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Gibson Quay Ordinance 1866

11. The Gibson’s Quay Ordinance 1865.

Analysis. Preamble.

1. Rates may be charge for the use of Wharf.

2. Superintendent may lease to farm such Rates by public tender.

3. Bond to be entered into upon tender accepted.

4. Private offer may be accepted in case of no public tender.

5. Officer may be appointed to collect Rates.

6. Passengers not to be subject to charge.

7. Title.

Whereas by Crown Grant bearing date the Sixth day of November in the year of our Lord One thousand eight hundred and sixty-five all that parcel of land situate

in the Town of Hokitika in the Province of Canterbury in the Colony of New

Zealand containing by admeasurement twelve acres three roods more or less

and known as “Gibson’s Quay” being bounded on the south by the Hokitika River on the east by a line in continuation of the western side of Jollie-street on the west by the western side of Wharf-street on the north by a line being parallel to and two chains distant from the first-described boundary and numbered 434 (in red) on the map of the Chief Surveyor of the Province of Canterbury setting out and describing the Town of Hokitika aforesaid as the same is delineated on the plan drawn in the margin of the said Crown Grant with all the rights and appurtenances thereto belonging was granted unto the Superintendent of the Province of Canterbury and his successors in trust And whereas it is expedient

to make rovision for the levying of Tolls and Wharfage Rates in respect of the use of the said land and for the management thereof.

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

1. Rates may be charge for the use of Wharf.

It shall be lawful for the Superintendent of he Province of Canterbury or for the lessee or lessees for the time being of the said land to charge and recover Wharfage Rates a the rates set forth in the Schedule to this Ordinance on all goods merchandise and effects landed upon the same land and also a Tonnage Rate of One Penny per ton per diem on all vessels loading unloading or refitting at such lands or any wharf erected thereon.

2. Superintendent may lease to farm such Rates by public tender.

It shall be lawful for he Superintendent of the Province of Canterbury for the time being from time to time to emise and lease to farm by public ender the Wharfage and Tonnage Rates payable under the provisions of this Ordinance from year to year and for that purpose to advertise and give public notice of the time of letting the same and the conditions thereof and any person or persons making the highest tender (if he or they enter into and give bonds with sureties hereinaftter in that behalf mentioned) shall be declared to be the lessee or lessees of the said Rates respectively for the term specified in such notice and conditions of the auction and if the person or persons who shall make the highest tender shall neglect or refuse forthwitth to enter into such bond with sureties in manner hereinafter mentioned the said Rates shall be again immediately put up to public tender and shall in like manner be put up again in case of any default until a bidder shall be found who will enter into the bond with the sureies required.

3. Bond to be entered into upon tender accepted.

Immediately after the acceptance of any tener for the said Rates as hereinbefore mentioned the person or persons whose tender shall have been accepted shall immediately or so soon as may be enter into a bond with two sufficient sureties to be approved of by the said Superintendent in a penal sum of double the amount

of rent which such highest enerer shall have bid or offered for the same

conditioned for the payment of the rent as the same shall become due and payable according to the terms and conditions of the tender for the same and for the observance and performance of all laws ordinances rules and regulations which now are or shall or may during the term of such lease or demise be in force respecting the said Rates which shall have been so bi or tendered for by him or them and respecting the land or wharves at which the same shall be payable.

4. Private offer may be accepted in case of no public tender.

In case the said Rates shall not be let by public tender it shall be lawful for the Superintendent for the time being to accept a private tender or offer for the same uner such terms and conditions and in such manner as he shall or may think fit and upon the acceptance of any such private tender as aforesaid and upon the person or persons making the same duly entering into the like bond with sureties as hereinbefore directed it shall and may be lawful for the said Superintendent to lease to farm and demise from year to year the said Rates to the person or persons whose tener in such case shall have been accepted.

5. Officer may be appointed to collect Rates.

In case the said Superintendent for the time being shall deem it more avantageous to the revenue of the said Province that the said Rates so to be collecte under this Ordinance should be collected and received by Collectors and other persons to be appointed by him it shall and may be lawful for the Superintendent for the time being to nominate an appoint a Collector or

Collectors or other Officers necessary to collect the Rates so leviable at the said land and every such Collector or other Officer so appointed shall have all the powers and remedies as to the collection and recovery of the said Rates and shall be under and subject to such rules and regulations as may for the time being be in force respecting the said land and public wharves Provided however that every such Collector or other Officer so appointed shall before he shall enter into the receipt and collection of such Rates enter into a bond or bonds with sureties for the due and faithful discharge of his duties an for the payment of the said Ratesand the performance of such other terms and conditions as the Superintendent for the time being may think necessary to require.

6. Passengers not to be subject to charge.

Provided always and be it enacted that nothing in this Ordinance contained shall be deemed or construed to prevent the use of the said land or any wharf erected thereupon as a public thoroughfare or the landing or embarkation of passengers an other persons at the same free of any charge whatsoever.

7. Title.

This Ordinance shall be entituled and may be cited as "The Gibson’s Quay

Ordinance, 1866.

Schedule.

Heavy goods as flour sugar coals and all other articles considered as

dead weight per ton ... ... ... ... ... ... One Shilling and Threepence. Grain of all kinds per bag ... ... ... ... Twopence

Bricks and slates per 1000 ... ... ... Two Shillings and Sixpence. General Drapery hosiery goods

haberdashery millinery and boots

and shoes per package ... ... ... ... ... Ninepence

Bags bagging and woolpacks

per bale ... ... ... ... ... ... ... ... ... ... Ninepence Timber per 100 feet superficial ... ... Twopence Furniture per package ... ... ... ... ... One Shilling

Carts and Carriages each ... ... ... ... Two Shillings and Sixpence Horses and horned Cattle per head ... One Shilling and Sixpence Sheep and pigs per head ... ... ... ... Twopence

All unenumerated goods

per package ... ... ... ... ... ... ... ... ... Twopence