No. XVIII. No. XVIII. [Ord. 12anno AN ORDINANCE TO PROVIDE FOR THE BETTER MANAGEMENT [1866.] AND SUPERINTENDENCE OF THE ROADS, CANALS, AND BRIDGES OF THE COLONY. Preamble. Road District may be estab. lished by Proclamation. trict Boards of spector Gene Enacted 26th May, 1866, published the 29th December following, came into operation on publication. [FRANCIS HINCKS, Governor.] WHEREAS it is expedient to provide for the better manage ment and superintendence of the Public and Company Roads, Canals, and Bridges of the Colony: Be it therefore enacted by His Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, as follows: 1. The Governor may, with the advice and consent of the Court of Policy, by Proclamation to be published in the Official Gazette, divide the several Parishes of the Colony or any of them into Road Districts, and may with the like advice and consent, and in like manner, add to or diminish the number of such Districts and alter the limits of any of them, as from time to time may appear necessary. 2. The Governor may appoint two or more suitable persons to Appointment and tenure of act as a Board of Road Commissioners for each such District, or office, of Dis for such number of Districts as the Governor shall be pleased to Road Commis direct, and they shall hold office for the term of three years from the date of appointment; but every such Commissioner shall be liable to removal at any time by the Governor, and shall also be eligible to reappointment at the expiration or other determination of his term of service: Provided always that the InspectorGeneral of Police shall without any further or other appointment act as, and be ex officio a member of every such Board. ral of Police to be ex officio member of every Board. Powers of Board to be. exercised at meetings. Quorum, 3. All powers of every such District Board of Road Commissioners shail and may be exercised at meetings of such Board at which not fewer than two members shall be present, and the Board may act notwithstanding any vacancy therein; and every such Board by [Ord. 12 anno 1866. No. XVIII. be a corpora by the name and style of the District Board of Road Commissioners Each Board to for the particular District to which they shall be appointed, shall be tion. a body corporate with perpetual succession, and it shall not be necessary for the Board to use a common seal; and the senior Senior member member in the order of appointment shall be the Chairman of the present to be Chairman, and Board, and he shall preside at every meeting, if present, and in his to have casting absence the next senior member present shall preside; and in case of an equality of votes at any meeting of the Board, the Chairman. if present, and in his absence the presiding member shall have a casting vote. vote. 4. Every such Board, under the control of the Governor and Board to Court of Policy and subject to the provisions of this Ordinance and supervise Com missary of of "the Road Ordinance of 1856" shall have the local superin. Taxation. tendence of the Public and Company Roads, Canals, and Bridges, within their district, and shall supervise and direct the Commissary of Taxation acting within the District as Inspector of Roads and Bridges. Boards. 5. Every such Board shall meet at some time to be appointed Meetings of by their Chairman for that purpose once in every month, or oftener Duties. if necessary, and it shall be their duty to receive and consider all applications, complaints, and other representations which may be made or referred to them by any person touching the manner in which the Public or Company Roads, Canals, or Bridges of their District may have been made or repaired, the defective state of the same from want of repair or otherwise, the existence of any nuisance or obstruction thereon, and all other things done or contemplated under the provisions of "the Road Ordinance of 1856," and to give such directions with regard to the same as may be expedient or necessary for the due carrying out the objects of the said Ordinance. Taxation in 6. It shall be the duty of the Commissary of Taxation for the Duties of Com District to attend all such meetings, and to be governed by the direc-missaries of tions of the Board in the discharge of his duties as the Inspector of relation to Roads and Bridges for the District: Provided always that in any case of difference between any such Board and the Commissary of Taxation Boards. [Ord. 12 anno 1866.] Proviso. enforce per work. Appeal Board, and No. XVIII. Taxation for the District, such Commissary shall be entitled to require that the matter in question shall be referred to the Governor and Court of Policy for decision, and their decision shall be final. 7. Every such District Commissary is hereby authorised and Commissary to empowered to require the owner or person in charge of any Plantarequire and to tion within the District at any time to perform such work as he may formance of consider necessary to be done to or in respect of the Public or Company Road of such Plantation, and to enforce the due performfrom Board to ance of such work in the manner provided by "the Road Ordinance Court of Policy of 1856" Provided always that any such owner or person in charge may appeal from any such requirement to the District Board, and from such District Board, in all cases in which the probable cost of the work required to be done shall exceed One Hundred Dollars, to the Governor and Court of Policy, whose decision shall be final. Governor and 8. It shall be lawful for the Governor and Court of Policy from Court of Policy time to time to frame Regulations for the following purposes :* may make Regulations. Firstly-For * Regulations for Defining and Regulating the Powers and Duties of District Boards of Road Commissioners, and of District Commissaries of Taxation in the discharge of their duties as District Inspectors of Roads and Bridges. Passed by the Governor and Court of Policy, the 27th day of April, 1875. Powers and Duties of District Boards. 1. There shall be a regular day of meeting of the District Boards of Road Commissioners, (hereinafter called the Board) on the first Monday in every month, at the hour of noon, in some place within the District which shall be appointed by the Chairman, and shall be published by posting up a notice thereof at every Court House and Police Station in the District, and at the Office of the District Commissary of Taxation not less than three days before the day of meeting. 2. Whenever the place of meeting shall be changed, the like notice shall be given. 3. Whenever a Board shall adjourn, notice of the day to which the Board has adjourned shall be, when practicable, published in like manner. 4. Whenever the Chairman shall deem it necessary to call a special meeting of the Board five days notice thereof shall be given to each member of the Board, and notice of the time and place appointed for the meeting shall be published in the same manner, not less than three days before such meeting. 5. If within one hour after the time appointed by these rules, or by any adjournment of the Board, or by summons of the Chainman to attend any special meeting, there be not two members present, the meeting shall be, and is hereby declared to be, adjourned sine die, and no further meeting shall be convened or held except in accordance with these rules. 6. Minutes of the Acts of the Bcard at each meeting shall be kept by the Chairmen or some person appointed by him, and at the conclusion of each meeting, the Minutes shall be read over and, if necessary, amended, and when confirmed, shall be copied in a Book which shall be kept by the Chairman, and shall be open at all reasonable times to the inspection of Members of the Board. 7. Any owner or person in charge of any plantation within the District, or the Overseer of any Village or other person charged to maintain or repair any Road, who is required by [Ord. 12 anno (1866.] No. XVIII. Firstly-For defining and regulating the powers and duties of the respective District Boards: Secondly-For defining and regulating the powers and duties of the respective District Commissaries of Taxation in the discharge of their duties as District Inspectors of Roads and Bridges : Thirdly-For regulating the respective rights and liabilities of And generally-For the better management of the Public and Gazette. 9. All such Regulations shall be published in the Official Gazette Regulations to be published for general information, and when so published shall be binding in Official upon and shall be observed by all parties whom they may concern; and such Regulations may from time to time be altered or repealed by the Governor and Court of Policy, but every such alteration or repeal must be duly published as aforesaid. 10. Every the District Commissary under the provisions of the Road Ordinance of 1856, or any amendment thereof to repair such Road, and is desirous of appealing from such requirement to the Board shall hand to the Chairman of the Board a written appeal to the Board, stating the name of the Road in respect of which such requirement is made, the nature of the requirement, the probable cost of fulfilling it, and the ground of his objection thereto, and also stating the sum or value of labour expended upon the Road in question during the preceding 12 months. 8. Every person after lodging such appeal with the Chairman of the Board shall give notice thereof to the District Commissary, and no proceedings shall be taken to enforce any requirement appealed against until the decision of the Board shall be given on the appeal, or the appeal shall lapse in manner hereinafter provided. 9. The Chairman of every Board shall at such meeting of the Board bring before the Board every such appeal so sent to him; but no appeal shall be entertained at any meeting of the Board of which notice shall not have been given to the Commissary forty-eight hours before the hour of meeting. 10. Upon every such appeal the District Board shall, if so requested to do, hear the Commissary of Taxation in support of the order or requirement made by him, and may also hear such other evidence as they deem fit, and the Board shall have power to confirm or annul such order or requirement appealed against, or to confirm it with such alterations as they may deem proper. 11. It shall be the duty of every District Board to hear and decide such appeals with all reasonable despatch; and as serious injury may happen to the road by an undue delay in determining such appeals, it is hereby ordered, that every appeal which shall not be decided upon within 40 days after such appeal being presented to the District Board, shall be deemed to have lapsed. 12. When an appeal shall have lapsed the order or requirement of the Commissary may be enforced as if no appeal had been presented. 13. No second appeal to the District Board shall be allowed in respect to the same order or requirement. 14. Any person who shall desire to appeal from the decision of the District Board to the Governor and Court of Policy in cases where the probable cost of the work exceeds $100 3 [Ord. 12anno 1866. Penalties for breaches of regulations. No. XVIII. 10. Every person committing a breach of any of such Regulations shall be liable to a Penalty not exceeding Forty-eight Dollars and not less than Five Dollars, and in case of a continuing offence to a further penalty not exceeding Ten Dollars for each day after notice of the breach from the District Commissary of Taxation; and Official Gazette the production of a printed copy of the Official Gazette containing such Regulations shall be sufficient evidence of such Regulations in all prosecutions and proceedings under the same. evidence.. how carried on. II. All prosecutions and proceedings for breaches of any of such Prosecutions, Regulations shall be instituted before a Stipendiary or Special Justice of the Peace, or before a Superintendent of Rivers, Creeks, Crown Lands and Forests, and shall be conducted in a summary manner according to the form of procedure, and shall be subject to the Review provided by Ordinance No. 19, of the year 1856. 12. No summary conviction for any penalty under this Ordinance shall be quashed for want of form; and no warrant of comments not void mitment shall be held void by reason of any defect therein, provided it Convictions and Commit→ for formal defects. be must give Notice thereof to the Commissary within two days after the decision of the Board was given, and must transmit his appeal to the Government Secretary within 14 days after the date of such decision. 15. The Board may give such directions as they may think proper for more effectually carrying into effect the provisions of the Road Ordinance, 1856, either in the time or mode of making repairs to the Roads, or in any other matter; provided that such directions do not effect or alter in any way the provisions of the Road Ordinance, 1856, as amended and altered by the Ordinance 12 of 1866, All such directions shall be recorded in the Minutes of the Board, 16. No Member of any Board shall vote upon any question in which he has pecuniary interest. Powers and Duties of District Commissaries of Taxation. 17. Every District Commissary of Taxation is required by Ordinance 12 of 1866 to attend all meetings of the Board within his District, and he is further directed by such Ordinance to execute his duties as Inspector of Roads and Bridges under the directions of the Board and in any case of difference between the Board and the Commissary of Taxation, such Commissary shall be entitled to require that the matter in question shall be referred to the Governor and Court of Policy. It is therefore ordered that in any such case the Commissary shall state in writing the matter or question wherein he differs from the Board, and the ground of such his difference, and shall transmit such statement to the Chairman of the Board within one week after the difference shall have arisen, and the Chairman of the Board shall transmit the same to the Government Secretary for the consideration of the Governor and Court of Policy, within 14 days, with such remarks thereon as he or the Board may desire to make. 18. Until the decision of the Governor and Court of Policy is given upon the question so referred to, no action shall be taken in the matter in dispute, except such as may be immediately necessary to keep any Road or Bridge open and safe for traffic. 19. The Commissary of Taxation shall in the month of January in each year, prepare and draw up a Report upon the state of all public and Company Roads, Canals, and Bridges, within his District, and shall lay the same before the Board, and the Board is, within one month after receiving the same, to forward it to the Government Secretary, to be laid before the Governor and Court of Policy. 20. Every such Report shall be made in such form as shall be from time to time prescribed by the Governor. |