66 'Cycle" means and includes a bicycle, tricycle, or other velo cipede, or motor cycle. "District" means a road district constituted or deemed to be constituted under this Act; "Engine" means any steam lorry, traction, or other engine, or machine on its own wheels, and includes a street roller whether driven by steam or horse power. "Government Road" means a road declared to be a Government road under the provisions of the Public Works Act, 1902; "Improvements" includes houses and buildings of every kind, railways, tramways, fencing, planting, excavations for holding water, wells, dams. draining, dams. draining, ringbarking, clearing from timber, scrub, or noxious weeds, or any other improvements whatsoever the benefit of which is unexhausted at the time of valuation: But for the purposes of valuation does not include machinery whether affixed to the soil or not. "Land" includes all reclaimed land, and all messuages, tenements and hereditaments, houses, buildings, and other structures or property erected on land, or thereunder, but for the purposes of land valuation does not include any machinery, whether affixed to the soil or not. "Local authority" means the council of a municipality or the board of a road district. "Magistrate" means a Resident Magistrate, or Police Magistrate, or any two Justices of the Peace in the absence of a Magistrate. "Member" means a member of a Board, and includes the chairman; "Minister" means the responsible Minister of the Crown for the time being administering this Act; "Month" means calendar month; "Motor Car" means and includes any motor car, automobile, motor carriage, or other carriage or vehicle propelled either partly or wholly by any volatile spirit or electricity, or by any means other than animal power. "Naturalised subject " means a subject of the King naturalised under the law of the United Kingdom, or of a Colony which has become a State of the Commonwealth, or of the Commonwealth or of a State; "Occupier" means the person by whom or on whose behalf any land is actually occupied, and if there is no occupier the person entitled to possession, and includes any person in the unauthorised occupation of any Crown land, and any person who, under a license or concession relating relating to any specific land belonging to the Crown, has the right of taking any profit of the land; "Outlying land" means any land not included in a road district or municipal district. "Owner" as applied to land means (1.) Any person who is in possession or entitled to (b.) The holder of an estate less than freehold (c.) A mortgagee of the land; or (d) The trustee, attorney, or authorised agent of any such holder or mortgagee; or (2.) Any person who (a.) Is in the unauthorised occupation of any Crown Land; or b.) Under a license or concession relating to any specific Crown Land has the right of taking any profit of the land; or (c.) Is in the actual occupation (with or without title) of the surface or any portion of the surface of a mining tenement within the meaning of the Mining Act, 1904. "Person" includes a corporation, sole or aggregate; "Prescribed" means prescribed by this Act or any regulation or by-law made under its authority; 66 Property" includes all real and personal property, and all estates, interests, easements, and rights, whether legal or equitable, in, to, or out of property, real or personal, including things in action; "Public drain" means any drain, sewer, water channel or water table vested in or under the control of the Board, or which the Board has improved, maintained, or exercised control over; but does not include any drain, sewer, water channel or water table under the control of a Drainage Board or a Government Department. "Public highway" includes any inland lake, whether natural or artificial, and any navigable water vested in the Board on which boats are used to ply for hire; "Public notice" means notice by advertisement in the "Government Gazette," but the Board may give notice of any matter or thing by such additional means as to the Board may seem fit; "Public "Public place" means and includes every road within the "Public reserve" includes park lands, squares, reserves, fore- 66 Returning Officer" includes deputy returning officer; "Road" means any land notified in the "Government Gazette" as a road, or as a main or minor road, and includes any road declared or notified as such under any repealed Act; and any public highway, whether carriage way, bridle path, track, cycle track, or footpath; and all bridges, culverts, drains, ferries, jetties, fords, gates, buildings, and other things appertaining thereto; and any part of a road; but does not include Government roads; "Suburban land" means land set apart as such by the Governor under the provisions of the Land Act, 1898, or any Land Regulation in force prior to that Act; "Town or Townsite" means any land constituted, defined, or reserved as the site of a town or village under the Land Act, 1898, or any amendment thereof or under any Land Regulations in force at any time prior to that Act, and also any land which has been a municipal district or portion thereof and also any land subdivided and laid out as the site for a town, township, or village in accordance with a subdivisional plan, registered in the Office of Titles or the Department of Lands; "Vehicle" means any carriage, cart, dray, lorry, van, omnibus, trap, hand-cart, or other conveyance whatsoever, with or without springs. "Writing," or any term of like import, includes words printed, painted, engraved, lithographed, copied, or traced, and where anything is required to be written it may be partly in writing and partly in print. 6. When any day appointed by this Act for any purpose hap- Sundays and pens in any year on a Sunday, or public holiday either throughout holidays. the State or in the district, then such appointment shall take 1902, No. 48, s. 5. effect as for the next following week day which is not a public holiday. 7. Order in Council, Misnomer in Act. 7. No misnomer or inaccurate description contained in this Act, etc.,not to prejudice, or in any Order in Council, by-law, regulation, or notice made, pub1906, No. 32, s. 8. lished, or served thereunder, shall in anywise prevent or abridge the operation of this Act with respect to the subject of such description, provided the same is designated so as to be understood. The Governor may constitute, unite, divide, or abolish districts. See 1902, No. 48, s. 6. See 1909, No. 52, s. 7. Effect of abolition PART II.-ROAD DISTRICTS. 8. (1.) The Governor may, by Order in Council,— (a.) Constitute any portion of Western Australia which (b.) Unite two or more districts into one district; (f.) Include in any district or ward outlying land; (g.) Abolish a district, and dissolve the Board thereof; (h.) Abolish all or any of the wards of a district; (i.) Alter the name of any district or ward. (2.) Before any power conferred by this section is exercised, the Minister shall publish in four successive issues of the "Government Gazette," and cause to be served on the Boards concerned, notice of the intention of the Governor to exercise such power. If within one month, or such extended time as the Governor directs, after such publication no sufficient cause is shown to the satisfaction of the Governor why the power proposed to be exercised should not be exercised, the Governor may exercise the power. (3.) If for two consecutive financial years the revenue derived from the general rates of any Board, not exempted under section two-hundred and twenty-three, is, in each year, less than one hundred and fifty pounds the Governor may abolish the district and include the area thereof in some other district. 9. (1.) When— (a.) a road district is abolished and the Board thereof is dissolved, and the area of such district is included in another district; or (b.) two or more road districts are abolished and the Boards thereof are dissolved, and such districts are constituted one district, the the property and assets and the liabilities of the road district or districts so abolished shall become vested in and be liabilities of the existing or newly constituted district in which any road district so abolished has been included: Provided that if the abolition of a district and its inclusion in another district, or in a new district, are not provided for by the same Order in Council, the Minister may, after such abolition and until such inclusion, in his name as such Minister collect, get in, sue for and recover, and sell, convey, transfer, and assign the assets of the abolished district, and apply the moneys realised by such collection, getting in, and sale (after payment thereout of expenses) in or towards the discharge of the liabilities of the abolished district. (2.) Whenever on the exercise by the Governor of any other Effect of division, power conferred by section eight it may be necessary so to do, the severance, etc. Governor shall apportion the assets and liabilities of the re- See 1902, No. 48, spective districts between them, and adjust and finally determine all rights, liabilities, and questions arising therefrom. If any of the local authorities affected is indebted in respect of moneys advanced to it by way of loan, the Governor may declare and apportion the liabilities of the respective local authorities in respect of such loan, and may declare upon what portion of the district of any of the local authorities any part of such loan shall, as between the several portions of such district, be chargeable to the intent that any loan rate applicable thereto may be levied only on the rateable land within such portion. s. 8. (3.) On the exercise by the Governor of any of the powers Effect as to By-laws. conferred by section eight, all by-laws in force in any district or portion thereof abolished or severed, as the case may be, at the time of the abolition or severance shall remain in force in the portion of the district of the new local authority which comprises such area or portion thereof until they are repealed by the new local authority. (4.) When a portion of a district becomes a new district Effect as to valuaor portion of another district then (a.) The valuation (if any) last in force of the rateable land (b.) All rates (including interest thereon, if any) which the tion and rates. |