Page:Public Gates Act, 1901 (nsw).djvu/2

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for permission to place a gate, of form and width to be specified in such application, across such road at any place where it intersects any fence enclosing or bounding any such lands.

(2) The Minister, if he approves of the proposed form, position, and width of the gate applied for, may publish in the Gazette and in some local newspaper notice of his intention to grant permission to the applicant to erect such gate, and may grant such permission.

(3) The applicant may, after the expiration of one month from the publication of such notice, erect a gate in accordance with his application, and shall paint and maintain on such gate in legible characters, not less than three inches in length, the words "public gate."

(4) The Minister may upon one month's notice revoke and cancel the permission granted for the erection of any such gate.

5. (1) Whosoever having opened or passed through any public gate fails immediately to close the same shall on conviction before any justice be liable to forfeit and pay the amount of the injury, if any, occasioned thereby, and in addition thereto, shall be liable to a penalty not exceeding five pounds, and if it is proved that the gate was open for any other purpose than that of passage along the public road, or was ((sic|wilfully}} left open, the offender shall on conviction before any two justices be liable to forfeit and pay the amount of the said injury, and in addition thereto shall be liable to a penalty not exceeding twenty pounds.

(2) Whosoever breaks or injures such gate, or defaces or attempts to deface the words painted thereon, shall on conviction before any justice forfeit and pay the amount of the injury, if any, occasioned thereby, and in addition thereto shall be liable to a penalty not exceeding five pounds.

(3) The amount of injury in any such case shall be ascertained and adjudged by the two justice or justices.

6. Any occupant who—
 * (a) places or causes to be placed the words "public gate" on any gate not authorised under this Act; or
 * (b) in order to obtain the protection of this Act, permits the words "public gate" to remain on any gate not authorised by this act,

shall on conviction be liable to a penalty not exceeding fifty pounds.