The Randwick and Coogee Road Trust Act 1854 No 14a (NSW)

1854. 18 ̂ VIO. N o. 14. 2835

Botany Moad Commissioners.

No. XIV.

All Act for the appointment of Commissioners	COJIMISSIONEHS.
B otany R oad

for making- managing and iipliolding the Old Botany Itandwick and Coogee Eoads. [14 /̂i Septemher, 1854.]

"T^TlIEllEA S by Rn Act of the (Jovernor and Legislative Council rreambic.

? T of New Soutli Wales passed in tlie second year of the reign

of His late Majesty King William tlie Eourtli and nuinl)ered twelve 3 Wm. iv. No. 12. Avhercas it is expedient to place cendain pul)lie roads in the County of Cumberland in the said Colony into a Trust specified in the Schedule to tills 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 Avay of tolls or otherwise howsoever on tlu; said roads or thorougli- fares to and in Commissioners to be appointed in that behalf by the Governor I'or the time being and to make provision for the application of such funds Be it therefore enacted by His Excellency the Governor of New South "Wales Avith the advice and consent of the Legislative Council tlu'reof as folloAvs :—

certain powers were vested in tlie Governor of the said Colony and a

1. d'ho puhlic roads or thoroughfares as set forth in the said P̂ wicroys or

Schedule shall be placed in Trust according to the provisions of this pieced under Trust

Act.

2. I t shall be laAvful for His Excellency the Governor to appoint Conunissioners to carry out the provisions of the said Trust.	,̂‘®o?ycomnm ”
sioners.

3. All questions matters and things which shall be d i s c u s s e d Questions to be

or considered at any meeting of the said Commissioners shall be	majority.
(h'cided and determined by the majority in number of the mtmibers present and the President (avIio shall be elected by the Commissioners
from their own body) shall be entitled to vote thereat and in case of

an equality of votes shall have an additional or casting vote Providt'd Quorum.

hoAvever that the said Commissioners shall in no ease be competent to

proceed to business unless there he at least three members present.

if. The right interest and ])ropcrty in all toll-gates and to ll- r ro p rr ty to be vested

houses Avcighing machines and other erections and buildings lamps

bars toll-keepers’ direction boards milestones posts rails fences bridges

dams culvtn’t drains and other things Avhieh sliall 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 tliem Avitli the several conveniences and appurtenances thereunto

belonging and the materials of Avhich the same shall consist and all

materials tools and implements Avhich shall be provided for repairing

the said roads or any of them stiall be vested in the said Commissioners	.
and they are hereby authori/.cd to apply and dispose of the same as they may tliink fit and to bring any action or prosecute any information or indictment or other proceeding for any injury to the property so vested in tliem 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 bo lawful for the said Commissioners by a notice to row ers of Commis-

bo pid)lis1i(;d in tbe Ncio South Wates Government Gazette to appoint and direct tolls to be demandi'd taken and hwi('d upon such roads and branches diverging therefrom Avithin their said Trust and in such notice shall be stated the rates of such tolls and from time to time to

alter

2836 N o. 14. 18̂ ̂ VIC. 1854.

JBotany Hoad Commissioners.

ToUs to be taken,	alter sticli ratcs as they may deem tit Provided tliat sueli rates to h(' so stated and altered shall not exceed in amount the rates mentiom'd in the Schedule to this Act annexed marked B 2 xlnd provided that when any toll has heen paid at any turnpike-gate erected within th(> limits of the said Trust no toll shall he payable at any gate within eight miles of tin; former and the same toll shall free the same tratlic* on its return the same day.
Government Gazette	0. In any proceeding under this Act or the said recited Act the production of the Neto Soidh TFfiles Government Gazette containing such notice shall he A evidence that such notice was duly pidjlishcd by the direction of the said Commissioners until the contrary shall ho shewn and the like evidence shall he sufficient proof of tlie appointment of the said Commissioners.
evidence of notice.
Money vested iii	7. xlll sums of money which shall be collected and levied under tliis Act on such of the roads or thorougfarcs as arc within .the said Trust shall he vested in the said Commissioners to he apjdied by them in making repairing fencing and upholding such roads and thoroughfares within the said Trust 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.
Commissioners.

All powers ami g powcrs of collecting tolls of appropriating jdaces where

2 Wm. IV. No. 12 ̂tolls sluill 1)0 collected of causing toll houses gates bars chains rails in the Governor and fenccs to 1)0 huilt and sct up and all powers of leasing putting

Revenue transferred up to auctioii Or taking sccurity lor tolls aucl all otlicr powers to Commissioners. authorities of wliatsocver nature or kind which by the said recited

Act are vested in the Governor and Collector of Internal Ilcveniie respectively are lierehy as far as relates to the said roads and thorough­ fares in the Schedule to this Act annexed mentioned and the hranehos diverging therefrom shall be transferred to and vested in the said Commissioners :md the said Commissioners shall be competent to grant leases for the tolls and dues to he collected and levied within the said district for any period not exceeding the term of hvo years if in tlu'ir discretion they sliall deem it expedient so to do anytliing in the present law to the contrary notwithstanding.

Nothing in the 2nd

William IV. No. 12 9. Nothing in the said recited iVet contained with reference to

to extend to any	the width of any highway or turnpike road shall extend to any sucli
highway in any	highway or turnpike road ivliich may he within the limits of any
town.	town situated within the boundaries of the said Trust.
Penalty on collector

&c. taking less toll 10. If any collector or keeper of tolls at any turnpike-gate

^an diowed by law.‘̂ staW hc established in pursuance of this Act or 1 he said

recited Act shall take a less toll from any person than he shall he authorized to do by virtue of the powers of this or any other Act or any proclamation issued or to he issued in jmrsuance thereof or oi‘ 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 shall forfeit and pay any sum not exceeding twenty pounds for every such offence.

C om m issioners (ji H . Por the purposcs of tracing marking opening altering o£s™ndwmkmen I’epairing or improving any of the said roads or thoroughfares or to enter upon all ̂ ^^Pi-anches diverging therefrom in the Schedule to this Act annexed makLg'̂ ô YitcrhiV mcntioiicd or for erecting forming or repairing any bridge dam or roads. drain thereon or for the performing any act matter or thing under the

provisions of the said recited Act or this Act it shall he lawful for the said Commissioners or the surveyors duly appointed by them and for their servants workmen and laborers at all times hereafter and with all necessary and ])roper carriages oxen horses or other means to entm* 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.

1854. 18*̂ YIC. N o. 14. 2837

Botany Boad Commissioners.

12. I t shall be lawful for the said Commissioners or any per- Commissioners or

sons contracting with them for the making or repairing of the said

roads or thoroughfares and for their respective surveyors assistants search for dig and

servants laborers and workmen at all reasonable times hereafter materiaTs'for'̂ roads.

and with all necessary and proper carriages oxen horses and other

means to search for dig and take 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 ti’espasser or trespassers the

said Commissioners and other persons as aforesaid filling up the pits

or quarries levelling the ground Avherefrom such materials shall be

taken and railing olf the pits or quarries so that the same shall not

be dangerous to any persons beasts or cattle Provided always tliat any

fenccs 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 l)e kept closed in such manner as that cattle or other stock shall

not be able to stray therefrom.

13. I t shall be lawful for the said Commissioners and their isranches of trees &c,

surveyors assistants servants laborers and workmen as aforesaid

enter intt) all sucli lands as aforesaid and to cut or cause to be cut all

such brushwood and to lop or cause to be lopped such timber-trees

to the height of forty teet anywhere within twenty yards of the side

of any pulilic road as aforesaid Provided always that no such trees be

kept for ornament or shelter to any house building or coiirt-yard and

if the owner or occupier of the land upon which such brush-wood or

timber-trees may be cut or lopped shall neglect or refuse to remove;

tin; 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 brush-wood or loppings without being deemed a trespasser or

tresj)assers.

I I . I t shall lie lawful for the said Commissioners to fence off "'a)' lie lenci'a

any portion they may think nc(;essary 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.

15. I t shall be lawful for the said Commissioners or for any commissioner.s to Ttersons contracting with them as aforesaid for the making altering or ijave power to cut » • j-j -| T J i l l T ’11 1 1 tilJLl it 1 LC'i 1 v

rtqtairmg ol such roads to cause to l)e cut through all or any lands or tinougii aii or any

grounds whether adjacent to such roads or otherwise such drains-or

ditclies for and also to remove such obstructions to the free passage

of waters off such roads and to erect such causeways bridges dams

archways and sewers and generally to use such means as to them shall

seem requisite for the purposes aforesaid.

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

j'orttibly oppose the said Commissioners their successors or their con- (jouimifsimiera in ̂

tractors as aforesaid or the surveyors assistants workmen or laborers the execution oftiieir

employed by them in the due execution of this Act every person so

offending therein shall on conviction for every such offence foi'feit and

jiay any sum not exceeding ten pounds.

17.                I t shall be lawful for the said Commissioners to sue and Commissioners may

1)0 sued in the name or names oi any one oi sueh Commissioners or oi their clerk for the time being and 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 Commis­ sioners or clerk shall abate or be discontinued bv the death or removal

■ ' of

2838 N o. 14. 18 ̂ V IC . 1854.

Hotmuj Hoad Commissioners.

of such Commissioner or clei’k hy the act of such Commissioner or clerk without the consent of the surviving or remaining Com­ missioners but any one of snch Commissioners or clerk shall always be deemed tlie plaintiff or defendant (as the case may he) in every snch action or suit Provided always that every such Commis­ sioner or clerk shall he reiinhur.sed and paid out of the moneys of the Trust all such costs charges and expenses as snch Commissioner or chtrk shall incur or hecome chargeable with or liable to hy reason of his being so made jilaintilf or defendant.

Commissioners may	18. I t shall be lawful for the said Commissioners and tliey are hereby empowered if they think fit to direct prosecutions hy indict­ ment 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 this or any other Act or Acts relating to highways or roads at th(̂ expense of the revenues belonging to the roads under the care of such Commissioners.
prosecute for
nuisances &c.
Commissioners to
appoint ministerial	19. I t shall he lawful for the said Commissioners to appoint all such ministerial officers as shall be necessary for carrying this Act into effect and to assign reasonable salaries or other remuneration to such officers and the same shall be paid out of any sums of money which shall hc collected and levied under this Act.
officers.
Commissioners and

certain otlier persons 20. No Commissioner appointed under this Act nor any sur­

not to sliare in any	veyor or other officer or servant appointed by the said Commissioners
contract or let to
hire any team or	aforesaid shall have any part share or interest directly or indirectly
dispose of any	in any contract or bargain for work or materials to be made done or
materials stores &c.
under a penalty.	provided upon for or on acconnt 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 they shall forfeit for every sueh offence on conviction any sum not exceeding twenty pounds and lie for ever after incapable of holding or being employed in any office under this Act.
Commissioners may
borrow money and	21. I t shall be lawful for the Commissioners of the said Trust to borrow and take up at interest on the credit of tlu ̂ 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 sucli roads or any part or paris thereof (the costs and chargi's of which mortgages shall be paid out of the tolls) as a security to any person or persons or their trustees who shall advance sueh sum or sums of money and it shall be lawful for all persons respectivedy to Avhom 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 secured to any other person or pi'rsons whomso­ ever Provided ahvays that the sum or sums of money so borrowed shall not exci'cd three times the amount of tolls received on the roads within the said Trust on the credit of Avbich such sum or sums shall lie intended to he secured during the year ending on the tliirty-tirst day of December immediately prc'ceding And provided also that no sum or sums of money to be so liorrowed which Avould if added to the pre­ vious debt or debts of the said Trust make the aggregate of the d(>bt or delits of the said Trust to exceed three times the amount of the tolls so received within the year immediately preceding as aforesaid.
mortgage tolls.
Commissioners to
keep and render	22. The said Commissioners shall keep or cause to be kept true correct and particular accounts of all moneys received as Avell as of all moneys expended by them in the execution of their Trust under tliis Act and they shall within one month after the expiration of each half
accounts.

year

1854. 18 ̂ VIC. N o. 14, 2839

Botany Road Commissioners.

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

23.                 Xo tolls or dues shall he dcmandahle or taken hy virtue of certain exemptions

this Act for or in respect of any horses or carriages of or belonging to the f™«‘to'isutturnpike- attendance upon him or for or in respect to the horses beasts carts carriages or other vehicle of or belonging to the Government and employed at the time of passing the gate in the Government service or for or in respect to any horse beast carriage or other vehicle convey­ ing 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 Avorship of tlie pm'son or persons riding or driving the same on Sundays Christmas l)ay or Good Lriday 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 horse beast carriage or other vehicle whicb shall only cross any such turnpike road Avithin the said Trust or shall not pass thereon ahoA'e the distance of tAvo hundred yards or for any horses or other beast going or returning daily to or from the usual place of pasturing or Avatering and all horses cattle carts drays and A'chieles Avhatsoever employed by or belonging to the said Com­ missioners or their sniweyors assistants seiwants laborers or Avorkmen or any person contracting with the said Commissioners for repairing the said roads dams and bridges Avhilst so (imployed respectively and also all carts vehicles and conveyanc(;s belonging to or in the actual service of the Commissioners for the City of Sydney their contractors servants or agents when employed in their service in connection Avith the water Avorks of the said City.

2d. It shall be lawful for any one or more Justices of the Fines .ma penalties

Peace to hear and determine in a summary AA'ay all offences com- summ\ujVay\^y ̂ mitted against the provisions of the said recited Act or this Act tind Justices of the Peace, to impose such fines and penalties as in the said recited Act or this

Act are directed as fully and effeetually as if the same Avere herein 1‘epeated and all proeeedings by summons or Avarrant Avithout 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 htten exhibited.

25. The Justice or Justices of the Peace by Avhom any person Justices may award

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 A\dth costs to bo

assessed by the Justice or Justices cither immediately or AAuthin sueh period as the Justice or Justices shall think fit and in default of

payment at the time appointed hc shall be imprisoned in the common imprisonment in

gaol or house of correction for any term not exceeding tAvo calendar of

months AA'here the sum shall not exceed five pounds and for any term

not exceeding three calendar months Avhere the sum shall exceed five

pounds the imprisonment in each such case to cease upon payment of

the sum due.

26. A ll sums of money recovered under the provisions of this Moneys received Act shall be paid to the said Commissioners to be applied by them ’ toAvards the making managing and upholding the roads within the within tiie Trust, said Trust and other purposes relating thereto.

27. I f any Commissioner of the said Trust or any person General issue,

acting under their authority or directions shall he sued for any matter or thing Avhich may he done or commanded to be done by them in the

2 z—VOL. 4. execution

2840 N o. 14. 18 ̂ VIC. 1854.

Botany Bond Commissioners.

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

the special matter in evidence.

Conviction not to lie

cinashetl for want of 28. No conviction under the said recited Act or under this A c t,

form.	shall be quashed for want of form or he removed hy writ of certiorari or otherwise into the Supreme Court and no warrant of commitment shall he held void liy reason of any defect therein Provided it he tlierein alleged that the party has been convicted and that there he a good and valid conviction to sustain the same.
title of Act.
Commencement and	29. This Act may he cited as “ The Randwick and Coogee Road Trust Act 1854 ” and shall takeetfect from and after the passing thereof.

SCHEDULES REFERRED TO.

A 1.

1st.— Old Botany Ro.aJ from tin; south end of Botany-street in the City of Sydney to the comnieneeinent of tlie Randwick and Coogee Road being one mile and a quarter from the said City.

2nd.— Randwick and Coogee Road from tlie Old Botany Road aforesaid to Randwick and tlie Town of Coogee being two inile.s and thirty cliains to Whale-street in the said townsliip.

ord.— Frenchman’s Road from its intersection witli tlie Randwick and Coogee Road to the western boundary of M'Gee’s five acres &c. to tlie eastern boundaries of Gordon’s eight acres &c. thence between the grants of Jones and Gordon to Gray’s corner on the Old South Head Road being one mile and sixty-two chains.

B 2.

s. d.

For every slieop lamb pig or goat	...	...	...	...	...	0	01
For every ox or head of neat cattle	...	...	...	...	...	0	H

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 liorse or other animal ... ... ... ... 0 6

For every additional horse or other animal drawing such cart dray

gig chaise or other such vehicle with two wliecls ... ... 0 2

For every wain wagon coach chariot or otlier sucli carriage with four

wheels dr.awn by two liorses or other animals . .. ... ... 1 d

For every additional horse or otlier animal drawing such wain wagon

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

For every coach chariot chaise or other sucli carriage with four

wheels drawn by one horse or other animal ... . .. ... 0 8

For every cart dray wain wagon or such carriage liaving the felloes and tire of the wheels of tlie 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 liorse and every empty four-wliecl carriage the same rate of toll as if drawn by two horses but if such have goods conveyed in tliem otlier than the harness they shall pay double toll.

No. XV.