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Canterbury Provincial Ordinances |
16. The White’s Little River Tramway Ordinance 1865.
Analysis. Preamble.
1. William White authorised to make Tramway.
2. Power to lay Timber, &c.
3. Not to obstruct access from adjoining roads and lands.
4. Time for completion of the works.
5. William White to convey passengers and goods by water between certain points.
6. Material of Tramway to be removed after twelve years (if required.)
7. Superintendent to appoint hours at which trains shall run.
8. Work to be performed and maintained to satisfaction of Provincial Engineer.
9. Charges for conveyance of passengers and goods.
10. Superintendent authorised to take possession on William White failing to comply with conditions.
11. Penalty for damaging Tramway.
12. Lincoln Road toll bar to be purchased by William White.
13. Title.
Whereas by an Act of the General Assembly of New Zealand entituled the
“Provincial Councils Powers Extension Act 1863”
it is enacted that
whenever any Law or Ordinance shall be passed by any Provincial Council for the
purpose of authorizing the making
or carrying on of some work of utility to the
public or to the inhabitants of some particular own village or district such law
may
so far as may be necessary for the making or carrying on of any such work of
utility affect any public street road or highway or
the bed of any river stream
or creek although the same respectively may be the lands of the Crown anything
in the Constitution Act
notwithstanding And whereas sometime since one William
White proposed to construct and maintain a Tramway leading from Christchurch
to
Little River in the Province of Canterbury and thereupon cerain Resolutions were
passed by the Provincial Council of the said
Province on the Twenty-seventh ay
of November One thousand eight hundred and sixty-two authorising or purporting
to autorize the
construction thereof And whereas the said William White is still
willing to make the said Tramway And whereas the said Tramway is
a work of
utility to the inhabitants of the district through which the same is intended to
pass and it is expedient that power should
be given to the said William White
his executors administrators and assigns to make the said Tramway:
Be it therefore enacted by the Superintendent of the said Province, with the
advice and consent of the Provincial Council thereof,
as follows:
1. William White authorised to make Tramway.
It shall be lawful for the said William White his executors administrators and assigns to construct and maintain a Tramway with sideways and byways (so as not to exceed one main Tramway) in the usual manner by digging the soil and levelling the ground and making gutters through over across and along all and singular the public streets roads and highways an the beds of any rivers streams or creeks being lands of the Crown situated in the Ellesmere and Lincoln Districts of the said Province of Canterbury along the line set forth in the first Schedule hereto and thenceforth to use and occupy the same for the leading conveying
and carrying with horses carts wains waggons and other carriages all such
passengers articles and materials as the said William White
his executors
administrators or assigns shall from time to time require.
2. Power to lay Timber, &c.
For the purposes aforesaid the said William Whie his executors administrators and assigns and his and their agents servants an workmen may from time to time and at all times as occasion shall require lead place lay and fix wood timber earth stone gravel rails posts sleepers and other materials in and upon the roads lands and grounds hereinbefore mentioned and use and employ workmen and horses and cut dig and make trenches watergates and watercourses for the purpose of keeping the said Tramway and sideways or byways dry and free from water and do all other things necessary and convenient as well for the making laying and placing of the said Tramway and sideways or byways as for the repairing and
upholding the same or any part thereof when and as often as there shall be
occasion Provided that in so doing he and they shall not
obstruct or impede
unnecessarily the ordinary traffic upon or along such parts of the sai roads
lands and grounds as are not intended
to be permanently used for the purpose of
the said Trmway sideways and byways.
3. Not to obstruct access from adjoining roads and lands.
In the making of the said Tramway as aforesaid the said William White his
executors administrators and assigns shall make good the
access from all public
roads and lands adjoining the roads lands and grounds hereinbefore mentioned
with all convenient speed so
as not to obstruct or impede unnecessarily the
access thererto or the ordinary traffic thereon.
4. Time for completion of the works.
That in the construction of the said work time shall in all things be deemed
essential and the time for the completion of the several
parts thereof shall be
as follows:—
1. That part of the said Tramway which leads from Christchurch to the
Halswell Quarry shall be completed within six calendar months
after this
Ordinance shall come into operation.
2. That part of the said Tramway which leads from Price’s Long Point on
Lake Ellesmere to the terminus at Little River shall
be completed within
eighteen calendar months after this Ordinance shall come into operation.
3. That part of the said Tramway which leads from where it crosses the
Halswell Road between sections 711 and 1593 to the Ahuriri
point in the River
Halswell shall be completed within two years after this Ordinance shall come
into operation.
5. William White to convey passengers and goods by water between certain points.
From the time of the completion of that part of the said Tramway leading from
Price’s Long Point to Little River as aforesaid
thesaid William White
shall provide all necessary means for conveying by water all passengers articles
and materials between the
said point and the then terminus of the said
Tramway
6. Material of Tramway to be removed after twelve years (if required.)
After the expiration of twelve years after this Ordinance shall come into operation the said William White his executors administrators or assigns shall (if required to do so by the Superintendent of this Province) forthwith remove the material of the said Tramway from the roads lans and grounds whereon the same shall have been laid pursuant to the provisions of this Ordinance And during the said term
of twelve years no competing line shall be formed by the Provincial
Government or conceded to any private individual or Company.
7. Superintendent to appoint hours at which trains shall run.
It shall be lawful for the Superintendent from time to time after the
completion of any part of the said Tramway to appoint certain
reasonable hours
at which at least one train per diem shall run each way for the conveyance of
passengers along the said way and
to make such regulations in relation thereto
as shall be reasonable.
8. Work to be performed and maintained to satisfaction of Provincial
Engineer. The whole of the said work shall be constructed and
shall be
maintained in good and sufficient repair to the satisfaction of the Provincial
Engineer of the said Province who shall be
at liberty to enter upon and examine
the same.
9. Charges for conveyance of passengers and goods.
The said William White his executors administrators and assigns shall not
charge for the carriage of passengers and goods upon the
said tramway or by the
said water carriage or both any charge exceeding those set forth in the second
Schedule to this Ordinance.
10. Superintendent authorised to take possession on William White failing to comply with conditions.
In case the said William White his executors administrators or assigns shall
fail to comply with the conditions of this Ordinance
or any of them it shall be
lawful for the Superintendent of the said Province forthwith to take possession
of the said Tramway and
to expel the sai William White his executors
administrators an assigns therefrom and from thenceforth the said William White
his
executors administrators and assigns shall cease to be entitledd to any
benefit under this Ordinance.
11. Penalty for damaging Tramway.
Every person who shall wilfully and maliciously break injure damage throw
down or destroy any part of the Tramway hereby authorized
to be constructe or
any of the works connected therewith shall be liable upon being lawfully
convicted thereof before any two Justices
of the Peace to a penalty of not more
than Twenty Pounds nor less than Forty Shillings.
12. Lincoln Road toll bar to be purchased by William White.
Nothing in this Ordinance contained shall be demed to authorize the said
William White his executors administrators an assigns to
construct the Tramway
or to convey traffic through the Lincoln Roa toll-bar or erections connected
therewith until he shall have
paid over to the Treasurer of the Spreydon Road
Board the sum of One hundred and forty Pounds and on payment of such sum the
said
toll- bar together with the toll-house shall become the property of the
said William White and shall be forthwith removed by him
at his cost.
13. Title.
This Ordinance shall be entituled and may be cited as "The White’s Little River
Tramway Ordinance 1866.
Schedule I. Schedule II.
On Firewood per Cord for distance not less than Five Miles ... ... ... ... On Sawn Timber per 1000 feet ...
On Shingles per 10,000 ... ... ... ... On Ordinary Posts and Rails
per 100 ... ... ... ... ... ... ... ... ... ... On Palings per 1000 ... ... ... ... ...
On Merchandise per ton ... ... ... ... On Passengers ... ... ... ... ... ... ... On Stone per yard ... ... ... ... ... ... On Grain per ton ... ... ... ... ... ... ... On Wool per ton ... ... ... ... ... ... ...
On Sheep for a truck load not fewer than 20 ... ... ... ... ... ... ... ... ... ... On Slaughtered Carcases
per ton ... ... ... ... ... ... ... ... ... ... S. D.
0 10 halfpenny per mile
1 0 per mile
1 0 per mile
1 0 per mile
1 1 halfpenny per mile
1 0 per mile
1 0 per mile
0 4 per mile
1 0 per mile
1 0 per mile
1 2 per mile
1 4 per mile
1 0 per mile
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URL: http://www.nzlii.org/nz/legis/can_ord/wlrto1866385