Roads Act.-1884.

108. Boundary, main road bridges, or other
public works, how maintained and
repaired.
109. Main road, bridge, or other public works
forming boundary of road district,
and not in a district, how repaired.
110. Power to put up lamps, posts, and mile-
posts.

111. Wilful destruction of road property a mis-
demeanor.

112. Power to use uncultivated lands.
113. Alteration of road to be fenced.
114. Power to go upon land adjoining a road.
115. Materials, where and in what manner to be
taken.

116. If sufficient material cannot be found in
waste lands it may be taken from en-
closed lands or grounds on making
satisfaction to owners.

117. Compensation may be awarded though no objection made.

118. Pits or holes made in getting material shall be filled up or sloped down and fenced off.

119. Persons damaging bridges or works, by
digging materials, to forfeit not ex-
ceeding £50.

120. Penalty for danger at night.
121. Penalty for taking away material collected
for road.

122. Power to remove annoyances to roads.
123. Power to remove all buildings and fences
which obstruct breadth of road, and
penalties for injuries to road.

124. Growing trees injuring road may be re-
moved.

125. Prevention of injuries to road and regulation for safety of passengers.

126. Animals suffered to wander about road to be impounded.-Proviso.

127. Penalty for erecting any steam-engine or
burning lime within fifty yards of
road.

128. Carts not to be driven by children.
129. For prevention of accidents by negligent
conduct.

130. Proprietors of carriages to be summoned
to appear and produce driver.-On
neglect of second summons, Justices
may proceed.

131. Penalties, if not paid by drivers, may be levied on proprietors.

132. Proceedings to recover from drivers.-Proviso.

133. Protection to Commissioner and to mem-
bers of board against process.

134. Judgments against Commissioner and local
boards, how to be satisfied.

PART XVII.

MISCELLANEOUS PROVISIONS.

135. Sundays and public holidays.
136. No suit of quo warranto allowed to try
title to any office.

137. No mandamus to issue from Supreme
Court to compel local board to admit,
restore, or elect any member.
138. Proceedings for trying title of member,
&c., to his office, to be decided by two
or more Justices in a summary way.
139. Jurisdiction of Justices.
140. On non-compliance with order Justices
may inflict punishment.
141. Time within which proceedings may be

taken.

142. Proceedings may be laid before Justices.
143. Proceedings before Justices to be regulated
by Ordinance No. 6 of 1850.
144. Appeal from order made by Justices to
Local Courts.

145. Obstruction to carrying out of this Act.
146. Proceeding not to be void for want of
form, or affected by any mistake
therein.

147. Appropriation of moneys.

148. Leases, &c., may be granted for mining
purposes.

149. Width of Tires Act.

150. Services of notices, &c.

151. Service may be proved by affidavit.
152. As to proceedings against persons acting
under this Act-Notice of action.-
General issue.-Tender of amends.
-If judgment be against plaintiff.

153. Repeal.

SCHEDULES REFERRED TO.

First Schedule.

Second Schedule.

Third Schedule.

Fourth Schedule.

Fifth Schedule.
Sixth Schedule.
Seventh Schedule.
Eighth Schedule.

An Act to consolidate and amend the Laws relating to
Main and District Roads.

[Assented to, September 10th, 1884.]

HEREAS it is desirable to consolidate and amend the laws Preamble. relating to main and district roads-Be it therefore Enacted

by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1. This Act may be for all purposes cited as the "Roads Act, Short Title. 1884."

2. In

Interpretation.

Commencement of

Act.

Division of Act.

Roads Act.-1884.

2. In the construction and for the purposes of this Act, the words and expressions following shall respectively have and include the meanings hereinafter assigned to them, unless there be something in the subject-matter or context to denote a contrary intention, that is to say

"Municipality" shall mean and include any Municipal Corporation incorporated under "The Municipal Corporations Act, 1880,' or any Act or Acts amending or re-enacting the same, and the Council thereof, as defined by the said Act:

"District Council" shall mean any District Council duly constituted under "The District Councils Act, 1876," or any

or Acts amending or re-enacting the same:

Act

"Commissioner" shall mean the Commissioner of Main Roads:

"Proclamation" shall mean any Proclamation by the Governor in the Government Gazette :

"Road" shall include both main and district roads:

Carriage" shall include cart, wagon, tramcar, and every species of vehicle drawn or propelled along roads by any power whatever:

"Board" or "local board" shall mean any local board of main roads constituted under this Act:

"Justice" shall mean a Justice of the Peace for the said province.

3. This Act shall come into operation from and after a day to be fixed by the Governor by Proclamation.

4. The subject-matter of this Act shall be divided into the following parts—

PART 1.-Main and District Roads.
PART II. Declaration of Road Districts.
PART III-Declaration of Main Roads.

functions.

PART VI.-Commissioner of Main Roads, his powers and

PART VII.-Vesting of Roads.

PART VIII.-Qualification and disqualification of Members of
Local Boards. Declaration to be made.
Vacancies, and how to be filled up.

PART IX.-Elections.

PART

X.-Proceedings of Boards.

PART XI.-Officers and By-laws.

PART XII.-Contracts.

PART XIII.

Roads Act.-1884.

PART XIII.-Revenue.

PART XIV.-Auditors.

PART XV.-Accounts.

PART XVI.-Duties, Powers, and Privileges of the Commissioner of Main Roads and Local Boards.

PART XVII.-Miscellaneous.

PART I.

MAIN AND DISTRICT ROADS.

PART I.

5. After the coming into operation of this Act, all public roads Roads to be main within the province shall be divided into main roads and district roads or district roads.

6. All main roads within the province, together with the bridges thereof, and all public works connected therewith, shall be under the care, control, and management of the local board for the road district within which they may be respectively situated: Provided that, with the consent of the local board of main roads, all main roads within the boundaries of any Municipality shall, for all purposes, except the construction and maintenance of such roads, be and be deemed streets within the jurisdiction of such Municipality.

roads.

trol, and management

or Commissioner.

7. District roads shall comprise all public roads which are not District roads to be main roads. All district roads within the limits of any Municipality under the care, conor District Council shall be (subject to the provisions of this Act), of District Councils together with the bridges thereof, and all public works connected and Municipalities, therewith, under the care, control, and management of the Municipality or District Council within whose limits they may be respectively situated. All other district roads, together with the bridges thereof, and all public works connected therewith, shall be under the care, control, and management of the Commissioner of Main Roads.

PART II.

DECLARATION OF ROAD DISTRICTS.

PART II.

districts.

8. The districts set forth and described in the First Schedule Declaration of road to this Act are hereby declared to be road districts of the Province of South Australia.

9. The formation of any Municipality or District Council within Constitution of the limits of any road district, or the alteration of the boundaries of Municipal or District any existing municipality or district, shall not cause the land com- same to cease to be prised within any such Municipality or District Council to cease to form part of the road district within the limits whereof the same may be situated, except so far as is next hereinafter contained.

10. Whenever

part of road districts.