Title 19 Laws of Bermuda Item 10

BERMUDA

1870 : 19

ARRANGEMENT OF SECTIONS

1 Control of causeway by Minister; regulations

2 Publication of rules and regulations [omitted]

3 Long Bird bridge

4 Offences

5 Damage to bridge

6 Powers of bridge keeper

7 Causeway a public road

8 Abstract of Act to be printed and posted [omitted] [8 October 1870] [preamble and words of enactment omitted]

Control of causeway by Minister; regulations

1 The causeway between the Island of St. George and the Parish of Hamilton shall be and remain under the management and control of the Minister responsible for works and engineering (in this Act called "the Minister") who shall from time to time make such rules and regulations with respect to the passage of passengers, beasts and vehicles, and other things across, and of boats and vessels through and under the bridge connecting the said Island of St. George with Long Bird Island as seem to the Minister expedient; and it shall be lawful for the Minister to impose by such rules and regulations such moderate fines for the breach of any such rules and regulations as seem proper to the Minister: Provided that any such fine shall not exceed $144 for any single offence or $57.60 a day for any continuing offence.

1989 Revision 1

Publication of rules and regulations

2 [omitted]

Long Bird bridge

3 There shall be appointed a proper and suitable person to have charge of the bridge connecting the Island of St. George with Long Bird Island; and such bridge keeper shall reside in the place appointed for that purpose; and it shall be his duty to keep a constant and vigilant lookout at all times between sunrise and eight o'clock at night between the first day of October and the thirty-first day of March both inclusive, and between sunrise and nine o'clock at night at all other times, for vessels and boats approaching the said bridge with a view to passing through the bridge, and whenever any such boat or vessel is approaching with that intention or apparent intention to open the said bridge in sufficient time before such boat or vessel reaches the bridge, and to keep it open a sufficient time to allow such boat or vessel to pass through and clear of the said bridge with convenience and safety; and it shall also be the duty of the bridge keeper, whenever the bridge is not required to be open for the passage of any vessel or boat, to allow all passengers, beasts, vehicles, and other things to pass over the bridge with all convenient and practicable despatch, and at all times to allow Her Majesty's mails and all persons in charge of the same and vehicles employed in the transport thereof, to pass over the bridge in preference to all or any other travellers and vehicles.

4. Offences

(1) Any person—

(a) who wilfully obstructs the working of the bridge; or

(b) who wilfully makes any false or deceptive signal whereby the keeper of the bridge or any person in charge of any vessel or boat is or may be misled; or

(c) who wilfully or wantonly obstructs the keeper in the discharge of his duties; or

(d) who wilfully shows any light at or near the bridge to mislead the keeper or any person in any boat or vessel near the bridge; or

(e) who wilfully extinguishes, obscures or changes any light which may be provided for the convenience of travellers or of boats or vessels or persons in any boats or vessels near or approaching the bridge by the public road or the bridge keeper at or near the bridge or its approaches, commits an offence against this Act: Punishment on summary conviction on the complaint of any person whomsoever: imprisonment for 3 months or a fine of $172.80:

2 1989 Revision Title 19 Laws of Bermuda Item 10

Provided that no liability incurred by any person under this section shall prevent the person or persons committing any such offence as aforesaid from being proceeded against by any person aggrieved for any damages incurred or occasioned by any such misconduct.

(2) Any person—

(a) who, by gross negligence, or wilfully or wantonly, causes any obstruction to any person, beast or vehicle crossing or attempting or having any occasion to cross the bridge, or any vessel or boat passing or having occasion to pass through or under the bridge or approaching for the purpose of passing through the bridge; or

(b) who wilfully or wantonly injures the bridge, or any work, structure, machinery, tackle or thing, appertaining thereto, commits an offence against this Act: Punishment on summary conviction: imprisonment for 6 months or a fine of $1,440 and shall be liable to make good all damage done by him.

Damage to bridge

5 If at any time after the passing of this Act any boat or vessel of any description runs afoul of, or in any way injures, the bridge or the piers of the bridge, or any work or structure connected therewith, or if any person, beast or vehicle, or other thing upon or near the said bridge through the carelessness, negligence, ignorance or want of skill of the person or persons in charge of such boat or vessel, or of any person on board, or if any beast, carriage or vehicle injures the bridge or any of its appurtenances or approaches from the carelessness, negligence, ignorance or want of skill of the person or persons in charge of the same or any person in any such carriage or vehicle, then all damage so occasioned shall be made good by the Minister at the public expense, and all expense so incurred by the public shall and may be sued for and recovered either from the owner or owners, or any part owner of such boat or vessel, or the owner or owners of such beast, carriage or vehicle, if such boat, vessel, beast, carriage or vehicle at the time of occasioning such damage were in the employ or service of the owner or owners or any part owner, or from the person or persons through whose carelessness, negligence, ignorance, or want of skill such damage was occasioned, or his or their employer, at the option of the Minister responsible for public works and related matters.

6. Powers of bridge keeper

(1) Any person who crosses or attempts to cross the bridge connecting the Island of St. George with Long Bird Island without the

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permission of the bridge keeper first obtained commits an offence against this Act: Punishment on summary conviction: a fine of $144.

(2) Any person in charge of any vessel or boat who runs or attempts to run such vessel or boat or permits such vessel or boat to run or pass through or under the bridge when the bridge is closed, or when any signal is made or displayed or warning given that the bridge is not open for passage of boats, or that it is unsafe or improper for boats or vessels to pass through the bridge, commits an offence against this Act: Punishment on summary conviction: a fine of $144. Provided that nothing herein contained shall prevent the passage of boats of such a size, construction and description as can pass through or under the bridge when it is closed without any danger whatsoever to the bridge or its works, piers or appurtenances, or to persons, beasts or vehicles upon or near the bridge, or to such boats themselves or the persons therein.

Causeway a public road

7 The causeway and its approaches including the swing bridge from the public land adjacent to the causeway and bridge shall from and after the time when they are delivered over to the Minister for public use be treated as and deemed to be part of the public roads, except such parts of the same land as not being required for that purpose may be dedicated by the Minister to any other use; and all Acts and provisions of Acts passed or to be passed for preventing injuries or annoyances on the public roads shall extend and be applicable to the said causeway and the bridge and the approaches thereto and adjoining lands belonging to the public and dedicated as aforesaid to public use as public roads or appurtenant to the public road in the same mannerand to the like effect as though the said causeway and its approaches and the said lands were expressly mentioned in such Acts.

Abstract of Act to be printed and posted

8 [omitted] [The Act, originally of limited duration, was continued in force indefinitely by 1894:5]

4 1989 Revision Title 19 Laws of Bermuda Item 10

[Amended by 1894 : 5

1907 : 13

1911 : 46

1951 : 78

1952 : 3

1952 : 11

1968 : 231

1988 : 19]

1989 Revision 5