PREAMBLE. Appointment of Commissioners of Public Works for OutIslands. Police Magis PART IV. CLASS V. PUBLIC WORKS AND ROADS, OUT-ISLANDS. 28 Vic. c. 32. An Act for regulating the making and repairing of Public Roads and the execution of Public Works on the Out-Islands of the Government. (Assented to 3rd May, 1865.) W HEREAS it is expedient that other provision than now exists should be made, for the making and repairing of public roads and the extension of public works, on the out-islands of the Government; May it, &c.: I. Upon the commencement of this Act it shall be lawful for the Governor to appoint commissioners of public works for the outisland districts and towns of the Government, and from time to time to fill up vacancies in such Boards of Commissioners as the same may occur from death, resignation, or removal from the particular island, district, or town, for which any one Commissioner may be appointed. No such Board to consist at any one time, including the ex-officio member hereinafter designated, of more than five members. II. The Police Magistrate of the district shall be an ex-officio trate Chairman member of every Board within his district, and shall when present of every Board take the chair at the meeting of every such Board. in his district. Superintendence of roads and works vested in a Board. Powers of Commissioners. Lists of persons liable to service to be made out. Commissioners may call out to work on public roads the inhabitants. III. The said Board shall have the charge and superintendence of all public roads and streets, and shall, except in cases where other provision shall be made by law, have the charge of superintending the making and repairing of roads, and the performance of other public works within their respective districts. IV. It shall be lawful for the Commissioners aforesaid, or a majority of them in their respective districts, to make, amend, alter, and keep in repair, the roads and streets within the same, for which purpose it shall be lawful for them to call out and employ all the male inhabitants between the ages of eighteen and fifty years, at such times and places as shall hereinafter be directed. V. In order the better to ascertain the persons liable to the rates and services imposed by this Act, the said Commissioners or a majority of them in their respective districts shall once in every year cause accurate lists of all the inhabitants and other persons liable to the services aforesaid, to be made out and returned to them by any constable, or other person duly authorized by them to make the same, and the constable or other person, as aforesaid, making and returning every such list, shall be entitled to receive ten shillings. VI. It shall be lawful for the said Commissioners, in their respective districts, to require such inhabitants as are hereinbefore described, or such number of them as from time to time may appear necessary, to attend and work upon the several public roads and streets within their said districts, in making, amending, or repairing the same, the said Commissioners giving at least fourteen days' public notice by advertisement, or in some other public 28 Vic. c. 32. manner, of the time and place at which such attendance will be required; Provided always, that the said Commissioners shall not have power to require the labour of or to call out any inhabitant of their respective districts for the service aforesaid, more than three times in one year, nor shall any such inhabitant be obliged to work more than four full days upon each requisition, at the discretion of the Commissioners. VII. If any person liable to the aforesaid service shall, after Penalty for public notice is given, as aforesaid, neglect or refuse to attend and neglecting or work, or send some able-bodied person in his stead, to be approved refusing to of by the said Commissioners, or the overseer or overseers hereinafter work on roads. mentioned, agreeable to such notice, he shall forfeit and pay two shillings for each day he shall so neglect or refuse, to be recovered in a summary way by and before any Justice of the Peace, acting under the provisions of the Act 23 Vic. c. 25; Provided always, that when there shall be paid to the said Commissioners, or a majority of them respectively, at any time, at least three days before the meeting, and attendance is required by the notification aforesaid, two shillings for any person for each day he may have been required and liable to such service, then the aforesaid fines and forfeitures imposed for non-attendance of every such person shall be excused and remitted, anything herein contained to the contrary notwithstanding. VIII. The said Commissioners, or a majority of them, in their Commissioners respective districts, shall and may appoint one or more overseer or may appoint overseers to attend, view, direct and manage the performance and overseers. execution of all works by this Act authorized to be performed, and every such overseer shall be allowed and paid, out of the Public Treasury, wages at the rate of five shillings for each and every day he shall be actually employed. with. IX. In case any person employed on any such work as afore- Negligent and said shall become refractory, or neglect, or refuse to do his duty, refractory persons, how dealt the overseer or overseers shall return the name of such person to the Commissioners, or a majority of them, who may fine the offender, in any sum not exceeding ten shillings, for every offence, to be recovered with costs before any Justice of the Peace, and to be enforced by levy on the offender's goods and chattels, or in default of goods and chattels, or sufficient goods and chattels being found, by imprisonment with or without hard labour, for any term not exceeding five days. X. And whereas it is reasonable that persons having real pro- Non-resident perty in any of the hereinbefore-mentioned islands or districts, and proprietors not residing in such island or district, should nevertheless contri- taxed towards making and bute towards the making, amending, altering, and repairing the repairing public roads and streets in the district or island wherein their pro- roads. perty shall be situated, as aforesaid: Be it enacted, that the nonresident male proprietor, or proprietors, of tracts of land of not less than fifty acres, shall pay, or cause to be paid, to the Commissioners of the island or district in which his or their property is situated, the sum of ten shillings per annum, as his or their quota towards the making and repairing of roads and streets in such island or district; all which payments shall be made on or before the first day of January in every year, and if not so made, the money so payable shall be recoverable, with costs, at the suit of the Com 28 Vic. c. 32. missioners, in the Court of Common Pleas, at Nassau, or before any Justice of the Peace at an out-island, acting under the provision of the Act 23 Vic. c. 25. Obstructions to public roads, how removed. Commissioners may remove nuisances and obstructions. Proprietors may erect gates across a public road. Commissioners may cut down trees and carry away rubbish XI. If any person or persons shall, at any time, by building or otherwise, stop, obstruct, alter, encroach upon, or do any manner of damage to any part of the public roads or streets, in any of the islands or districts aforesaid, heretofore laid out or used, or hereafter to be laid out, every person so offending shall be summoned and required by the Commissioners of the island or district wherein such stoppage, obstruction, alteration, or encroachment shall be made, or a majority of them, forthwith to remove the same, and to clear and amend the public road or street to which such damage may have been done, as aforesaid; and in case any person so offending, as aforesaid, shall, after due notice to him or them, given by the said Commissioners, or a majority of them, neglect or refuse to move such obstruction or encroachment as aforesaid, and to clear and amend the public road or street to which such damage may have been done as aforesaid, it shall be lawful for the said Commissioners, or a majority of them, at their discretion, to fine every such offender in a sum not exceeding ten pounds, for every neglect or refusal as aforesaid. XII. The Commissioners aforesaid, or a majority of them, in their respective districts, shall have full power and authority to remove, or cause to be removed, all and every nuisance, obstruction and encroachment, and cause to be repaired all and every damage heretofore done, or to be done, to the public roads or streets aforesaid, and the expenses thereof shall be defrayed and paid by the person or persons by whose neglect or default such obstruction, encroachment and damage shall have arisen and happened. XIII. It shall and may be lawful for the proprietor or proprietors of any plantation on any of the islands aforesaid, to erect or put up a gate across any public road or highway, and that no such gate shall be held or deemed a nuisance, provided that the same be of the width of eight feet or more, and be duly kept in repair by the proprietor or proprietors to the satisfaction of the Commissioners aforesaid, or a majority of them. XIV. For the making, amending, repairing and keeping in repair the several public roads and streets aforesaid, it shall and may be lawful for the Commissioners aforesaid, or a majority of them, in their respective districts, to cut down and take, or cause to be cut down, taken and carried away, any trees, rubbish, stones, or soil, Other powers near or adjoining to the public roads or streets aforesaid; and if it given Commis. shall be necessary to alter, enlarge, or widen any such road or near any public road. sioners. street, in any of the islands, districts or towns aforesaid, or in making any new road (which the Commissioners aforesaid are hereby empowered to do), by running the same through or upon the land of any person or persons; if any such person or persons will not consent to such alteration and enlargement, the Commissioners aforesaid, or a majority of them in their respective districts, shall, before they proceed in making, altering or enlarging the said roads, cause the damage or injury that will be done thereby to the proprietor of such tract to be estimated by five indifferent persons, on oath, being freeholders, resident in the district, to be nominated for that purpose, and summoned by precept from the said Commissioners, or a majority of them, and on neglect or refusal of any freeholder so summoned to attend, he shall forfeit and pay the sum of six pounds, unless such person or persons so summoned shall 28 Vic. c. 32. assign a reasonable excuse upon oath for such neglect, to the satisfaction of the said Commissioners, and after it shall be ascertained by such freeholders or a majority of them, whether any or what damage will be done to any such tract or lot of land, the said Commissioners are hereby authorized and empowered to proceed in the alteration and enlargement of such road, and for that purpose may take down and remove all such walls, fences and trees, as they may think necessary, and shall, within six months thereafter, deliver a certificate or certificates thereof to the proprietors of such tract or tracts, in order that the damages sustained may be provided for and paid at the public expense; and any person or persons wilfully interrupting or obstructing the said Commissioners, or any person or persons by them employed in the execution of this Act shall forfeit and pay, for every such offence, fifty pounds, to be recovered and applied as hereinafter directed. for. XV. All fines, penalties, forfeitures, and sums of money imposed How penalties and directed by this Act to be paid, and which shall not exceed and forfeitures may be sued the sum of twenty pounds, shall be sued for, recovered and levied, together with reasonable costs and charges thereon, by warrant under the hand and seal of any Justice of the Peace; and if such penalty, forfeiture, or sum of money shall exceed the sum of twenty pounds, the same shall be sued for in any Court of Record having jurisdiction to the amount by and in the names of the said Commissioners, or a majority of them respectively, by action of debt, or other fit action, or by bill, plaint, or information, wherein there shall be no imparlance; and in case of a verdict against the defendant or defendants, judgment shall and may be entered up with full costs of suit. may apply the sums of money recovered under this Act. XVI. The said Commissioners, or a majority of them, in their Commissioners respective districts, shall have full power and authority to apply all and every the sum and sums of money to be by them, or any of them, recovered and received by virtue of this Act, for the purposes of putting into execution the provisions herein mentioned, in such manner as to them shall appear fit and proper; and shall, on or before the twenty-fifth day of December in every year, render a just and true account thereof to the Receiver-General and Treasurer, under the penalty of two hundred pounds for every such neglect or refusal of any Commissioner, into whose hands any money may have come. XVII. If any of the said Commissioners, or any other person Commissioners or persons, shall be sued, for anything by him or them done in may plead pursuance of this Act, or of any matter or thing therein contained, general issue. he or they may plead the general issue, and give this Act and the special matter in evidence under such plea; and in case judgment shall be given for the defendant or defendants, or the plaintiff or plaintiffs become non-suited, or discontinue his or their action, the said defendant or defendants shall be entitled to his full costs of suit. XVIII. This Act shall commence and take effect on the first Commenceday of August, 1865, until which day all Acts which were in ment of Act. force at the commencement of the present session for regulating the making and repairing of roads in the out-island districts shall continue to be in force. XIX. At the commencement of this Act the following Acts shall be repealed, that is to say: 28 Vic. c. 32. Acts repealed. 5 Geo. 4, ch. 6, Proviso. Money granted August next. Definition of 4 Wm. 4, ch. 5, 3 Vic. ch. 23, 7 Vic. ch. 7, and 9 Vic. ch. 3. XX. Provided, that such repeal shall not invalidate anything done under the said Acts, or any or either of them, but every Act duly done before this Act comes into operation shall continue and be of the same force and effect as if the said Acts were still in force, and that every right, liability, privilege and protection in respect of any matter or thing committed or done before this Act comes into operation, shall continue and be of the same force and effect as if the Act or Acts referred to were still in force. XXI. All sums of money granted for the performance of public works at the Out-islands, which shall, on the first day of August of the present year, remain unexpended, shall be paid over to the Commissioners of Public Works, appointed under this Act, who shall thenceforth be the proper parties to superintend the execution of such works. XXII. The words "roads" and "streets," as used in this Act, certain words. shall comprise and be held to refer to all public ways, under whatever designation they shall be known, or used. Duration of XXIII. This Act shall continue in force for five years, from the said first day of August, of the present year, and from thence to the end of the then next session of Assembly. PART IV. CLASS VI. QUIT RENTS. No Enactments relating to Quit Rents have been passed since the compilation of the Laws in 1862. |