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Roads Ordinance Amendment Ordinance 1867

15. The Roads Ordinance Amendment Ordinance 1867.

Analysis. Preamble.

1. Notice to be sent to Owners not resident.

2. Notice of total amount of Rates due to be given.

3. Cattle Pasturing upon Public Roads may be impounded.

4. Section 22 of Roads Ordinance 1864 repealed and provision made.

5. Title.

Whereas by “The Roads Ordinance 1864” and “Roads Ordinance Amendment Ordinance 1866” it is amongst other things enacted that the Board shall in each year give public notice of the place where the corrected Ratepayers’ Roll to be framed under the provisions of the said Ordinance may be inspected and that the same may be inspected in manner in the said Ordinance mentioned And whereas it is expedient to make provision for giving notice of such corrected Roll to persons not residing within the District whose names are placed thereon as liable to the payment of Rates And whereas it is also expedient to make further provision in relation to the notice in Schedule C of the said Ordinance:

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

1. Notice to be sent to Owners not resident.

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 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 said 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 Clause 5 of “The Roads Ordinance Amendment Ordinance 1866.”

2. Notice of total amount of Rates due to be given.

In addition to the particulars set forth in the notice in Schedule C to the said Ordinance the Collector shall at the foot thereof set forth the total amount of Rates payable by the person to whom such notice is given.

3. Cattle Pasturing upon Public Roads may be impounded.

Whenever any horses cattle sheep goats or pigs shall be found straying or pasturing or driven for the purpose of pasturing thereon on any public road

except on such parts of any public roads as are bounded on both sides by Waste Lands of the Crown it shall be lawful for any Constable or Officer of Police or the owner or occupier of any land abutting on any road on which any such horses cattle sheep goats or pigs shall be found straying or pasturing or driven for the purpose of depasturing thereon as aforesaid to drive or cause to be driven such horses cattle sheep goats or pigs to the nearest public pound and any horses cattle sheep goats or pigs so driven to the pound shall be deemed to have been impounded under the provisions of “The Trespass of Cattle Ordinance Section 14

Session XIV No. 1” and the owner of any horses cattle sheep goats or pigs so impounded shall be liable to pay to the Poundkeeper all such fees and charges as are set forth in Schedule E to the said Ordinance on account of the several serices therein mentioned Provided also that the Constable or Officer of Police or owner or occupier as aforesaid driving or causing to be driven to the pound any such horses cattle sheep goats or pigs shall be entitled to recover from the owner thereof charges for driving the same according to the scale set forth in Schedule D to the said Ordinance but in no case shall such charge exceed the sum of Five Pounds Provided further that all sums so recovered by any Constable or Officer of Police shall be paid by the Constable or Officer of Police who shall recover the same to the Provincial Treasurer as part of the ordinary revenue.

4. Section 22 of Roads Ordinance 1864 repealed and provision made.

Section 22 of “The Roads Ordinance 1864” is hereby repealed and in lieu thereof be it enacted as follows The Superintendent shall every year by notice in the “Government Gazette” appoint a competent persons who shall be called Revising Commissioner to revise the Ratepayers’ Roll for the several Roads Districts of

the Province and may from time to time remove the same and appoint another in his stead Such Commissioner shall for the purposes of such revision sit in open Court at such 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 six days’ notice in one or more newspaper circulating within the Province The said Commissioner shall have power to examine in matters upon oath touching any of the matters to be enquired of by him which oath he is hereby empowere to administer And the said Commissioner shall have all the powers and authorities as are by “The Roads Ordinance 1864” or by “The Roads Ordinance Amendment Ordinance 1866” given to the Revising Commissioner therein mentioned.

5. Title.

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

Amendment Ordinance 1867.

Schedule.

Take Notice that your name appears as a Ratepayer on the Roll of the

District as under. Chairman of Board.

[Particulars of such Property and Assessed Value.]

Notes.

This Ordinance was passed by the Canterbury Provincial Council on the 18th of July 1867, and assented to by the Superintendent, W.S. Moorhouse, on 19th July.

Section 4 amended Section 22 which was changed as follows: [appoint three becomes appoint one]

[at least ten days notice of sitting reduced to six.]

Power of the Commissioner redefined. Previously, 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 oath they are hereby empowered to administer. The effect of this amendment was that the Commissioner was empowered to administer an oath and to examine in matters upon oath touching

any of the matters to be enquired of by him. He also was declared to have alll the powers and authorities of a Revising Commissioner under “The Roads

Ordinance 1864” and “The Roads Ordinance Amendment Ordinance 1866”

which were as follows.