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Kaiapoi Bridge Ordinance 1868

The Kaiapoi Bridge Ordinance 1868.

Whereas by an Act of the General Assembly of New Zealand entituled "The Highways and Watercourses Diversion Act, 1858," it is enacted that it shall be lawful for the Superintendent of any Province, with the advice and consent of the Provincial Council thereof, by Ordinance to be made for that purpose, to build bridges over any river, stream, or creek in such Province; and whereas it is expedient that a bridge be constructed over the north branch of the river Waimakariri, at Kaiapoi, at a part thereof in continuation of the North Road, in the Province of Canterbury, and to provide for the maintaining and keeping in repair the said bridge and the approaches thereto:

Be it therefore repealed by the Superintendent of the said Province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows:

1. Bridge may be constructed over Waimakariri at Kaiapoi.

It shall be lawful for the Superintendent to construct a swing or draw bridge and make approaches thereto over the north branch of the river Waimakariri at Kaiapoi at or about a part thereof in continuation of the North Road: Provided that such bridge shall be so constructed that when the swing or draw shall be opened for the passage of vessels a clear space of at least thirty feet in width shall be left for such vessel to pass through.

2. Bridge to be proclaimed open for traffic on certificate of Provincial

Engineer.

The Superintendent shall, by Proclamation in the Provincial Government

Gazette, notify that the said bridge is open for public traffic as soon he shall have received a certificate under the hand of the Provincial Engineer to that effect and thereupon it shall be lawful for the Superintendent to cause tolls to be levied at such rates not exceeding the sum set forth in the schedule to this Ordinance annexed Provided that not more than one toll be levied on the same beast or vehicle between the hours of twelve o'clock at night and twelve o'clock the following night.

3. Superintendent may let Bridge and Tolls.

It shall be lawful for the Superintendent, with the advice of the Executive Council from time to time to let the said bridge and tolls for any term not exceeding three years at such annual rent and on such conditions as shall think fit and to transfer the management and control of such bridge to the Borough Council of Kaiapoi.

4. Tolls to be property of Collector.

All tolls imposed under the authority of this Ordinance shall be $ be and be deemed to be the property of the collector thereof and may be recovered in the ordinary course of law.

5. Penalty for evading payment of Toll.

Any person refusing or evading, or attempting to evade the payment of any toll leviable under this Ordinance shall forfeit and pay to the collector of any such toll for every such offence any sum not exceeding five pounds which sum may be recovered as a debt due to such collector in the ordinary course of law.

Schedule of Tolls above referred to.

For every horse, ass, or mule Threepence For every horse, ass, mule, or other beast Threepence For all horned cattle driven without packs, per head Twopence For every wheeled vehicle drawn by one horse or

other beast Sixpence

For every additional horse or other beast drawing

such vehicle Threepence

For every sheep, lamb, goat or pig in one drove, not

exceeding one hundred One halfpenny

For every additional sheep, lamb, goat, or pig One farthing

Notes.

Assented 12th December 1868.

The changes made from the 1863 Kaiapoi Bridge Ordinance were as follows: The punctuation conventions are different. This is without usual punctuation. Section 1 reference to "swing or drawbridge" as not to impede the navigation of the said river. replaced "when the swing or draw shall be opened for the passage of vessels a clear space of at least thirty feet in width shall be left for such vessel to pass through." this new

Section 2 the same as before, except "so soon as" becomes "as soon as." Section 3 new proviso "and to transfer the management and control of such bridge to the Borough Council of Kaiapoi."

Section 4 the formula "the ordinary course of law." replaced "recoverable in a summary way." This also the case in section 5.

Section 5 new portion "for every such offence any sum not exceeding five pounds" also "forfeit and pay to the collector"

There is no equivalent section to "6. This Ordinance shall be entituled, and may be cited as "The Kaiapoi Bridge Ordinance, 1863.""

The Schedule remains the same as in the previous 1863 Ordinance.