to be appointed.
Trustees, which shall take place in January in each year, the follow- ing Officers shall be appointed by ballot,—namely, a Chairman, and a Committee of five from the body of Trustees ; also Treasurers, Col- lectors, Clerks, Surveyors, or other requisite Officers. Provided al- ways, that if at such General Meeting, ether from the non-attendance of Members, or from any other unforeseen cause, it shall be found im- possible to elect the Officers aforesaid, or if at any time any vacancy by death, resignation, or otherwise, shall occur in any of the said Offices, it shall be lawful for the Chairman or Senior Member of Committee to summon a Special Meeting for the purpose of appoint- ing such Officers or filling up such vacancies as aforesaid.
| IX. | AND be it enacted, that as soon as may be after the election Chairman to report list of | Officers to the | Governor. |
of such Officers, or filling up such vacancies, the Chairman shall re- Offi
port the same to the Governer.
| 4 & 5 Vic., No. 17. | 1841. |
Directors of Districts to X. And be it enacted, that the Directors of the several Districtsdeliver reports to Chair- man, and Quarterly Ac.. shall, at least seven days previous to each General Meeting, deliver counts as herein. to the Chairman Reports on the state of the several lines and modes
of communication iii their respective Districts ; also Quarterly Ac- counts of Expenditure, accompanied by vouchers, under authority of a General Meeting ; also an account of the works required to be ex- ecuted in their several Districts, with distinct Plans; Specifications, and Estimates, drawn by the proper Surveyor, or otherwise made and prepared in a satisfactory manner ; also, an estimate of the funds which may be expected to be realized within their respective Districts from any of the sources hereinafter mentioned and discribed.
the Meeting abstracts ofChairman to lay before XI. AND be it enacted, that the Chairman shall lay correct ab- au reports, fie. stracts of all Reports, Accounts, and Estimates, before each General
Meeting, and that immediately after these have been duly read and considered, and in whole or in part approved of by the Meeting, Es- timates of the probable ways and means for the ensuing Quarter shall be drawn up, together with statements of the works, whether general or local, which the meeting, or its majority, may think fit to under- take,—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 settle- ment, and the wants of each particular District, may be deemed to require.
chairman to preserve or-
der and take the sense ofXII. AND be it enacted, that the Chairman shall preserve order
the Meeting. at the several meetings, and take the sense thereof, and superintend
and be responsible for the proper regulation of business before the meetings, and regulate the proceedings of the Clerk in the care, cus- tody and preparation of Books, Papers and Accounts. Provided always, that in the absence of the Chairman the Senior Member of Committee present shall act as Chairman.
| Clerk to enter in a hook XIII. AND be it enacted, that the Clerk shall keep a Book or | Ninute,s of Proceedings, | |||||
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| Reports and statements to | ||||||
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| before 0°)ton:ion. |
1841. 4 & 5 Vie. No. 17
ration of his Office, Reports and Statements of the Proceedings and Accounts of the Trustees for the preceding year shall be laid by the Chairman of such year before the Governor.
| XV. | AND be it enacted, that the Funds available for the pur- | Nature of available | funds. |
poses of this Act shall be such as may accrue from any of the
following sources, viz. :
.—Tolls payable at any Ferries, not being the property of any Town Trust, which the Trustees are hereby empowered to let in the manner provided for by the Act 4th William IV, No. 1, intituled "An Act to regulate the establishment and manage- ment of Ferries, and the Collection of Tolls thereat."
2.—All Leases of Tolls or Compositions to be paid in lieu thereof. 3.—All Tolls, Rates, Dues, or Charges, which may hereafter be
made payable at or by reason of the use of any lines or modes of communication ; which Tolls, Rates, Dues, or Charges, the Governor is hereby empowered to establish by proclamation, provided that the amount so established shall not, in any case, exceed the amount recommended by the Trustees.
4.—Voluntary Subscriptions of Money or Labour for local or
general objects.
5.—The amount of any Sums which may from time to time be conceded by the Governor for special or general purposes under this Act.
6.—Loans raised as hereinafter provided on the credit of Tolls, Leases, or other property connected with the aforesaid lines and modes of communication.
| AND be it enacted, that it shall bo lawful for the said Trustees, by and with the consent of the Governor in Council, to credit of Tolls, V., and | Trusteesatin | t brw |
| r |
XVI.
| l!: aTom | llsenata a security |
| borrow and take up at interest on.the credit of Tolls, Dues or Char | - for |
| es arising or to arise from any Road, Bridge, Ferry or other work of | Y |
| t2 | from time to time respectively, and to assign the Tolls on such Road,he like nature, any such sum of money as they shall think proper |
| 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 sufficient) for the repayment of the principal sum borrowed, together with in- terest at a rate not exceeding Ten per centum per annum. |
AND be it enacted, that Assignments of Tolls or Charges Assignment of Tolle, &v.,
| shall be in the words or to the effect following, viz.:—" By virtue of how to be made. | XVII. |
"an Act passed -in the fourth and fifth years of the reign of Queen "Victoria, intituled An Act to provide for the construction and management of Roads and other Internal Communications in the
| 4 & 5 Vie. No 17. | 1841. |
" colony of Western Australia,' we, the Chairman and Committee of
" the General Road Trust, in consideration of the sum of
advanced and paid to the Treasurer of the said Trustees, do "hereby giant 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 interest at the rate of 'per "cent= per annum, shall be paid and discharged." And copies of such Assignments shall be entered by the Clerk in the Book of Pro-
| Transferable by Indorse- | ceedings, and such Assignments shall be-transferable by Indorsation |
| Con. | to any other person whatsoever, which Indorsation 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 |
| Holders of such assign- | |
| ments to be creditors on | to and his Executors and • Assigns.” And all |
| Tolls in equal degree, or | persons to whom any such Assignment or Indorsation shall be made |
| as arranged. | as aforesaid, shall, in proportion to the sum of money thereby se- cured, be creditors on the Tolls or Charges so assigned, 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 sums of money. |
| Penalties for damage to |
| property of Trustees. | XVIII. AND be it enacted, that any person who shall wilfully |
injure, damage or destroy any Road, Pathway, Ferry, Bridge, Ferry- Boat, Jetty, Quay, Well, Spring, Gate, Fence, Post, Rail or Paling, or any article or material, matter or thing, employed for the pur- poses 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 oc- casions,—or shall lead, ride or drive any horse or other beast on any such footway, except directly across 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 annoy- ance in or to the free passage of any such lines of Communication as .
aforesaid, shall forfeit and pay a sum not exceeding Five pounds, over and above the amount of any damages occasioned thereby ; and the amount of such damages shall be handed over to the Treasurer ap- pointed by such Trustees. Provided, that if the property damaged be that of a private Individual, the amount of such damage shall be paid to such Individual, notwithstanding that such Individual may bave been examined as a witness.
1841. 4 & 5 Vic. No. 17.
XIX AND be it enacted, that the Trustees under this Act may Trustees to sue and be
| Trus t ees | name of | c |
sue and be sued in the name- of their Chairman, Treasurer, or Clerk,
for the time being, ; and that no proceedings by or against the said Trustees shall abate by reason of the death or removal of such Public 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.
XX. AND be it enacted, that the said Trustees shall not be held Trustees not personally
to have rendered themselves personally liable for the repa yment ofliable,&c.
any money borrowed, or Interest thereof, by reason of having signed
any securities in pursnance of this Act, but such securities shall be
held and considered as granted upon the sole credit and security of
the Tolls ; nor shall any Trustee be held personally liable for the pay-
ment of any sum, or performance of any contract, for which he shall
not have bound himself personally, independent of his office as Trus-
tee under this Act.
XXI. Provided always and be it enacted, that 'all appointments Apointments and proceed
| of Officers, and all other proceedings whatsoever which may have | lags faderformer Act to |
| been done by the General Trust of the colony under or by virtue of the Act of the first year of Her present Majesty number 2, now repealed, shall be deemed and taken to have the same force and validity, and shall and may be acted upon as if the same had been done under or by virtue of this Act. |
XXII. AND be it enacted, that where any person shall be Jurisdiction by one Ins-
may summon the person charged to appear at a time and place to be named in such summons; and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same to him personally, or by leaving the same at his usual place of abode) the Justice may either proceed to hear and de- termine the case ex parte, or issue his warrant for apprehending such person, and bringing him before himself or some other Justice of the Peace ; or the Justice before whom the charge shall be made, may if he shall so think fit, without any previous summons, issue such war- rant, and the Justice before whom the person charged shall appear or be brought shall proceed to hear and determine the case.
charged, on the oath of a credible witness, before any Justice of the tie'
XXIII. AND be it enacted that in every case of a summary Recovery of penalties
conviction under this Act, where the sum shall be forfeited for the amount of the injury done, or which shall be imposed as a penalty
| 4 & b Vie., No I7. | 1841: |
by the Justice, shall not be paid, either immediately after the convic- tion, or within such period as the Justice shall, at the time of the conviction, appoint, it shall be lawful for the convicting Justice to commit the offender to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of the Justice, for any term not exceeding three calendar months ; the commitment to be determinable upon payment of the amount and costs.
| against officers, &c. | Limitation of proceedings XXIV. AND be it enacted, that all actions and prosecutions to be |
commenced against any person for any thing done in pursuance of this Act, shall be commenced within three calendar months after the fact committed, and not otherwise. And notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action. And in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon. And no Plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such ac- tion brought. or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of Defendant. And if a verdict shall pass for the Defendant, or the Plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the Plaintiff, the Defendant shall recover his full costs as between Attor- ney and Client, and have the like remedy for the same as any Defendant bath by Law in other cases ; and though a verdict shall be given for the Plaintiff in any such action, such Plaintiff shall not have costs against the Defendant unless the Judge before whom the trial shall be shall certify his approbation of the action, and of the verdict obtained thereupon.
| Limitation | of Prosecu- XXV. AND be it enacted, that all Prosecutions for Offences |
| tions. | against the provisions of this Act shall be commenced within three calendar months after the commission of the offence, and not otherwise. |
| Appropriation of fines. | XXVI. AND be it enacted, that all Fines and Forfeitures 're- covered under this:Act shall be divided, paid and applied as follows, |
| --that is to say, after deducting charges of prosecution and sale from the produce thereof, one moiety shall be paid to the Chairman of the General Road Trust, to be appropriated towards the purposes of this Act, and the other moiety to the party or parties informing. |
1841. 4 & 5 Viet. No. 17.
XXVII. AND be it enacted, that this Act may be altered, amen- Act maybe amended.
ded, or repealed by any Act to be passed during the present session.
JOHN HUTT,
GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Council 1
23rd Sept., 1841. 5
EDWARD C. SOUPED,
Acting Clerk of the Council.
Printed by authority of the Government, by E. Stirling, Perth.
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