No. 289. 62. Before any such road is opened for use, it shall be fenced in 29 VICTORIA, by a substantial fence on both sides thereof at the expense of such proprietor so applying as aforesaid. Road to be fenced by applicant. vided allotment. 63. Nothing herein contained shall authorise the several pos- One common sessors or occupiers of land originally forming one grant from the road for subdiCrown but subsequently divided to claim the right of more than one common road through the lands of any other person. decision road to 64. In case the propriety of making such private road shall within two have been determined in manner aforesaid either by the said court months after or upon appeal, the board shall cause such intended road to be traced be marked. and marked out as nearly as may be practicable in the direction approved by the said court or by the Governor in Council as aforesaid; and such road shall not be more than twenty feet wide in the clear; and the said line of road so traced and marked out shall be thenceforth a private road for the use of the person applying for the same and all others requiring to use the said road. where no road isted must be 65. Where an alteration of a road or a new road is made upon Roads through any lands alienated from the Crown and through which no surveyed private landa road previously existed, such road so altered or made shall before it previously exis thrown open for public use be fenced in on both sides with a substantial fence at the expense of the board if it carry on such work or of the persons requiring and applying for such road (as the case may be). fenced in. of exemption 66. If any person by any fraudulent or collusive means claim or Penalty for take the benefit of any exemption from toll under this Part of this fraudulent claim Act, he shall for every such offence forfeit a sum not exceeding five from toll. pounds. fraudulent eva 67. If any person in any manner evade or attempt to evade or Penalty for aid or assist or abet any person in evading or attempting to evade sion of toll. the payment of any toll authorised by this Part of this Act, or fraudulently or forcibly pass through or by any toll-bar toll-gate or toll-house punt or ferry erected or established under such Part, or do any other act in order or with intent to evade the payment of any such toll or whereby the same may be evaded, every such person shall for every such offence forfeit a sum not exceeding five pounds. on road. 68. If any person make or cause to be made any dwelling-house Penalty for or other building or any hedge or other fence on or at the sides of encroachment any road already duly laid off and used as a public road or hereafter to be laid off under this or any other Act in such manner as to reduce the breadth or confine the limits thereof, or in any way encroach on any such road, or fill up or obstruct any ditch at the side thereof, or make any drain gutter sink or watercourse across or otherwise break up or injure any road or any part thereof, or in any manner obstruct the free use of any road, every person so offending shall forfeit for every such offence a sum not exceeding one hundred pounds. order to remove 69. When an order of justices has been made for the removal Penalty for disof any tree or other obstruction upon land adjoining a road, if such obedience of order be not complied with within eight days after a copy thereof obstruction, has been served on the owner or occupier of the land or his agent or 29 VICTORIA, Servant, such owner or occupier shall on conviction forfeit a sum not exceeding ten pounds. No. 289. Penalty for ob 70. If any person obstruct or attempt to obstruct any engineer structing officer. inspector surveyor or other officer acting in the performance of his duty under this Part of this Act, every person so offending shall on conviction forfeit for every such offence a sum not exceeding fifty pounds. Penalty for punt or ferry within prohibited distances. Penalty on neg driving. 71. If any person hire or employ or ply for hire with the view of evading the provisions of this Part of this Act any boat punt or other vessel for the carrying across any river or creek where any punt or ferry is proclaimed and established or within one mile of any punt or ferry any passengers beasts carts or carriages, he shall for every such offence forfeit a sum not exceeding twenty pounds. 72. If the driver of any carriage not driven by reins ride thereon ligent or improper along any public or private road not having some other person on foot or on horseback to guide the same, or if the driver of any carriage drive furiously along any such road or do not keep his carriage on the left or near side of the road, or if any person in any manner wilfully prevent any other person from passing him or any carriage under his care upon any such road, every person so offending may be apprehended with or without warrant by any person who sees such offence committed, and may be conveyed before some justice to be dealt with according to law, and on conviction shall forfeit any sum not exceeding five pounds. Penalty for misconduct of toll collector. Period of imprisonment where penalty cannot be levied. Board to lay statement of proposed expen 73. If any toll collector do not place and keep the boards hereinbefore directed during the time he is such collector, or in anywise hinder any person from reading the inscriptions on such boards, or refuse to tell his christian and surname to any person who demands the same, or give a false name, or demand more than the legal toll, or upon the legal toll being paid or tendered detain any passenger, or use any abusive language, every such toll collector shall upon conviction for every such offence forfeit a sum not exceeding ten pounds. 74. All proceedings under this Part of this Act shall be taken in a summary way before two justices; and where the amount of any penalty hereinbefore mentioned is ordered to be levied by distress and there is no sufficient distress, the person liable to pay the same may be imprisoned, if the penalty do not exceed ten pounds, for a period not exceeding two months; and if the penalty be above ten pounds and do not exceed twenty pounds, for a period not exceeding four months; and if the penalty be above twenty pounds, for a period not exceeding six months; and such person shall be detained and kept to hard labor accordingly unless such respective penalties and the costs (if any) be sooner paid. PART III.-RAILWAYS. (a) (1.) Construction of Railways. 75. The board shall as soon as it conveniently can after the commencement of every year, if Parliament be in session, and if not (a) The 7th part of this Act, so far as it is applicable to the Board of Land and Works and the purchase and taking of land for the purposes of this part, is repealed by 33 Vict. No. 344 s. 1, "Lands Compensation," ante, p. 1327. as soon after the commencement of the session as may be, lay or 29 VICTORIA, cause to be laid before Parliament a full statement of the expendi- No. 289. ture which it proposes to incur in the construction of railway works diture before during the ensuing twelve months. Parliament. annual reports. 76. The board shall in the month of February of each year Board to make furnish to the Governor in Council full and true reports of its proceedings under this Part of this Act and accounts of all moneys received and expended under the provisions of this Part of this Act during the preceding year; which reports and accounts shall be laid before Parliament in the following month if it be in session, and if not then within thirty days after the commencement of its next session. 77. For the purposes and subject to the provisions and restric- General powers tions of this Part of this Act the board may from time to time exercise any of the following powers: It may enter upon any lands which before the commencement It may make in upon across under or over any such lands or It may alter the course of any rivers not navigable canals It may make drains or conduits into through or under any It may make such piers jetties stations sidings wharfs for making railways. 8 & 9 Vict. c. 20 s. 16. 29 VICTORIA, No. 289. Surplus railway lands may be leased or sold, State railways of Land and Works. It may fell or remove any timber or other trees being within two hundred feet from either side of the railway which by their liability to fall or otherwise might obstruct or injure the railway. It may also fell or cut down and remove any trees or wood whether timber or other trees or scrub or underwood which by reason of the line making a curve or otherwise may obstruct or impede a view of any signal post from any portion of the line which shall be within one mile in a right line from any such signal post. It may enter upon and use any existing private road being a road gravelled or formed with stones or other hard materials and not being an avenue or approach to any dwelling-house. It may do all other things necessary or convenient for making maintaining altering or repairing and using the railway. 78-94. [Repealed by 33 Vict. No. 344 s. 1, "Lands Compensation," ante, p. 1327.] 95. Whenever it shall appear to the Governor in Council that the land which has been acquired for the purposes of any railway vested in the board is in excess of the quantity required for such purposes, it shall be lawful for the board by the direction of the Governor in Council to dispose of such part thereof as may be so in excess or any part thereof either by demise and lease for any term or terms of years and at such rent as the Governor in Council may think fit to any person willing to take the same, or by sale absolutely; and for the purposes of such lease or sale as aforesaid to execute any and every deed instrument and writing which may be deemed necessary or expedient. (2.) Management of Railways. 96. The railway from Melbourne to Geelong and through vested in Board Williamstown to Hobson's Bay, and the railway from Melbourne by way of Castlemaine and Sandhurst to the River Murray, and the railway from Geelong to Ballaarat, respectively, and any railway hereafter made under the authority of any of the Acts by this Act repealed, and the piers jetties stations and buildings connected or used therewith respectively or forming or reputed to be part or parcel thereof respectively, together with the land over or upon which the said railways piers jetties stations and buildings have been constructed or erected, and the inheritance thereof in fee simple, shall be and the same are hereby vested in the board for the purposes of this Part of this Act. Board may lease refreshment rooms. Board may lease railways. 97. The board by the direction of the Governor in Council may demise and lease any refreshment room shed office tobacconists' shops fruit-stalls book-stalls right of advertising or other convenience or appurtenance to any line of railway vested in the board to any person for such term and at such rent as the Governor in Council may think fit. 98. The board by the direction of the Governor in Council may demise and lease any line of railway pier or jetty or portion of any No. 289. railway pier or jetty vested in the board with the lands stations 29 VICTORIA, buildings stock conveniences and appurtenances belonging thereto respectively to any person willing to take the same for any term not exceeding seven years and for such rent as the Governor in Council thinks fit. Provided that before any such lease as in this section mentioned is granted the terms conditions and stipulations thereof shall be laid before the Legislative Council and the Legislative Assembly respectively thirty days at least before tenders for such lease are called for; and tenders for every such lease shall be called Conditions prefor by advertisement in the Government Gazette and one or more of cedent of lease. the Melbourne daily papers eight months at least before the period limited by the advertisements for sending in the same; otherwise every such lease shall be absolutely void. lease. 99. Every such last-mentioned lease shall contain covenants on Covenants of the the part of the lessee that the premises comprised therein shall not be used for other than railway purposes, except for refreshment rooms tobacconists' shops fruit-stalls book-stalls and advertising, and for maintaining the premises comprised therein in good and sufficient repair during the continuance of the lease, and for so leaving the same at the expiration of the term thereby granted, and such other covenants conditions clauses and provisions as the Governor in Council may think expedient; but no assignment transfer or under- Lease not to be lease of the premises so demised or any part thereof shall be made assigned or sublet without the assent of the Governor in Council first had and 8 & 9 Vict. c. 20 obtained; and such assent shall be testified by publication of the Order in Council in the Government Gazette. without license. s. 112. transferred to 100. Every such last-mentioned lease shall, subject to the con- Powers of board ditions therein contained, entitle the lessee to the free use of the lessce. premises comprised therein; and during the continuance of any Ib. s. 113. such lease all the powers and privileges which might otherwise be exercised or enjoyed by the board its officers or servants with regard to the possession enjoyment or management of the premises comprised in the lease and the tolls to be taken thereon and the making of byelaws shall be exercised and enjoyed by the lessee his officers and servants under the same regulations and restrictions and subject to the same obligations and duties as are by this Act imposed upon the board its officers and servants; and all the provisions herein contained with regard to felonies misdemeanors or offences punishable on summary conviction committed with regard to the property of the board or persons travelling or being upon any railway of the board or by the servants of the board shall be applicable to felonies misdemeanors or offences committed with regard to the property of the person to whom any such lease assignment transfer or underlease as aforesaid shall be made or persons travelling or being upon the railways occupied by such person or by the servants of such person, but only so far as relates to the property in such lease assignment transfer or underlease mentioned. From and after the exe- Lessee to be cution of such lease the lessee shall be and be deemed to be a company within the meaning of this and the next subdivision of subject to the this Part of this Act; and all the obligations directions and liabili- remedies of railties provided by this subdivision in respect of railways and railway companies shall be applicable to the railway so leased and binding the lessee thereof; and the board shall have all the same 2 c upon VOL. III. deemed "a company" and to be obligations and way companies. |