The Main Roads Management Act (1858 No 3a) (NSW)

No. VIII.

Main R oads. All Act for managing and upholding the Main

Roads of the Colony, \ltli June, 1858.]

Preamble. "Y^THEE-EAS by an.A ct of Council second William the Eourtli

f T number twelve c*ertain poAvers were vested in the Governor of

New South Wales and the' Collector of Internal Revenue and a fund was created for repairing the roads of this Colony And whereas by another Act of Council fourth William the Eourtli number eleven certain roads were declared to be public roads and were directed to be repaired maintained and altered at the public cost and charge by pay­ ment from the Colonial Treasury and certain powers and duties were given to and imposed upon the Governor and the Surveyor General or any persons duly appointed in such behalf in respect to the said roads And whereas by an Act of Council thirteenth Victoria number forty- one certain road trusts ivcre created charged ivith the management and upholding of certain roads as enumerated and specified in the Schedule to that Act annexed the same being portions of the

aforementioned

1858.	21*̂ VIO.	No. 8.	3145
Main Hoads.

aforementioned public roads And whereas by an Act of Council seventcentb Victoria number sixteen certain other portions of the aforementioned public roads were placed in trust and certain Commis­ sioners of the said trust were appointed and the powers and authorities which by the said recited Act of second William the Pourth number twelve were vested in the Governor and Collector of Internal Hevenue were so far as they related to the said roads and thoroughfares in the Schedule to the said Act of seventeenth Victoria number sixteen mentioned transferred to and vested in the said Commissioners And wliereas it is expedient that the three main roads enumerated and described in tiic Schedule to this Act appended should bo under tlu; control and management of the Governor and Executive Council or such officer or officers as the said Governor by and witli the advice of the Executive Council shall from time to time appoint as hereafter mentioned and that the powers authorities and liabilities and trusts so given transferred and created by the said recited Acts of thirteenth Victoria number forty-one and seventeenth Victoria number sixteen respectively should cease and be determined so far as they relate to any portions of the said throe main roads and that such por­ tions thereof should be placed under the control and management of the Governor and Executive Council as aforesaid Bo it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of tile same as follows :—

1. So much of the Act of Council thirteenth Victoria number Parts ofi3 vic.

forty-one and of the Act of Council seventecntii Victoria number sixteen

No

number iive as relates to or affects any portion or portions of either of

the three main roads enumerated and described in the Schedule to this

and also of the third section of the Act of Council fourteenth Victoria repealed, same are hereby repealed.

As to appointment o f Commissioners.

2. It shall be lawful for the G overnor with the advice of t h e Appointment of Executive Council to nominate and apyioint by writing under his hand mainTS"*̂ ™ ° a fit and proper person or persons to be a Commissioner or Commis­

sioners for the purposes of this Act which said Commissioner or Commissioners may be so nominated and appointed either collectively for all the said three main roads or for each or either of them as the Governor shall think fit with power to carry out the provisions of tliis Act And it shall be lawful for the said Governor witli such advice as aforesaid from time to time as he may think fit to revoke any such appointment and upon such revocation or upon the resignation or death of any such Commissioner to nominate and appoint another Commissioner in his stead.

Duties and Powers o f Commissioners.

have been so nominated and appointed as aforesaid he or they shall mê t oi the‘* tS

have and this Act gives him or them full power authority and direc- “ “in roads,

tion to maintain upliold repair fence and manage the said three main

roads or such of them or such portion thereof as he or they shall

have been so appointed a Commissiofter or Commissioners for Pro­

vided that the powers herein conferred upon such Commissioner or

3. As soon as such Commissioner or Commissioners shall Commissioners to and Executive Council.

4. Eor the purpose of tracing marking opening altering repair­ ing or improving any of the said roads in the Schedule to this Act workmenTo oTter

annexed

3146	No. 8.	21° VIO.	1858.
Main Hoads.

ii)ion all lands for	annexed or for erecting forming or repairing any bridge dam punt or
purposes of making
or altering roads.	drain tbereon or for performing any act matter or tiling under the provisions of this Act it shall he lawful for the said Commissioner or Commissioners and all persons authorized hy him or them at all times hereafter and with all ncct'ssary and proper carriages oxen horses or other means to enter upon any land adjacent to such roads such land not being a garden ornamental shrulibery vineyard orchard nursery yard park or planted walk nor an avenue leading to any dwelling- house nor land under cultivation of any kind and then and there seve­ rally to do and perform all such matters and things as are required hy them to he done respecting the matters aforesaid Provided that the powers given hy this section shall not he exercised unless tw'cnty-four hours notice shall he first given of the intention to exercise the same to the owner or person actually occupying the land.
Commissioners or

persons contracting 5. It .shall he lawful for the said Commissioner or Commis­

with them may	sioners or any persons contracting with him or them for the making or
search for dig and
carry away any ma­	repairing of the said roads and for any person authorized by him or
terials for roads.	them at all reasonable times hereafter and with all necessary and pro­ per carriages oxen horses and other means to search lor dig and carry away any materials for making or repairing such main roads as afore­ said in through or from any land river or creek near to or adjoining thereto not being a garden ornamental shrubbery vineyard orchard nursery yard park or planted walk nor an avenue leading to any dwelling-house nor land under cultivation of any kind without paying for the same and to carry away the same through the ground of any person without being deemed a trespasser or trespassers the said Commissioner or Commissioners and other persons as afore­ said filling up the pits or quarries levelling the ground wherefrom such materials shall be taken and railing off the pits or quarries so that the same shall not be dangerous to any person beasts or cattle Provided always that any fences which it may be necessary to take down for any of the purposes aforesaid shall be kept open only during such time as shall be necessary for ingress and egress to or from any such land and shall at all other times during the progress of the works for the performance of which they may be taken down be kept closed in such manner as that cattle or other stock shall not be able to stray therefrom and on the completion of such works shall be immediately put up and left in as good order and condition as they were at the time of being so taken dowm as aforesaid.
Branches of trees &c.
to bo cut and lopped.	6. It shall be lawful for the said Commissioner or Commis­ sioners and all persons authorized by him or them as aforesaid to enter into all such lands as aforesaid and to cut or cause to be cut all brushw'ood and to lop or cause to be lopped all branches of timber trees to the height of forty feet anywhere within twenty yards of the side of any such main road as aforesaid Provided always that no trees or shrubs kept for ornament or shelter to any house building field j)ark or court yard shall be so cut dowai or lopped and that tw^enty- four hours notice shall in every case be given to the owner or person actually occupying the land of the intention to cut down or lop as aforesaid before such trees or shrubs shall be so lopped or cut down and if the owner or occupier of tlie land upon which such brushwood or timber trees may be cut or lopped shall neglect or refuse to remove the same Avithin seven days it shall be laAvful for the said Commis­ sioner or Commissioners or other officer or person as aforesaid to remove or burn any such bruslnvood or loppings Avithout being deemed a trespasser or trespassers.

Bam.s may be fenced 7. It sha ll be laAvful for the said Commissioner or Commissioners

off. ' to fence off any portion he or they may think necessary of the water

' saved

1858.	2r VIO.	No. 8.	3147
Main Hoads.

saved by any dam now erected or hereafter to be erected at the public expense on any of the main roads specified in tliis Act in order that all persons and stock may have free and uninterrupted access to the same Provided no encroachment shall be made under this section upon any land beyond ten feet from the line dividing such land from the high road.

8.   It shall be lawful for the said Commissioner or Commissioners commiasioncis have

or for any persons contracting with him or them as aforesaid for the {J°'̂ i"chê 't\Vougĥ

making altering or repairing of such roads to cause to be cut through aii or any laiuis.̂

all or any lands or grounds whether adjacent to such roads or other­

wise such drains or ditches for and also to remove such obstructions

to the free passage of waters off such roads and to erect such cause­

ways dams bridges archways and sewers and generally to use such

miians as to them shall seem requisite for the purjioses aforesaid Pro-

'v ided that no such drain ditch causeway dam bridge archway or sewer

shall be constructed so as to injure any garden ornamental shrubbea-y

vineyard orchard nursery yard park or planted walk or any aveniu;

leading to any dwelling-house or any land under cultivation of any

kind.

9. In case any person or persons shall resist or in any manner Penalty for persons

forcibly oppose the said Commissioner or Commissioners his or their commib̂ siTners’’?n

successors or any person employed by him or them in the due exccu- the execution of

tion of this Act every person so offending therein shall on conviction IhL'Act!**̂ *

for every such offence forfeit and pay any sum not exceeding twenty

pounds.

As io expenses o f the Hoads.

10. All necessary and reasonable expenses costs and charges Expenses of mads to

incurred in and relating to the upholding maintaining repairing fencing goiidaUid Klmnuc.

and managing the said three main roads or any part thereof and in

and relating to the collection of tolls thereon under and by virtue of

this Act shall bo defrayed by payments from the Colonial Treasury

out of sutdi moneys as shall be from time to time appropriated for that

purpose from the Consolidated Hevenue.

11. All contracts relative to the repair or maintenance of any Contracts rciatiTc to public road bridge or ferry which shall have been made and entered ukeVup hVoovern- into previously to the passing of this Act and which shall remain un- “ en* ‘‘"'i debts paid fulfilled and in force at the time of passing of this Act by any Trustee

or Commissioner of Hoads or other person having by law the manage­ ment of any roads bridges or ferries shall from and after the-passing of this Act cease to have any force or application or to give any right or impose any liability with respect to such Trustee Commissioner or other person as aforesaid so far only as such contract relates to any of the said main roads and such contracts so far as aforesaid shall be deemed and taken to have been made and entered into by the Governor nith the advice of the Executive Council and all rights and liabilities of such Trustee Commissioner or other person as aforesaid on such contracts so lar as aforesaid shall from and after the passing of this Act be transferred to and vested in the said Governor and Executive Council and all debts due from such Trustee Commissioner or other person as aforesaid at the time of the commencement of this Act in respect of the repairs of any such main roads shall be paid by the Minister of Einance and Trade out of the Consolidated Revenue instead of by such Trustee Commissioner or other person as aforesaid who shall be thenceforth hereby released and discharged from the same.

As

3148	No. 8.	2r VIO.	1858.
Main Roads.

A s to Tolls and Leases thereof.

2 Wm*î ‘N!JT2 t̂o powers and authorities wliichby the Act of Council

be vested in the SBCond William the Eourtli number twelve were vested in the Governor

tive C o u n c i l ^ Collector of Internal Revenues and all provisions of the said Act

including such portions thereof as were transferred or altered by tht; aforementioned Acts of Council thirteenth Victoria number forty-one

.. and seventeenth Victoria number sixteen or either of them and also the provisions of the Act of Council fourteenth Victoria number five so far as it relates to the said three main roads and also the provisions of the Act of Council twentieth Victoiaa number thirty-eight shallbc and the same are hereby transhuTod revived and vested in the said Governor and Executive; Council and extended so far as may be applicable or requisite to or for the purposes of this Act Provided always that nothing in this Act contained shall be construed to revive so much of the said Act of Council second William the Fourth numbe'r twelve as was and is repealed by the first section of the said Act of Council twentieth Victoria number thirty-eight Provided that it shall be laAvful for the said Governor with such advice by proclamation to be published in the Government Gazette thirty days before such proclamation shall take effect to impose and direct to be demanded paid and taken at all toll-gates or ferries established or to be established on either of the; said main roads such tolls as the said Governor udth the advice afore­ said shall think fit and necessary in lieu of the tolls mentioned in the third section of the Act of Council second William the Fourth num­ ber twelve and from time to time by proclamation as aforesaid again to alter such tolls as the said Governor with the advice aforesaid shall think proper anything in the said last-mentioned Act of Council to the contrary thereof not’withstanding.

timTof pLsTn 'tWs nioncys derived from any tolls or ferries or rents of

Act to be paid to tiie tolls and fcrries on any of the said main roads which at the time of

Treasury. passing of tliis Act shall be in the hands or control of any Trustee

or Commissioner of Roads or any other persons who shall have col­ lected or received the same and also all moneys which such Trustee Commissioner or other person shall have received from the Colonial Treasury for any purposes connected with the said main roads shall within two months after the passing of this Act be paid over by such Trustee Commissioner or other person to the Commissioner or Commis­ sioners of Main Roads for the purpose of being place to the credit and made part of the Consolidated Revenue.

Existing tolls and

ferries to eontinne 14. A ll tolls and ferries already established on any of the said

till altered hy	three main roads shall be continued until the Governor with the advice
Government.	of the Executive Council shall otherwise direct and all tolls rents of tolls and ferry dues received and collected thereat after the passing of this Act shall be paid into the hands of ^̂ he said Commissioner or Commissioners for the purpose of being carried to the credit and made part of the Consolidated Revenue.
Tolls &c. collected

to he paid into the 15. All tolls and all rents of tolls toll-bars bridges or ferries

Treasury.

received and collected under and by virtue of this Act shall be paid into the hands of the said Commissioner or Commissioners at such times and under such regulations as the Governor and Executive Council may direct and appoint to be by such Commissioner or Com­ missioners paid into the Treasury to the credit and as part of the Consolidated Revenue.

Gen«rai issue

16. I f any Commissioner or any person acting under their

authority or directions shall be sued for any matter or thing which

may be done or commanded to be done by them in the execution of

this

1858.	21° VIC.	No. 8.	3149
Main Roads.

this Act he or they may plead the general issue and give the special

matter in evidence.

17. It shall be lawful for the Governor with the advice of the Municipalities may

Executive Council hy proclamation published in the of the main roads mentioned in the Schedule thereto which shall he included within the limits of any municipal city or town Provided tliat the Governor with the advice aforesaid shall lie authorized to attach any conditions which may 1)c di'emed advisable to tlic transfer of tlie control of such portions of the main roads.

18. This Act may he cited as ' The Main Hoads Management

Act.’

SCHEDULE KEFERRED TO.

A 1.

1. T he Great AVestern Hoad—From Sydney via Farram utta Peiiritli H artley and

B athurst to Wellinjfton,

2. T he Great Southern B oad— h’rom tlic Great AVestern lioad at the fifth mile-stone

from Sydney via, Liverpool Camden Berrima Goulburn A’̂ ass and Gundagai to Albury

a. T he G reat Northern B oad—-Fro!n a point in Swan-street in the Town of Morpeth one hundred yards easterly from the junction of George-street via Maitland Singleton Muswellbrook Scone M urrurrundi and Tamworth to Anuidale.

ANNO