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Roads Ordinance Amendment Ordinance 1866

20. The Roads Ordinance Amendment Ordinance 1865.

Analysis. Preamble.

1. Repealing Clause.

2. Service of Notice.

3. Member to be elected to fill vacancy in Road Board.

4. Roll to be revised.

5. Copies to be left for inspection.

6. Notices of objection to be given.

7. Road Board may exact penalty for trespass of cattle, &c., on highway.

8. Board to clear natural watercourses. Power of entry for that purpose.

9. Gorse hedges on public highways to be cut under penalty.

10. Schedule A in this Ordinance to be read for Schedule C in recited Ordinance.

11. Boundaries of Avon and Riccarton Road Districts amended.

12. Ratepayers’ Rolls for said Districts to be amended in pursuance thereof.

13. Ordinance to be read as part of “Roads Ordinance 1864.”

14. Title.

Whereas an Ordinance was passed by the Superintendent and Provincial Council of the Province of Canterbury entituled “The Roads Ordinance 1864” And whereas it is desirable that the said Ordinance should be amended.

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

1. Repealing Clause.

Sections 6 19 20 and Schedule C of the said recited Ordinance shall be an the same are hereby repealed.

2. Service of Notice.

Any Notice required by the said Ordinance to be served on any person who has no ordinary abode or place of business within the District shall be deemed to be served if the same be delivered to the known agent of such person within such District.

3. Member to be elected to fill vacancy in Road Board.

In lieu of section 6 be it enacted When any such vacancy shall occur in any Road Board under the provisions of section 5 of the said recited Ordinance 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.

4. Roll to be revised.

In lieu of sections 19 and 20 of the said recited Ordinance be it enacted 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.

5. Copies to be left for inspection.

It shall be lawful for the Board to 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 in addition to the place specified in section 21 of the said recited Ordinance.

6. Notices of objection to be given.

The notices of objection to any Ratepayers’ Roll provided in section 23 of the said recite Ordinance may be given at any time not less than Seven Days previous to the time appointed by the Revising Commissioners for revising such Roll, anything in the said section to the contrary notwithstanding.

7. Road Board may exact penalty for trespass of cattle, &c., on highway.

It shall be lawful for any Road Board by public notice to prohibit the straying of horses cattle sheep and pigs on the whole or part of the Public Highway within the District and if after the publication of such Notice any horses cattle sheep or pigs shall be found straying on such Public Highways the person having the

lawful charge control or management of such horses cattle sheep or pigs shall be liable to a penalty of not less than Ten Shillings nor more than Two Pounds for every head of cattle horses sheep or pigs so found straying.

8. Board to clear natural watercourses. Power of entry for that purpose.

It shall be lawful for the Board to cleanse and clear all natural watercourses in 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 after giving the notices prescribed by section 52 of the

said recited Ordinance In the interpretation of this section the term “Natural Watercourse” shall include any ditch or drain which has in the opinion of the Board become necessary as a drainage outlet for the District or a part thereof.

9. Gorse hedges on public highways to be cut under penalty.

Every Occupier of land fronting on any Public Highway who shall suffer any Gorse Hedge 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 Occupiers shall after being convicted under this section continue to allow his Gorse Hedge to exceed eight feet in height or to overhang a Public Highway

shall constitute a separate offence.

10. Schedule A in this Ordinance to be read for Schedule C in recited Ordinance. Instead of Schedule C in the said recited Ordinance Schedule A to this

Ordinance shall be inserted.

And whereas it is desirable to alter the boundaries of the Avon and Riccarton

Road Districts be it enacted:

11. Boundaries of Avon and Riccarton Road Districts amended.

Section 7 of Schedule A of the said recited Ordinance is hereby repealed and in lieu thereof be it enacted 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 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 side of Sections 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 3 25 292 291 290 280 279

243 331 1471 and 5620.

12. Ratepayers’ Rolls for said Districts to be amended in pursuance thereof. The Superintendent shall appoint some competent person to make such alterations in the Ratepayers’ Roll for the Avon and Riccarton Districts as the alteration of boundaries effected by this Ordinance may render necessary In the formation of such altered Rolls there shall be placed on the Roll for the Avon and Riccarton District respectively every ratepayer whose name appears on the Rolls now in force as the owner or occupier of any property situated in such district together with the full particulars and assessed value of his property The said Rolls so altered under the provisions of this Section shall be the Ratepayers’ Roll for the said districts for the then current year and shall be subject to and be as

valid and effectual to all intents and purposes as if the same had been formed under the provisions of the said recited Ordinance.

13. Ordinance to be read as part of “Roads Ordinance 1864.”

This Ordinance shall be interpreted as and shall be considered a part of the

“Roads Ordinance 1864.”

14. Title.

This Ordinance shall be entituled and may be cited as “The Roads Ordinance

Amendment Ordinance 1865.”

Schedule A.

Notice to Pay Rate. District of . To Mr. .

I hereby give you notice that at a Meeting of the Road Board for the District abovementioned held on the day of at

a Rate of in the Pound upon 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.