High Court of Australia
OF AUSTRALIA.
{HIGH COURT OF AUSTRALIA.]
CHIEF COMMISSIONER FOR RAILWAYS AND TRAMWAYS (N.S.W.) 3 S
DEFENDANT,
AND
} APPELLANT ;
THE ATTORNEY-GENERAL FOR NEW
SOUTH WALES AND THE COUNCIL
RESPONDENTS.
OF THE MUNICIPALITY OF CAR-
Toe 100 BM . INFORMANT AND PLAINTIFFS,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Resumption of land—Public Works Act 1900 (N.S.W.) (No. 26 of 1900), secs. H.C. oF A. 36-40, 80*—Local Government Act 1906 (N.S. W.) (No. 56 of 1906), seca. 75, 83 1909.
—Public Roads Act 1902 (N.S. W.) (No. 95 of 1902), secs. 19, 2.—Reswmption =. —— of piblic highway—Substituted road—Liability of Constructing Authority— SYDNEY, Road wholly in resumed area. Nov, 25; Dee, 8, 9, 10. The Governor has power, under secs. 36 and 37 of the Public Works Act Griffith C.J.,
199), to resume a public highway, and upon resumption the public right of
way over the land is extinguished.
*Sec. 80 is as follows :—If, in the exercise of the powers hereby granted, it is found necessary to cross, cut through, raise, sink or use any part of any road, whether carriage road, horse road, tram road or railway, either Public or private, so an to render it impassable for, or dangerous, or ex- traordinarily inconvenient to' passen- gers or carriages or to the persons
entitled to the use thereof, the Con- structing Authority shall, before the commencement of any such operations, cause a sufficient road to be made instead of the road to be interfered with and shall, at the public expense, maintain such' substituted road in a state as convenient for passengers and carriages as the road so interfered with or as nearly so as may be.
O'Connor and
H.C. or A.
1909. ae
Cuter Com- MISSIONER vor Rat WAYS AND 'TRAM ways (N.S..) v. ATTORNEY- ERAL FOR
HIGH COURT {1909
Sec. 80 of the Public Works Act 1900 provides that, if in carrying out the authorized work the Constructing Authority interferes with any road so as to render it impassable, he shall, before commencing operations, cause another sufficient road to be made in place of the road interfered with.
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