Home | Databases | WorldLII | Search | Feedback Canterbury Provincial Ordinances

Ashley Bridge Ordinance 1866

13. The Ashley Bridge Ordinance 1865.

Analysis. Preamble.

1. Lawful for Edward George Wright to erect Bridge and Fence.

2. Tolls may be collected.

3. Such Tolls how to be apportioned.

4. Statement of account of Tolls to be rendered.

5. Case of failure to erect Bridge or to maintain same during term of Ten Years.

6. Interest in Bridge may be purchased at certain rate during first Five Years of said term.

7. Interest in Bridge may be purchased at certain rate during last Five Years of such term.

8. Title.

Whereas it is expedient for the purpose of public traffic that a Bridge shall be erected over the River Ashley in the Province of Canterbury And whereas Edward George Wrigh in consideration of certain powers and privileges hereinafter expressed has proposed at his own costt to construct a Bridge over the said River at a part thereof on or about the line of the North Road subject to certain Plans and Specifications to be approved of by the Provincial Engineer of the Province of Canterbury and it is desirable that the said Edward George Wright should be permitted to erect such a Bridge:

Be it therefore enacted by the Superintendent of the said Province, with the advice and consent of the Provincial Council thereof, as follows:

1. Lawful for Edward George Wright to erect Bridge and Fence.

It shall be lawful for the said Edward George Wright his Executors Administrators and Assigns to erect and maintain a Bridge over the said River at a part thereof on or about the line of the said North Road and for such purpose to occupy such portion of land in the bed of the said River and on either bank thereof as shall be set out and determined by the Provincial Engineer of the said Province as the

site of such bridge and to erect or build a fence on or along the banks or sides of the said River for such distance or distances from eiher side of the said Bridge as may be necessary for the purpose of preventing the evasion of the payment of

the Tolls hereinafter authorised to be levied Provided that such bridge shall be constructed in accordance with such plans and specifications as the said Provincial Engineer shall approve, and shall be sufficient for the general purposes of traffic of foot passengers animals and carriages of all descriptions.

2. Tolls may be collected.

Upon the completion of the said Bridge certified in writing by the Provincial Engineer for the time being to the Superintendent for the time being of the Province of Canterbury it shall be lawful for the said Eddward George Wright his executors administrators and assigns during a term of ten years from the date of the Certificate of the Provincial Engineer aforesaid to levy from all persons passing over the said Bridge Tolls according to the trattes specified in the Schedule to this Ordinance.

3. Such Tolls how to be apportioned.

The Tolls so to be levied as aforesaid shall be appropriated in the first instance in payment of the expenses of the collection thereof next in payment yearly and every year during the said term of Ten years of a yearly sum of £400 sterling to the said Edward George Wright his executors administrators or assigns and that the balance then remaining shall be equally divided amongst and paid to the said Edward George Wright his executors administrators or assigns the Kowai Road Board and the Mandeville and Rangiora Road Board.

4. Statement of account of Tolls to be rendered.

The said Edward George Wright shall render quarterly to the Superintenentt of the Province and to the Road Boards aforesaid a statement of accounts of the Tolls collected as aforesaid which statement shall be verified by declaration in writing made before any Justice of the Peace for the Colony.

5. Case of failure to erect Bridge or to maintain same during term of Ten Years. If the said Edward George Wright his executors administrators or assigns shall fail to obtain a certificate of the completion of the said Bridge within One year after the passing of this Ordinance or shall at any time during the said term of ten years neglect to keep the said Bridge and the approaches thereto in good and sufficient repair or shall neglect or refuse to keep the bridge open for traffic at all times during the said term of ten years it shall be lawful for the Superintendent to

take possession of the said Bridge and to hold the same as though it had been erected by and at the cost and expense of the Province and the said Edward George Wright shall thereupon absolutely forfeit all rights and privileges whatsoever which he may have acquired by virtue of this Ordinance in respect of the said bridge.

6. Interest in Bridge may be purchased at certain rate during first Five Years of said term.

It shall be lawful for the Superintendent for the time being with the consent of his Executive Council or for either of the said Road Boards at any time during the first Five Years of the said term of Ten Years to purchase the privileges by this Ordinance assured to the said Edward George Wright his administrators and

assigns and to take possession of the said Bridge upon giving to the said Edward George Wright his executors administrators or assigns One Calendar Month’s previous notice in wriing of the intention so to do and upon payment to the said Edward George Wright his executors administrators or assigns of the value of his then inerest in the sai Bridge as hereinafter is mentioned the said Bridge if purchased at any time during the first year of the said term shall be deemed to be of the value of One thousand eight hundred Pounds sterling and if at any time during the second year of the said term of the value of One thousand five

hundred an fifty pounds

7. Interest in Bridge may be purchased at certain rate during last Five Years of such term.

It shall be lawful for the Superintendent, with the advice and consent as aforesaid or for either of the said Road Boards at any time during the last Five Years of he said term to take possession of the said Bridge and the Tolls to be levied in respec thereof upon giving to the said Edward George Wright his executors administrators or assigns One Calendar Month’s previous noice in writing of the intention so to do and upon paymentt to the said Edward George Wright his executors administrators or assigns of half the full value of his then interest in the said Bridge such value not exceeding Eight hundred Pounds to be ascertained

by award of two Arbitrators one to be named by the Superintenent for the time being or the Road Board desirous of taking possession of the Bridge and the other by the said Edward George Wright his executors administrators or assigns One Calendar Month’s previous notice in writing of the intention so to do and upon payment to the said Eward George Wright his executors administrators or ssigns of half the full value of his then interest in the said Bridge such value not exceeding Eight hundred Pounds to be ascertained by award of wo Arbitrators one to be named by the Superintendent for the time being or the Road Board desirous of taking possession of the Bridge and the other by the said Edward George Wright his executors administrators or assigns or of an Umpire to be appointed under the hands of such Arbitrators previously to their entering on the said arbitration or in the event of the said Edward George Wright his executors administrators or assigns refusing or neglecting for the space of one week after he or they shall have been required by notice in writing so to do to appoint such

Arbitrator then by the award of the Arbitrator appointed by the Superintendent or the said Road Board desirous of taking possession of the Bridge and Tolls.

8. Title.

This Ordinance shall be entituled and may be cited as “The Ashley Bridge

Ordinance 1866.”

Schedule of Tolls above referred to.

For every Passenger ... ... ... ... ... ... ... ... ... ... ... ... Threepence For every horse, ass, or mule ... ... ... ... ... ... ... ... ... Threepence For every horse, ass, mule, or

other beast with pack ... ... ... ... ... ... ... ... ... ... ... ... Threepence. For all horned cattle, driven without

packs, per head ... ... ... ... ... ... ... ... ... ... ... ... ... ... Threepence

For every wheeled vehicle, drawn by

one horse or other beast ... ... ... ... ... ... ... ... ... ... .. One Shilling

For every additional horse or other

beast drawing such vehicle ... ... ... ... ... ... ... ... ... .. Threepence

For every sheep, lamb, goat, or pig ... ... ... ... ... ... ... One halfpenny