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White's Kaiapoi Bridge Ordinance 1857

6. White's Kaiapoi Bridge Ordinance 1857

Whereas it is expedient for the purposes of public traffic that a bridge shall be erected over the River Waimakariri, in the Province of Canterbury; And whereas William White, of Kaiapoi, Publican, in consideration of certain powers and privileges hereinafter expressed, has proposed, at his own cost to construct a bridge over the said river, at the western end of the town of Kaiapoi, subject to certain Plans and Specifications to be approved of by the Provincial Engineer of the Province of Canterbury, and it is desirable that the said William White should be permitted to erect such bridge.

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

1. William White to erect a bridge over north branch of Waimakariri.

It shall be lawful for the said William White, at any time after the passing of this Ordinance, to erect and maintain a bridge over the North branch of the River Waimakariri, at the western end of the town of Kaiapoi, and for such purpose to occupy such portion of land in the bed of the said river and on either bank thereof, as shall be set out and determined by the Provincial Engineer of the said Province as the site of such bridge: Provided that such bridge shall be constructed in accordance with such plans and specifications as the said Provincial Engineer shall approve, and shall be sufficient for the general

purposes of traffic of foot passengers, animals, and carriages of all descriptions.

2. And may collect tolls according to Schedule.

In consideration of the erection of such bridge as aforesaid by the said William White, and on the completion thereof, certified in writing, by the Provincial Engineer, and approved of by the Superintendent, it shall be lawful for the said William White, during a term of seven years from the date of such Certificate to collect and ercover to his own use and benefit, from all persons passing over the said bridge, tolls, according to the table set forth in the Schedule to this Ordinance.

3. Superintendent may take possession if certain conditions be not kept.

If the said William White shall fail to obtain such Certificate of completion within one year after the passing of this Ordinance, or shall at any time during the said term of seven years, neglect to keep the said bridge and the approaches thereto in good and sufficient repair, or shall neglect or refuse to execute such repairs as the Provincial Engineer shall direct within one calendar month after being required so to do, in writing, by the Superintendent, or shall neglect or refuse to

keep the bridge open for traffic at all times during the said term of seven years, or shall neglect or refuse to open to said drawbridge at all reasonable times when required during the said term of seven years, it shall be lawful for the Superintendent to take possession of the said Bridge, and to deal with the same as though it had been erected at the cost and expense of the said Province, and the said William White shall thereupon absolutely forfeit all rights and privileges whatsoever which he may have acquired by virtue o this Ordinance in respect of the said bridge.

4. To be a drawbridge through which vessels to have a right of way.

The said bridge shall be a drawbridge, having an opening of not less than twenty- one feet, through which vessels of all descriptions shall have a right of way at all reasonable times: And the said William White shall, within a reasonable time

after being required so to do, cause the said Bridge to be opened for the passage of any such vessel, and, except as above mentioned, all rights of way which shall interfere with or obstruct the use and enjoyment of the said bridge shall, from and after the passing of this Ordinance, absolutely cease and determine.

5. Superintendent may take possession of bridge on certain conditions.

It shall be lawful for the Superintendent, with the advice of the Executive Council, at any time during the said term of seven years, to take possession of the said bridge and open the same for the use of the public free of all tolls, upon giving

the said William White three calendar months' previous notice, in writing, of his intention so to do, and upon payment to the said William White of the full value of his then interest in the said bridge; such value to be ascertained by the award of two Arbitrators, one to be named by the Superintendent, and the other by the

said William White, or of an Umpire to be appointed under the hands of such Arbitrators, previously to their entering on the said arbitration; or in the event of the said William White refusing or neglecting for the space of one week after he

shall have been required by notice in writing so to do, to appoint such Arbitrator, then by the award of the Arbitrator appointed by the Superintendent.

6. Interpretation of words William White.

The words "William White" in this Ordinance shall be taken to include the

Executors, Administrators, and Assigns of the said William White.

7. Title.

This Ordinance shall be entituled and may be cited as "White's Kaiapoi Bridge

Ordinance, Session VIII., No. 6."

Schedule of Tolls above referred to.

For every Passenger ... ... ... ... ... ... ... ... ... ... ... ... Threepence For every horse, ass, or mule ... ... ... ... ... ... ... ... ... Threepence For every horse, ass, mule, or

other beast with pack ... ... ... ... ... ... ... ... ... ... ... ... Threepence. For all horned cattle, drive without

packs, per head ... ... ... ... ... ... ... ... ... ... ... ... ... ... Twopence

For every wheeled vehicle, drawn by

one horse or other beast ... ... ... ... ... ... ... ... ... ... .. Ninepence

For every additional horse or other

beast drawing such vehicle ... ... ... ... ... ... ... ... ... .. Threepence

For every sheep, lamb, goat, or pig

in one drove, not exceeding 100 ... ... ... ... ... ... ... ... One halfpenny

For every additional sheep, lamb,

goat, or pig ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... One farthing. Double the above tolls before the hours of 6am and after 9pm.

Notes.

This Ordinance was passed by the Provincial Council on 25th June 1857, and assented by the Superintendent on behalf of the Governor on the same day.