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Hospital and Charitable Aid Ordinance 1864

12. The Hospital and Charitable Aid Ordinance 1864

Analysis. Preamble.

1. Repealing Clause.

2. Superintendent may retain a site for public Hospital.

3. Properties of any Institution established under this Ordinance to be vested in the Superintendent.

4. Superintendent to sue and be sued except in case of rates levied.

5. Management of Institutions and appointment of Officers to be vested in the

Superintendent and Executive Council.

6. Superintendent to make by-laws.

7. Penalty for infringement of rules.

8. Superintendent to apply moneys raised in aid of Charitable Institutions.

9. Superintendent may levy certain rates for the purposes of this Ordinance.

10. Such rates to be regulated by Roll of Ratepayers.

11. Failing such Roll assessment may be made.

12. Manner of making such assessment.

13. Notice of objection to be given.

14. Objection how to be determined: Roll to be signed and be evidence.

15. If occupier quitted property rates how to be recovered.

16. Rates may be remitted.

17. Appointment of Collector of Rates.

18. Rates recoverable at suit of Collector.

19. Interpretation of words “Road Board.”

20. Title.

Whereas it is expedient that an Ordinance by the Superintendent and Provincial Council of the Province of Canterbury intituled “The Public Hospital Ordinance Session XX. No 18” should be repealed.

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

1. Repealing Clause.

The said recited Ordinance is hereby repealed.

2. Superintendent may retain a site for public Hospital.

The site situate near Christchurch and being a portion of the land commonly known as Hagley Park authorised by the said in part recited Ordinance to be retained by the Superintendent as a site for a public Hospital and grounds connected therewith together with all buildings and improvements thereon erected and being shall be vested in the Superintendent of the Province of Canterbury and his successors in office in trust for the purposes aforesaid and shall be within the provisions and operation of this Ordinance.

3. Properties of any Institution established under this Ordinance to be vested in the Superintendent.

All lands tenements and hereditaments which may be set apart out of any public reserve or any lands tenements and hereditaments sum or sums of money which may be granted conveyed or bequeathed to any Institution to be established under the provisions of this Ordinance shall be vested in the Superintendent of the Province for the time being and his successors in office.

4. Superintendent to sue and be sued except in case of rates levied.

All actions suits or other proceedings to be commenced or prosecuted by or against any Institution to be established under the provisions of this Ordinance shall except for the recovery of any rates to be levied under the provisions of this Ordinance as hereinafter provided be brought or prosecuted by or against the said Superintendent for the time being and all goods chattels and effects belonging to any such Institution shall be deemed and taken to be the property of the said Superintendent for all or any of the purposes of any action suit or other proceeding.

5. Management of Institutions and appointment of Officers to be vested in the

Superintendent and Executive Council.

The management of all Institutions constituted under the provisions of this Ordinance shall be vested in the said Superintendent and Executive Council for the time being who shall appoint all such local Committees Directors Physicians Surgeons Visitors and Officers as shall be necessary for the proper management and conduct of any such Institution and shall delegate such powers to them or any of them as such Superintendent with such advice and consent as aforesaid may think fit.

6. Superintendent to make by-laws.

It shall be lawful for the said Superintendent to make such by-laws and rules for the regulation and proper management of all such Institutions and for the distribution of Charitable Aid under the provisions of this Ordinance as may be deemed expedient and necessary.

7. Penalty for infringement of rules.

Any person who shall behave in a disorderly manner in or upon the premises of any Institution established under the provisions of this Ordinance or any person who shall introduce any spirituous liquors or other articles into any such Institution contrary to the By-laws in force therein shall, on conviction thereof, be liable to a penalty of not exceeding ten pounds to be recovered in a summary way.

8. Superintendent to apply moneys raised in aid of Charitable Institutions.

It shall be lawful for such Superintendent by and with such advice and consent as aforesaid to apply any moneys to be raised and levied in manner hereinafter provided in such proportions and in such manner as he shall think fit in and towards the erection and maintenance of any building or Institution with all necessary outhouses and enclosures for the purpose of being used as a Hospital Almshouse or other Charitable Institution under the provisions of this Ordinance and also in the maintenance and relief or in contributing to the maintenance or relief of any indigent sick or infirm persons.

9. Superintendent may levy certain rates for the purposes of this Ordinance.

The Superintendent may for the purposes of this Ordinance with the advice and consent of his Executive Council make and levy rates upon all lands buildings tenements or other property within the Province which shall be liable to be rated for the maintenance or repair of roads or for municipal purposes within the Province of Canterbury provided that no such rates shall in any one year exceed the sum of sixpence in the pound on the net annual value of the property rated Provided always that no such rates shall be made or levied on any land or premises belonging to and in the occupation of Her Majesty or of the Provincial Government of Canterbury or on any land or building used exclusively for public charitable literary or scientific purposes or on any building used exclusively for public worship or for a public school or schoolhouse.

10. Such rates to be regulated by Roll of Ratepayers.

For the purpose of determining the annual value of any such lands buildings tenements and property as aforesaid it shall be lawful for the said Superintendent to make use of the last Ratepayers’ Roll or Assessment which shall have been made by any City or Municipal Council or by any Road Board within the Province whereby any property subject to a rate under the provisions of this Ordinance shall have been previously assessed or rated And such Superintendent shall be entitled to call upon the Chairman or other Officer of such City or Municipal Council or of any Road Board to produce for inspection by such Officer as such Superintendent shall appoint when and so often as the same shall be required any Ratepayers’ Roll or other document evidencing the fixing or determining the amount of any assessment or rate.

11. Failing such Roll assessment may be made.

If any such Council or Road Board shall have failed to make and complete a

Ratepayers’ Roll for the Municipality or District for which such Council or Road

Board shall be acting it shall be lawful for the Superintendent to make an Assessment Roll for such Municipality or District for the purposes of this Ordinance in manner hereinafter provided.

12. Manner of making such assessment.

For the purpose of making such Assessment Roll the Superintendent shall cause to be prepared a list setting forth the amount of the rate proposed to be made the names of the persons liable to the payment thereof the sum payable by each of such persons and the property in respect whereof such sum shall be payable and shall give not less than fourteen days’ notice in one or more public newspapers

of the province of the place where such list shall be deposited for inspection and of the time and place at which objections thereto will be heard as hereinafter mentioned.

13. Notice of objection to be given.

If any person whose name shall be on such list object thereto a the ground that

he has ceased to be liable to be rated in respect of any property for which in such list he is proposed to be rated or on any other ground whatsoever he shall give notice of such objection and of the grounds thereof to the said Superintendent or to such person as shall be by the said Superintendent appointed for that purpose seven clear days at lease before the time appointed for hearing objections thereto.

14. Objection how to be determined: Roll to be signed and be evidence. Every such objection shall be publicly heard and determined by two or more Justices of the Peace at a meeting to be held at a time and place to be fixed by the said Superintendent or at some adjournment thereof of which time and place for such hearing and of the adjournment of any hearing notice shall be given in one or more public newspapers of the province It shall be lawful for such Justices to allow such objections in whole or in part and to alter the list in conformity with such allowance or to overrule such objections and the list so altered or unaltered as the case may be shall be signed by two or more Justices

present at such meeting and shall thenceforth be binding and conclusive upon all persons whom it may concern and shall be called the Assessment Roll The production of such Assessment Roll so signed as aforesaid shall be evidence in any legal proceeding to all intents and purposes that it has been duly made and confirmed according to the provisions hereof Provided that if two Justics shall

not be present at the time and place so appointed for any such meeting the meeting shall stand adjourned to that day week and so on from time to time until two Justices shall attend.

15. If occupier quitted property rates how to be recovered.

When the occupier of any rateable property shall have quitted the same without having paid

all the rates to which he shall have become liable in respect thereof and then payable by him the same may be recovered from the person so having quitted or from the owner of the property.

16. Rates may be remitted.

It shall be lawful for the said Superintendent if it shall be represented to him by any person liable to pay any rate that he is unable by reason of poverty to pay such rate and if the said Superintendent shall be satisfied of the truth of such representation to remit and excuse the payment of such rate or any part thereof.

17. Appointment of Collector of Rates.

The said Superintendent shall appoint a fit person or persons to collect the rates and shall take security from every Collector for the due execution of his office which security shall be to such amount as the said Superintendent shall think fit and shall be by bond or otherwise as shall be considered expedient.

18. Rates recoverable at suit of Collector.

All rates ordered by the Superintendent to be made and levied under the authority of this Ordinance shall be recoverable at the suit of any Collector of rates appointed by the Superintendent as hereinbefore provided.

19. Interpretation of words “Road Board.”

The words “Road Board” shall include any Commissioner appointed by the Superintendent under the provisions of the said Roads Ordinance to discharge the duties of a Roads Board.

20. Title.

This Ordinance shall be intituled and may be cited and referred to as the

“Hospital and Charitable Aid Ordinance 1864.”

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 29th

September 1864, and assented to by the Superintendent on 30th September.