Towns improvement (1841) (WA)
WESTERN AUSTRALIA.
ANNO QUARTO & QUINTO
VICTORIA, REGINIE,
No. 18.
An Act to pro-vide for the improvement of Towns in the Colony of Western Aus- tralia.
HEREAS it is expedient to provide for the improvement of preamble
WExcellency the Governor of Western Australia, by and with the ad-Towns within this Colony ; Be it therefore enactelby his vice of the Legislative Council thereof, that from and after did pas-
| sing of this Act, the right of property in all Streets, Paths, Canals, Property and manage- | es within the ne ;to swt rne eitft; st co vceaset |
| Towing-Paths, Ferries, Bridges and other thoroughfar | , in |
| limits of any townsite, and not laid out as public lines of communi- town; consisting of Resi- | and |
| cation by the General Road Trust ; together with all soil, timber and wners of allotmens. | owners |
| other materials within such Town-site, and not upon land belonging to private individuals, or reserved for special purposes by the Local Government ; and in all funds in any wise arising from or applicable thereto, together with the management, control, superintendence and |
| 4 & 5 Vie., No; 18. | 1841. |
charge of the same shall be vested in the respective Town Trust of each such Town, consisting of all Justices of the Peace residing within the limits of such Town-site, and all proprietors of allotments held in fee-simple therein. And all such persons are hereby declared to be Trustees of the same for the purposes of this Act.
Proxies and Agents to II. AND be it enacted, that all Proxies appointed in writing by vote. proprietors of Allotments, residing at a distance of not less than
twenty miles from the Town, and all duly authorised Agents for persons not residing in the Colony, shall be entitled to vote for their principals.
Trustees to divide Streets, III. AND be it enacted, that the said Trustees shall have power
ac., into Districts. to divide the Streets, and other lines of Communication, into Dis-
tricts, for the purposes of this Act, and to name Directors and Com- mittees of their Members for the more immediate direction and management thereof; and to give such Directors and Committees such powers and such instructions as they shall from time to time think fit and expedient.
Trustees tomakeand sub-scribe declarationof ("mai- IV. AND be it enacted, that previous to any person acting as fication. such Trustee as aforesaid, he shall make a declaration to the follow-
ing 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, intituled, r An Act to pro-
vide for the Improvement of Towns in the Colony of Western Austra- lia,' 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 ofthis declaration shall be entered in the Journal and signed by each Trustee.
Trustees to hold four Gen- V. AND be it enacted, that the said Trustees shall hold foureral Meetings; and also
Special Meetings on re- General Meetings within each year,—namely, on the first Monday in
Members. January, the first Monday in April, the first Monday in July, andguisition of three or more
the first Monday in October ; and also Special ,Meetings, upon the requisition of any three or more Members of their body, provided that due notice of such Special Meeting shall previously have been given either by publication in two successive Gazettes or by such other suf- ficient means as the circumstances of the case will admit of.
| Of ficers to be appointed. | VI. AND be it enacted, that at the General Meeting of the said 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. |
1841 . 4 & 5 Viet. No. M.
Collectors, Clerics, Surveyors, or other requisite officers. Provided always, that if at such General Meeting, either from the non-at- tendance of Members, or from any other unforeseen cause, it shall be found impossible to elect the officers as 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 appointing such Officers or filling up such vacances as aforesaid ; and further, that no business shall be entered upon at any General or Special Meeting unless at least seven Trustees be present.
VII. AND be it enacted, that as soon as may be after the chairman to report ligt
election of such Officers, or filling op such vacancies, the chairman Officers to the Cover
shall report the same to the Governor.
VIII. AND be it enacted, that the Directors of the several Dis_ Directors of . Distrk7
tricts shall, at least seven days previous to each General Meeting,21,ZraLitr:sti::
deliver to the Chairman reports on the state of the several lines and counts as herein.
modes of communication in their respective districts; also, Quarterly
Accounts of Expenditure, accompanied by vouchers, under authority
of any Meeting ; also an account of the works required to be exe- cuted 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 described.
| IX. | AND be it enacted, that the Chairman shall lay correct Chairman to lay lirr,r7 | u |
| abstracts of all Reports Accounts, | , | and Estimates before each ;Iiii reports, @c. | , |
General Meeting, and that immediately after these have been duly
read and considered, and in whole or in part approved of by the Meeting, estimates 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 may think fit to under- take,—having a due regard to the total amount of Funds available for such purposes, and to such a just, wise, and equitable apportion- ment of those funds as the general interests of the respective Town, and the wants of each particular District may be deemed to require.
X. AND be it enacted, that the Chairman shall preserve order at Chairman to prescry
the several meetings, and take the sense thereof, and superintend and teLagki:
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 al-
ways, that in the absence of the Chairman the Senior Member of
Committee present shall act as Chairman.
| 4 & 5 Vie., No. 18. | 1841. |
| Clerk to enter in a Book | I. AND be it enacted, that the Clerk shall keep a Book or |
'
| Minutes of Proceedings | X |
and account of Receipts Books, in which shall be entered minutes of all proceedings and
and Disbursements. transactions, and an account of Receipts and Disbursements, and the
Chairman at such meeting shall see the entry of the proceedings thereat duly made, and shall subscribe the same with his own hand,
| Book to be open to inspec- and the names of the Trustees present at every meeting shall be | tion. entered ; and every Book containing such Entries or Accounts shall |
at all reasonable times be open to the inspection of the public, and it shall be lawful for any person to peruse and make extracts from the same -without fee or reward.
Reports and Statements XII. AND be it enacted, that as soon as may be after the expira-
| to be | laid | by ex•Chairman | • |
| b | re | the | t | on of his Office, Reports and Statements of the Proceedings and |
before Governor.
Accounts of the Trustees for the preceding year shall be laid by the
Chairman of such year before the Governor.
Nature of available funds. XIII. AND be it enacted, that the Funds available for the pur-
poses of this Act shall be such as may accrue from any of the follow-
ing sources, viz :—
I.—Tolls payable at any Ferries, being the property of the respec- tive 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 Management 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 hereafterbe made payable at or by reason of the use of any lines or modes of communication within the respective Town ; 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 re- commended 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.
7—Assessments which may hereafter become leviable.
| Trustees may borrow XIV. AND be it enacted, that it shall be lawful for the said | money | on |
Great of"Tolt,erL,, a.— — ru&ees, by and with the consent of the Governor in Council, toT t
| for repayment. | assign Tolls as a security borrow and take up at interest on the credit of Tolls, Dues or Char. |
1841. 4 & 5 Vie., No. 18.
Charges arising orto arise from any Street, Bridge,Ferry or other work of the like nature, every such sum of money as they shall think pro- per from time to time respectively, and to assign the Tolls on such Street, 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 Interest at a rate not exceeding Ten per centum per annum.
XV. AND be it enacted, that Assignments of Tolls or Charges Assignment of Tools, &o.,
shall be in the words, or to the effect, following, viz.:—" By virtue how to be made.
of an Act passed in the fourth and fifth years of the reign of Queen Victoria, intituled an An Act to provide for the improvement of Towns in the Colony of Western Australia,' we, the Chairman and Committee of the Town Trust, in consideration of the sum of advanced and paid to the Treasurer of the said Trustees, do hereby grant and assign unto A B, his Ex-
ecutors 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, be interest at the rate of per centum per annum shall be paid and discharged." And copies of such Assignments shall be entered by the Clerk in the Book of Proceedings, and such Assign-
ments shall be transferable by Indorsation to any other person what- Transferable by adorn-
soever, which Indorsation shall be in the words, or to the effect, tic'''.
following, viz.:—" I, A B, do hereby transfer all my right to the
| within written Assignment of | to |
| and his Executors and Assigns." And all persons to whom any such Holders of such Assign- | moents to be Creditors on |
| Assignment or Indorsation shall be made, as aforesaid, shall, in pro- | T Its in equal degree, or |
portion to the sum of money thereby secured, be creditors on the as arranged.
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.
XVI. AND be it enacted, that if at any General or Special 'Lrustees with sanction of
Meeting as aforesaid it shall be determined by a majority of not less habitants, may asseas
than two-thirds of the Trustees present that a certain sum be levied from the owners or occupants of any land within the respective Town, for any specific object connected with the improvement of the Town, the Chairman shall report the same to the Governor, and upon obtaining the Governor's sanction thereto, it shall be lawful to carry the same into effect in manner and form following,—that is to say, that the Chairman and a majority of the Committee having ascer-
| 4 & 5 Tie., No. 18. | 1841. |
tamed and determined the number of owners or occupants so charge- able, and the amount to be levied from each, shall issue orders to their Collector to collect such rates as aforesaid, and such Collector shall be furnished with a written warrant or order empowering him in that behalf, subscribed by the Chairman and three of the Com- mittee, and every Collector shall, if so required, exhibit such warrant upon demanding the sum assessed, and such Collector, on receiving the said sum, shall give a receipt for the same, if so required, and such receipt shall be to the party holding the same a full acquittance and discharge for the sum expressed therein to have been received.
| meats. | Mode of collecting Assess- XVII. AND be it enacted, that every such Collector shall pro- |
ceed with due diligence to collect and levy the monies assessed upon the several premises respectively, and shall serve upon the Occupier, or if unoccupied, upon the Owner of each several premises, or if such Owner or Occupier cannot be found, shall affix upon such premises, a notice, bearing date the day and year of serving the same, subscribed with the name and abode of the Collector, requiring payment of the sum assessed within fourteen days from the date of such notice ; and if such money be not paid to the Collector within fourteen days after the expiration of the term specified in such notice, then the Collector may at any time afterwards procure a warrant subscribed by the Chairman of the Trust aforesaid, which warrant the said Chairman is hereby authorised and required to grant, upon a certificate, signed by the Collector, of such demand having been made, and such notice having been served, and such money remaining unpaid; and it shall be lawful for the Collector, by virtue of such warrant, to enter upon the premises chargeable, and to seize and distrain the goods and chat- tels of any person whomsoever, which he can find thereon; and if no sufficient distress can be found thereon, then to seize and distrain the goods and chattels of the party chargeable for and in respect of such premises, wheresoever the same can be found ; and for that purpose to enter into any dwelling-house, or other house, shop, warehouse, or other tenement within the limits of such Town, belonging to such party ; and if the sum be not paid within five days from such seizure, together with the costs of distress, it shall be lawful for the Collector to sell the goods so seized by public auction for such sum and costs, and the costs of such sale of distress and sale, which costs are to be set forth and specified in the warrant authorizing such distress; and the overplus, if any, shall be paid to the party distrained upon or his representatives.
Occupiers chargeable with XVIII. AND be it enacted, that the immediate tenant or occu-
rAtt5. pier of any premises charged with any assesment under this Act shall
be deemed chargeable with every assessment made in respect of the
1841. 4 & 5 Vic. No. 18.
same ; provided, that if any premises be occupied by any tenure shorter than a yearly holding, it shall be lawful for such person (any special covenant or agreement to the contrary notwithstand- ing) to deduct from out of the rent payable by such person for and in respect of such 'holding any sum paid for such assessment, such person &producin the receipt for such sum, subscribed, as before directed, by the Collectorreceiving the same.
AND be it enacted, that if no sufficient distress can be premisesshall erat at
XIX. all
| found on the premises chargeable, and if the sum charged upon any parties paying may re- | tra" form" par |
| premises be not otherwise paid or satisfied, the premises for which terev | serraa | - |
| such sum shall have been charged shall remain at all times charge- able with the same, into the hands of whatsoever person such pre- mises may come ; and so soon as at any time sufficient distress can be met with thereon, it shall be lawful for such Collector to enter upon such premises and to distrain any goods or chattels therein or thereon, and to levy all arrears of assessments with all costs, at any time previous accrued in respect of such premises, together with interest at the rate of ten per cent. Provided always, that it shall be lawful for any person on whose goods and chattels such arrears and costs may be levied, to recover of and from the person or per- sons, or his or their representatives, primarily chargeable with the same, and during whose holding of such premises the same may have accrued, the full amount thereof, together with full costs and damages for the injury sustained by such levy as aforesaid. |
| AND be it enacted, that any person who shall wilfully injure, damage or destroy any Street, Pathway, Ferry, Bridge, | Pe | |||
|
XX.
Trust
erty of
or
Ferry-Boat, Jetty, Quay, Well, Spring, Gate, Fence, Post, Rail or Paling, or anv Article or Material, Matter or Thing, employed for the purposes of this Act, or the property of the Trustees under this Act,—or shall upon any way used, or appointed to be used as a Foot- way 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 directly across the same, as aforesai&—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 whatso- ever, which shall cause or create any impediment, obstruction, nuisance, damage or annoyance in or to the free passage of any such fines 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 appointed by such Trustees. Provided, that if the property damaged be that of a. private Individual, the
| 4 & 5 Vie. No. 18. | 1841. |
amount of such damage shall be paid to such Individual, notwith
standing such Individual shall have been examined as a witness.
| Trustees to sue and be XXI. AND be it enacted, that the Trustees nucle i' this Act may sued in name of Publicsue and be sued in the name of their Chairman, Treasurer, or Clerk, | Officer. |
| Offi |
for the time being ; and that no Proceeding 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.
Trustees not personally X XII. Provided always, and be it enacted, that the said Trustees liable, &c. shall not be held to have rendered themselves personally liable for the
repayment of any money borrowed, or interest thereof, by reason of having signed any Securities in pursuance of this Act, but such Securi- ties 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 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.
Appointments and Pro- XXIII. Provided always, and be it enacted, that all appointments
ceedings under former of Officers,and all other proceedings whatsoever which may have been,
| Act to be valid. | done by any Town Trust of the Colony under or by virtue of the Act of the first year of Her present Majesty number second, now repeal- ed, or under or by virtue of the Act of the second year of Her said Majesty number fifth, or by virtue of any Act passed during the pre-. sent Session, 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. |
Jurisdiction by one Jus- XXIV. AND be it enacted, that where any person shall be char-
tiee.
ged, on the oath of a credible witness, before anyJustice of the Peace with any offence against the provisions of this Act, the Justice may summon the person charged to appear at a time and place to be na-
med 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 Ins. 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.
1841. 4 & 5 Vic. No. 18.
| XXV. | AND be it enacted, that itt every case of a summary Recotery | d penaltier. |
conviction under this Act, where the sum shall he forfeited for the
amount of the injury done, or which shall be imposed as a penalty
by the Justice, shall not be paid, either immediately after the con- viction, 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 determi- nable upon payment of the amount and costs.
XXVI. AND be it enacted, that all Actions and Prosecutions to Limitation of proceeding
before whom the trial shall be shall certify his approbation of the action, and of the verdict obtained thereupon.
be commenced against any person for any thing done in pursuance against Officers,&c.
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 action brought, or if a sufficient sum of money shall
have been paid into the 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 Attorney and Client, and have the like remedy for
the same as any Defendant hath by Law in other cases; and though
a verdict shall be given for the Plaintiff in any such action, such
XXVII. AND be it enacted, that all Prosecutions for Offences Limitation of Prosecu-
against the provisions of this Act shall be commenced within three tic'
calendar months after the commission of the offence, and not other-
wise.
XXVIII. AND be it enacted, that all Fines and Forfeitures reco- Appropriation of Fines.
vered 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
respective Town Trust, to be appropriated towards the purposes of
this Act, and the other moiety to the party or parties informing.
| 4 & 5 Vie., No. 18. | 1841, |
Act may be amenacd.
| ea, or repealed by any Act to be passed during the present session.' | XYIX. AND be it enacted, that this Act may be al tered, amend |
JOHN HUTT,
GOVERNOR AND. COMMANDER-ill-CHIEF,
Passed the Council
23rd Sept., 1841. 5
EDWARD C. SOUPER,
Acting Clerk of the Council.
Printed by authority of the Government, by E. Stirling, Perth:
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