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White's Little River Tramway Ordinance 1866

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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