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Roads Ordinance 1864

18. The Roads Ordinance 1864

Analysis. Preamble.

I. Repealing and Interpretation Clauses.

1. Repealing Clause.

2. Interpretation Clause.

II. Respecting Districts.

3. Districts how constituted.

III. Respecting Road Boards.

4. Boards how constituted.

5. Who eligible to be members.

6. Election when vacancy occurs.

7. Penalty for acting on Board when not eligible.

8. Board to be a body corporate.

9. Chairman of Board.

10. Election upon vacancy by Chairman.

11. Decision to be by a majority.

12. No act of Board invalid by vacancy, &c.

13. Records and accounts to be kept and furnished by the Board.

14. Accounts of Board to be audited.

15. Board may employ officers.

16. Board to have control of all roads drains &c. not private property.

17. Expenditure by the Board regulated.

IV. Respecting the Ratepayers Roll.

18. Contents of Ratepayers’ Roll.

19. Preparation of Roll.

20. Assessors to be appointed by Superintendent.

21. Roll to be open for inspection.

22. Revising Commissioners to be appointed by Superintendent; their duties and powers.

23. Notice of objection.

24. Revising Commissioners to hear and determine objections to Ratepayers’ Roll.

25. Revising Court may be adjourned.

26. Fresh assessment may be ordered by Commissioners.

27. Corrected Roll to be signed by Commissioners.

V. Respecting Rates.

28. District Road Rate.

29. Special local rate.

30. Rates to be on net annual value.

31. Mode of striking rate.

32. Rates to be paid on service of notice.

33. Rates to be the property of the Board: and how recoverable.

34. Rates by whom payable.

35. Joint occupation or ownership.

36. Rates may be remitted.

37. Rates how to be levied in case of change of occupation.

VI. Respecting Meetings of Ratepayers.

38. Who may vote at ratepayers’ meeting.

39. Chairman of Board to be Chairman of meeting.

40. Annual and other meetings.

41. Chairman to cause minutes to be kept.

42. Election of members of Board at annual meeting.

43. If poll demanded.

44. Special meeting may be called upon requisition of ratepayers.

VII. Respecting Tolls.

45. Erection of toll bars and imposition of tolls.

46. Collection of tolls.

47. Table of tolls to be put up and tickets provided.

48. Overcharge or misbehaviour of Toll Collector.

49. Evasion of toll.

50. Leasing of tolls.

51. Expenditure of tolls: accounts to be kept.

VIII. Miscellaneous.

52. Power of entry on private lands.

53. Board may temporarily stop thoroughfare.

54. Protection against accident: penalty for interfering with barriers &c.

IX. Protection of Officers.

55. Members and officers not personally liable.

56. Penalty for obstructing officers, &c.

X. Initiatory and Suspending Clauses.

57. Members and Officers not personally liable.

58. Formation of Ratepayers’ Roll for new districts.

59. First Board in new districts when to be elected.

60. If Ratepayers or Board do not act Superintendent may appoint a

Commissioner.

61. Commissioner to make Ratepayers’ Roll if not previously made: Ratepayers may again elect Board.

62. Penalties: how recoverable.

63. Title.

Whereas an Ordinance was passed by the Superintendent and Provincial

Council of the Province of Canterbury entituled “The Road Districts Ordinance

1863” and whereas another Ordinance entituled “The Ratepayers’ Roll Revision Ordinance 1864” was passed by the said Superintendent and Provincial Council in this present Session and it is expedient that the same should be repealed and that other provision should be made for the construction and maintenance of Roads within the said Province:

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:

I.—Repealing and Interpretation Clauses.

1. Repealing Clause.

The said recited Ordinance is hereby repealed except in so far as the same extend to repealing any former Ordinance Provided always that every Ratepayers’ Roll made or revised or partially made or revised under the provisions of the said recited Ordinance shall be deemed to have been so made or revised or partially made or revised under the provisions of this Ordinance and every Board elected and every Officer appointed and every other act or proceeding done or taken in execution of the said recited Ordinances shall be deemed to have been elected appointed done or taken under this Ordinance.

2. Interpretation Clause.

In the interpretation of this Ordinance, the words "the district," "the board," "the Ratepayers' Roll," shall mean a district, a Board, and a Ratepayers' Roll, as the same are severally constituted by the provisions of this Ordinance. The words " Public Notice," shall mean the publication of such notice in some Newspaper ordinarily circulated within the district, or the posting of such notice in not less than twelve public places within the district, for a space of not less than ten days prior to the event to which such notice refers. A notice shall be deemed to be served when it shall have been served on the person on whom service is required, either personally, or by leaving the same at his ordinary abode or place of business within the district: or if he shall have no such abode or ordinary place of business within the district, then by affixing the same to some conspicuous place on the land in respect of which, or in respect of the right of pasturage over which land such person shall be liable t be rated, and the word " road " shall be held to mean any public road, bridle-road, foot-path, bridge, or other works

included within a reserve for a road laid on the authenticated Map of the Chief

Surveyor.

II.—Respecting Districts.

3. Districts how constituted.

Every district set forth and described in the Schedule A to this Ordinance shall be deemed to be a district for the purposes of this Ordinance.

III.—Respecting Road Boards.

4. Boards how constituted.

There shall be in every district, for the purposes of this Ordinance, a Board, consisting of five Members, of whom three Members and two Members alternately shall be elected in each successive year, at the annual October meeting of the Ratepayers of the district as hereinafter provided: And those Members, whether three, or two as the case may be, who shall have been in office two years, shall go out of office on the day of such annual meeting: Provided that every Member, so retiring, shall be eligible for re-election.

5. Who eligible to be members.

No person shall be eligible to be elected to be a Member of the Board unless he shall be a Ratepayer of the district, and shall reside or have his ordinary place of business therein, and shall have paid all rates which he shall have been liable to pay under the authority of this Ordinance at the time of such election. And if any Member of the Board shall become insolvent, or of unsound mind, or shall have been convicted of any felony, or shall have ceased to reside or to have his ordinary place of business within the district, or shall be in arrear of any rates which he shall have become liable to pay under the authority of this Ordinance, or shall accept or continue to hold any place of profit or emolument under the Board, or shall have any pecuniary interest in any work done under the authority of the Board other than as a Shareholder in a public registered Company contracting therewith, or shall have resigned his seat at the Board, by writing, under his hand, addressed to the Chairman thereof, orshall have been absent from four consecutive meetings of the Board without leave from the Board, in writing, first obtained, his seat at the Board shall, ipso facto, become vacant.

6. Election when vacancy occurs.

When any such vacancy shall occur, the Board shall forthwith, by public notice, call a meeting of the Ratepayers to elect a Member to fill such vacancy, and the Member so elected shall continue in office so long only as the Member would have continued in whose place he shall have been elected.

7. Penalty for acting on Board when not eligible.

If any person shall act as a Member of the Board, or vote at any meeting thereof, not being eligible to hold a seat thereat, he shall be liable to a penalty, not exceeding Twenty Pounds, for every such act or vote, to be recovered in a summary way, upon the information of any Ratepayer of the district.

8. Board to be a body corporate.

Every Board shall be, and is hereby declared to be a Body Corporate, under the name and title of the Road Board of the district, and under such name shall have perpetual succession and a common seal, and may sue and be sued, plead and be impleaded in any Court of Law or Equity, and is hereby empowered to hold and enjoy property both real and personal, and to enter into contracts, and

to enforce the same for the purposes of this Ordinance.

9. Chairman of Board.

Every Board shall, at its first meeting, elect one of its Members to be the Chairman thereof, who shall preside at the meetings of the Board, and shall have an original and also a casting vote thereat. Provided, that if the Chairman shall be absent from any meeting, the Members present shall elect one of their

number to preside in his stead at such meeting.

10. Election upon vacancy by Chairman.

If the Chairman shall cease to be a Member of the Board, or shall, by writing, under his hand, addressed to the Board, vacate the office of Chairman, the

Board shall, at its next meeting thereafter, elect another Member to be Chairman in his stead.

11. Decision to be by a majority.

All questions coming before the Board shall be decided by a majority of the Members present, and there shall be no meeting of the Board unless at least three Members be present.

12. No act of Board invalid by vacancy, &c.

No act of the Board shall be invalid by reason of any vacancy having occurred, or by reason of any Member being ineligible to occupy his seat thereat.

13. Records and accounts to be kept and furnished by the Board.

The Board shall cause true and faithful Records and Accounts to be kept of all its proceedings, and of all contracts entered into by it, and of all moneys received and expended by it under the authority of his Ordinance, and all such Records and Accounts shall be laid before every meeting of the Ratepayers, and shall be open to be inspected, at all reasonable hours, by any Ratepayer of the district, or by the Superintendent, or by any person appointed by him to inspect the same. A full abstract of such accounts with vouchers and papers relating thereto signed

by the Chairman or two members of the Board shall be laid before the annual meeting of Ratepayers.

14. Accounts of Board to be audited.

The Superintendent shall, with the advice of the Executive Council, appoint an Auditor for each district, who shall audit all the accounts thereof, and every Report of such Auditor, shall be laid before the next meeting of the Ratepayers, and a copy thereof shall be sent to the Superintendent, and shall be laid before the Provincial Council during the next Session of the same.

15. Board may employ officers.

The Board shall have power, from time to time, as it shall think fit, to employ all such Clerks, Treasurers, Collectors, Assessors, Surveyors, Engineers, Overseers, and other persons as may be required to carry this Ordinance into operation, and the same so often as it shall think fit to remove and employ others in their stead.

16. Board to have control of all roads drains &c. not private property.

All roads within the district shall be deemed at Law to be under the control and management of the Board, and it shall be the duty of the Board, out of any moneys in its hands available for such purpose, to make and maintain the same in good and efficient repair and to form cleanse and maintain such drains watercourses ditches and streams Provided that if it shall appear to the Superintendent upon the certificate of the Provincial Engineer or Officer acting in that capacity that any work being executed or proposed to be executed by the Board of any district in connection with any drain watercourse stream or ditch is likely injuriously to affect any adjoining district it shall be lawful for such Superintendent by writing under his hand to order such Board immediately to desist from the execution or further prosecution of such work and upon the receipt of such order such Board shall forthwith desist from the execution or further prosecution of such work as the case may be.

17. Expenditure by the Board regulated.

The Board shall expend any money paid to it under any Ordinance of the Superintendent and Provincial Council in accordance with the provisions of such Ordinance, and shall expend all money arising from rates levied within the district in the construction and maintenance of roads and upon the cleansing maintaining and repairing of streams or watercourses within the district upon the payment of the salaries of its Officers and all other respects incident to the proper transaction of the business of the Board and generally upon works of public utility of the district.

IV.—Respecting the Ratepayers Roll.

18. Contents of Ratepayers’ Roll.

There shall be within each district a Ratepayers' Roll, which shall contain the name, in order, of every person holding property within the district liable to be rated under the provisions of this Ordinance, together with an assessment of the

net annual value at which the same might reasonably be expected to be let from year to year, of land the land not being waste land of the Crown, and of all buildings, in respect of which, every such person shall be liable to be rated as hereinafter provided.

19. Preparation of Roll.

The Board shall on or before the first Tuesday in the month of August in each year cause the Ratepayers’ Roll to be revised and corrected both in respect to the names of the persons liable to be rated and in respect to the description of the rateable property entered therein.

20. Assessors to be appointed by Superintendent.

The Superintendent shall on or before the first Tuesday in the month of August in each year appoint for each district some competent person or persons to assess the value of the rateable property entered on the Ratepayers’ Roll for the district and such Assessor or Assessors shall enter the fair value of such property in such Roll and return the same to the Chairman of the Board on or before the first Tuesday in the month of September following.

21. Roll to be open for inspection.

The Board shall on or before the said first Tuesday in September give public notice of the place where such corrected Roll so assessed may be inspected and such Roll shall be open to the inspection of all Ratepayers and of all persons claiming to be affected thereby or of any person authorised by them in writing at all reasonable hours on every day not being a Sunday or public holiday until the first Tuesday in the month of October next following.

22. Revising Commissioners to be appointed by Superintendent; their duties and powers.

The Superintendent shall every year by notice in the “Government Gazette” appoint three competent persons who shall be called Revising Commissioners to revise the Ratepayers’ Roll for the several Roads Districts of the Province and may from time to time remove the same and appoint others in their stead Such Commissioners shall for the purposes of such revision sit together in open Court at the places either within or without the several districts as the Superintendent shall appoint by notice in the “Government Gazette” and at such times between the first of October and the thirtieth day of December in every year as the said Commissioners shall think fit and of which they shall give at least ten days’ notice in one or more newspaper circulating within the Province all questions to be determined by the said Commissioners shall be decided by a majority of their votes the said Commissioners shall have power to examine witnesses upon oath touching any of the matters to be enquired of by them which oaththey are hereby empowered to administer.

23. Notice of objection.

If any person shall object to such Ratepayers’ Roll on the ground of any error omission irregularity or overcharge therein or unfairness in the valuation of any property included therein shall on or before the twenty-third day of September give notice of such objection to the Chairman of the Board in the form set forth in Schedule B to this Ordinance or to the effect thereof and also to the person or persons affected by such objection unless he himself is the person so affected.

24. Revising Commissioners to hear and determine objections to Ratepayers’ Roll.

The Revising Commissioners shall hear and determine all objections to the Ratepayers’ Roll and shall after hearing all such objections and all evidence which may be offered relating thereto amend the said Roll in such manner as they shall think fit by adding thereto the name of any person omitted therefrom together with the description and assessed value of the property in respect of which he is liable to be rated or by erasing therefrom the name of any person erroneously entered therein or by altering the description or value of the property in respect of which any person is liable to be rated Provided that no such alteration shall be made unless it shall be proved to the satisfaction of such Commissioners that a notice relating thereto as provided in the last preceding section has been served in the manner prescribed by that section.

25. Revising Court may be adjourned.

The Revising Commissioner shall have power to adjourn any Court held by them from time to time as they may consider requisite for the due disposal of the business to be transacted thereat.

26. Fresh assessment may be ordered by Commissioners.

It shall be lawful for such Justices, if they shall think fit to order a fresh Assessment to be made of the value of any property to which any objection shall have been made, and to appoint such Valuators as they shall think fit to make such Assessment, and to order the cost of making such new Assessment to be paid out of any moneys at the disposal of the Board for the purposes of this Ordinance.

27. Corrected Roll to be signed by Commissioners.

The said Roll, when so amended, shall be signed by such Justices, and shall be the Ratepayers' Roll for the district, for the ensuing year, and shall continue in force until the same shall be amended and signed in like manner, in the year following.

V.—Respecting Rates.

28. District Road Rate.

It shall be lawful for the Board, from time to time, to make a rate or rates upon all the property within the district, as the same shall appear in the Ratepayers' Roll, and to order the days upon which such rate or rates, or any part thereof, shall become payable, and to order the proceeds of such rate to be expended in the construction and maintenance of the roads generally within the district, as the Board shall direct, or to order the proceeds of any such rate, or of any part thereof, to be expended in the construction or maintenance of any particular road or roads within the district: Provided that all the rates payable in any one year shall not exceed the sum of One Shilling in the Pound on the net annual value of such property.

29. Special local rate.

If at any time the persons liable to the payment of rates in any specific portion of any road district shall by a majority of two-thirds of their votes as provided in this Ordinance request the Board to impose a rate upon the rateable property in such portion of the district for the execution of any work of special benefit to that particular locality it shall be lawful for the Board to impose such rate accordingly and to apply the proceeds thereof to the execution of such work such rate so imposed shall be called a “Special Local Rate” and shall not in any one year exceed the sum of Two Shillings in the pound on the annual value of the property rated.

30. Rates to be on net annual value.

The rates shall be levied on the net annual value of all such lands buildings and tenements that is to say upon the annual rent at which the same might reasonably be expected to let if leased for a period not exceeding seven years.

31. Mode of striking rate.

Previously to making or levying any Rate the Board shall cause a list to be prepared 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 the property in respect whereof each such sum shall be payable and the time at which such rates shall be paid and when such list shall have been

ordered and approved by the Board the Board shall if it think fit order the rate therein described to be made and levied and the list to be signed by the Chairman thereof and the production of such list so signed by the Chairman thereof shall be evidence that the rate has been duly made by the said Board.

32. Rates to be paid on service of notice.

When any rate shall become due, the Board shall cause a notice, in the form set forth in the Schedule hereunto annexed, to be served by a Collector, duly authorised to receive the same, upon every person liable to pay such rate; and if such rate be not paid to such Collector, on the service of such notice, it shall be paid at the place named therein within thirty days after the service thereof, and if not paid within such thirty days, it shall be forthwith recovered as hereinafter provided.

33. Rates to be the property of the Board: and how recoverable. All rates, when made as hereinbefore provided, shall be deemed

to be the property of the Board, and may be recovered in a summary way, at the suit of any Collector duly authorised by the Board to collect and receive the same.

34. Rates by whom payable.

All rates payable in respect of land or buildings shall be paid by the occupier thereof or if there shall be no occupier such rates shall be paid by the owner thereof Provided that the owners of all rateable property of which the net annual value does not exceed ten pounds or which is let to weekly or monthly tenants shall be rated to and pay the rates instead of the occupier.

35. Joint occupation or ownership.

When any rateable property is jointly occupied or if unoccupied is jointly owned by more persons than one each of such persons shall be deemed to be the occupier or owner of rateable property of equal annual value to that of the whole of such first mentioned property divided by the number of such joint occupiers or owners thereof.

36. Rates may be remitted.

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

37. Rates how to be levied in case of change of occupation.

When the occupier of any rateable property shall have quitted the same without having paid all rates to which he shall have become liable in respect thereof and then payable by him the Board may either recover such rates from the person so having quitted or may elect to recover the same from the owner of the property who shall thereupon be liable to pay the same.

VI.—Respecting Meetings of Ratepayers.

38. Who may vote at ratepayers’ meeting.

Every person of full age, whose name shall appear on the Ratepayers' Roll, and who shall have paid all rates which he shall have been liable to pay under the authority of this Ordinance, and who shall be of sound mind, and shall not have been convicted of felony, shall be entitled to take part at an meetings of the Ratepayers of the district, and shall be entitled to vote thereat, according to the following scale, that is to say, every person who shall appear on the Ratepayers' Roll as liable to be rated in respect of property of net annual value, not exceeding Twenty-five Pounds, shall have one vote; in respect of property exceeding the

value of Twenty-five Pounds, and not exceeding Fifty Pounds, two votes; exceeding Fifty Pounds, and not exceeding One Hundred Pounds, three votes; exceeding One Hundred Pounds and not exceeding Two Hundred Pounds, four votes; and exceeding Two Hundred Pounds, five votes Provided that if in any road district there are six Ratepayers on the Ratepayers’ Roll or if no atepayers’ Roll has been completed every person whose name shall appear on the Electoral Roll for the time being in force for the election of members for the electoral

district or districts in which such road district is situated in respect of property situate within such road district and every householder resident within such road district shall be taken and deemed to be a ratepayer for the purposes of this Ordinance.

39. Chairman of Board to be Chairman of meeting.

The Chairman of the Board shall be Chairman of every meeting of Ratepayers, and if he shall not be present thereat, the Ratepayers present shall, before proceeding to any other business, elect a Chairman who shall preside at such meeting; and all questions coming before such meeting shall be determined by a majority of the Ratepayers present thereat, and the Chairman shall have a casting, but not an original vote thereat.

40. Annual and other meetings.

An annual meeting of the Ratepayers shall be held at the hour of noon, on the first Tuesday in the month of October in each year, and meetings of the Ratepayers shall be held at such other times, and at such places within the district as the Board shall appoint; and the Board shall give public notice of the time and place of all such meetings, and any such meeting may be continued by adjournment.

41. Chairman to cause minutes to be kept.

The Chairman shall cause to be entered in the Minute Book of Ratepayers' Meetings, which the Board shall keep for that purpose, and shall lay before every meeting of the Ratepayers true and faithful Minutes of all the proceedings of such meeting, and having signed the same, shall transmit such book to the Board.

42. Election of members of Board at annual meeting.

At the said annual meeting the Ratepayers shall elect Members to fill the vacancies occurring in the Board as hereinbefore provided, and the Chairman shall put the name of each Candidate separately to the meeting, and shall declare, according to the majority of the votes of the Ratepayers present, upon whom the election has fallen: Provided that the Chairman shall propose no person for election unless he shall be eligible to be a Member of the Board as hereinbefore provided, and unless he shall have declared, in writing, addressed to the Chairman, that he is willing to accept such office, and to fulfil the duties thereof.

43. If poll demanded.

If any Candidate shall demand a poll, such poll shall be held forthwith, and shall be closed at five o'clock of the same day, and such polling shall be conducted in accordance with the provisions of an Act of the General Assembly of New Zealand, entituled "The Regulation of Elections Act, 1858," and the Board shall make all necessary arrangements for such poll being held in accordance with such Act.

44. Special meeting may be called upon requisition of ratepayers.

Upon the requisition in writing of any ratepayers representing not less than one- tenth of the votes to which all the ratepayers on the Ratepayers' Roll for the district are entitled the Chairman shall within fifteen days of the receipt of such requisition call a public meeting of the ratepayers of the district giving not less than fourteen days' public notice thereof and specifying the business to be transacted thereat.

VII.—Respecting Tolls.

45. Erection of toll bars and imposition of tolls.

It shall be lawful for any District Board, subject to the approval of tolls. of the Superintendent, from time to time to erect toll-gates or bars, and toll-houses upon the roads and bridges within their respective districts, at such places as may to them seem convenient, and also, with such approval as aforesaid, to remove, whenever they may think fit so to do, such toll-gates or bars and toll-houses, and to impose tolls upon an animals and vehicles at a rate not exceeding the several sums set forth in the Schedule B to this Ordinance: Provided that her Majesty's mails, and persons in charge thereof, Police Constables on duty, and Prisoners, shall be exempt from tolls.

46. Collection of tolls.

All tolls payable under this Ordinance shall be payable to the respective Collectors to be appointed by the Road Board and if any person liable to the payment of such tolls shall after demand thereof neglect or refuse to pay such toll the Collector thereof may seize and distrain any animal carriage or other vehicle

in respect of which such toll is payable or the goods and chattels of any person so neglecting or refusing to pay and if such toll with reasonable charges for such seizure and distress shall not be paid within five days the animals goods or chattels seized may be sold and the proceeds applied in payment of such tolls and the charges occasioned by such seizure distress and sale of the surplus (if any) of such proceeds shall be paid on demand to the owner thereof or such tolls may in lieu of such distress be recovered by such Collector by the ordinary process of law.

47. Table of tolls to be put up and tickets provided.

Before any toll shall be demanded at any toll-gate to be erected as aforesaid, the

Board shall cause to be put up and maintained at every toll-gate within their

respective districts, a table, painted in legible black letters, on a board with a white ground, containing at the top the name of the gate, distinguishing the several tolls, together with the Christian name and surname of the Toll Collector, and also a List of the several gates (if any) which shall be cleared by the payment of toll at the toll-gate or bar where such table of tolls shall be affixed; and the said Board shall also, where more than one gate shall be erected in the district, provide tickets denoting the payment of toll, and on such tickets shall be

specified the name of the gate at which the same respectively shall be delivered, and also the names of the several gates freed by such payment, one of which tickets shall be delivered gratis to the person paying the toll, and on production of such ticket at any gate or gates therein mentioned as being cleared as aforesaid by payment of the toll at the gate here such ticket was delivered, the person producing the same shall, on the day of the issue thereof, pass through the gate or gates therein mentioned without paying any further or additional toll for the same animal or vehicle.

48. Overcharge or misbehaviour of Toll Collector.

Every Toll Collector appointed under the authority of this Ordinance, who shall take more or less toll than authorised as aforesaid or who shall refuse to give his name to any person demanding the same after having paid the toll, or who shall in any wise hinder any person from reading the inscriptions on such aforesaid table, or who shall unnecessarily detain, or wilfully obstruct or hinder any Passenger from passing through any toll gate, or who shall use any abusive language to any Traveller or Passenger, shall, for every such offence, forfeit and pay any sum not exceeding Five Pounds.

49. Evasion of toll.

Any person forcing his way through any toll-gate or bar, or evading the payment of any toll for passing through, or fraudulently claiming exemption from toll, shall forfeit and pay for every such offence any sum not exceeding Five Pounds.

50. Leasing of tolls.

It shall be lawful for any Board, subject to the approval of the Superintendent, from time to time, to farm out, for any term not exceeding three years, an or any of the tolls authorized to be collected by this Ordinance, together with any toll- bar, toll-gate, and house; such farming out to be either by tender, to be advertised for at least three consecutive weeks in the public Newspapers, and to be published in the Provincial Government Gazette; or by public auction, duly advertised in like manner; and such security shall be taken by the said Board as they shall think fit for the due performance of the conditions of the lease of any tolls; and any person to whom such tolls may be leased, shall, for the purposes

of this Ordinance, be deemed to be a Collector thereof, duly appointed under the powers of this Ordinance: Provided that previously to so letting out, the Board shall fix the maximum rate of toll which shall be demanded within the limits prescribed by the Schedule A to this Ordinance, and shll in no case decrease the amount of tolls without the consent, in writing, thereto of the Lessee.

51. Expenditure of tolls: accounts to be kept.

All tolls levied under the authority of this Ordinance, shall, after deducting the expenses of collecting the same, be expended in making and maintaining the roads whereon such tolls shall from time to time be collected.

VIII.—Miscellaneous.

52. Power of entry on private lands.

The Board shall have power by itself or its officers to enter at all reasonable hours in the day-time into and upon and land buildings and premises within the district without being liable to any legal proceeding on account thereof Provided always that except when herein otherwise provided the Board or its officers shall not make any such entry unless with the consent of the occupier until after the expiration of twenty-four hours’ notice for that purpose given to the owner or occupier.

53. Board may temporarily stop thoroughfare.

The Board may stop up any road and prevent the same from being used as a common thoroughfare for a reasonable time during the execution of any work authorised by this Ordinance.

54. Protection against accident: penalty for interfering with barriers &c.

The Board shall during the execution of any work or the stoppage of any road take proper precaution for guarding against accident and if any person shall without the authority or consent of the Board take down alter or remove any bar chain or other protection or extinguish any light placed at or near to any bar chain or work for protection he shall for every such offence on conviction thereof before any Justice of the Peace be liable to a penalty not exceeding five pounds or be imprisoned for any period not exceeding fourteen days.

IX.—Protection of Officers.

55. Members and officers not personally liable.

No act done by any member or officer of the Board acting under the direction of the Board and bona fide for the purposes of carrying into operation any of the provisions of this Ordinance shall subject such member or officer personally to any action suit or demand whatever but the responsibility of such act shall lie upon the Board.

56. Penalty for obstructing officers, &c.

Any person who shall obstruct or attempt to obstruct any member or officer of the Board acting in the execution of this Ordinance shall be liable to a penalty not exceeding Ten Pounds.

X.—Initiatory and Suspending Clauses.

57. Members and Officers not personally liable.

At the annual meeting, to be held on the first Tuesday in October, one thousand eight hundred and sixty-four, three of the Members, who shall be chosen by lot, shall retire from the Board, and three other Members shall be elected in their room, as herein provided.

58. Formation of Ratepayers’ Roll for new districts.

The Superintendent shall appoint some competent person to form the first Ratepayers’ Roll for the Levels Cust Pigeon Bay and Okain Bay Districts and to make such alterations in the Ratepayers’ Rolls for the districts whereof the boundaries are altered by this Ordinance as such alteration of boundaries may render necessary Such Rolls shall be formed and such alterations shall be made from the Ratepayers’ Roll prepared and revised under the provisions of the said recited Ordinance so soon as the same shall have been so revised there shall be placed on the Roll for each district every ratepayer whose name shall appear on any Ratepayers’ Roll revised as above mentioned as the owner or occupier of

any property situated in such district together with the full particulars an assessed value of his property every Ratepayers’ Roll formed or altered under the provisions of this Section shall be taken and deemed to have been and shall be

as valid and effectual to all intents and purposes as if the same had bee formed under Sections 18 19 20 21 22 23 24 25 26 27 of this Ordinance.

59. First Board in new districts when to be elected.

The first meeting of ratepayers for the election of a Road Board in the Pigeon Bay Okain Bay Levels and Cust Districts shall be held at such time and place as the Superintendent shall appoint so soon as practicable after the Ratepayers’ Roll for such Districts shall have been formed as hereinbefore provided.

60. If Ratepayers or Board do not act Superintendent may appoint a

Commissioner.

If, at any time, the Ratepayers of a district shall refuse or neglect to elect Members of the Board, or if the Members of the Board shall refuse or neglect to carry this Ordinance into operation, or to resign their seats thereat, and to make due provision for the election of other Members in their room, the Superintendent shall, with the advice of the Executive Council, by Proclamation, published in the Provincial Government Gazette, declare the powers of such Board to be suspended, and shall, by such Proclamation, appoint a Commissioner for such district, and all the powers, rights, privileges, and duties of such Board, shall,

from the date of such Proclamation, vest in, and be exercised by such Commissioner, on behalf of the Board, and the Superintendent shall cause such salary as he shall think fit to be paid to such Commissioner out of any funds belonging to the Board, and applicable to the use of the district under the

provisions of this Ordinance: Provided that such Commissioner shall be guide in the performance of his duties by such Instructions as he shall receive from the Superintendent in that behalf.

61. Commissioner to make Ratepayers’ Roll if not previously made: Ratepayers may again elect Board.

It shall be the duty of such Commissioner, if no Ratepayers' Roll shall have been made, to cause a Ratepayers' Roll to be made and revised in the manner herein provided, and if at any time after the elect Board making thereof, the Ratepayers shall, at the annual meeting, elect five Members to form a Board, such Members shall constitute the Board under the authority of this Ordinance, and the appointment of the Commissioner, together with all his powers, shall thereupon cease and determine, and at the next annual meeting after such election, three of the Members, to be chosen by lot, shall retire from the Board, and three other Members shall be elected in their room, as hereinbefore provided.

62. Penalties: how recoverable.

All Rates, Tolls, Fines and Penalties, imposed under this Ordinance, shall be recoverable in a summary way and no such penalty shall exceed the sum of one hundred pounds.

63. Title.

This Ordinance shall be entituled and may be cited as “The Road Districts

Ordinance, 1864.”

Schedule A.

1. THE WAIPARA (formerly North Sefton) DISTRICT comprises that portion of the Province bounded on the north by the Province of Nelson; on the east by the sea, on the south by the south bank of the River Waipara to the summit of the Pass north of Runs Nos. 165,166, 168, and a line from thence to Ashley Head, Esk Head, Snowy Peak, and the Teramakau Saddle.

2. THE KOWAI (formerly South Sefton) DISTRICT comprises that part of the Province bounded on the north by the North Sefton District, on the east by the sea, on the south by the south bank of the River Ashley to its source at Ashley Head.

3. THE CUST DISTRICT comprises that portion of the Province bounded on the North by the Kowai District on the East by the true north and south line drawn through Trig. pole C 30 on the bank of the Waimakariri to the south bank of the River Ashley on the South by the south bank of the Waimakariri and on the West by the boundary line between Runs Nos. 2 and 29 14 and 34 108 class 2 and 35

119 and 135

4. THE OXFORD DISTRICT comprises that portion of the Province bounded on the north by the Waipara and Kowai Districts and the Province of Nelson, on the east by the Cust District on the south by the south bank of the Waimakariri to the head waters of its westermost source and a true west straight line to the West Coast on the West by the sea.

5. THE MANDEVILLE AND RANGIORA DISTRICT comprises that portion of the Province bounded on the North by the south bank of the Ashley; on the east by the sea, on the south by the south bank of the River Waimakariri, from trig.- pole C 30 to the sea, on the west by the Cust District, save and except the town of Kaiapoi, as hereinafter described.

6. THE TOWN OF KAIAPOI DISTRICT comprises the town of Kaiapoi, as described in the Schedule to the " Town of Kaiapoi Town Ordinance, Session VIII., No. 7, and the remainder of Rural Section No. 320.

7. THE AVON (formerly East Avon) DISTRICT comprises that portion of the Province bounded on the North by the south bank of the River Waimakariri, from the sea to its junction with the western side of the North Road, forming the eastern boundary of Section 812; on the east by the sea; on the south by the north boundary of the city of Christchurch, and the north bank of the River Avon to the sea; on the west by the western side of the main North Road to the city of Christchurch District.

8. THE RICCARTON (formerly Central Avon) DISTRICT comprises that portion of the Province bounded on the north by the south bank of the River Waimakariri, on the east by the East Avon district and the western boundary of the city of Christchurch electoral district, on the south by the north-west side of the Lincoln Road to Archer's Bridge and the north-east side of the Lincoln and Riccarton Junction Road to its junction with the Great South Road; the south side of the Great South Road to its junction with the south side of the Harewood Road by Riccarton, to a point in a line with the west side of the Prebbleton and Kaiapoi Junction Road, on the west side of the Prebbleton and Kaiapoi Junction Road to the Waimakariri, at the north-east corner of Rural Section No. 2197.

9. THE TEMPLETON (formerly West Avon) DISTRICT comprises that portion of the Province of Canterbury bounded on the north by the south bank of the Waimakiriri, on the east by the Central Avon District to the south side of the

Great South Road; on the south by the south side of the Great South Road, on the west by a true north and south line through trig.-pole C 30 to a point on the south side of the Great South Road.

10. THE HEATHCOTE (formerly East Heathcote ) DISTRICT comprises that portion of the Province bounded on the north by the East Avon District and the city of Christchurch; on the east by the sea; on the south by the Port Victoria

Electoral District, on the west by the west side of the Dyer's Pass Road, and the west side of the continuation of Colombo-street south, to the city of Christchurch.

11. THE SPREYDON (formerly Central Heathcote) DISTRICT comprises that portion of the Province bounded on the North by the city of Christchurch and the Central and West Avon Districts; on the east by the East Heathcote District; on the south by the south bank of the River Heathcote to the south side of the Canal Reserve and the south bank of the River Halswell to the old river bed, and the west edge of the old river bed to the Great South Road.

12. THE HALSWELL (formerly South Heathcote) DISTRICT comprises that portion of the Province bounded on the north by the Central Heathcote district on the east by the East Heathcote district and the boundary of the Port Victoria electoral district; on the south by the boundary of the Port Victoria electoral district; on the west by the west side of the River Halswall.

13. THE LINCOLN (formerly East Lincoln) DISTRICT comprises that portion of the Province bounded on the north by the Central Heathcote and West Avon districts and the south side of the Great South Road; on the east by the South Heathcote district and the west bank of the River Halswell; on the south by the north bank of the Halswell, and the north side of the road from the thirteen-mile bridge to trig.-pole L 1, and the north side of the Lincoln and Coal Tramway Road to its junction with the Weeden and Springs Road, and the east side of the Weeden and Springs Road to its junction with the Great South Road.

14. THE SPRINGS (formerly West Lincoln) DISTRICT comprises that portion of the Province bounded on the north by the East Lincoln district and the south side of the Great South Road; on the east by the west bank of the river Halswell, on the south by the edge of Lake Ellesmere and the north bank of the River Selwyn.

14. THE PORT VICTORIA DISTRICT comprises that portion of the Province bounded on the east by the north-east boundary of the Native Reserve at Raupaki a straight line from the south-east corner of the said Native Reserve across the Harbour to the Church Gully in Church Bay the Church Gully to the Mount Herbert Peak Road the west side of the Mount Herbert Peak Road to a point where it is intersected by a straight line from Mount Herbert Peak to the Head of Little River on the South by a straight line from Mount Herbert Peak to Mount Herbert a straight line from Mount Herbert through L 1 to the ridge of the Port Hills and on the West by the ridge of the Port Hills.

15. THE PORT LEVY DISTRICT comprises that portion of the Province bounded on the north by the sea, on the east by a line bearing S 8 degrees 30 E. (magnetic) drawn from a point half way between the east head of Port Levy and the west head of Pigeon Bay to the south side of the Purau and Akaroa Road on the south by the south side of the Purau and Akaroa Road and the Mount

Herbert Peak Road and on the west by the Port Victoria District.

16. THE PIGEON BAY DISTRICT comprises that portion of the Province bounded on the north by the sea on the east by the ridge of the Spur between Decantur Bay and Little Akaroa to a point where it meets the highest ridge of the hills on the South by the highest ridge of the hills and the Akaroa and Purau Road and on the West by the Port Levy District.

THE OKAINS BAY DISTRICT comprises that portion of the Province bounded on the north and east by the sea on the south by the highest ridge of the hills and

the spur leading to Putakolo Head and on the west by the Pigeon Bay District.

17. THE TOWN OF AKAROA AND WAINUI DISTRICT comprises that portion of the Province bounded on the north by the highest ridge of the hills and the spur leading to Putakolo Head; on the east and south by the sea; on the west by the Port Levy and Little River districts.

20. THE LITTLE RIVER DISTRICT comprises that portion of the Province bounded on the north by the East Lincoln, the South Heathcote, and Port Victoria districts; on the east by the Port Levy and Wainui districts; on the south by the sea; on the west by the east shore of Lake Ellesmere and the West Lincoln district. [incorrect. old board names.]

21. THE COURTENAY (formerly East Rakaia) DISTRICT comprises that portion of the Province bounded on the north by the south bank of the Waimakariri; on the east by the West Avon, East Lincoln and West Lincoln districts; on the south by the Selwyn and the Hororata branch of the Selwyn to the east boundary of Run No. 37; on the west by the east boundary of Run No.

37 to the south bank of the Wakaepa branch of the Selwyn, thence south- easterly along the south bank of the Wakaepa, to a point opposite to and in a line with the east boundary of Run No. 41, thence north-easterly by the boundary of Run No. 41 to the south bank of the Waimakariri.

22. THE ELLESMERE (South Rakaia) DISTRICT comprises that portion of the Province bounded on the north by the Springs District on the east by Lake Ellesmere; on the south by the sea and north bank of the Rakaia; on the west by the west side of the Great South Road.

23. THE MALVERN (formerly North Rakaia) DISTRICT comprises that portion of the Province bounded on the north and east by the south bank of the Waimakariri and the Courtenay District; on the south by the Wakaepa branch of the Selwyn to its junction with a creek running from the Thirteen-mile Bush; thence north-westerly in a straight line to the southernmost point of Lake Lyndon; thence in a straight line to the southernmost point of the Black Range, thence following the summit of the range to the head waters of the Waimakariri.

24. THE RAKAIA (formerly West Rakaia) DISTRICT comprises that portion of the Province bounded on the north by the Oxford, North and East Rakaia districts; on the east by the South Rakaia district; on the south by the north bank of the Rakaia to its south-westernmost source, thence by a straight line due west true to the West Coast, and on the west by the sea.

25. THE ASHBURTON DISTRICT comprises that portion of the Province bounded on the north by the Ellesmere and Rakaia Districts, on the east by the sea, on the south by the north bank of the Rangitata to the source of its north- west branch, and a true west line thence to the West Coast; on the west by the sea.

26. THE GERALDINE DISTRICT comprises that portion of the Province bounded on the north by the Ashburton district; on the east by the sea, on the south by the south bank of the Opihi to its source near Burke's Pass, and a straight line thence to the summit of Burke's Pass; on the west by the ridge of the hills dividing the waters of the Opihi and Rangitata from the waters of the

Tekapo.

27. THE TOWN OF TIMARU comprises that portion of the Province bounded on the north and east by the sea; on the south by the north boundary of section No.

1702, the north side of a road lying to the north of section No. 2367, the Cemetery Reserve No. 1706, and the north boundaries of sections Nos. 1606 and 1607; on the west by the east boundary of section No. 1606, the east and north boundary of section No. 707, the east boundary of section No.1652, till it meets Whale's Creek to the sea.

28. THE LEVELS DISTRICT comprises that portion of the Province not include in the Town of Timaru hereinbefore described and bounded on the north by the Geraldine District on the East by the sea on the South by the north bank of the Pareora on the west by Section No. 6192 on the south bank of the River Opihi following the watercourse therefrom to the east bank of the River Tengawai the east bank of the River Tengawai to a point opposite Section No. 5209 crossing the river and following down a small stream to the River Pareora.

29. THE WAIMATE DISTRICT comprises that portion of the Province bounded on the north by the Levels District the south bank of the Pareora to its westernmost source an east and west line from thence to the Hekateramea on the east by the sea on the south by the Province of Otago on the west by the east bank of the Hekataramea.

30. THE MOUNT COOK DISTRICT comprises that portion of the Province bounded on the north by the Ashburton district; on the east by the Ashburton, Geraldine, and Levels Districts; on the south by the Waimate District and the Province of Otago; and on the west by the sea.

Schedule B.

To the Chairman of the Road Board.

I hereby give notice that I object to the following portion of the List of Ratepayers for the District now depositedd for inspection [here state place where Roll is deposited for inspection and the part objected to] that the following are the grounds of my objection [here state the grounds of objection] and that I shall appear in support of such objection at the Meeting of the Revising

Commissioners to be held for the revision of such Roll.

Signature of Objector ... ... ... ... ... ... ... Description ... ... ... ... ... ... ... ... ... ... Address ... ... ... ... ... ... ... ... ... ... ...

Schedule C.

Notice of Assessment. District of .

Notice is hereby given that at a meeting of the Board of the said district, duly held on the day of at it was resolved to adopt a rate of

in the Pound upon the assessment of the said District, and all persons whose names appear in the assessment for such District for the current year are hereby required, within fourteen days after the publication thereof, to pay the amount of such rate, according to the sum at which they appear to be assessed in such assessment to at his residence, at the said being duly authorised to receive such rates.

Dated

(Signed) Chairman

Schedule D.

For every horse, ass, or mule ... ... ... ... ... ... For every beast carrying a burden ... ... ... ... For all horned or neat cattle, per head ... ... ... For every wheeled vehicle drawn by one horse

or other being duly authorised to receive such rates ... ... ... ... ... ... ... ... ...

... ... ... ... ...

For every additional horse or beast drawing such vehicle ... ... ... ... ... ... ...

... ... ... ... ... ...

For every sheep, lamb, goat, or pig, in one drove, not exceeding 100 ... ... ... ... ...

... ... ... ... ... ...

For every additional sheep, lamb, goat, or pig ...

Sixpence. Sixpence. Fourpence.

One Shilling. Sixpence. One Penny.

^Halfpenny.

Passed by the Provincial Council on 17th September 1863, and reserved for the assent of the Governor, who assented. This was notified in NZG, No 66, 23rd December, 186