Roads and Jetties Act 1935

Where the boundary of a State highway or subsidiary road is disputed or uncertain the Minister may obtain a writ out of the Supreme Court setting out that the highway therein described is a State highway or subsidiary road, as the case may be, where the boundary is disputed or uncertain, and the landowners concerned, and directing a magistrate to inquire into and determine the true boundary and to return his finding into the Court.

The magistrate named in such a writ may summon before him the Minister and the landowners named therein and inquire accordingly as if the matter were before him on a complaint by the Minister under the Justices Act 1959, and when by his inquiry he has found what is the true boundary he shall make a return to the writ accordingly.

If on an inquiry under this section it appears to the magistrate making it that the true boundary is unknown he shall fix the boundary where he thinks it ought to be, in the light of the evidence adduced by the parties before him and in fairness to all concerned, and the boundary fixed by him shall, subject to any traverse taken in the Supreme Court, be deemed to be the true boundary for all purposes including the rectification of public records.

When – the time within which to traverse the return to the writ is expired; or where the return is traversed, the subsequent proceedings are at an end – the Minister shall take all proper steps for the rectification of public records in accordance with the return.

Rules of court may be made for the purposes of this section and so far as no rules of court extend the procedure pursuant to a writ issued under this section shall, subject to the express provisions of this section, be like the procedure of the Supreme Court in matters formerly on the Crown side of the Court of Queen's Bench.