Page 2 Advertisements Column 3

Clutha Leader, Volume I, Issue 33, 25 February 1875, Page 2

(4) CROSSINQ OVEIf; FOOI* WJAYS AND. CHANNELS, Crossing etc. footway etc. save by made crossing. 15,. Every person who wilfully and without lawful excuse rides or drives! any horselor ! other animal or drives or wheels any carriage cartf or other vehicle upon along or across any footway or any, water channel or gutter herein called channel by the side of any street save in each such case upon and by br at some crossing to. be made as hereinafter mentioned shall forfeit a. sum not exceeding five pounds and shall also, paj to the council such sum. not exceeding ten pounds by way'of compensation for any -damage done by him to the footway or channel. as. the justice adjudicating up.on the information shall on, the hearing thereoforder* - • '-S'r\ .',."'. . , : :\~r : T ' Notice* of making crossing* 16. Tf any land : shall front to adjbihor abut upon the "footway' of any "street' and if access~with horses and vehicles iroini -such street -to such land "of to some sufficient, way appurtenant thereto cannot be had without driving or wheeling the same respectively: upon or across the said footway or the channel if any lying along the outer edge thereof and if the owner; of such land shall desire that a, crossing for horses and other animalsand for' vehicles be made as herein provided over such footway and channel and shall give a notice in writing of such his desire to, the council and in su;ch notice describe the. land in question and the proposed work by fefereribe" to the specification 'deposited as hereinafter mentioned such specification being in accordance with the provisions hereof. and> with c such regulation as may, be, in force- in that behalf it shall be lawful for such owner after seven clear days from the giving such .notice -and not before (with no unnecessary delay or obstruction) at his own cbst' and under the inspection of such officer as the council shall* have appointed, for the purpose to make such crossing according to the tenor of such notice and specification and not otherwise and 'the owner of such land shall afterwards in like manner maintain the same. S. S' ''..', Specification. 7. Yt. Every sucli owner who desires as aforesaid that any. such crossing, shall be made shall before giving notice to the council as herein provided deposit with the town clerk a specification describing the proposed work with respect to each of the several matters thereby or by any such regulation in force in that behalf required Or provided. Immunity of persons giving irregular notice in certain cases. 18 Unless within the period of seven days after the receipt of any such notice as aforesaid the council shall give notice to the person giving the same that (if the fact be so) such notice or the spacification referred to therein a,n.d deposited is not in accordance with the provisions of such regulation as aforesaid such notice and specification shall thereafter so far only as affects; the liability of such ; person to; any p3nalty be deemed, to be in accordance therewith. . . Notice of crossing, where there, is a street herb. 19. In streets in whjch at the site of any such proposed crossing there is a kerb of stone or wood along the outer edge of the footway the crossing so far as the footway extends shall have on both sides a kerb not higher in any part than the surface of the footway at that part and similar in all respects to such first mentioned kerb, and such kerb sh#ll approach to and join the street-kerbing in' gentle curves outwards and such crossing shall be of such width and the surface, thereof so far as the footway extends shall have such inclination outwards and be depressed so far below the footway as shall have been respectively appointed by some regulation in that behalf and shall with respect to the channel be so laid or constructed as not to raise or obstruct. the same or" any part thereof. Notice of crossing where there is no street herb. 20. In streets in which at the site of any such proposed crossing there is no such kerbing as in the last preceding section mentioned the crossing over the channel shall be such suitable bridge as shall leave a free passage for. the water underneath the same and shall be of such materials form length size strength and fall as shall have been respectively appointed by some regulation in that behalf and the surface of such crossing so far as the footway extends shall be so made good by paving and macadamising gravelling or otherwise that the necessary traffic by animals or vehicles over the same shall not cause any damage thereto but that such crossings shall be as sound and commodious for the passage of persons using the footway as the other portions of such footway adjoining such crossing. Departures from notice etc. not punishable in certain eases. 21. No person making any crossing shall be deemed guilty of an offence by reason only of some departure in making such crossing from the notice or specification relating theieto unless the officer of the council appointed "as hereinbefore provided to inspect the making of the crossing shall have reported in writing such departure to the council within three days after the same shall have occurred and unless such person being served by the council within three days after such report with a notice so to do shall for the space of seven clear days after such notice have failed to correct or supply such departure. Council may alter improper crossing. — Expenses. 22. If any crossing shall have been made in any respect contrary 10 this subdivision or any regulation in force hereunder it shall be lawful for the council if they shall see fit to cause the same to be altered solas to conform to this subdivision and to such regulation respectively and to recover in manner in "this Act elsewhere provided; the expenses of such alteration from the owner of the land to which such crossing shall, lead but they shall not so recover in those cases of departure from the notice, or specification which the council or their officer might respectively have given notice of or reported but failed to give notice of or report respectively in manner and within the time proyided in the preceding sections thereof. Crossing, for private street. — Expenses. < 23. If any. priyata street.shall meet at an angle the' footway of any public' street and there shall.be no crossing upon or across such footway and the channel adjacent thereto from^ such private street to such public street it shall he lawful for; the council if they shall see - fit to make in accordance with any regulation, in force in that behalf a crossing upon and over such footway "and channel 7 of j the; description hereinbefore .provided 7 jWitb res,pect to other crossings and to recover from the owner of each of the tenements abutting -on such private street such portion of the expenses of suoh'* puking as sbal^ fcear to the whole of such the same proportion, as the rateable valiieibf f such" tenement bears to the whole rateable value ' of .aili-ther 1 tenements 89 abutting.