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Rakaia Bridge Ordinance 1868

The Rakaia 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 authorise and empower the Superintendent to build bridges and other erections on the banks or in the beds of any river stream or creek in such Province. And whereas by an Act of the General Assembly of New Zealand intituled " The Provincial Council Powers Extension Act 1863 " it is enacted that whenever any Ordinance shall be passed by any Provincial Council for the purpose of authorising the making or carrying out of some work of utility to the Public or to the inhabitants of some particular district such law may so far as may be necessary for the making or carrying on of such work of utility effect any road or highway or the bed of any river stream or creek although the same respectively may be lands of the Cown And whereas it is for the benefit of the Public that a Bridge should be constructed and maintained across the River Rakaia.

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

1. Superintendent may Construct Bridge.

It shall be lawful for the Superintendent to construct a Bridge over the River Rakaia and make approaches thereto at such place as to the Superintendent shall seem fit.

2. When fit for Public Traffic Bridge to be proclaimed Open.

When such Bridge shall in the opinion of the Superintendent and Executive Council be fit for public traffic the Superintendent shall by proclamation in the Provincial Government Gazette notify that the said Bridge is open for public traffic.

3. Tolls to be paid as set forth in Schedule to this Ordinance.

Tolls shall be paid for the passage across the said Bridge of passengers animals vehicles articles and things at the respective rates set forth in the Schedule to

this Ordinance Such Tolls shall be paid by the persons using the Bridge to the

Toll Collector or one of the Toll Collectors hereinafter mentioned.

4. Superintendent to appoint Toll Collectors.

It shall be lawful for the Superintendent for the time being by warrant under his hand from time to time to appoint one or more person or persons as Toll Collectors to collect the Tolls aforesaid and such person or persons at pleasure to remove and others to appoint.

5. Penalty for Evading Tolls.

Any person who shall evade or attempt to evade the payment or or who shall refuse or neglect to pay any Toll payable under this Ordinance shall forfeit and pay for every such offence any sum not exceeding Five Pounds And it shall be lawful for any Toll Collector or Collectors to prevent the passage across the said Bridge of any passenger animal vehicle article or thing of what kind soever unless the Tolls hereby made payable for the passage of the same shall have been previously paid.

6. Penalty for Obstructing Passage of Bridge.

Any person wilfully obstructing the passage of the said Bridge or the approaches thereto except under this Ordinance or under the authority of the Superintendent for the purpose of repairing the same shall for every such offence forfeit and pay any sum not exceeding Ten Pounds.

7. Carriages or other Vehicles to Cross Bridge at Walking Pace.

No carriage cart or other vehicle shall in crossing the said Bridge proceed at any time at a greater rate than a walking pace and every person who shall drive at a greater rate shall for every such offence forfeit and pay any sum not exceeding Ten Pounds.

8. No Carriage or other Vehicle which exceeds including load the weight of

Four Tons to Cross Bridge.

No carriage cart or other vehicle machine or engine that shall exceed including any load thereon the weight of Four Tons shall be at any time permitted to cross the said Bridge And no article or thing shall be conveyed across the said Bridge except in a wheeled vehicle or carried by passengers or animals.

9. Superintendent may take Tolls at Lower Rates than set out in Schedule. It shall be lawful for the Superintendent with the advice and consent of the Executive Council from time to time if he shall think fit to take in satisfaction of the tolls payable under this ordinance while the said tolls shall he unlet tolls at lower rates than are set out in the schedule hereto and also in any lease to be granted as hereinafter mentioned to stipulate that the lessees shall not exact the full amount of the tolls set out in such schedule but such lesser amounts as may in such lease or in any schedule thereto be particularly specified.

10. Superintendent may Construct Bridge by Contract and grant to

Contractor a Lease of Tolls.

It shall be lawful for the Superintendent with the advice and consent of his Executive Council to contract with any person or persons company or companies for the construction of such Bridge and the approaches thereto And if he with the advice and consent aforesaid shall think fit so to do as the consideration or as part of the consideration for the construction of the same to agree to grant and to grant a lease of the tolls payable under this Ordinance to the person or persons company or companies erecting the same Bridge for any term not exceeding ten years from the date of the lease either at a nominal rent at such other rent or

rents and in either case subject to such covenants and agreements on the part of the Lessees their executors administrators successors or assigns as to the Superintendent with the advice and consent aforesaid shall seem fit.

11. No Monies to be paid for the Construction of Bridge unless appropriated for the purpose by Ordinance of the Superintendent and Provincial Council.

No contract shall be entered into for the construction of the said Bridge or the approaches thereto by which any money may become payable by the Provincial Treasurer on account of such contract or otherwise unless the sum or sums contracted to be paid shall have been previously appropriated for the purpose by some Ordinance of the Superintendent and Provincial Council.

12. Title.

This Ordinance shall be intituled and may be cited as “The Rakaia Bridge

Ordinance, 1868.”

_{The Schedule referred to in the foregoing Ordinance.}

For every passenger including in each denomination every person who shall in any manner be carried across

£ s. d.

the said bridge as well as foot passengers 00 02 00

For every vehicle including in such denomination any

machine or engine or other thing on two wheels only 00 02 06

For any vehicle (including in such denomination any machine or engine or other thing) on more than

two wheels 00 04 00

For every horse ass or mule whether drawing any

vehicle or not 00 01 00

For all horned or neat cattle per head 00 00 06

For every sheep lamb goat or pig 00 00 01

The above tolls shall be payable for every passage of the bridge.

All vehicles or persons carrying Her Majesty's Mails and the horses drawing such vehicles and the driver thereof and all Police Constables on duty and Prisoners in their charge shall be exempt from toll.