PAROCHIAL ROADS

THE PAROCHIAL ROADS ACT

ARRANGEMENT OF SECJTIONS

1. short title.
2. Interpretation.

Jwisdiction of Parish Councils

3. Power to make rules for Parish Councils.
4. Extcnt of jurisdiction of Parish Council.

Apgointment and Duties of Superintendent of Parochial Rwds
and Works

5. Superintendent of Parochial Roads and W o r k d s appointment.
6. His status and duties.
7. Power to pay small aocounts on certificates of Assistant Superin-

8. Power to pay instalments on account of ContraCLs on similar

9. Duty of Superintendent of Parochial Roads and Works not affected

tendents or persons appomted by the Council.

certificates.

by this Act.
10. Power to make by-laws

Appointments of Waywardens d Asshtant Superinlendents

11. Appointment, removal and qualihtion of Waywardem.
12. As to pay of Waywarden.
13. Appointment and salay of Assigtant Supcrhtuulmts.

Duties and Powers of Parish Cowrils

14. Powers of Parish Councils.
15. Boundaries of parochial bridle mad.
16. Maintenance of parochial roads and bridgts.
17. Powers of Parish councils to contract as to repairs of roads.
18. Mile marks and guide posts.

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2 PAROCHIAL ROADS

19. As to lowering the classification of parochial roads of general

20. As to complaiuts of neglect of any such road
21. As to laying out, altering, or discontinuing a road.
22. Preliminary notices. how, and on whom to be served.
23. As to authorizing a surveyor to enter lands, and make surveys for

24. As to appointing a committee to hear and report on application.
25. Owner, etc., to deliver statement of title, and any claim to com-

26. Contracts as to compensation and title.
27. How title and compensation to be ascertained when no contract

28. Allowance where old road and alteration pass through land of

29. When road or alteration may be commenoed.
30. Deposit in Treasury, how kept.
31. As to objections from adjacent parishes to MY new road, or

32. Copy of proceedings to be recorded in Rewrd Oflice.
33. Expenses. how borne, and depsited.
34. Fees of Resident Magistrate’s Court and of Deputy Keeper of

35. Powers of the Parish Councils as to altering roads or laying out

36. Private roads, as to p r d m g s for, and expenses of same.
37. Use and maintenance of private road.
38. Discontinuance of parochial roads
39. As to highways now in use, how alterd or discontinued.
40. hivate roads not to be taken over by the Councils until completed.
41. Notice required before fencing or building along the boundary of

mad.
42. Consent of Superintendent to emtion of fence or building to be

reported to the Council.
43. Width of roads.
44. Width of &ts and lanes in tom.

thoroughfare into other parishes.

roads.

pensation.

made.

same owner.

alteration or discontinuance of a road.

Records.

new roads.

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PAROCHIAL ROADS

45. Power to widen existing road.
46. When road may be laid out or altered.
47. Power to grant permission to construct or lay down work across,

48. Power to temporarily divert the traffic of a parochial road.
49. Power to throw upon adjoining land any earth. fallen upon any

50. How compensation to be ascertained.

above, or under parochial roads.

road. from landslip or otherwise.

3

Encroachments
51. Encroachments defined.
52. Notice to remove encroachments.
53. Power for removal of encroachments by direction of Parish

Couocil.

Obstructions in Roads and Streams
54. As to case of tree falling upon a highway.
55. As to trespasser cutting a tree so as to fall on highway, etc.
56. As to cutting tree so as to obstruct highway or watercourse
57. Who to trim trees and fences near highway.
58. Penalty for wanton injury to bridge or bighway.

Repairs
59. Powers of Parish Councils in relation to roads
60. Penalty for unlawfully removing materials for repairs.
61. offences in laying down or repairing pipes in thoroughfare.

offernes
62. offences
63. Acts and things prohibited to be done at or near the boundaries of

parochial roads.

Power to Destroy or Impound Stock
64. [Repealed by Act 27 of 1979, section 14.1
65. Destruction of swine or goats on parochial roads.

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4 PAROCHIAL ROADS

Lights on Carriages in Use on Roads
66. Lamps and lights on road during specified period.

67. No stamp duty.
65. Penalties how recovered.
69. Powers of summary arrest.
70. Commencement of prosecutions.
71. Use of the forms.
72. Saving Clause.

SCHBDULB

me inclushu cf t i i s page is autho~zed by L.N. 57/1980]

P A ROCHlA L ROADS 5
cap 217.
h m

’.

THE PAROCHIAL ROADS ACT

44 of 1953,
35 of 1956 s. 16.
Acb

42 Of 1969
3rd sch.

27 of 1 9 9

13 of 1985
[ I l th February, 1932.1 s. 14.

s. 18
1. This Act may be cited as the Parochial Roads Act. Short title.

2 . 4 1 ) In this Act- Interprets.
“Parish Council” or “Council” means the Parish Council of tion’

each parish and shall include, with reference to the
parishes of Kingston and St. Andrew, the Kingston and
St. Andrew Corporation constituted under the Kingston
and St. Andrew Corporation Act;

“carriage” includes carts, waggons, drays, wheel carriages of
every description, bicycles, tricycles and other similar
machines;

“Waywarden” means any person to whom the Council may
delegate any authority in regard to the maintenaiice of
any parochial road.

(2) “Superintendent of Parochial Roads and Works”
in this or any other Act shall include the officer appointed
by the Kingston and St. Andrew Corporation to discharge
or charged with the performan= of the duties of such officer.

Jurisdiction of Parish Councils
3. It shall be lawful for the Minister from time to time to POWEI~O

make rules for the guidance of the Parish Councils. Such fmp&h
rules may give directions concerning the keeping of the Councilk
records of the Councils, and the keeping and auditing of
accounts, and may also provide generally for the guidance
of the Councils, and for the regulation of their proceedings.
Such rules shall be published in the Gazette, and shall come
into operation on the date of such publication, or on such
other date as may be therein specified. Until such rules

m k iadusion af %his page i s authorid by LN. ln119sq

make rules

6 PAROCHlAL ROADS

come into operation the Minister may direct whatever might
be directed by such rules.

Extcnt of 4. Each Parish Council shall have the exclusive care,
jurisdiction management, control and superintendence of all highways,
Council. and of all public roads, thoroughfares, streets, lanes,

aqueducts, and bridges, in the parish for which it is
appointed, except such roads as are otherwise governed
and regulated under laws of this Island, specially relating
thereto, and except the roads under the superintendence
of the Chief Technical Director.

of Parish

A ppointnient and Duties of Superintendent of Parochial
Roads and Works

Superintend- 5 . 4 1 ) The Parish Council of every parish shall from
time to time appoint a fit and proper person (who shall

Roads Work -his and have obtained from the Chief Technical Director a certificate
ent of

appoint-
ment.

Schedule
Form4.

35/1956
S. 16.

His stntw
and duties,

that he possesses sufficient technical knowledge evidenced
by past services or by diplomas, or a certificate of competency
in the Form 4 in the Schedule) to be the Superintendent of
the highways, roads, thoroughfares, streets, lanes, aqueducts,
bridges, works and buildings, under the care, management,
control and superintendence, of the Parish council; and any
person so appointed shall be termed “Superintendent of
Parochial Roads and Works”.

(2) Such Superintendent shall be paid such salary
as may be determined by the Council with the sanction of
the Minister, out of the General Fund of the parish.

6.41) The Superintendent of Parochial Roads and Works
appointed as aforesaid shall be the Chief Executive OfEcer
and Adviser of the Parish Council in relation to Ppochial
Roads and Works.

(2) He shall report to the Council upon the works,
repairs or alterations, required to be done on any of the
roads, buildings or works of the parish and, when required
.

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,

PAROCHIAL ROADS

4

by the Council, furnish plans, specifications and estimates,
of the cost of such works, repairs or alterations; he shall,
subject to the directions of the Parish Council, carry out, or
superintend and control the carrying out of such works,
repairs or alterations, as may be sanctioned by the Cauncil;
he shall examine and report upon all work done for the
Council before the same shall be paid for save as in sections 7
and 8 provided, so that after the appointment of a Superin-
tendent of Parochial Roads and Works in any parish all
accounts in relation to the roads and works shall be certified
by the Superintendent of Parochial Roads and Works before
payment, save as in sections 7 and 8 provided, and generally
he shall do all other work in relation to the Parochial Roads
and Works as may be denoted by his title or office.

(3) The Superintendent shall enter into bond for the
faithful discharge of his duties, and for the true and accurate
accounting for all parochial funds expended by or through
him, in such sum and form as the Council shall determine.

7. It shall be lawful for the Parish Council of any parish, Power to
in its discretion, to pay any account for work performed in ky:uzlfbn
or upon the Parochial Roads or Parochial Works of such
parish not exceeding the sum of twenty dollars, on the Superintend-
certificate of an Assistant Superintendent of Parochial Roads person,

appointed by the Council to inspect and report on such work, council.
to the effect that he has personally inspected and examined
such work, and that it has been properly and satisfactorily
performed.

ents or

and Works appointed under this Act, or of any other prson appointd by Iht

8. It shall be lawful for the Parish Council of any parish, Power
pay ~ n -
stalmnnts in its discretion, to pay any instalment on account of any

contract for work performed or to be performed in and
about the Parochial Roads or Parochial Works of such onsimilar
parish, on the certificate of any such Assistant Superinten-
dent or other person appointed as aforesaid, to the effect that
he has personally inspected and examined such work so far

ccrIiIimtccJ.

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a PAROCHIAL ROADS

Duty of
Superintend.
ent of
Parochial
Roads and
Works not
affected by
this Act.

Power to
make
by-lam.

Appoint-
ment,
removal
and quali-
fication of
Way-
wardens.

As to pay
of Way.
warden.

as completed, and that the same has been properly and
satisfactorily done, and stating what in his opinion, is the
value of the work so done :

Provided nevertheless that a reserve of at least ten per
cent of the value of the work reported to be done shall be
kept back, to be paid only upon the final report of the
Superintendent of Parochial Roads and Works.

9. Nothing herein shall exempt the Superintendent of
Parochial Roads and Works of any parish from the duty
of inspecting, examining and reporting upon, all work upon
or in connection with the Parochial Roads or Parochial
Works of such parish as soon as practicable.

10. The Parish Councils shall have power to frame rules
and by-laws for the governance and regulation of the office
of Superintendent of Parochial Roads and Works.

Appointment of Waywardens and Assistant
Superintendents

11.41) The Parish Council of each parish may from
time to time appoint and remove as many Waywardens
as they shall deem necessary in each district, and every Way-
warden so appointed may take upon himself and perform
the several duties hereby imposed upon him :

Provided, that every such Waywarden shall be resident
near, and interested in the condition of the particular road
or roads for which he shall be appointed.

(2) All Waywardens appointed in any parish shall
be subordinate to the Superintendent of Parochial Roads
and Works and act as his assistants and subject to his
directions and instructions.

12 No Councillor of a Parish Council and no Waywarden
shall be entitled to any remuneration or fee of any kind or
nature whatsoever for his services under this Act. __

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PAROCHIAL ROADS 9

13. The Parish Council of each parish may from time Appomt-
to time appoint as many Assistant Superintendents as they salaryof
may deem necessary, to superintend the execution of the &::%&d.
works ordered by the said Council or by the Waywardens, to dents
be executed. Every such Superintendent shall hold office
during the pleasure of the Council, and shall, whilst holding
office, be entitled to draw salary at such rates as the Council
may determine with the approval of the Minister.

ment and

Duties and Powers of Parish Councils
14 It shall be lawful for the Parish Councils of the ~~~~~~f

several parishes to cause surveys for new roads to be made, (39uncds.
and to give directions for the repairing of the roads, streets,
bridges, highways, and watercourses, and for the immediate
removal of all nuisances therefrom and for the prosecution
of such offences against the provisions of this Act as in their
opinion ought to be prosecuted.

15. Unless in any case the contrary appear, the boundary Boundaner
of any parochial bridle road shall be the fence or bank or $ $ ~ ~ ~ ~ 1
precipice running along it on either side when such fence,
bank or precipice, is within six feet of the centre of the road-
way, measurh in a direction at right angles to the road;
and where there is no such fence, bank or precipice, then
the boundary shall be a line at all points six feet from the
centre of the roadway, measuring as aforesaid.

16. The Parish Council of each parish may, at any meeting Maintenmm
held after the first day of October in each year and before the ::zd%'
first meeting in January, allot a s u m not exceeding four-fifths bridges.
of the whole amount applicable within the year for parochial
road purposes within such parish, among the several districts

and bridges within such districts respectively. The residue of
the moneys aforesaid not so allotted shall be retained for
subsequent allotment from time to time by the Parish
Council or special grants for repairs from time to time under

Parish

of the parish, for repairs and maintenance of parochial roads I

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10 PAROCHIAL ROADS

the authority of the Parish Council as unforeseen require-
ments become known.

17. It shall be lawful for the Parish Councils to enter
into contracts, with any one or more person or persons,
for repairing and keeping in repair, for one or more years,
any roads or bridges, or portions of roads or bridges :

Provided, that the moneys to be payable in any year under
any such contracts shall not exceed the sum allotted or
apportioned to the roads or bridges, or portion of road or
bridge, the subject of any such contract; and that such repairs
shall be subject to the inspection and approval of the
Councillor or Councillors of the Parish Council for such
district or division :

Provided also that it shall not be lawful for the Parish
Councils to lay out or expend, or to direct the expenditure
of, any larger sum in the whole upon the roads and bridges
of their respective parishes in any one year, than shall have
been sanctioned and appropriated for that purpose.

18. The Parish Councils shall cause mile marks of stone,
wood or iron to be erected on such roads as they may think
proper, at the distance of one mile from each other, with such
legible inscription as they shall judge necessary; and also shall
cause guide posts to be erected at the intersections of such
roads as they shall think proper, and guide posts in water-
courses, to show the height of water therein, and shall keep in
repair all mile marks and guide posts.

19. In the case of a parochial road of general thorough-
fare to different parts of the Island, no alteration shall be
made by the Parish Council of any parish through which
such roads shall pass, in the classification of any such mad,
by converting it into a lower class, with consequent dimiu-
tion of the allotment of road money thereon, without their
giving three months' previous notice of any such intended
alteration, with the reasons for the same, to the Parish

P I e inclusion of this page is authorizsd by L.N. 4801 19731

powers of
Parish
Councils to
contract as
to repairs
of roads.

Mile marks
and guide
posts.

As to
lowering
the classi-
fication of
parochial
roads of
gencral
thorough-
fare into
Other
parishes.

PAROCHIAL ROADS 11

Council of the adjacent parish or parishes through which
such road shall pass; and if the Parish Council of any parish
through which such road shall pass shall object to such
alteration, they shall communicate such objections, with their
reasons, to the Parish Councils of the several parishes
interested in the road in question; and in case the Parish
Councils of all the said parishes shall not agree, the reference
and objections, with their respective reasons, shall be sub-
mitted to the Minister for his direction, and his decision in
the matter shall be find

20. It shall be competent for any Parish Council to appeal hsto
to the Minister, when it shall appear to them that the
interests of the public are affected by the neglect of any Zfoad,
road of general thoroughfare by the Parish Council of any
adjacent parish through which such road may pass, and it
shall be lawful for the Minister to determine whether such
road shall or shall not be forthwith repaired out of the funds
at the disposal of the Parish Council of the parish where such
neglect shall have occurred.

21. Any six freeholders in any parish m y apply to the A.(O
Parish Cound of the parish to alter or discontinue any a~tenng,
road or to lay out a new road; such application to be in
writing, addressed to the Parish Council and signed by the aroad.
persons applying, and the Council shall take such application
into their consideration.

mination on any such application, they shall cause notice, how,&
in writing, to be given to the occupants and owners of the
land through which such proposed alterations or new road S C N ~ .
are or is intended to pass, and also to the occupants and
owners of the land through which any such road shall then
run, of the time and place at which they will meet to decide
upon such application; such notice to be served at the expense
of the applicants, by delivering the same personally to every

mmplainia

layins out.

22. Before the Parish Council shall come to any deter- Preliminary
n o t w

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12 PAROCHIAL ROADS

As to
authorizing
a surveyor
to enter
lands, and
make
a w e p for
road*

AI, to
appointing
a mmmittee
to hear and
report on
application.

such owner or occupant, or, in case of absence, by leaving
the same at his dwelling-house, at least seven days before
the day appointed for such meeting.
23. The Parish Council shall, if they think fit to entertain

the application, either before or after giving the notice
required by section 22, grant a warrant to authorize a com-
missioned surveyor, employed by the applicants, to enter on
all lands and properties, to take the levels and make the
necessary traverses and surveys to enable him to make the
plans and sections of the said new roads, or alterations of
any roads in the parish; and, after three days’ notice in
writing has been given to the occupiers of such lands and
properties, such surveyor and his assistants may enter thereon
for the purposes aforesaid, and any person or persons
wilfully obstructing such survey shall on summary conviction
be liable to a fine of ten dollars.

24. Whenever the Parish Council shall have issued or shall
propose to issue, a notice under section 22, it shall be lawful
for them to appoint a committee of their Council, consisting
of three councillors of the Council at the least, which com-
mittee shall at such meeting, or an adjournment thereof, hear
any reasons that may be offered for or against any such
application as shall be the subject of such notice, and if they
shall detemine to entertain the same, either wholly or in
part, they shall report the same to the general Council for
confirmation; and, if confirmed, the said members shall make
out and subscribe a certificate of such their determination,
which certificate shall contain, or be accompanied by, a plan
of the road intended to be altered, and of the intended
alterations thereto, or of the road intended to be dis-
continued, or of the new road intended to be laid out, such
plan to be furnished by the applicants. The Council shall
forthwith give notice thereof to the owners or occupiers
of all lands concerned. Such certificate and plan shall
remain with the Secretary of the Council; and it shall be

(The inclusion of th is page is authorized by L.N. 480/1W3]

-.

r

PAROCHIAL ROADS

the duty of such Secretary to exhibit the said certificate
and plan to any person who may require to examine them.

13

25. Every owner or occupier of lands through which omer,*c,
the line of road or alteration shall pass, shall, prior to the atsfement
expiration of twenty-one days from the date of the said '&$'ziE$
certificate, deliver to the said Parish Council a statement of g f
his title to the land, and of the compensation which he claims
for the damages to be by him sustained.

10 deliver

26. It shall be lawful for the said Parish Council and cmpsctrar
lo mom- the owners and occupiers of any land through which such wratio,,

road or alteration shall pass, to agree upon the amount andtitle.
to which such owners or occupiers shall be entitled for
damages, and for a grant of the land required, and for a
release of all claims to damages.

27. If no agreement as last mentioned shall be made, ~ a w t i t h
or claim delivered as aforesaid, it shall be lawful for the prmsa*n
Parish Council, at any time after the expiration of lifteen zwd
days from the time when such claim ought to have been 2%:
delivered, to refer the assessment of damages and the tiffe made.
of the parties to the adjudication of the Resident Magistrate
of the parish wherein the land to be taken is situated, who
shall have power to .hear witnesses, and to determine all
questions which $hall be so submitted to him, and to give
judgment thereon, which judgment shall be final; and all
damages which shall have been fixed by agreement, or
awarded as aforesaid, shall be paid by the said Council, out
of the funds at their disposal, before laying out or commenc-
ing the road, and no person shall be entitled to damages
under this Act until such road shall have been laid out and
commenced.

and wm-

- me inclusion of this page is authorized by LN. 480/1973]

14 PAROCHIAL ROADS

Allowance
where old
road and
alteration
Pass
through
land of
same
owner.

When road
or alteration
mYb
aommenced.

Deposit in
Trmury,
how kept.

As to
objections
from
sdjaccnt
parishes to
my new
road, or
alteration or
discon-
tinuance of
a mad.

28. When any person shall be the owner of any land over
which any new road, or any alteration of an existing road,
shall be made, and also owner of the soil of any portion of
the road proposed to be altered, or to be discontinued in
whole or in part, the Resident Magistrate of the parish, in the
assessment of damages shall take into consideration the value
of the road so abandoned, or of such part as will be
abandoned, and the benefit to result to the owner therefrom,
and shall deduct the same from the damages which otherwise
would have been assessed, and it shall be lawful for the owner
of the land so abandoned, to enclose the same.

29. On payment or tender of the amount of damages
which shall have been agreed upon or assessed as afore
said, or in the absence of the owner, or his representative,
or if he shall not be known, on payment of such damages
to the Accountant-General, it shall be lawful for the said
Parish Council, in the case of unenclosed and uncultivated
land at once, and in the case of enclosed or cultivated land
after the expiration of ten days from the date of such agree-
ment, payment, or tender, to enter upon the said land and
cause the said road or portion of road to be commend
and proceeded with.

30. All moneys paid to the Accountant-General shall be
kept by him without interest, until claimed by the party
entitled thereto.

31. If the Parish Council of any adjacent parish shall,
at any time before the matter shall be brought before the
Resident Magistrate of the parish, give to the Parish council
of the parish in which proceedings shall be pending for the
laying out of any new road, or the alteration or discontinu-
ance of an existing road, notice in writing that the proposed
alteration or discontinuance or new road will prejudicially
affect the roads of such adjacent parish, it shall not be lawful

lThe inclusion of this page is authorized by L.N. 480f19731

PAROCHIAL ROADS

for the Parish Council of the parish in which the proceedings
shall have been commenced to proceed further therewith,
until the Council of the adjacent parish shall have withdrawn
their opposition, or until on reference to the Minister he
shall have decided whether the proposed alteration, or dis-
continuance, or new road shall be made.

15

32. A copy of the proceedings and judgment in the c ~ ~ ~ ~ f ,
Resident Magistrate’s Court, certified under the seal of the gemgs
court, and the certificate and plan, and every agreement,
grant, and release which shall be entered into with the said offim
Parish Council shall respectively be recorded by the Council
in the Record Office, and all expenses connected therewith
shall be borne by the applicants.

rsoorded in
ROmrd

33. The expenses of all proceedings under this Act shall e x p c ~ ~ a .
be borne by the party or parties at whose instance application how md borne,
shall have been made for the laying out, altering or discon-
tinuing of any road: And the Parish Councils may require
the applicants from time to time to deposit with them such
sums of money as may be necessary to complete the proceed-
ings under this Act.

34. There shall be paid for court fees on proceedings F W O ~
in the Resident Magistrate’s Court under this Act the sum ~ ~ ~ i a ~ * ’ ~
of two dollars; and to the Deputy Keeper of the Records colvtmd

for every sheet of one hundred and sixty words : And fifteen
cents for each division of the plan or diagram.

Resident

for recording the proceedings, after the rate of fifteen cents ’ zg

35. It shall be lawful for the Parish Council of any parish, ~owersof
the Parish without receiving any application from freeholders, to come
M altering
roads or to a resolution that it is expedient to consider the advisability

of altering or discontinuing any road or any part of any road, &$s;,
or laying out a new road, and thereupon such Council shall w i g s 3
proceed as if application had been made to it under the ’’’

Uncilraa

me inclusion of thia page is aurborized by LN. 480/1973]

16 PAROCHIAL ROADS

provisions of section 21, and it had thought fit to entertain
such application :

Provided always that in any case it shall be lawful for
the Council, if it shall see fit, out of the moneys at its disposal
applicable to the repair and maintenance of the roads, to
pay the charges of the Commissioned Surveyor authorized
by it to enter on lands and properties under section 23.

36. Whenever application shall be made to a Parish
Council for any private road, and they shall be of opinion
that such application is reasonable and well founded, the
same mode of proceeding shall be adopted in every respect
as in the case of a highway, but the damages awarded, and
the expenses of such road, and the maintenance thereof,
shall be paid by the party applying for the road.

37. Every such private road, when so laid out, shall be
for the use of the applicant, his heirs and assigns, but not to
be converted to any other use or purpose than that of a
road; and such applicant shall be compelled to keep up and
maintain fit and proper fences on each side of such road.

38. Forthwith upon the determination by a Parish Comcil
in accordance with the provisions of this Act to discontinue
any road, that road shall cease to be a public road and all
rights of way over the same shall cease at the end of one
year after the sa id determination, and thereafter-

(a) if the land over which such road lies is vested in
the Parish Council for an estate in fee simple, the
Parish Council may, with the approval of the
Minister, convey or transfer the same on such
terms as the Parish CDUncil may think fit; or

(b) if such land is not so vested in the Parish Council
the owner of the adjoining land on either side may
enclose up to the centre of the road the part thereof
which his land adjoins, so, however, that a person

r h e inclusion of this page is authorized by LN. 480/19731

Private
roads. as
to pro-
cecdings
for, and
wrpenscs of
fame.

Use and
mainten-
ance of
private
road.

Disaontin-
uance of
parochial
roads.
44/1953 s 3.

PAROCHIAL ROADS

who owns the adjoining land on both sides may
enclose entirely so much of the road as those lands
adjoin.

The provisions of this section shall apply to any part of
a road as they apply to a road.

17

39. All highways now in use, laid out under and allowed ASU,
by any enactment of this Island, of which a record shall have highwars
been made in the Record Office, shall be deemed highways, ",ozd
and shall only be altered or discontinued by proceedings m n h d .
taken in conformity with the provisions of this Act.

40. In cases in which lands are laid out by the owner Private
roads not or owners thereof with roads, streets or lanes, intersecting la be rakm

the same, such roads, streets or lanes, shall not be taken
over or repairable by the Parish Council until the owner
or owners of such lands shall have thoroughly constructed
the same to the satisfaction of the Parish council and the
owners of any such lands shall also pay all the msts of and
incident to the transfer of such roads, streets and lanes, to
the Parish Council.

41.41) Every person intending to erect any fence or ~~~i~
building along or near the boundary, or within thirty feet
from the centre line, of a parochial road shall mark out ;sr
on the ground, by means of pegs or in other sficient dmgthc
manner, the line on which such fence or building is to be road,
made, and having done so shall give ten days' notice to
the Superintendent of Parochial Roads and Works of his
having done so, and of his intention to make such fence
or building as aforesaid along the said l i e , before commenc-
ing to make such fence or building as aforesaid.

(2) For the purposes of t h i s section the word "fence"
shall include hedge or wall.

(3) Kingston is exempt from the operation of this
section.

wmpleted.

boundary of

me inclusion of this page is nuthorked by L.N. 480/1973]

18 PAROCHiAL ROADS

Consent of
Superintend-
ent to
erection of
fence or
building to
be reported
to the
Council.

Width of
roads.

Widthof
streets and
lanes in
towm.

power to
widen
existing
mad.

when road
may be
laid out or
altered.

42. Every consent of the Superintendent of Parochial
Roads and Works to the erection of any fence or building
along or near the boundary, or within thirty feet from the
centre line, of a Parochial Road shall be in writing, and
shall be reported by him to the Parish Council within three
days after such consent shall have been given.

43.-(11 The width of all public carriage roads already
made, or which hereafter may be laid out by the Parish
Council, shall, if practicable, be twenty-four feet when made
through open ground, sixty feet through standing wood,
and forty feet when the wood i s only on one side, and no
private road shall be more than forty feet wide.

(2) Notwithstanding anything to the contrary in
this section contained, it shall be lawful for the Parish
Council of any parish to lay out any public carriage road
of a less width than that laid down in this section.

44. All streets to be hereafter laid out by the Parish
Council in any town, shall be not less than forty feet wide,
and all lanes not less than twenty feet wide.

45. The Parish Council of any parish shall have power,
if they think fit, to open all carriage roads to the width here
inbefore mentioned, which shall have been used as high-
ways for twenty years.

46. It shall be lawful to alter any road, or to Iay out a
new road, and to pay the damages in respect thereof, when-
ever the said Parish Council shall have funds at their dispo-
sal.

me inclusion of tbis page is authorized by LN. 480/19731

PAROCHIAL ROADS 19

47.41) The Parish Council of any parish may, with the Powerto

to any person permission to construct or lay down, maintain E ; p , ” ~ ~ $ o f
and use any works across, under, or above any parochial work
road in that parish in accordance with such specifications for above, or
such purposes and subject to such conditions as may be h. nl roads.

(2) A Parish Council may, with the approval of the
Minister, revoke any permission granted under this section
if the works in respect of which it was granted are not con-
structed, laid down, or maintained in accordance with the
specifications prescribed as aforesaid or are used otherwise
than for any purposes so prescribed or in contravention of
any condition so prescribed.

(3) Upon the revocation of any permission granted
under this section, the owner of the works in respect of
which it was granted shall, within such time as the Council,
with the approval of the Miaister, may specify, remove such
works from across or above or under the parochial road
and shall restore such road as nearly as may be practicable
to the condition in which it was immediately before the
construction or laying down of such works.

“the Minister” means the Minister responsible for local
government;

“works” includes any roadway, railway, tramway, wireline,
conveyor belt, cableway, chute, aerial ropeway, via-
duct, aqueduct, flume, siphon, and any other works
similar to any of the foregoing.

grant per- approval of the Minister, by instrument in writing, grant mission to

BCTOS.

under p a w

44/1953
s. 4. prescribed in the instrument.

(4) For the purposes of this section-

48.-(1) The Superintendent of Parochial Roads and powerto
Works may divert the tr&c from any parochial road, ~ ~ ~ ~ ’ y
whilst the same is under repair or impassable, on to ;sii;
uncultivated land without notice to the owner or occupier road.
thereof, and on to cultivated land after giving to the owner

me incllrrion of ibis page is authorized by L.N. 480/1973]

PAROCHIAL ROADS

P O W 0
throw upon
adjoining
land any
earth, fallen
upon any
road, from
landslip or
O t h u w i S t .

or occupier thereof at least twenty-four hours’ notice in
writing of his intention so to do.

(2) In exercising the powers conferred by this section
the Superintendent of Parochial Roads and Works shall
do as little damage as possible to the lands over which such
powers are exercised, and shall, as soon as the parochial
road aforesaid is repaired so that traffic on it can be resumed,
restore and make good all damage done by reason of such
diversion.

(3) The Parish Council shall make compensation
to the owners and occupiers, and all other parties interested
therein, for all damages sustained from or in consequence
of such diversion over any cultivated land, so, however, that
notice in writing of any claim for compensation be given
to the Parish Council within six months after the doing of
the thing in respect of which compensation is claimed.

(4) Such compensation shall be settled by agreement
or in the manner prescribed by the Lands Clauses Act.

49.41) When from a landslip or other -use a quantity
of earth, stones or other matter, has fallen upon any road
and it is deemed expedient to clear away the same, it shall
be lawful for the Parish Council of the parish or any person
acting under their orders, on giving twenty-four hours’
notice to the person in occupation of any land adjoining
the said road, to clear away the same by throwing it on to
such land (the same not being the ground whereon any house
stands, or the garden, yard, planted walk or avenue to any
house), and for the purpose aforesaid, and for the purpose
of repairing any damage thereby done to the said land, to
enter thereon and if necessary to break down any fence :

Provided always that if the land on which the material
is thrown as aforesaid is cultivated or is otherwise reclaimed
from its natural state, the parties aforesaid shall clear away

p%e inclusion of this page is aulhorized by L.N. 480/ln31

PAROCHIAL ROADS

the said material from the said land, and otherwise repair
as far as practicable any damage they may have done.

(2) Compensation shall be given to the occupier of
any land cultivated, or otherwise reclaimed from its natural
state, in respect of the temporary use of the said land as
aforesaid, and to the owner and occupier according to their
respective interest in respect of any permanent damage done
to the said land and not fully repaired.

21

50. In case the amount of compensation to be paid is mwOcm.
msailou to not agreed upon the same shall be assessed, in manner

provided by section 27. bind. -I-

Encroachments
51. The following shall be deemed to be encroachments hab.

(a) any fence, building, or construction, erected on
or over any part of the road;

(b) any tree, or any branch, bough, or other part of
a tree, fallen upon or over any part of a mad;

{c) any tree, branch, bough, or other part of a tree
or any shrub, projecting upon or overhanging the
road, or planted, or placed upon the road without
authorization from the Parish Council;

(d) any debris or refuse, or the obstruction of any
part of the road, remaining or resulting from any-
thing done, by, or on behalf of, the owner or
occupier of any land, fence, building, or mnstruc-
tion, adjoining the road;

(e) any tTee, or any branch, bough, or other part of
any tree, fallen from any land or fence adjoining
a river, or stream, or watercourse, which shall
cause, or tend to cause, the water to flow over,
or otherwise to injure the road,

mens on a parochial road- dcfmcd.

m e incIusion of this page is tuthorirad by L.N. 4?.0/19?3]

22 PAROCHIAL ROADS

C f , any pit, cutting, or excavation, in, upon, or under
any land adjoining the road, which may be, or
may become dangerous to persons or animals
using the road, and which is not sufficiently fenced
or otherwise made safe;

(g) any stone, earth, timber, or other substance, thrown
into or placed in any river, stream, or watercourse,
which shall cause, or tend to cause the water to
flow over or otherwise to injure the road;

(h) any stone, earth, timber, or other substance, thrown
into, or placed in any drain or watercourse, which
shall impede the drainage of water from the road;

(i) any artificial canal, conduit, or pipe, from which
any water escapes on to any road, owing to the
defective construction or maintenance of the same
in any part of its course. In any such case the
encroachment shall be deemed to proceed from
the land on which the canal, conduit, or pipe, is
defectively constructed or maintained;

(13 any earth, stone, timber, metal, or any article of
any description whether similar to the foregoing
or not, left upon or deposited upon the road with-
out the authority of the Parish Council;

(k) any gate erected or maintained on the road with-
out the permission of the Parish Council, or after
such permission shall have been revoked by such
Council, or without a watchman being kept con-
stantly near to the gate, whensoever the same shall
be shut, for the purpose of opening it when required
by any person using the road;

(0 any penguin fence erected after the tenth day of
April, 1896, abutting on the road and not having
the penguins planted on the top of a wall or earthen
bank not less than two feet in height, or a fence
of wood, or iron wire, 6 x 4 between the penguins
and the road;

CThc incIusim of this page in authorized by L.N. 480119731

PAROCHIAL ROADS

(m) any penguins spreading themselves from any
penguin fence, so as to extend over any part of
a road;

(n) any pipe, drain, or conduit, discharging water
on to the roadway of any Parochial Road from
any house or premises adjoining such road.

23

52.41) Whenever there shall exist any encroachment ~ 0 t i c ~ t 0
remove en- on a parochial road, the owner or occupier of the land, fence, croach.

or construction, from which such encroachment proceeds, meurn.
or the owner of the thing constituting the encroachment,
or the person by whom the thing constituting the encroach-
ment was left upon or deposited upon the road, shall, after
receiving a notice signed by or on behaIf of the Superinten-
dent of Parochial Roads and Works, requiring him so to do,
forthwith remove or abate the same at his own cost

(2) The notice shall specify the nature of the
encroachment, and state a reasonable time within which
it must be removed.

(3) At the expiration of the time specified in such
notice, or without any such delay, if the encroachment
endangers, or impedes, or threatens or is likely to endanger
or impede the tr&c on the road, or the drainage of the road,
the Superintendent of Parochial Roads and Works may
remove the encroachment or cause it to be removed in such
manner as he may think fit.

53. Where the Parish council directs the removal of any poRlfm
n m v a l of encroachment- cncsoach-
mmpl by

(a) if the encroachment cannot be convwiently direction of
removed without entering on the land from which E&
it comes, the Superintendent of Parochial Roads
and Works may, with any necessary assistants,
enter for the purpose without giving any further
notice;

Fhc inclusion of this page is authorized by LN. 480/1973]

24 PAROCHIAL ROADS

(b) neither the Parish Council, nor the Superinten-
dent of Parochial Roads and Works, nor any person
acting under the authority either of the Parish
Council or of such Superintendent in the removal,
shall be liable for damage occasioned thereby,
unless the same is caused by their or his neglect
or default;

(c) the cost of the removal shall be paid by the owner
or occupier of the land from which the encroach-
ment proceeds, or of the thing constituting the
encroachment, or by the person by whom the thing
constituting the encroachment was placed upon or
deposited upon the road, and shall be recoverable,
together with the costs cf recovery, in the same
way as penalties are recoverable under section 100
of the Lands Clauses Act;

(6) anything constituting the encroachment shall be
forfeited, and the Parish Council may sell or other-
wise dispose of it, unless the owner previously
redeems it by payment of the full costs of removal;

(e) whenever such thing constituting the encroachment
is disposed of by the Parish Council, the net pro-
ceeds, after deducting all costs of removal and
disposal, shall be credited to the person liable for
costs of removal and shall be allowed in the settle-
ment of such costs, and any excess of net proceeds
over costs shall be paid to the owner or occupier
of the land, fence or construction from which such
encroachment p r d s or to the owner of the
thing placed upon or deposited upon the road, as
the case may be.

Obstructions in Roads and Streams
AS to 54. If any tree shall fall into any highway, so as to cause
faUiwup,, obstruction thereon, such tree shall be removed by the owner of vee
a highway. me indusion of this page ia authorized by L.N. 480/19731

PAROCHIAL ROADS

or occupier of the land from which such tree shall have fallen,
within twenty-four hours after notice to remove the same;
and, if such owner or occupier shall neglect to remove such
fallen tree, then any Superintendent, Waywarden, or
Councillor of the Parish Council of the district, or division
shall cause the same to be removed at the expense of such
owner or occupier, and such owner or occupier shall be
liable to a penalty of fifty cents for every day after the
expiration of such notice during which the same shall have
remained unremoved, which expenses may be recovered as
penalties are herein directed to be recovered; and if any
person shall wilfully place any tree or other obstruction on
any highway, he shall be liable to a penalty not exceeding
ten dollars for every offence.

25

55. In case any person shall, unless by the order or & t o

land not occupied by him, so that it shall fall into any high-
way, river, or stream, he shall be liable to a penalty not h h w .
exceeding ten dollars, nor less than two dollars, €or each etE.
offence.

consent of the owner or occupant, cut down any tree on cumnga wspar tr
tlocsoaa
to fall on

56. Whoever shall cut, or cause to be cut down, any tree, &to
cutting trcs
a o m b so that the same shall fall into any river, stream, or water-

course, or obstruct any road, or fording, or divert the river b+$yor
course so as to encroach upon or injure, or tend to injure water-

out of such river, stream, watercourse, or road within
twenty-four hours after notice thereof, shall forfeit a sum
not exceeding ten dollars for each offence,

any highway, or any bridge, and shall not remove the same so^.

57. The owner or occupier, or his agent, attorney, or m0t0
trim trtas

overseer, respectively, of the land next adjoining to every md fmca
road or bridge shall cut, prune, or lop the fences, and also
cut, prune, or lop the branches of trees, bushes, or shrubs

me inclusion of this page is authorized by L.N. 480/1973]

26 PAROCHIAL ROADS

growing in or near such fences of the land adjoining as afore-
said (such fences, trees, or shrubs not being in any garden,
or orchard, walk, or avenue to any house, such trees, bushes,
or shrubs, not being an ornament or shelter to a house,
unless the same shall hang over the road or bridge, or any
part thereof, so as to impede or annoy any carriage or person
travelling thereon), in such manner that the road or bridge
shall not be prejudiced by the shade thereof, and that the
sun and wind may not be excluded from such road or bridge
to the damage thereof; and if within fourteen days after
notice given in writing for that purpose by any Councillor of
a Parish Council, Waywarden, or other person thereunto
authorized for the time being for any parish respectively,
any such owner or occupier, his agent, attorney, or overseer,
shall not cut, prune, or lop, or cause to be cut, pruned or
lopped such fences, or cut down or lop, or cause to be cut
down or lopped, such trees, branches of trees, bushes, and
shrubs in manner aforesaid, the Waywarden, or other person
appointed, or to be appointed as aforesaid, in case of default
by any owner or occupier, his agent, attorney, or overseer
as aforesaid, is hereby required to cause to be cut, pruned,
or lopped such fences, trees, branches of trees, bushes, and
shrubs in manner aforesaid; and such owner or occupier,
his agent, attorney, or overseer shall be charged with, and
shall pay the charges and expenses of doing the same; and in
default of payment thereof, the said charges and expenses
may be recovered, together with the costs, if any, incurred
on the proceeding, as any penalty under this Act :

Provided, that nothing herein contained shall apply to
roads passing through unfenced runs of woodland.

Penaltyfor

injuryto
bridge h ghway. Or

58. Whoever shall wantonly injure any public bridge or
highway shall, for every such offence, forfeit a sum not
exceeding one hundred and men@ dollars.

wanton

W e inclusion of this page is authorid by LN. 480/1973]

PAROCHIAL ROADS 27

Repairs
5 9 . 4 1 ) For the purposes of laying out, maintaining, Powersof

widening or repairing any parochial road, or any private ~~~~l~
road kept open for the use of the public and repaired at tztp
private expense, the Parish Council, by themselves or by
their Superintendents of Parochial Roads and Works, or
by any person acting under their orders, may enter any
private land and-

(a) when the Parish Council is advised that-

Parish

(i) a parochial road is from any cause unfit for
traflic, make, on lands adjoining a parochial
road, a temporary road, and if necessary a
bridge, to be used by the public while the
parochial road is being maintained, widened
or repainxl; or

(ii) it i s necessary for the preservation or safety
of a parochial road or for the purposes of
flood control, alter, change, or regulate, the
course of any river, stream, or watercourse,
not being navigable and whether artificial or
not;

(b) cut drains in or through any lands adjoining a
parochial road for the purpose of preventing water
from collecting or flowing on, or near, any paro-
chial road, or of carrying off any water collected
on, or near, any parochial road, and may enter such
land for the purpose of cleaning or maintaining
such drains;

(c) dig, collect, and carry away, any gravel, stone,
sand, or other similar road making materials, from
any land within the parish without payment of
royalty :

Provided that this power shall not be exercised
in relation to any habitable or cultivated land,
and that any excavation so caused shall be filled
in, fenced, or walled around, by the Parish Council;

me iodusion of this page ir authorized by L.N. 480/1973]

I

28 PA ROCHlA L ROADS

(d) deposit on any such adjoining land any spoil,
refuse, or material, from any landslide or parochial
road;

(e) use and occupy any such adjoining land, not being
habitable or cultivated land, for such purposes.

(2) Save in cases of urgent necessity, the powers
conferred under paragraphs (a), (b), (c) and (e) of subsection
(1) shall not be exercised unless seven days’ notice in writing
of intention to exercise such powers has been given to the
occupier of such land.

(3) Where any power conferred by this section is
exercised in relation to any land, then any owner or occupier
of such land injuriously affected by reason thereof may,
within six months of the exercise of such power, claim com-
pensation by notice in writing addressed to the Parish
Council setting out the particulars of such claim. No com-
pensation shall be payable where notice claiming compensa-
tion is not received by the Parish Council within six months
of the act in respect of which cornpensation is claimed.

(4) Any compensation claimed or payable under
this section shall be settled, in default of agreement, under
the Lands Clauses Act.

(5) Every person who molests, hinders, or obstructs,
any other person in the exercise of any power or right con-
ferred by this section, shall, on summary conviction before
a Resident Magistrate, be liable to a fine not exceeding
twenty dollars.

“parochial road” includes any road, thoroughfare, street,
lane, aqueduct, or bridge, under the care, management,
control or superintendence of the Parish Council;

“habitable land” means land on which there is any house,
or any yard, garden, or provision ground, attached to

(6) For the purposes of this section-

any house, whether enclosed or not;
me inclusion of this page is authorized by L.N. 480/1973]

-.
J

PAROCHIAL ROADS

“cultivated land” means land on which there is any garden,
orchard, provision ground or cultivated trees or plants,
whether enclosed or not :

Provided that the presence of a few cultivated trees or
plants on any land shall not per se be sufficient to constitute
such land cultivated land.

29

60. I€ any person shall, without the consent of the Parish ~enaityfor
Council, take away any materials which shall have been
purchased, or gathered for the repair or use of any road, gTg&,
street, or bridge, or take away materials out of any quarry
or pit which shall have been made, dug, or opened €or the
purpose of getting materials for any road, street, or bridge,
every such person so offending shall, for every offence, forfeit
and pay a s u m not exceeding twenty dollars:

Provided, that nothing herein shall prevent the person in
possession of the land on which such quarry or pit is situated
from digging and removing materials thereout €or his own
use.

unlawfully

61. If any corporation, society, or company for supplying offencMin
hyingdown any city, town, or other place with water, shall dig, or cause OfTOp~m

to be dug in any road, street, lane, or thoroughfare, any #:W~J-J-
trenches or holes for laying down or repairing any water fm.
pipe, or plug, or other thing connected therewith, and shall
keep the same, or cause or permit the same to be kept open
for a longer period than shall be reasonably requisite or
necessary, or shall cover over or fill up the same, or cause
or permit the same to be covered over or filled up, in an
imperfect manner, or shall occasion or suffer, or permit to
be occasioned, any damage or injury to any road, street, lane,
or thoroughfare, by reason of the imperfect state or want
of repairs of any such pipe, or plug, or other thing connected
therewith, every such corporation, society, or company shall,
for every such offence, forfeit a sum not exceeding forty
dollars over and above the expenses to be incurred in the

m e inclusion of this page is authorized by L.N. 480/1973]

30 PAROCHIAL ROADS

repairs of such road, street, lane, or thoroughfare, to be
recovered as hereinafter mentioned.

Offences
Offences. 62. Any of the following persons shall be guilty of an

offence against this Act, and shall be liable, on summary
conviction, to a penalty not exceeding the amount herein
specified in respect of such offence-

(a) any owner or occupier of land from which any
encroachment proceeds, or the owner of anything
constituting any encroachment, who after due
notice shall not within the time specified in the
notice have removed such encroachment-ten
dollars;

(b) any person who hinders or obstructs the Parish
Council, or any person duly authorized by them,
while acting under the provisions of this
Act-twenty dollars;

(c) any person who cuts down any tree so that the
same falls into a parochial road or obstructs a
parochial road, or diverts a river, stream, or water-
course, so as to make it encroach upon or injure a
parochial road, and does not forthwith set about to
remove the sameten dollars;

(4 any person who, without permission from a Parish
Council, takes any materials from any road, or
from any quarry, or excavation, or place of deposit,
made and used in connection with the under-
taking-ten dollars :

Provided that nothing herein shall prevent the
person in possession of the land on which such
quarry or excavation is situated, or any person
authorized by him, from digging materials there-
from and canying away the materials so dug;

[The inclusion of this page is authorized by L.N. 480/1973]

PAROCHIAL ROADS

(e) any driver of a carriage who rides upon that or
any other carriage, or upon the shafts thereof,
or upon any beast drawing the same, on any
parochial road, without having some other person
on foot to guide such carriage or unless the same
is or are effectually guided and controlled by the
driver thereof by means of reins-four dollars:

(f i any driver of a carriage who leaves the same stand-
ing upon any parochial road without some proper
person to hold the beast or beasts attached to the
same, or who is negligently or wilfully at such a
distance from the carriage, or in such a situation,
that he has not proper control over the beast or
beasts attached to the same-four dollars;

Cg) any driver of a carriage who, by negligenm or mis-
behaviour, causes hurt or damage to any person’s
horse, cattle, carriage or goods, on any parochial
road-four dollars;

(k) any driver of a carriage, or of any horses, mules
or other beasts of draught or burden, on any paro-
chial road who, when meeting or being overtaken
by any other camage or beast of burden or draught,
does not keep his carriage or horses, mules or beasts
of draught or burden, on the left or near side of
the road, except when in the act of passing another
carriage, horse, mule, or beast of draught or burden
going in the same direction-four dollars;

(rl any person who wilfully or negligently prevents,
hinders or intercepts, the free passage of any other
person, or any carriage or beast, on any parochial
road, or who draws up any carriage in such manner
as to obstruct the free passage along the road-four
dollars;

IThe inclusion of *is page is authorized by L.N. 172/1986]

32 PAROCHIAL ROADS

( j ) any person who rides or drives furiously on any
parochial road or in a manner dangerous to other
persons using the road-ten dollars;

(k) any person who wilfully or through negligence
causes damage to any parochial road, or any wall,
bridge, culvert, fence, mile post, guide post, drain
or other structure, pertaining thereto-four dollars;

( I ) any person who, having blocked or scotched the
wheel of a carriage, allows the stone or other thing
used for the purpose to remain on the roadway
after the carriage has moved away-four dollars;

(m) any person who draws any logs, stones or heavy
articles, upon any parochial road, otherwise than
upon a wheeled carriage-four dollars;

(n) any person who uses any instrument for retarding
the progress of any carriage, whereby the road
is unnecessarily injured-four dollars;

(0) any person who leaves any carriage upon any paro-
chial road, except in case of an accident, or in that
case for a longer time than is necessary to remove
the same-four dollars;

(p) any driver of a carriage any part of which, or of
the lading or any shaft or outrigger of which shall
extend laterally more than six inches beyond the
axle-four dollars;

(4) [Deleted by Act 13 of 1985, S. 18.1
(r) aGy person who removes or destroys any barrier

placed on a parochial road by the Parish Council,
or any person authorized by them, for the purpose
of diverting the traffic-four dollars;

(s) any person leading or driving any horse, gelding,
mare, filly, mule, or donkey, loaded or unloaded,
and not attached to a wheeled vehicle, along any

mhe k d d n of this pagc is authorid by L.N. 172/19Sa]

.

PAROCHIAL ROADS 33

mountain bridle road, and neglecting to have such
animal under proper control by means of ropes or
reins-four dollars;

(1) any person who allows any horned stock, horse,
mule, ass, sheep, goat or pig, to be at large on any
road, except whilst being lawfully driven along such
road-four dollars :

Provided that this provision shall not apply to
the owner or Occupier of any unfenced land any
of whose animals as afomaid are allowed to be
at large on the portion of the road that traverses
such land;

(U) any person riding, driving or being upon any
carriage, bicycle, tricycle or other similar machine
on a road who contravenes or fails to comply with
any of the provisions of section 66-four dollars;

(v) the owner of any homed stock, horse, mule, ass,
sheep, goat, or pig tethered on any road, or so
tethered as to be able to stray on any road-four
dollars;

(w) any person who tethers, or allows to be tethered,
on any road, or so as to be able to stray on any
road, any horned stock, horse, mule, ass, sheep,
goat, or pig-four dollars;

(x) any person driving or riding any carriage, who
upon overtaking any caniage, or any horse, or
other beast of burden, or any foot passenger, being
or proceeding along the carriage way, or on
approaching a corner, neglects or fails, within a
reasonable distance from and before passing such
carriage, horse, or other beast of burden, or such
foot passenger, or from and before passing such
corner, to sound a bell, or whistle, or otherwise
give audible and sufEcient warning of his
approach-four dollars;

IThc inclusion of this pape is authorized by LN. 480(19131

34

Cap. 346
(1953 Edta.
Omitted).

Acta md
singr
prohibited
U) be done
at or near
the
boundariw
of paxochisl
roads.

PAROCHIAL ROADS

01, any person riding driving or being upon or in
charge of any carriage, other than a motor vehicle
within the meaning of the Road TrafEc Law who
uses, or sounds, a horn operated by means of a
pneumatic bulb as a means of giving warning of
the approach of such carriage-four dollars.

(a) cut away or cause or procure to be cut away any
hillside or bank or land adjoining any parochial
road, and whether above or below such road,
whereby the stability of such road is or m a y be
lessened, or the safety of persons passing along
it is or may be endangered; or

(6) work or cultivate, or cause or procure to be worked
or cultivated, any part of any hillside or bank on
land adjoining any parochial road, and whether
above or below such road as aforesaid, within
five feet of the boundary of a parochial road, where
such hillside or bank slopes more than one foot
in three; or

(c) plant or cause to procure or be planted any coconut
tree within thirty feet from the centre line of a
parochial road; or

(4 erect any fence or building along or near the
boundary, or within thirty feet from the centre
line, of a parochial road without marking out the
same and giving the notice by this Act required, or
having marked out such line and giving such notice
shall, except with the consent in writing of the
Superintendent of Parochial Roads and Works,
commence to erect such fence or building otherwise
than along the line marked out as aforesaid,

shall be guilty of an offence against this Act, and shall be
liable to a penalty not exOBeding four dollars for every such
offence.

63. Every person who shall-

me inclusion of this page is authorized by LN. 480/1973]

PAROCHIAL ROADS

Power to Dmtroy or Impound Stock
64. [Repealed by Act 27 of 1979, section 14.1

35

65. It shall be lawful for the Superintendent of Parochial ms@ction of swine
on parochial

Roads and Works in any parish, or any person or persons orgoats
acthg under his authority, or any constable, to destroy, or roads.
cause to be destroyed, any swine or goats at large on any
parochial road :

Provided always, that the powers conferred by this section,
shall not apply in respect of pigs or goats belonging to, or
kept by the owner of any unfenced private land, through, or
along which, any such road passes, within the boundaries of
such owner's land.

Lights on Carriages in Use on Roads
66.-(t) On every Carriage (except motor vehicles as Lampand

defined in the Road Traffic Act) in use on a road within roaaduhe
the period specified in this section, and save as in subsection szd
(2) mentioned-

liihb on

!a) two front lamps at least shall be carried and shall
be so constructed and affixed on the outside of the
carriage as to show when lighted white lights
adequate to signal the approach or position of
such carriage; one of such lamps shall be placed
on the extreme right or off side, and the other
on the extreme left or near side of the carriage,
and in such a position as to be free of all obstruc-
tion to the light

16) except where the front lamps when lighted exhibit
red lights visible from the rear within a reasonable
distance, a tail lamp shall be carried so placed and
in such a position, free of all obstruction, as to
exhibit when lighted a red light visible in the
reverse direction at a reasonable distance:

Vhe inclusion of this page is authonisd by LN. 57/19801

36 PAROCHIAL ROADS

Provided that it shall be sufficient for a cart, waggon or
dray to be fitted with one lamp so placed as to exhibit to
the trafEc on the road a white light adequate to signal the
approach or position of such cart, waggon or dray and a
red light visible within a reasonable distance in the reverse
direction.

(2) On every bicycle, tricycle, or other similar
machine, when in use on a road within the period specified
in this section, one front lamp at least shall be carried, so
affixed thereto as to show when lighted a white light
adequate to signal the approach or position of such machine
and a tail lamp so placed and in such a position, free of all
obstruction, as to exhibit a red light visible in the reverse
direction at a reasonable distance:

Provided that it shall not be necessary to carry a lamp
showing a red light to the rear if such machine has attached
thereto an unobscured and efficient red reflector.

(3) Every such lamp shall be kept properly trimmed
and ready for lighting and shall be lighted when the carriage,
bicycle, tricycle, or other similar machine is in use on any
road during the period between one half hour after sunset
and one half hour before sunrise.

(4) Notwithstanding anything in this section con-
tained when a carriage is stationary it shall be sufEcient
for the same to be fitted with one lamp so placed as to
exhibit on the side of the &age exposed to the traffic on
the road a white light visible within a reasonable distance
in the direction in which the carriage is intended to proceed,
and a red light visible within a like distance in the reverse
direction.

Legal
67. NO deed, contract, or agreement, nor any proceeding

to be executed or entered into, or taken under or by virtue
Noatamp
duty

- me mluson d thm 'page IS authorized by L.N. 57119801

,

PAROCHIAL ROADS 37

of the provisions of this Act, shall be subject or liable to
any stamp duty.

68. All penalties imposed by this Act shall be recovered Pedtim
in a summary manner before the Resident Magistrate for -vcred.
the parish, or any two Justices not being councillors of the
Parish Council for such parish; and, in default of payment
thereof, the court may direct the offender to be imprisoned
with or without hard labour for any period of time not
exceeding six calendar months, unless any such penalty be
sooner paid,

how

69.41) It shall be lawful for any councillor of the Parish P o m o f
Council, or officer appointed by the Parish Council, and
for any constable, or peace officer and for all persons whom
they shall respectively call to their assistance, to take into
custody without warrant, any person who shall, within View
of any such councillor of a Council, officer, constable, or
peace officer commit any offence enumerated in this Act, to
be dealt with according to law, as the circumstance of the
case may require.

(2) The power of arrest conferred by this section on
a constable shall extend to cases where although any such
offence has not been committed in his view, such constable
is informed by some person known to him that such offence
has been committed in the sight of such person, and is
required by him to arrest the offender :

Provided that no constable shall arrest any person on the
information of any other person as aforesaid unless he shall
take both the informer and the person accused to the nearest
police station that the informer may sign the charge sheet, or
before a Justice for the purpose of laying an information.

(3) No person shall be liable to be arrested under
this section if, on demand, he shall give his name and address
unless the constable or other person having power of arrest

m e inclusion of this page 18 authonrod by L.N. 57/1980]

38 PAROCHlA L ROADS

under this section has reason to believe and believes the
name and address given to be false.

70. The prosecution of off enders punishable in a summary
manner under this Act shall be commenced within six calen-
dar months after the commission of any such offence, and
not later.

men1 of
Fm-
UOM.

useofthe

SEhedule,

71. The several forms in the Schedule may be used for
the several purposes of this Act, so far as the same shall be
applicable, and may be modified or altered, as the circum-
stances may require.

72.41) All rules and by-laws in force at the date of the
commencement of this Act shall remain in operation so fa r
as they are not inconsistent with the provisions of this Act
until they have been rescinded or replaced by rules or by-
laws made under this Act.

(2 ) All offies, appointments, orders, notices, docu-
ments, proceedings, and generally all acts of authority, which
originated under any repealed enactment and are subsisting
and in force at the commencement of this Act, shall enure for
the purposes of this Act as fully and effectually as if they had
originated under the provisions of this Act.

forms.

Saving

me inclusion d Ibis page is authorized by LN. 57119801

PAROCHIAL ROADS 39

SCHEDULE Appoint.
rnent of
Waw?rda
ac A3sutant
Superintend-

No. I-Appointment of Waywarden or Assistant Superintendent
At a meeting of the Parish Council for the parish of

‘Ilt held in the said parish on the
A.B.. etc., was appointed a
(for the district of the said parish, us the case may be) for the purpose
of carrying into execution (in such district or division), the provisions
of the Act now or benafter to be in force respecting highways: and
the said A B . is hereby required and enjoined faithfully and truly to
execute his said office.

Dated the day of , 19 .

day of
for the said parish Sation71.

(To be signed by the Chairman and two Councillors)

No. 2-Nm’ce to Person of his having been Appointed
Wrrywden Notice 10

Take notice, that at a meeting of the Parish Council for the way- d a .
parish of
day of you were appointed one of the Way-
wardens for the district of that parish. and you are
faithfdy. and truly to execute the ofticc of Waywarden accordiag to
law.

held in the said parish on the Section 71.

Dated the day of , 19 .
(To be signed by the Chairman Md two Councillors)

No. 3-Notice from Waywarden or Superintendent 10
R e m e Nuisance Notim to

“Iwe nmsanur In pursuance o€ the Wrochial Roads Act.

Superintendent, or Assistant Superintendent (IS the cuse m y be), of
the parish of do hereby give you notice
forthwith to (stating the nuisunce comphined of. and requidng its
removao, on a certain part of the Queen’s highway lying between

and in the
district of the said parish. to the obstruction

one of thc Waywardcns (or W n 7 1 . I, A.B.. of, etc.,

of the. said highway.

To C.D., of A.B., Waywarden
Dated the day of , 19 .

(or Superintendent, us the case may be)
-

me inclusion of this page is authorized by LN. 480(19731

40 PAROCHIAL ROADS

Sections %I) No. &Form of Certificate
appears to me [from

certificate or diploma (or certificates or diplomas or both) presented
by him to me] or [after examination by me] to bc possessed of sufficient
technical knowledge and practice to be employed as a Superintendent of
Parochial Roads and Works in any parish in this Island.

I hereby certify that Mr. 8: 71.

IThe inclusion of th is m e is authorized by L.N. 480/19731