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Canterbury Provincial Ordinances |
7. The Roads Ordinance 1869.
[September 4, 1869.]
Whereas it is expedient that provision should be made for the construction
and maintenance of roads within the Province:
Be it therefore enacted by the Superintendent and Provincial Council of the
Province of Canterbury as follows:
I. Repealing and Interpretation Clauses.
1. Repealing clause.
The several Ordinances specified in Schedule A to this Ordinance shall be and
the same are hereby repealed Provided always that every
Ratepayers' Roll made or
revised or partially made or revised under the provisions of the said repealed
Ordinances or any of them
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taken in execution of the said repealed Ordinances
shall be deemed to have been
elected appointed done or taken under this Ordinance Provided also that the
provisions of “The
Timaru and Gladstone Board of Works Act 1867”
shall extend to the Road Boards of each Road District situate within the
electoral
districts of Timaru and Gladstone in like manner as if the same were
formed under the provisions of “The Roads Ordinance 1864.”
2. Interpretation clause.
In the interpretation of this Ordinance the words “The District”
“The Board” “The Ratepayers’
Roll” shall mean any
District any Board and any Ratepayers’ Roll as the same are severally
constituted by the provisions
of this Ordinance the word “Ratepayer”
shall mean every person of full age whose name shall appear on the
Ratepayers’
Roll for the time being and who shall have paid all rates due
from and payable by him under this Ordinance and who shall be of sound
mind and
shall not have been convicted of felony 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
six 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 ordinary abode or place
of business within the district
then by affixing the same to some conspicuous
place on the land in respect of which such person shall be liable to be rated or
by
delivering the same to his known agent and the word “Road” shall
be held to mean any public street road lane bridle road
footpath bridge or other
works included within a reserve for a road laid out on the authenticated map of
the Chief Surveyor or which
shall have been duly dedicated and set apart as a
public road and the word “Property” shall mean all property liable
to be rated whether freehold leasehold or personal The term
“Gazette” shall mean Provincial Government Gazette except
where
otherwise expressed.
II. Respecting Districts.
3. Districts.
Every District set forth and described in the Schedule B 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 January 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. No person eligible as a member of the Board unless he has paid all rates. No person shall be eligible to be elected as a Member of the Board unless he shall be a Ratepayer of the District 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 of 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 above the value of Ten Pounds 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 or shall 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 and 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 Such election shall be conducted in the same manner as the election at the Annual January Meeting of the Ratepayers.
6. Penalty for acting on Board or voting if 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 due course of law upon the information
of any Ratepayer of the
District.
7. Board to be 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 (as the case may be)
and under such name shall have perpetual succession and a common seal with power
to alter break and
renew the same 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.
8. Election of Chairman.
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 and such Chairman shall have the same
power
at such meeting as the elected Chairman.
9. In case of a vacancy another Chairman to be elected by Board.
If the Chairman shall cease to be a Member of the Board he 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.
10. Three to form a quorum.
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.
11. No act of Board to be invalid through a vacancy having occurred.
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.
12. Board to keep true and faithful records of its proceedings and accounts.
The Board shall cause true and faithful records to be kept of all its
proceedings and of all contracts entered into by it and accounts
of all moneys
received and expended by it under the authority of this 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 the Ratepayers.
13. Board to expend monies.
The Board shall expend all 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 and all other moneys received
by it under the provisions of this
Ordinance in the construction and maintenance of roads and upon the cleansing
maintaining and
repairing of streams drains or watercourses within the district
in the payment of the salaries of its Officers and all other expenses
incident
to the proper transaction of the business of the Board and generally upon works
of public utility to the district.
14. Accounts.
Every Board shall submit its accounts every year to the Provincial Auditor
whose duty it shall be to audit the same and whose certificate
shall be laid
before the next meeting of Ratepayers and a copy thereof together with any
report of such Auditor shall be sent to
the Superintendent within three months
from the commencement of each year The Provincial Auditor shall appoint the time
and place
within each District at which he will hold such audit and the Chairman
of the Board shall cause a full abstract of the accounts of
the Board together
with all vouchers for the payment of moneys and any papers relating thereto to
be produced before such Auditor
and if upon the examination of such accounts the
certificate of the Auditor shall be withheld by reason of the non-production of
such vouchers or full abstracts of accounts it shall be the duty of the
Provincial Auditor to report the same to the Superintendent
and it shall then be
lawful for the Superintendent to withhold his warrant for the issue of any
moneys voted by the Provincial Council
for the service of such Road Board until
the Auditor shall have reported that he has issued his certificate.
15. Board may employ such Officers as it may require.
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 and management of drains watercourses.
All roads drains watercourses streams ditches and the like not being private
property within the district and not being within the
jurisdiction of any
Conservators appointed under the provisions of " The Canterbury Rivers Act 1868"
shall be deemed at law to be
under the control and management of the Board and
it shall be lawful for the Board to cleanse and clear all natural watercourses
within the district from all accumulation of vegetable and other matter
calculated to obstruct the flow of water therein whether
such watercourses run
through private property or not and for such purpose the Board by its Officers
may enter on all private property
within the District upon giving twenty-four
hours previous notice in writing to the occupier thereof 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. Penalty for obstruction of drain watercourse &c.
Any person placing obstructions in any drain watercourse ditch or stream
within the district and not being within the jurisdiction
of any Conservators
appointed under the provisions of any Act in force for the time being for the
conservation of rivers to the detriment
of any public right shall be liable to a
penalty of not less than One Pound or more than Ten Pounds to be recovered in a
summary
way.
IV. Respecting The Ratepayers’ Roll.
18. Ratepayers’ Roll.
There shall be within each District a Ratepayers' Roll according to the form
given in Schedule G to this Ordinance which Roll shall
contain the names in
alphabetical order of all persons occupying property within the District liable
to be rated according to the
provisions of this Ordinance and also the names of
the owners thereof and also in like alphabetical order the names of all persons
having the charge control or management of any sheep within the District
together with the number of such sheep above the age of
twelve months And such
Roll shall also contain the several particulars specified under each heading in
the said form Provided that
whenever the name of any owner liable to rated or to
be inserted in such roll cannot after diligent enquiry be ascertained it shall
be sufficient to designate such owner as the " Owner " of the property rated
without stating his name.
19. Board to cause Ratepayers’ Roll to be revised.
The Board shall on or before the first Tuesday in the month of September 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 and shall also cause the annual value
of such property to be assessed and entered on such Roll.
20. Ratepayers’ Roll to be open for inspection.
The Board shall cause copies of the Ratepayers' Roll to be left for
inspection at one or more places within the District and each
Board shall
exhibit one copy of the Roll at the office of the Secretary for Public Works
Christchurch and shall on or before the
said first Tuesday in September give
public notice of the places where such corrected Roll and copies 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.
21. Superintendent to appoint Revising Commissioner.
The Superintendent shall every year by notice in the Government Gazette
appoint a competent person who shall be called Revising Commissioner
to revise
the Ratepayers ‘Rolls for the several Road Districts of the Province and
may from time to time remove such person
and appoint another in his stead Such
Commissioner shall for the purposes of such revision sit in open court at such
place 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
day of October and the Thirtieth day of December in every year as the said
Commissioner shall think fit and of
which he shall give at least six days notice
in one or more newspapers circulating within the Province. The said Commissioner
shall
have power to examine matters upon oath touching any of the matters to be
enquired of by him, which oath he is hereby empowered to
administer.
22. Objections to Ratepayers’ Roll to be given in form set forth in Schedule C.
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 he 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 C 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;
23. Notice of objection when to be given.
The notices of objection to any Ratepayers' Roll may be given at any time not
less than Seven Days previous to the time appointed
by the Revising Commissioner
for revising such Roll anything herein contained to the contrary
notwithstanding.
24. Revising Commissioner to hear and determine objections.
The Revising Commissioner 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 he 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 Commissioner that a notice relating thereto as provided in
the last preceding section
has been served in the manner prescribed by that
section.
25. Revising Commissioner may adjourn any Court held by him.
The Revising Commissioner shall have power to adjourn any Court held by him
from time to time as he may consider requisite for the
due disposal of the
business to be transacted thereat.
26. Revising Commissioner may order a fresh assessment to be made.
It shall be lawful for such Revising Commissioner if he shall think fit to
order a fresh assessment to be made of the value of any
property included in any
Ratepayers' Roll whether any objection shall have been made thereto or not and
to appoint such valuators
as he 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. Roll to be signed by Revising Commissioner.
The said Roll when so amended shall be signed by such Revising Commissioner
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. Board may make rate to be called a district road rate.
It shall be lawful for the Board from time to time to make a rate or rates to
be called a District Road Rate upon all lands buildings
tenements and sheep
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 Provided that no such rates may be made or levied on any Iand 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 school-house provided it be
inhabited only by the master or mistress of said school or his or their family
No such rate, shall
in any one year exceed the sum of One Shilling in the pound
on the annual value of the property rated.
29. Board may levy rate to be called a “Separate” rate.
When it appears to the Board that any work or improvement is for the special
benefit of any particular portion of the District the
Board may for defraying
the expenses incurred in doing or executing such work by special order
distinctly defining such portion and
approved by the Superintendent make and
levy a rate or rates to be called a " separate " rate equally on all rateable
property situated
within such portion and no such rate or rates made in any one
year shall exceed in the aggregate the amount of two shillings in the
pound of
the annual value of such property Provided always that public notice shall be
given of the intention to levy such a rate
at least one month before the same is
levied and if within such time a protest be left at the office of the Board
signed by at least
one-half of the Ratepayers within such portion reckoned
according to their votes then such rate shall not be levied and such separate
rate so levied shall be expended only for the purposes for which the same has
been made anything herein contained to the contrary
notwithstanding.
30. Rate to be levied on net annual value of lands buildings tenements and sheep.
The rates shall be levied on the nett annual value of all such annual value
of lands buildings tenements and sheep For the purposes
of this Ordinance the
nett annual value of all such lands buildings and tenements shall be taken to be
the annual rent at which the
same might reasonably be expected to let if leased
for a period not exceeding seven years and the nett annual value of sheep shall
be taken to be at the rate of forty-five pounds for every thousand
sheep.
31. Previously to levying rate Board to cause list to be prepared setting forth amount of proposed rate and names of persons liable for rate which shall be signed by Chairman.
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 rate shall be paid and when such list shall have been
completed
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 shall be evidence
that the rate has been duly made by
the said Board.
32. When rate becomes due notice to be served in form set forth in
Schedule D.
When any rate shall become due the Board shall cause a notice in the form set forth in the Schedule D hereunto annexed to be served by Collector duly authorized 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 Provided that no legal proceedings shall be commenced for the recovery of any unpaid rate or part of a rate after the expiration of three months from the time appointed by the Board for the payment of such rate excepting under " The Sale of Land for the Non-payment of Rates Act 1862.”
33. Notice in form set forth in Schedule E to be sent through post to persons not resident in the district.
The Board shall within fourteen days after the completion of the Roll for
each year cause a notice in the form or to the effect in
the Schedule E to this
Ordinance to be sent through the post to any person or persons on the said Roll
who shall not be actually
resident within the district addressed to his last
known place of abode within the Province of Canterbury but not elsewhere and in
no case shall a person residing out of the district be liable for rates unless a
notice has been posted to him at his residence or
last known place of abode
within the Province of Canterbury and copies of the Ratepayers' Roll of the
district have been exhibited
in accordance with the provisions of this
Ordinance.
34. Rates to be the property of the Board and to be recovered at suit of the
Collector.
All rates when made as hereinbefore provided shall be deemed to be the
property of the Board and may be recovered at the suit of any
Collector duly
authorised by the Board to collect and receive the same.
35. Rates by whom payable.
All rates payable in respect of land buildings or tenements shall be paid by
the occupier thereof whether his name appear on the Ratepayers'
Roll or not 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 nett 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 All rates payable in respect
of sheep shall and maybe recovered either from the owner
thereof or the person
under whose charge control or management such sheep shall be at the time of the
levying of such Rate Provided
always that nothing in this Ordinance shall be
construed to affect the liability of any owner to repay to any person under
whose
charge control or management any such sheep shall have been at the time of
the levying of any rate any sum or sums of money which
he shall have been called
upon to pay under the provisions of this Ordinance Provided always that in the
preparation of such Ratepayers'
Roll there shall be deducted from the number of
sheep in respect of which any person is liable to be rated one sheep for every
acre
of natural grass land and five sheep for every acre of enclosed land laid
down in artificial grasses in each district in respect
of which he is liable to
be rated.
36. In case of property jointly occupied or owned who to pay rate.
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.
37. Rate may be remitted in case of poverty.
It shall be lawful for the Board if it shall be represented 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.
38. Rate how recoverable in case of an occupier having quitted property without paying rate.
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 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. Meetings of Ratepayers.
39. Who entitled to take part at meetings of Ratepayers.
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 shall be entitled to
take a part at all 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 nett 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 not six Ratepayers
on the Ratepayers'
Roll or if no Ratepayers' 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 situated within such road district and every
householder reside within such road district shall be taken and
deemed to be a
ratepayer for the purposes of this Ordinance.
40. Chairman of Board shall be Chairman of meeting of Ratepayers.
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 votes of the Ratepayers present thereat and the Chairman shall have a casting as well as an original vote thereat.
41. Annual meeting of Ratepayers shall be held.
An annual meeting of the Ratepayers shall be held at the hour of noon in the
first week in the month of January in each year at such
place within the
district as the Board shall appoint and other 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.
42. Minutes of meetings 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 shall sign
the same.
43. Vacancies in Board to be filled 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 given personally or by proxy 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.
44. Of demanding a Poll.
If any candidate shall demand a poll such poll shall be held forthwith and
shall be closed at four 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 intituled “The
Regulations of Elections Act 1858 “ and
the Board shall make all necessary arrangements for such poll being held in
accordance
with such Act and the Chairman of the Road Board or some person
authorised by him in writing shall be the presiding officer at such
election.
45. Chairman to call public meeting of Ratepayers upon requisition.
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.
46. Board may erect toll gates subject to approval of Superintendent.
It shall be lawful for any Board subject to the approval 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 and levy tolls
upon all animals and vehicles at a rate not exceeding
the several sums set forth in the schedule to this Ordinance Provided that
Her
Majesty's mails and persons in charge thereof and volunteers on duty police
constables on duty and prisoners in their charge
shall be exempt from tolls
Provided also that if the Superintendent shall be satisfied that any road or
bridge or ferry at which
such tolls are payable is in such a state of repair as
to be dangerous it shall be lawful for him to direct that such tolls shall
cease
to be payable until the same has been effectually repaired and thereupon such
tolls shall cease to be payable accordingly.
47. Tolls to be paid to collectors appointed by the Board.
All tolls payable under this Ordinance shall be payable to the respective
Collectors thereof 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.
48. Table of tolls to be put up and maintained at toll-gate.
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 such toll-gate 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 where 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.
49. Penalty for taking more or less toll than authorised.
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 anywise 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.
50. Penalty for forcing way through toll-gate or evading payment.
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 the proof of such exemption shall
lie upon the person claiming
it.
51. Board may farm out tolls subject to approval of Superintendent.
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 all or any of the tolls authorised 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 H to this Ordinance and shall in no
case decrease the amount of tolls without the consent
in writing thereto of the
lessee.
52. Tolls to be expended in making and maintaining roads and bridges.
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 or bridges whereon such tolls shall from time to time be collected The
Board shall keep a separate account
of the tolls received by it at each toll
gate toll-bar or bridge and also of all moneys expended upon the same and on the
roads or
bridges on which the same are placed respectively.
53. If road upon which toll shall be payable pass through or into two or more Districts Superintendent to judge how tolls shall be shared.
If any road whether the same be a main road or not shall pass or extend
through or into two or more Districts and if Toils shall be
payable thereunder
upon such road to the Board of any such District and if such road be commonly
used for direct traffic by persons
passing with animals or vehicles along such
road for a length thereof which shall extend not only through or into the
District to
the Board of which such tolls are payable but also through or into
another or others of such Districts of all which matters the Superintendent
alone shall judge and if the Board of any one or more of such last-mentioned
Districts shall in writing under their common seal complain
to the
Superintendent that they ought by reason of such traffic being common to their
own District with the District in which such
tolls shall be payable or for other
like cause to have a share of such Tolls it shall be lawful for the
Superintendent to proclaim
if it shall seem fit such road for such length
thereof as shall be as well within the District from which such complaint shall
proceed
and within the District in which such Tolls are payable as also between
the boundaries of both to be a “common toll road”
as well of such
districts as of all Districts lying between the same respectively and along the
line of the said road.
54. Superintendent shall determine proportion of tolls payable to different districts through which the same road may pass.
In and by the last mentioned Proclamation or by any other Proclamation or
Order it shall be lawful for the Superintendent from time
to time to determine
in what proportions the Tolls payable at each and every Toll-gate or Toll-house
upon such common Toll road shall
after deducting all expenses of maintaining
such Toll-Bar Toll-gate or Toll-house and of collecting such Toll be distributed
among
the several Boards through or into whose Districts such common Toll-road
shall extend and every Order made under this or the last
Section shall take
effect accordingly upon the publication thereof in the Provincial
Gazette.
55. Tolls paid on common toll road to be paid over to Provincial
Treasurer. If after the Proclamation of any common TolI road under this Act,
any moneys shall have been paid to the Board of any District for
which such road
has been proclaimed as and for Tolls or rents of Tolls levied on such, road
within such District the same shall forthwith
be paid over to the Provincial
Treasurer to be held and dealt with as aforesaid and if any such moneys shall
not be so paid over
the Provincial Treasurer may recover the same in a summary
way on complaint before two Justices and the Provincial Treasurer shall
pay them
over as such first-mentioned Board was bound to have done.
V. Respecting New Districts.
56. Superintendent may proclaim new districts on petition of Ratepayers.
If at any time previous to the first day of August in any year a majority of
the Ratepayers of any portion of a District described
in Schedule B to this
Ordinance shall petition the Superintendent that a portion of the District to be
specified in such petition
should be formed into a separate District It shall
be lawful for the Superintendent in Council by Proclamation to be inserted in
the Government Gazette and one newspaper circulating in the District to declare
that such part of the District mentioned in the said
petition shall be a Road
District and thereupon the part of the District specified in such Proclamation
shall be constituted a Road
District and shall be deemed to be a Road District
within the meaning of this Ordinance in like manner as if the same had been set
forth and described in Schedule B to this Ordinance Provided that such new
District and the boundaries thereof shall be particularly
specified in such
Proclamation and the name by which such new District shall be known or
distinguished shall also be specified.
57. Superintendent may appoint some competent persons to make provision for the formation of Ratepayers’ Rolls in district which he may proclaim.
It shall be lawful for the Superintendent in respect to any District which
the Superintendent may proclaim a Road District in accordance
with clause 56 of
this Ordinance to appoint some competent person to make such provision for the
formation of Ratepayers' Rolls in
those Districts as he may consider necessary
and it shall be lawful for the Superintendent on the formation of such Rolls to
call
a meeting of Ratepayers in each District as aforesaid respectively at such
time and place as he may appoint for the purpose of electing
five members who
shall constitute the first Board for the District and the Superintendent shall
cause public notice of such meeting
to be given within each aforesaid District
the said elected members for the above-mentioned Districts or any new District
shall hold
office in the same manner as regards tenure of such office as is
hereinbefore provided in respect of members elected in the ordinary
course and
the Board shall at its first meeting elect a Chairman who shall have the same
powers as a Chairman elected for other Boards
under the provisions of this
Ordinance.
IX. Miscellaneous.
58. Board to have power by itself or its officers to enter upon any land buildings and premises.
The Board shall have power by itself or its officers for the purposes of this
Ordinance to enter at all reasonable hours in the day-time
into and upon any
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.
59. Board may stop up any road during execution of any work.
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.
60. Board during execution of any work or stoppage of road to take precautions against accidents.
The Board shall during the execution of any work or the stoppage of any road
take proper precautions 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 to be imprisoned for any period not exceeding
fourteen
days.
X. Protection of Officers.
61. Board to be responsible for acts of officers.
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.
62. Penalty for obstructing Officer in discharge of his duty.
Any person who shaIl 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.
XI. Initiatory and Suspending Clause.
63. Three Members to retire at Annual Meeting in 1870.
At the Annual Meeting to be held in the first week in January one thousand
eight hundred and seventy, three of the Members who shall
be chosen by lot shall
retire from the Board and other members shall be elected in their room as herein
provided.
64. In certain cases Superintendent may suspend Board and may appoint a
Commissioner for district.
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 guided in the performance of is duties by such
instructions as he shall
receive from the Superintendent in that behalf.
65. Duties of Commissioner.
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 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 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.
66. Penalty for allowing live Fence adjoining public highway to grow to a height exceeding eight feet.
Every occupier of land fronting on any public highway who shall suffer any
Live Fence growing on such land and adjoining such public
highway to grow to a
height exceeding eight feet above the ordinary level of the adjoining land or to
overhang such public highway
shall be liable to a penalty of not less than Ten
Shillings nor more than Five Pounds Every twenty-four' hours during which such
occupier shall after being convicted under this section continue to allow his
Live Fence to exceed eight feet in height or to overhang
a public highway shall
constitute a separate offence.
67. Chairman of Road Board may give notice requiring any gorse or broom fence to be cut and trimmed.
The Chairman of any Road Board may at any time give notice in writing to the occupier of land fenced with gorse or broom fronting on any formed road or on any road about to be immediately formed requiring him to cut and trim that side of the fence so fronting on such road and to keep one half the width of the road on which such land fronts clear of gorse or broom and in the event of such
occupier failing to comply with such notice to cause the same to be done and
the amount of the cost of such cutting trimming and clearing
with all costs
shall be recoverable from the occupier of such land in the ordinary course of
law.
68. Superintendent may fix another day for Meeting.
If in any case any Annual Meeting or Adjourned Annual Meeting of Ratepayers
of any District shall from any informality in their proceedings
have heretofore
failed to have elected or shall hereafter fail to elect Members to fill up
vacancies occurring in the Road Board
of such District under the provisions of
this Ordinance then notwithstanding anything to the contrary it shall be lawful
for the
Superintendent of the province of Canterbury with the advice of the
Executive Council thereof upon a requisition signed by Ratepayers
representing
not less than one-twentieth of the votes to which all the Ratepayers on the
Ratepayers' Roll of the District are entitled
to fix another day and time for
the Ratepayers of such District to hold a meeting to fill up such vacancies in
the Board and the
Superintendent with the advice aforesaid shall forthwith give
public notice of such meeting and a Chairman thereof shall be elected
under the
provisions of Clause 40 of this Ordinance and the meeting so called shall elect
Members to fill up the necessary vacancies
in such Board and the Members so
elected shall continue in office and have all the powers as if they had been
duly elected at any
Annual Meeting or Adjourned Annual Meeting provided for by
this Ordinance.
69. Board may make Bye-laws.
The Board may from time to time make such bye-laws as it thinks fit for the
purpose of regulating the conduct of its officers and
servants and for providing
for the due management of the affairs of the Board Provided that no bye-law be
repugnant to any Act of
the General Assembly or Ordinance of the Provincial
Council.
X. Respecting Division of Road Districts into Wards.
70. District may be divided into Wards.
At any time after an Annual Election of Members of a Board under the
authority of this Ordinance the Superintendent if he shall have
received a
petition to that effect signed by one-fourth of the number of Ratepayers within
any Road District reckoned according to
their votes and if it shall seem fit so
to do may by Proclamation divide the Road District into five separate Wards by
such names
and with such boundaries respectively as shall by such Proclamation
be assigned to the same Provided that no such division shall
be made until the
Ratepayers' Roll for the then current year has been revised.
71. Notice of petition to be inserted in Gazette and newspapers.
Notice of the receipt by the Superintendent of the petition mentioned in the
preceding section shall be inserted in the Provincial
Gazette and also in one or
more newspapers circulating in the District at least three weeks before the
division of the District to
which it refers.
72. As to election of Members of Board for Wards.
Upon the division of any District into Wards the Members of the Board shall
go out of office at the then next annual meeting of Ratepayers
but shall be
eligible for re-election and each Ward shall return one Member to the
Board.
73. Who to vote in Wards.
Where any District shall be divided into Wards every person who under the
provisions hereinbefore contained would be entitled to vote
for the Election of
Members of the Ward and to be on the Ratepayers' Roll shall be entitled to be
enrolled on the Ratepayers' Roll
to be made as hereinafter provided for the Ward
or Wards wherein any rateable property in respect of which he is so entitled is
situated
and being so enrolled to vote in all elections of Members of the Board
to be held in and for such Ward or Wards as hereinafter provided
and all
provisions hereinbefore contained shall as to each such Ward be read as applying
thereto and not to the District at large.
74. Respecting Ratepayers’ Roll for Wards.
Where any District shall be divided into Wards the preceding sections hereof relating to the formation and revising of the Ratepayers' Roll shall be read with reference to such District in manner following that is to say:
Instead of the Ratepayers' Roll for the District at large there shall be a separate Ratepayers' Roll for each Ward of the District The Ratepayers' Roll for each Ward when revised and signed by the Revising Officer shall be the Ratepayers' Roll for the Ward and shall continue in force for the said Ward until another Ratepayers' Roll shall have duly come in force for the same.
And subject to the provisions of this section all provisions hereinbefore
contained shall take effect according to their tenor respectively
for each
separate ward of such District instead of the District at large.
75. Clerk of Board to make out Roll for Wards.
When a District shall have been by the Superintendent divided or newly
divided into Wards the Clerk thereof shall forthwith make out
from the
Ratepayers' Roll in force for the District and all previous Wards thereof a Roll
for each such first mentioned Ward of all
persons named in any one or more of
such first-mentioned Rolls in respect of rateable property which shall to the
best of his knowledge
and information appear to such Clerk to be situated in
such Ward and shall arrange the same in alphabetical order of surnames and
shall
deliver such last-mentioned Roll to the Chairman of the Board and every such
Roll shall be deemed to have been made and be
the Ratepayers' Roll for the Ward
to which the same shall refer in like manner to all intents and purposes as if
made as hereinbefore
provided.
76. As to retirement of Members from Board of District which has been divided into Wards.
At the first meeting of the new Board after any District shall have been divided into Wards the Members thereof shall determine among themselves by ballot which two of their number shall retire at the next annual meeting and the two Members of the Board so ballotted shall hold office until such next annual meeting only in like manner as if they had respectively been in office for two years but shall be eligible for re-election but in case such ballot shall not be taken the Chairman shall decide by lot those Members who shall retire under the provisions herein contained.
77. Election of Members for Ward how to be conducted.
The election for Members for each Ward shall be conducted in like manner as
hereinbefore provided for election of Members for the
District at large and
shall be held before such person as the Chairman of the Board shall nominate as
presiding officer.
78. Ratepayers residing out of District may vote by proxy.
Ratepayers residing out of the District may record their votes at any
election for Members of the Board by proxy Provided that such
proxy be a
Ratepayer appointed in writing in the form given in Schedule F to this Ordinance
and that the signature of the party signing
the same be attested by a Justice of
the Peace or a Ratepayer of the Province.
79. Nominations to be forwarded to Chairman fourteen days prior to election.
All such nominations shall be forwarded to the Chairman of the Board fourteen
days at least before the day appointed for any such
election.
80. Scrutineer to be appointed.
The Chairman of the Board shaIl previous to any poll being taken appoint one
other Member of the Board to act with himseIf in scrutinizing
such nominations
and the Chairman shall endorse on such of the said nominations as may be found
to be correct the number of votes
to which the person signing the same shall be
entitled and thereupon the proxy may attend at the election and may poll the
number
of votes endorsed on such nomination in the same manner as the person
signing the same might do if personally present.
81. Penalty for false representation.
If any person not being on the Ratepayers' RoIl shall sign any such
nomination or if any person shall falsely represent himself to
be the person
named as such proxy or if any person not being the person named as such proxy
shall vote or attempt to vote at any
such election in the name of the party
signing such nomination every such person so offending in any or either of the
matters aforesaid
shall be liable to a penalty not exceeding One Hundred Pounds
nor less than Ten Pounds for each offence.
Schedules. Schedule A
“The Roads Ordinance 1864."
"The Roads Ordinance Amendment Ordinance 1866."
"The Sheep Rating Ordinance 1866."
"The Roads Ordinance Amendment Ordinance 1867 Session XXVI. No.12."
“The Roads Ordinance Amendment Ordinance 1867 Session XXVII.
No.15."
Schedule B.
1. The Waipara District.
The Waipara District comprises that portion of the Province bounded on tile
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 Teremakau
Saddle.
2. The Avon District.
The Avon District comprises that portion of the Province bounded on the North
by the south bank of the River Waimakariri from the
sea to the western boundary
of Section No.5620 on the East Bank by the sea on the South by the north
boundary of the City of Christchurch
and the south bank of the River Avon to the
sea on the West by the western boundaries of Section Nos. 6 52 105 133 142 299
135 151
and the northern boundary of Section No. 151 to the north-western
boundary of the Papanui Church Reserve by the north-western boundary
of that
Reserve and by the eastern side of the Harewood Road by Papanui to the western
boundary of Section No.203 by that boundary
and by the western boundaries of
Sections Nos. 203 5 8 25 292 291 290 280 279 243 331 1471 and 5620.
3. The Riccarton District.
The Riccarton District comprises that portion of the Province bounded on the
North by the south bank of the River Waimakariri on the
East by the Avon
District and the west boundary of the City of Christchurch 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 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 by the west side
of the Prebbleton and Kaiapoi
Junction Road to the Waimakariri at the north-east corner of Rural Section
No.2197.
4. The Templeton District.
The Templeton District comprises that portion of the Province of Canterbury
bounded on the North by the south bank of the Waimakariri
on the East by the
Riccarton 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.
5. The Heathcote District.
The Heathcote District comprises that portion of the Province bounded on the
North by the Avon District and the City of Christchurch
on the East by the sea
on the South by the ridge of the Port Hills 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
6. The Spreydon District.
The Spreydon District comprises that portion of the Province bounded on the
North by the City of Christchurch and the Riccarton and
Templeton Districts on
the East by the 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.
The Halswell District.
The Halswell District comprises that portion of the Province bounded on the
North by the Spreydon District on the East by the Heathcote
District and the
ridge of the Port Hills as far as the highest of Cooper's Knobs on the South by
a stream rising on Cooper's Knobs
and falling into the River Halswell and on the
West by the west side of the River Halswell.
8. The Lincoln District.
The Lincoln District comprises that portion of the Province bounded on the
North by the Spreydon and Templeton Districts and the south
side of the Great
South Road on the East by the Halswell 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 Weedon and Springs
Road on the east side of the Weedon and Springs Road to its junction
with the
Great South Road.
9. The Springs District.
The Springs District comprises that portion of the Province bounded on the
North by the Lincoln District and the south side of the
Great South Road on the
East by the west bank on the River Halswell on the South by the edge of Lake
Ellesmere and the north bank
of the River Selwyn.
The Port Victoria District.
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 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.
11. The Port Levy District.
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 deg,
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.
12. The Pigeon Bay District.
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 Decanter 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.
13. The Okain’s Bay District.
The Okain’s 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.
14. The Town of Akaroa and Wainui District.
The Town of Akaroa and Wainui District comprises that portion of the Province
bounded on the North by the Port Levy Pigeon Bay and
Okain Bay Districts on the
East and South by the sea and on the West by the summit of the spur running down
to the Eastern Head of
Island Bay the main ridge of hills through Mount Bossu
Carew's Peak Saddle Hill Kitson's Pole Wainui Peak French Hill Wooded Peak
to
Barry Pass the south side of the Barry Pass Road to the Little River Railway
Reserve the south side of the Terawera Valley Road
and continuation thereof to
its junction with the North side of the Port Levy and Little River Road the
north side of the Port Levy
and Little River Road to its junction with the Purau
and Akaroa Road.
15. The Little River District.
The Little River District comprises that portion of the Province bounded on
the North by the Lincoln the Halswell the Port Victoria
the Port Levy and Wainui
Districts on the East by the Wainui District on the South by the sea on the West
by the east shore of Lake
Ellesmere and the Springs District
16. The Courtenay District.
The Courtenay District comprises that portion of the Province bounded on the
North by the south bank of the Waimakariri on the East
by the Templeton Lincoln
and Springs District on the South by the River Selwyn and the north bank of the
Wakaepa branch of the Selwyn
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.
17. The Ellesmere District.
The Ellesmere 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.
18. The Malvern District.
The Malvern 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.
19. The Rakaia District.
The Rakaia District comprises that portion of the Province bounded on the
North by the Oxford Malvern and Courtenay Districts on the
East by the Ellesmere
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 Watershed forming the
eastern boundary of the County of Westland and on the West by the County of
Westland.
20. the Ashburton District.
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 Watershed forming the eastern boundary of the
County of Westland and on the West by the County of Westland.
21. The Kowai District.
21. The Kowai District comprises that portion of the Province bounded on the
north by the Waipara district on the East by the sea
on the South by the south
bank of the River Ashley to its source at Ashley Head.
22. The Cust District.
The Cust District comprises that portion of the Province bounded on the north
by the Kowai district on the east by a 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.
23. The Oxford District.
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 and Kowai districts on the south by the south bank of the
Waimakariri to the head waters of its
westernmost source and a true west
straight line to the summit of the dividing range forming the eastern boundary
of the County of
Westland and on the west by the County of Westland.
24. The Mandeville and Rangiora District.
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.
25. The Geraldine District.
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 River Opihi to a point in a line with the eastern boundary of Run No.254 a branch of the River Opuha forming the northern boundary of Runs Nos.
254 357 and an East and West line forming part of the northern boundary of
Run No.357 continued to the ridge on the West by the east
boundary of Run No.254
and the ridge of the hills dividing the waters of the Opihi and Rangitata from
the waters of the Tekapo.
26. The Levels District.
The Levels District comprises that portion of the Province not included in
the Town of Timaru 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 and the stream following into the Tengawai the east bank of the
RiverTengawai
to a point opposite Section No. 5209 crossing the river and
following down a small stream to the River Pareora.
27. The Waimate District.
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 and an east and west line from thence to the Hakateramea on the east by
the sea on the south by the Province
of Otago on the west by the east bank of
the Hakateramea.
28. The Mount Cook District.
The Mount Cook District comprises that portion of the Province bounded on the
north and west by the County of Westland on the east
by the Ashburton Geraldine
and Levels districts on the south by the Waimate district and the Province of
Otago.
Schedule C.
To the Chairman of the Road Board.
I hereby give you notice that I object to the following portion of the List
of Rate- payers for the district now deposited for inspection
at [here state
place where Roll is deposited for inspection and the part objected to] that the
following are grounds of my objection
[here state the grounds of objection ] and
that I shall appear in support of such objection at the Meeting of Revising
Commissioners
to be held for revision of such Roll.
Signature of Objector
Description
Address
Schedule D.
Notice to Pay Rate. Road District of
To Mr.
I hereby give you notice that at a Meeting of the Road Board for the District above-mentioned held on the day of at a Rate of in the pound on the rateable property in the District was ordered to be made and levied The sum which you are liable to pay under this order is which sum you are required to pay to me either on the service of this notice or within thirty days after such service at my residence at
If the said Rate is not paid within the time above specified it will be
recovered by legal process.
Collector of Rates for the District.
Schedule E.
Take notice that your name appears as a Ratepayer on the Roll of the
District.
(A.B.) Chairman of the Board.
Schedule F.
Appointment of Proxy to Vote at Election of Members of the
Board.
I (A. B.) of hereby appoint of and on my behalf at the election of (a Member or Members as the case may be) for the Road Board of the District (or for the Ward of the of the Road Board of the District as the case may be) to be held on the day of next and at any adjournment thereof.
As witness by hand this day of 18 . Signed by the said A.B. (A.B.)
In the presence of
(C.D.)
a Justice of the Peace for the Colony of New Zealand (or) Ratepayer of the
Province.
Schedule G.
Ratepayers’ Roll for the Road Board of the
District.
Surname of Occupier in alphabetical order. Christian Name of Occupier
Occupier’s Trade or Occupation.
Owner: Surname,
Christian Name
Residence
Trade or Occupation
Description and situation of rateable property name of person having the
charge control or management of any sheep within the district
and number of such
sheep above the age of twelve months.
If let for what term and in what manner,. Net Annual Value.
Schedule H.
For every horse ass or mule Sixpence. For every beast carrying a burden
Sixpence. For all horned or neat cattle per head Fourpence.
For every wheeled
vehicle drawn by one horse or other beast One Shilling. For every additional
horse or beast drawing such vehicle
Sixpence. For every sheep lamb goat or pig
in one drove not exceeding 100 One Penny. For every additional sheep lamb goat
or pig
Halfpenny.
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URL: http://www.nzlii.org/nz/legis/can_ord/ro1869126