The Maitland Road Trust Act 1853 No 16a (NSW)

No. XVI.

An Act for the making* managing and upholding the Public Roads in the Police District of Maitland in the Counties of Northumberland and Durham and for other purposes therein mentioned. [26th August, 1853.1

His late Majesty King William the Fourth and numbered twelve cer­	WH E R E A S by an Act of the Governor and Legislative Council of New South Wales passed in the second year of the reign of
tain powers were vested in the Governor of the said Colony and a fund was created for repairing the roads of the said Colony And whereas it is expedient to place the public roads or leading thorough- fares in the Police District of Maitland in the Counties of Northum­ berland and Durham in the said Colony into a Trust specified in the Schedule to this Act annexed marked (A 1) and to transfer the said powers and authorities and to vest so much of the said fund as may be collected by way of tolls or otherwise howsoever on the said roads or thoroughfares to and in Commissioners to be appointed in that behalf by the Governor for the time being and to make provision for the application of such funds as last aforesaid Be it therefore enacted by His Excellency the Governor of New South Wales with the advice; and consent of the Legislative Council thereof as follows :—
1. That the said public roads or leading thoroughfares in the Police District of Maitland in the Counties of Northumberland and Durham as set forth in the said Schedule shall be placed in Trust
according to the provisions of this Act.

2. The Warden and the Councillors of the District Council of Maitland for the time being shall he the Commissioners of the said Trust,

3. That all questions matters and things which shall be discussed or considered at any meeting of the said Commissioners shall he decided and determined by the majority in number of the members present and the Warden shall be entitled to vote thereat and in case of an equality of votes shall have an additional or casting vote Pro­ vided however that the said Commissioners shall in no case be com­ petent to proceed to business unless there be at least three members present.

4. The right interest and property in all toll gates and toll houses weighing machines and other erections and buildings lamps bars toll-keepers' direction boards milestones posts rails fences bridges dams culvert drains and other things which shall have been or shall be hereafter erected and provided on or for the said roads or any of them under and by virtue of the said recited Act or this Act or either of them with the several conveniences and appurtenances thereunto belonging and the materials of which the same shall consist and all materials tools and implements which shall be provided for repairing the said roads or any of them shall be vested in the said Commissioners and they are hereby authorized to apply and dispose of the same as they may think fit and to bring any action or prosecute any informa­ tion or indictment or other proceeding for any injury to the property so vested in them or for any violation of the said recited Act or of this Act committed on the said roads or any of them or in any way affecting the same.

5. I t shall be lawful for the said Commissioners by a notice to be published in the New South Wales Government Gazette to appoint and direct tolls to be demanded taken and levied upon such roads and branches diverging therefrom and on such ferries within their said district and in such notice shall be stated the rates of such tolls and from time to time to alter such rates as they may deem fit Provided that such rates to be so stated and altered shall not exceed in amount the rates mentioned in the Schedule to this Act annexed marked (B 2) And provided that when any toll has been paid at any turnpike gate no toll shall be payable at any other gate within eight miles from the former and the same toll shall free the same traffic on its return the same day.

production of the New South Wales Government Gazette containing 6. In any proceeding under this Act or the said recited Act the

such notice shall be prima facie evidence that such notice was duly

published by the direction of the said Commissioners until the contrary
shall be shewn.

7. All sums of money which shall be collected and levied under this Act on such of the roads or thoroughfares and ferries aforesaid as are within the said district shall be vested in the said Commissioners to be applied by them in making repairing fencing and upholding such roads and thoroughfares within the said district and also the bridges thereon and in erecting necessary toll houses and gates thereon and keeping the same as well as those already erected in proper repair.

8. All powers of collecting tolls of appropriating places where tolls shall be collected of causing toll houses gates bars chains rails and fences to be built and set up and all powers of leasing putting up to auction or taking security for tolls and all other powers and authorities of whatsoever nature or kind which by the said recited Act are vested in the Governor and Collector of Internal Revenue respectively are hereby as far as relates to the said roads and thorough­ fares in the Schedule to this Act mentioned and the branches diverging

therefrom

therefrom shall be transferred to and vested in the said Commissioners and the said Commissioners shall be competent to grant leases for the tolls and dues to be collected and levied within the said district for any period not exceeding the term of two years if in their discretion they shall deem it expedient so to do anything in the present law to the contrary notwithstanding.

9. Nothing in the said recited Act contained with reference to the width of any highway or turnpike road or the erection of any dwelling-house building or other erection or any hedge or fence on the side or sides of any highway or turnpike road shall extend to any such highway or turnpike road which may be within the limits of any town in the said Police District.

10. Tolls shall continue to be collected at the same rates as heretofore at any place bridge or ferry which under the provisions of the said recited Act has been appointed by His Excellency the Governor by any Proclamation under his hand duly issued in that behalf until otherwise altered in pursuance of the provisions of this Act.

11. If any collector or keeper of tolls or boatman or ferryman

at any turnpike gate or ferry established or to be established in pursu­ ance of the provisions of the recited Act or this Act shall take a less toll from any person than he shall be authorized to do by virtue of the powers of this or any other Act or any Proclamation issued or to be issued in pursuance thereof or of the orders resolutions and notices of the Commissioners made or published in pursuance thereof then and in every such case every such collector or keeper of tolls boatman or ferryman shall forfeit and pay any sum not exceeding twenty pounds for every such offence.

12. For the purpose of tracing marking opening altering repairing or improving any of the said roads or thoroughfares or branches diverging therefrom in the Schedule to this Act annexed or for erecting forming or repairing any bridge dam punt or drain thereon or for performing any act matter or thing under the provisions of the recited Act or this Act it shall be lawful for the said Commis­ sioners or the surveyors duly appointed by them and for their servants workmen and laborers at all times hereafter and with all necessary and proper carriages oxen horses or other means to enter upon any lands adjacent to such roads and then and there severally to do and perform all such matters and things as are required by them to be done respecting the matters aforesaid.

13. I t shall be lawful for the said Commissioners or any persons contracting with them for the making or repairing of the said roads or thoroughfares and for their respective surveyors assistants servants laborers and workmen at all reasonable times hereafter and with all necessary and proper carriages oxen horses and other means to search for dig and carry away any materials for making or repairing such roads or thoroughfares as aforesaid in through or from any land river or creek near to or adjoining thereto (not being a garden yard park planted walk or avenue leading to any dwelling-house or any piece of land set apart for a nursery for trees) 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 Commissioners and other persons as aforesaid 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 be kept closed in such

such manner as that cattle or other stock shall not be able to stray
therefrom.

14. I t shall be lawful for the said Commissioners and their surveyors assistants servants laborers and workmen as aforesaid to enter into all such lands as aforesaid and to cut or cause to be cut all such brushwood and to lop or cause to be loped such timber trees to the height of forty feet any where within twenty yards of the side of any public road as aforesaid Provided always that no such trees be kept for ornament or shelter to any house building or court-yard and if the owner or occupier of the land upon which such brushwood or timber trees may be cut or lopped shall neglect or refuse to remove the same within seven days it shall be lawful for the said Commis­ sioners or other officer or person as aforesaid to remove or burn any such brushwood or loppings without being deemed a trespasser or trespassers.

15. I t shall be lawful for the said Commissioners to fence off any portion they may think necessary of the water saved by any dam now erected or hereafter to be erected at the public expense in order that all persons and stock may have free and uninterrupted access to the same.

16. I t shall be lawful for the said Commissioners or for any persons contracting with them as aforesaid for the making altering or repairing of such roads to cause to be cut through all or any lands or grounds whether adjacent to such roads or otherwise such drains or ditches for and also to remove such obstructions to the free passage of Avaters of such roads and to erect such causeways dams bridges arch­ ways and sewers and generally to use such means as to them shall seem requisite for the purposes aforesaid.

17. I n case any person or persons shall resist or in any manner forcibly oppose the said Commissioners their successors or their contractors as aforesaid or the surveyors assistants workmen or laborers employed by them in the due execution of this Act every person so offending therein shall on conviction for every such offence forfeit and pay any sum not exceeding ten pounds.

18. I t shall be lawful for the said Commissioners to sue and be sued in the name or names of any one of such Commissioners or of their Chirk for the time being and that no action or suit to be brought or commenced by or against any such Commissioners or Clerk by virtue of this Act in the name or names of any one of such Commissioners or Clerk shall abate or be discontinued by the death or removal of

that any one of such Commissioners or Clerk shall always be deemed	without the consent of the surviving or remaining Commissioners but such Commissioner or Clerk by the act of such Commissioner or Clerk
to be the plaintiff or defendant (as the case may be) in every such action or suit Provided always that every such Commissioner or Clerk shall be reimbursed and paid out of the moneys belonging to the Trust all such costs charges and expenses as such Commissioner or Clerk shall incur or become chargeable with or liable to by reason of his being so made plaintiff or defendant.

19. I t shall be lawful for the said Commissioners and they are

hereby empowered if they think fit to direct prosecutions by indictment or otherwise against any offender or offenders for any nuisance or other offence done committed or continued in or upon any of the highways or roads under their care or to recover any penalty or forfeiture incurred under the provisions of this or any other Act or Acts relating to highways or roads at the expense of the revenues belonging to the roads under the care of such Commissioners.

20. I t shall be lawful for the said Commissioners to appoint all

such ministerial officers as shall be necessary for carrying this Act

into

into effect and to assign reasonable salaries or other emuneration to such officers and the same shall be paid out of any sums of money which shall be collected and levied under this Act.

21. No Commissioner appointed under this Act nor any surveyor

or other officer or servant appointed by the said Commissioners as aforesaid shall have any part share or interest directly or indirectly in any contract or bargain for work or materials to be made done or provided upon for or on account of any of the highways or other works whatsoever under his or their care or management or shall upon his or their own account directly or indirectly use or let to hire any team or use or sell or dispose of any materials to be used or employed in making or repairing any such highways or other works as aforesaid or he or thcv shall forfeit for every such offence on conviction any sum not exceeding twenty pounds and be for ever after incapable of holding or being employed in any office under this Act.
22. I t shall be lawful for the Commissioners of the said Trust to borrow and take up at interest on the credit of the tolls arising on the roads within the said Trust such sum or sums of money as they shall from time to time think proper and to mortgage the tolls on such roads or any part or parts thereof (the costs and charges of which mortgages shall be paid out of the tolls) as a security to any person or persons or their trustees who shall advance such sum or sums of money and it shall be lawful for all persons respectively to whom any mortgage shall be made as aforesaid or who shall be from time to time entitled to the money thereby secured to assign or transfer his her or their right title and interest in and to such mortgage and the principal money and interest thereby secured to any other person or persons whomsoever Provided always that the sum or sums of money so borrowed shall not exceed three times the amount of the tolls received on the roads within the Trust on the credit of which such sum or sums shall be intended to be secured during the year ending on the thirty- first day of December immediately preceding And provided also that no sum or sums of money to be so borrowed which would if added to the previous debt or debts of the said Trust make the aggregate of the debt or debts of the said Trust to exceed three times the amount of the tolls so received within the year immediately preceding as aforesaid.

23. The said Commissioners shall keep or cause to be kept true correct and particular accounts of all moneys received as well as of all moneys expended by them in the execution of their Trust under this Act and they shall within one month after the expiration of each half-

year render such accounts for such half-year to the Auditor General
of the Colony who after examination of the same shall cause them to
be delivered to the Colonial Secretary to be laid before the Legislative Council of the said Colony and published in the New South Wales

Government Gazette.

24. No toll or ferry dues shall be demandable or taken by virtue of this Act for or in respect of any horses or carriages of or belonging to the Governor of the said Colony for the time being or to any person in actual attendance upon him or for or in respect of the horses beasts carts carriages or other vehicles of and belonging to the Government and employed at the time of passing the gate or ferry in the Government service or for or in respect of any horse beast carriage or other vehicle conveying any clergyman in the discharge of his duty or any other person or persons going to or returning from the proper church chapel or other place of worship of the person or persons riding or driving the same on Sundays Christmas Day or Good Friday or for or in respect of any horse beast carriage or other vehicle attending funerals or for or in respect of any horse beast carriage or other vehicle carrying the Post Office mails or for any carts drays or

wagons

wagons carrying manure or for any horse beast carriage or other vehicle which shall only cross any such turnpike road within the said Police District or shall not pass thereon above the distance of two hundred yards or for any horses or other beasts going or returning daily from the usual place of pasture or watering and all horses cattle carts drays and vehicles whatsoever belonging to or employed by the said Commissioners or their surveyors assistants servants laborers or workmen or any persons contracting with the said Commissioners for repairing the said roads dams and bridges whilst so employed respec­ tively.

25. I t shall be lawful for any one or more Justices of the Peace to hear and determine in a summary way all offences com­ mitted against the provisions of the said recited Act or this Act and to impose such fines and penalties as in the said recited Act or this Act are directed as fully and effectually as if the same were herein repeated and all proceedings by summons or warrant without a formal information in writing shall be as good valid and effectual to all intents and purposes as if a formal information in writing had been exhibited Provided always that in every such summons or warrant the general nature of the charge shall be suc­ cinctly stated and the original complaint shall be on oath.
20. The Justice or Justices of the Peace by whom any person shall be convicted and adjudged to pay any sum of money for any offence against the provisions of the said first recited Act or this Act may adjudge that such persons shall pay the same with costs to bo assessed by the Justice or Justices either immediately or within such period as such Justice or Justices shall think fit and in default of payment at the time appointed he shall be imprisoned in the common gaol or house of correction for any term not exceeding two calendar months where the sum shall not exceed the sum of five pounds and for any term not exceeding three months where the sum shall exceed five pounds the imprisonment in each such case to cease upon payment of the sum due.
27. Any party or parties convicted of any offence under the said recited Act or under this Act shall have and be entitled to the same appeal from the decision or the convicting Justices as is given to any person or persons convicted under the said recited Act,
28. If any Commissioner of the said Trust 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 Act he or they may plead the general issue and give
the special matter in evidence.
29. No conviction under the said recited Act or under this Act shall be quashed for want of form or be removed by writ of certiorari or otherwise into the Supreme Court and no warrant or commitment shall be held void by reason of any defect therein provided it be therein alleged that the party has been convicted and that there be a good and valid conviction to sustain the same.
30. The boundaries of the Police District of Maitland for the purposes of this Act shall be those set forth in the Schedule hereunto annexed marked (C 3.)
31. This Act may be cited as " The Maitland Road Trust Act 1853" and shall take effect from and after the passing thereof.

SCHEDULE

SCHEDULE R E F E R R E D TO.

(A 1.)

1. Singletou Road—From Morpeth to Black Creek or thereabouts being to the boundary of the Police District of Maitland twenty miles five furlongs one chain and seventy l inks.

2. Newcastle Road—From Maitland to Hexham or thereabouts being to the boundary of

the Police District of Maitland six miles (est imated).

3. Paterson Road—From Maitland to Tocal or thereabouts being to the boundary of the

Police District of Maitland eight miles and four furlongs.

4. Raymond Terrace Road—From Maitland to the Swinging Gate or thereabouts being to

the boundary of the Police District of Maitland five miles (estimated).

5. Brisbane Water Road—From Maitland to the Gap or thereabouts being to the boundary

of the Police District of Maitland nineteen miles (estimated).

6. Wollombi Road—From Maitland to Cessnock or thereabouts being the boundary of the

Police District of Maitland fourteen miles (estimated).

(B 2.)

Table of Tolls referred to.

s. d.

For	every	sheep	lamb	pig or goat	. . .	. . .	. . .	. . .	. . .	. . .	. . .	0	0 1/4
1/2

For every ox or head of neat cattle . . . . . . . . . . . . . . . . . . 0 1

For every horse mare gelding ass mule or colt . . . . . . . . . . . . . . . 0 2

For every cart dray gig chaise or other such vehicle with two wheels drawn by

one horse or other animal . . . . . . . . . . . . . . . . . 0 0

For every additional horse or other animal drawing such cart dray gig chaise or

other such vehicle with two wheels . . . . . . . . . . . . . . . 0 2

For every wain wagon coach chariot or other such carriage with four wheels

drawn by two horses or other animals . . . . . . . . . . . . . . . 1 0

For every additional horse or other animal drawing such wain wagon coach

chariot or other such carriage with four wheels . . . . . . . . . 0 2

For every coach chariot chaise or other such carriage with four wheels drawn by

one horse or other animal . . . . . . . . . . . . . . . . . . 0 8

For every cart dray wain wagon or such other carriage having the felloes and tire of the wheels of the breadth of six inches one-half of the above toll only.

For every empty cart dray gig chaise or other vehicle tied or secured to any other carriage the same toll as if drawn by one horse and every empty four- wheel carriage the same rate of toll as if drawn by two horses but if such have goods conveyed in them other than the harness they shall pay double toll.

(C 3.)

Embracing a northern portion of the County of Northumberland and a southern portion of the County of Durham and bounded on the north from the north-west corner of Francis Moran's 2,460 acres grant by the northerly continuation of the west boundary line of that land to the south-west corner of W. Hickey's 600 acres thence by the western boun­ dary of that land and its continuation northerly through Clyment 's 2,000 acres forming the eastern boundary of Thomas Bart ie 's 2,560 acres and passing through Andrew Dixon's 1,600 acres to the southern boundary of Hugh Torrence's 2,000 acres and by tha t boundary and its continuation westerly through Government land and \V. Dunn's 1,300 acres grant to the south-east corner of J . P . Webber 's 2,020 acres grant thence by the southern boun­ dary of that land the northern boundary of T. Nowland's land and a line north-westerly across the Church grant and Government land to the north-east corner of W. C. Wentworth 's 1,034 acres thence by the north boundary of tha t land the south and west boundaries of Lambe's 2,560 acres the north and west boundaries of Mitchell 's 880 acres and the north and west boundaries of Underwood's 1,500 acres to the River H u n t e r at the south-east corner of Gaggin's 2,000 acres gran t and thence by the River Hunte r to the confluence of Black Creek on the west by Black Creek to its western source and thence by a line bearing south-westerly to Broken Back Mountain on the south by the range from that mountain to the Sugar Loaf Mountain and thence by a line bearing north-easterly to a point in a line with the western boundary of Francis Moran's grant of 2,460 acres and by tha t line and the western boundary of Moran's g ran t to the north-west corner of that grant aforesaid.

No. X V I I .