Title and divisions of Act. An Act to amend and consolidate the Laws relating to Public Works. [12th October 1865.] E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly in this present Parliament assembled and by the authority of the same as follows: 1. This Act shall come into operation on the first day of July in the year of our Lord One thousand eight hundred and sixty-five. It shall be called and may be cited as "The Public Works Statute 1865;" and its sections are arranged in Parts as follow :— PART I.-The Board of Land and Works and its Officers ss. 5-24. PART II.-Roads ss. 25-74. PART III.-Railways (1. Construction of Railways ss. 75-95. 2. Management of Railways ss. 96-135. 3. Offences concerning Railways ss. 136-156. PART IV.-Sewerage ss. 157-188. PART V.-Water Supply ss. 189–250. PART VI.-[Repealed by and re-enacted in Part III. of 37 2. Except as hereinafter provided, the Acts specified in the First 29 VICTORIA, Schedule hereto shall to the extent therein expressed be and the No. 289. same are hereby repealed. Repeal of former Acts as to mat Act. 3. Where before the coming into operation of this Act any First Schedule. offence has been wholly or partly committed against any of the Acts Saving of former so repealed or any forfeiture or penalty thereunder has been incurred, ters before this or any act has been done or declared valid, or any appointment or any rule regulation bye-law or instrument has been made under the authority of any such Act, or where in respect of any matter or thing done before the passing of this Act any right liability privilege or protection has accrued or is accruing, or any action prosecution or other proceeding has been or is hereafter commenced, or where under any of the said Acts the execution of any work or any deviation from any line of railway is authorised, or any transfer or mortgage has been made or debenture issued or indemnity granted or any power to make and issue debentures or to invest money in any mortgage or debenture has been given, every such offence shall be dealt with and punished, and every such forfeiture and penalty shall be enforced and recovered, and every such act appointment rule regulation bye-law or instrument and every such right liability privilege or protection shall continue and be in force and be judicially noticed, and every such action prosecution or other proceeding shall be prosecuted continued or defended, and every such work shall be executed, and every such deviation may be made, and every such appointment transfer mortgage debenture and indemnity shall be as valid and binding to all intents and purposes whatsoever, and every such mortgage and debenture may be repurchased and shall be secured paid transferred or otherwise dealt with, and every such power may be executed, in the same manner at the same times and places and on the same conditions and with the like effect as if such Acts were not repealed.(a) 4. The following words and expressions in this Act shall have Interpretation the meanings hereby assigned to them unless there be something in the subject or context repugnant to such construction (that is to say) : The expression "the board" shall mean the Board of Land The expression "the collector of rates" shall mean the person The expression "the company" shall mean any railway com- The word "master" when used in relation to any vessel shall The word "owner" shall have the following meanings (that (a) This Act is a continuing, not a cura- not been repealed. It cures no defect whatever. -Heaslip v. Johnston, A.R., 11 April 1868. 29 VICTORIA, No. 289. Corporation of Board of Land and Works. it shall mean any person who under the provisions of the said third Part or of any special Act therein referred to would be enabled to sell and convey lands; and when used in relation to goods it shall include any consignor consignee shipper or agent for sale or custody of such goods as well as the owner thereof. In the fourth Part it shall include any person who shall be in receipt of the rents and profits of any house or land. The words "pier" and "jetty" respectively shall mean any railway pier or railway jetty and the works connected therewith. The expression "the pier master" shall mean the person in charge of any pier or jetty and with respect to all acts authorised or required to be done by such pier master shall include the assistants of every such pier master. The word "rates" in the third Part shall mean any rate duty charge or other payment or outgoing in the nature thereof payable under the third Part of this Act or under any other Act relating to railways. The expression "the railway" in the third Part shall apply to any railway by any special Act heretofore or hereafter in force authorised to be constructed, and shall include branch railways and railway works stations buildings and land belonging or appurtenant thereto. The word "road" as used in the sixth Part of this Act shall mean any public or private road highway street lane square or passage. The word "sewer" shall mean and include sewers and drains of every description whereby any liquid refuse or any water shall be carried off. The word "street" shall include any square court or alley highway lane road thoroughfare or public passage or place within the limits of the fourth and fifth Parts of this Act. The word "suburbs" shall include all places within ten miles of the General Post Office in the city of Melbourne or within five miles of the Post Office in the town of Geelong. The word "vessel" shall include ship boat barge lighter and craft of every kind and whether steam or other vessel or partly steam and partly other vessel. The word "irrigation" shall mean any mechanical or artificial contrivance for conveying water to the roots of plants without labor. PART I.-THE BOARD OF LAND AND WORKS AND ITS OFFICERS. 5. There shall be a board consisting of not less than three or more than seven persons, who with the exception of the president and vice-president shall be appointed by the Governor in Council; and such board shall be a body corporate under the name of "The Board of Land and Works," and shall have perpetual succession and No. 289. a common seal and all the rights powers duties authorities and lia- 29 VICTORIA, bilities now vested in or appertaining to or binding on "The Board of Land and Works" existing at the time of the commencement of this Act, except so far as the same are or shall be by this Act or by some Act hereafter in force expressly varied or altered. vice-president of 6. There shall be a president of the Board of Land and Works President and and there may be a vice-president or two vice-presidents thereof. board. Any such vice-president may during the absence of the president act in his place and stead; and shall while so acting have the same power as such president if present would have; and every such president and vice-president shall be a member of the board and a responsible minister of the Crown. 7. Every member of the board before entering upon the duties Declaration of of his office shall make and subscribe before the Executive Council members. a declaration in the form contained in the Second Schedule hereto; Second Schedule. and every such declaration shall be kept among the records of the said Council. 8. Any two members of the board (of whom the president or a Quorum of board. vice-president for the time being shall be one) shall form a quorum, and shall have and may exercise all the powers and authorities which by this Act or by any Act hereafter to be in force are or shall be vested in the Board of Land and Works. 9. The board shall have a common seal which shall be in the Custody and use custody of the members for the time being of the board and shall of common scal. not be affixed to any instrument except in the presence of a quorum of the board as hereinbefore mentioned; and the members in whose presence the seal is so affixed shall attest by their respective signatures the fact and the time of such affixing. be judicially 10. All courts judges and persons acting judicially shall take Seal of board to judicial notice of the common seal of the board affixed to any deed, noticed. and shall presume that such seal was properly affixed thereto. 11. The board shall keep an accurate and ample minute of all Minutes to be its proceedings in such manner and form as the Governor in Council kept. may from time to time direct. 12. The board shall consider and determine all matters and Duties of board. questions relating to the adoption of any plans and specifications for public works, and shall consider and deal with all requisitions for buildings furniture or repairs, and shall decide upon the acceptance of all tenders for such works buildings furniture or repairs and the terms and conditions on which the same shall be accepted, together with the nature and amount of security to be given for the performance of any contract arising out of the same, and all other matters and questions relating to or concerning the public lands works and buildings of the colony. 13. The Governor in Council may disallow any bye-law act Acts of board matter or thing made done or performed by the Board of Land and subject to disWorks except any contract lawfully entered into by it. allowance by Governor in Council. board to have 14. Every person who has been heretofore or may be hereafter President of appointed to the office of President of the Board of Land and Works the rights and No. 289. 29 VICTORIA, shall be deemed to have had or to have all the rights powers and privileges appertaining by law to the office of Commissioner of Crown Lands and Survey. powers of Com missioner of Crown Lands and Survey. Actions and executions against board. Real estate of board not to be sold under execution. Subjects on which board 15. No action against the board shall be maintainable in any inferior court; and no writ of execution shall be issued against such board until the expiration of fourteen days next after final judgment has been completely signed; and no railway and no real estate now or hereafter vested in the board shall be liable to be sold under any writ of execution or other process of any court of law or equity. 16. The board may from time to time make alter and repeal may make bye bye-laws for the conduct of its business and for any of the following laws. 8 & 9 Vict. c. 20 8. 108. purposes First as to ROADS For carrying into execution the provisions of the second Part of this Act. For regulating the manner in which the public shall use the roads bridges and punts under the control of the board. For regulating the description and number of the carts carriages and vehicles and the animals traversing such roads bridges and punts and the velocity with which they shall move over the same and the sides thereof at which they shall go and pass one another. For suspending the use thereof for the purpose of alterations or repairs. And all such bye-laws shall be published in the Government Gazette; and any person violating any such bye-law shall forfeit a sum not exceeding twenty pounds. Second as to RAILWAYS For fixing the amount of fares for the conveyance of passengers and the charges for the carriage of animals and goods upon any railway vested in the board. For fixing the amount of tolls to be paid by any vessel using any pier or jetty vested in the board. For fixing the amount of tolls upon animals and goods received or delivered upon or from any such pier or jetty. For regulating the conduct of the officers and servants employed in the department of railways. For preventing the commission of any nuisance in or upon the carriages or in any of the stations or premises vested in the board. For regulating the use of any pier or jetty vested in the board. For regulating the exercise of the several powers vested in any pier master. For regulating the admission of vessels to any such pier or jetty and their removal from the same and for the good order and government of such vessels whilst at such pier or jetty. For regulating the shipping and unshipping landing warehousing stowing depositing and removing of all goods from or at any pier or premises vested in the board. |