Street Alignment Act 1844

And be it enacted that it shall not be lawful to mortice into or nail or fasten in any other way to the said boundary posts or marks so placed as aforesaid, any rail, post, paling or other material whatsoever, and any person who is summarily convicted of having done so, or of having wilfully injured, defaced or disturbed any such boundary post or mark as aforesaid, shall be liable to a fine not exceeding $40.

[Section 9 amended: No. 113 of 1965 s. 8(1); No. 59 of 2004 s. 141.]

[10. Deleted: No. 70 of 2004 s. 82.]

11. Boundary posts etc. to be inspected annually etc.

And be it enacted that the Chairman or Acting‑Chairman of the Town Trust shall in the month of December of each year examine and inspect the said posts and marks, and make a written report of their state and condition to the Governor, and if it shall appear from the said report, or if at any time it shall be discovered in any other manner that any of the said posts or marks require to be renewed, repaired or adjusted, it shall be lawful for the Governor to direct the same to be renewed, repaired or adjusted, in the same way as they were originally made, but at the cost and expense of the said Town Trust.

12. Plans of new allotments etc. to be given to Governor etc.

And be it enacted that when and so often as any fresh blocks of allotments are required to be laid out, by which any new lines of communication shall be formed, an authorised land officer shall lay before the Governor in Executive Council duplicate maps or plans of the same, both of which plans shall be signed by the Governor in Council, and one shall be retained in the Department within the meaning of the Land Administration Act 1997, or some other convenient place, and the other shall be delivered to the Chairman or Acting‑Chairman of the Town Trust, either of which plans, so signed by the Governor, or any copy thereof duly certified by an authorised land officer, shall and may be given in evidence of such streets in any cause or suit regarding the same, and such additional lines of communication and blocks of allotments may be added to or delineated upon the original maps or plans, and the additional part authenticated in the same manner as the original maps or plans by the signature of the Governor in Council, and such part so authenticated may also be given in evidence as aforesaid.

[Section 12 amended: No. 126 of 1987 s. 14; No. 31 of 1997 s. 141.]

13. Limitation of actions etc.

And be it enacted that no action, suit, or proceedings shall be commenced or prosecuted against any person or persons for anything done in pursuance of this Act until 30 days’ notice thereof shall be given to such person or persons, nor after sufficient satisfaction or tender of amends hath been made to the part or parties aggrieved, nor after the expiration of 6 calendar months next after the fact committed; and the defendant or defendants in every such action, suit, or prosecution, shall and may, at his or their election, plead specially, or the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear that the matter on which the cause of action arose was done in pursuance and by authority of this Act, or that such action or suit shall have been brought before 30 days’ notice thereof was given as aforesaid, or after a sufficient satisfaction made or tendered as aforesaid, or after the time limited for bringing the same as aforesaid, then the Court or Jury shall find for the defendant or defendants; and upon such verdict or finding, or if the plaintiff or plaintiffs shall be nonsuited, or shall discontinue his, her, or their action, suit, or prosecution, after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, defendant or defendants shall recover double costs, and have such remedy for the same as any defendant or defendants hath or have in other cases of costs given by law, and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the Judge before whom the trial shall be shall certify his approbation of the action and of the verdict obtained thereon.

[Section 13 amended: No. 35 of 1935 s. 48A(2)³.]