Page 4 Advertisements Column 1

Marlborough Press, Volume I, Issue 33, 18 August 1860, Page 4

ALTERATION OF ROADS ACT. Title. An ACT to provide for the Malcing, Maintaining, and Altering of Roads. Preamble. WHEREAS an Ordinance was passed by the Lieutenant-Governor of New Munster, with the advice and consent of the Legislative Council thereof, Session 1., No. 10, intituled, “ An Ordinance to authorise the Levying and Collecting of Tolls on Roads and Rates of Land in the Province of New Munster”: And whereas, an Ordinance was passed by the Superintendent of the Province of Nelson, with the advice and consent of the Provincial Council thereof, Session 11., No. 1, intituled “The Alteration of Roads Ordinance, 1854”: And whereas an Act was passed by the Superintendent ol the Province of Nelson, with the advice and consent of the Provincial Council thereof, Session 111., No. 4, intituled “ The Country Roads Act, 1856”: And whereas, an Act was passed by the Superintendent of the Province of Nelson, with the advice and consent of the Provincial Council thereof, Session V., No. 12, intituled “The Country Roads Amendment Act, 1858:” And whereas by an Act passed by the General Assembly of New Zealand, intituled “The Highway and Watercourses Diversion Act, 1858,” extended powers were given to Superintendents and Provincial Councils in reference to the diversion of roads and watercourses: And whereas it is expedient that the said two recited Ordinances and the said two first recited Acts be repealed, and other provisions made in lieu thereof: Be it therefore enacted by the Superintendent of this Province, with the advice and consent of the Provincial Council thereof, as follows: Recited OrfUmnces and first two recited Acts Repealed. 1. The said two recited Ordinances and the said two first recited Acts, so far as they relate to or regard this Province shall be and the same are hereby repealed. Notice t > be given and published. 2. Whenever the Superintendent of this Province, or any person applying to the Superintendent, shall be desirous of making any new road or of stopping up or diverting any road, either entirely or reserving a bridle or foot way along the whole or any part thereof, the said Superintendent shall give notice of his intention to apply to three or more Justices of the Peace having jurisdiction within this Province for an order for making such road, or for stopping up or diverting such road on a day and at a place to be therein named, and such notice shall be deposited with the Magistrate’s Clerk, and at the office of the Supeiintendent, not less than six weeks nor more than eight weeks before the day therein named for making such application, and shall cause a copy of such notice to be published in the “ Government Gazettb” of this Province, and also to be published for four successive weeks during such period in some newspaper generally circulated within this Province; and shall also cause a copy of such notice to be placed for four successive weeks during such period in some conspicuous place in each district through which the said road is intended to pass, or in which the said road is situated ; and every such notice shall state the length, direction, and boundaries, and also the termini of every road so proposed to be made, stopped up, or diverted, and of the road proposed to be substituted in the place thereof; and shall, at the time of depositing such notice cause to be deposited with the said Magistrate’s Clerk and at the office of the said Superintendent a certified plan of the road proposed to be made, stopped up or diverted, and of any road proposed to be substituted for the same, together with a book of reference containing the names of the owners, lessees, and occupiers, when known, of the lands through which the said new road is intended to pass, and such notice, plan, and book of reference shall be open to public inspection at all reasonable times before the hearing of the application ; and shall also, five weeks before such intended application, cause to be served upon every owner, lessee, and occupier of such lands as aforesaid, when such owner, lessee, or occupier shall be known and shall reside in this Province a copy of such notice, plan, and book of reference, so far as his ownership or occupation extends. Persons objecting to such Alteration may appear and state Objections, &c. 3. Any person w’ho may feel himself aggrieved by such proposed stopping up, altering, diverting, or making any road may appear before the said Justices at the meeting to be held as aforesaid, aud state his objections thereto. Justices to hear Objections and make Order for such Alteration, &e. 4. Any three or more Justices of the Peace having jurisdiction in this Province may, at a meeting to be held at the time and place mentioned in such notice, hear and determine the matter of such uotice, and upon proof duly made to them of such notices having been given, and that any such new road is necessary, or that any such road may be diverted and turned either entirely or subject as aforesaid, so as to make the same nearer or more commodious to the public, or that any such road is unnecessary, the said Justices shall make an order directing such new road or alteration or new work, or stopping up or diverting such road or such part thereof respectively as they may deem expedient to be executed, according to such plan and book of reference, and shall annex a copy of such order to the notice, plan, and book of reference, and shall return the same, duly signed on each document, to the Superintendent within seven days from the date of the decision. If Application Disallowed by Justices, Superintendent may apply to Provincial Council. 5. In the event of such application being disallowed by the said Justices, they shall endorse upon the notice whether the whole of the notices have been given, and plan, and book of reference have been deposited as required by this Act, and the notice, plan, and book of reference shall be retained by the said Magistrates’ Clerk, and open to inspection as aforesaid until applied for by the Speaker of the Provincial Council; and it shall be lawful for the Supeiintendent to apply to the Provincial Council to pass an Act to authorise such new road to be made, or such road to be stopped up or diverted as aforesaid, without giving any further notice. After such Order, Persons making New Roads, Ac., may enter Lands, Ac. 6. After such order has been made by the said Justices as aforesaid, it shall be lawful for ihe said Superintendent, for the purpose ot making such new road, or altering or diverting any road, and for his workmen, with or without any carts or carriages, from time to time to enter upon the lands and grounds through which such road is intended to be made or pass, and also upon any adjoining lands or grounds, to stake out the same, and make such road, and all necessary ditches, drains, fences, and bridges in such manner as lie or they shall think necessary, withouCbeing deemed trespassers, and without being liable to any fine, penalty, or punishment for entering upou such lands or grounds respectively for any of the purposes of this Act. Persons Obstructing Rond liable to Penalty. 7. If any owner or occupier, or other person, shall alter, obstruct, or in any manner interfere with any such roads, stakes, fences, ditches, drains, or bridges, or any part thereof, such owner or occupier, or other person, shall be liable to reimburse all charges aud expenses which may be occasioned by reinstating and making good the work so altered, obstructed, or interfered with, and shall also forfeit any sum not exceeding Five Pounds. New Road to be Public Highway: Old Road not to be stopped up until, Ac. 8. The new road so to be appropriated and set out, shall be and for ever continue a public highway to all intents and purposes whatsoever, but no old road (except in case of stopping up such old road as aforesaid) shall be stopped up until such new road shall be completed and put into good condition, aud shall be certified to be in a fit state for public use by the Principal Engineer of this Province, or by any two Justices of the Peace, and duplicates of such certificate deposited with the Superintendent ot this Province, and the said Magistrate’s clerk. Expenses of Altering Road, etc., to bo paid by Person requiring the same to be done. 9. All expenses attending the making any new road, or stopping up or diverting any road, shall be paid by the person requiring the same to be done, and be recoverable in a summary way. Lands mav be Purchased for Improving Roads, etc., and Parties may Sell, etc. 10. It shall be lawful for the said Superintendent of this Province to obtain and acquire by purchase, lease, or otherwise, and it shall be lawful for all persons, companies, bodies corporate or incorporate, as also all attorneys, trustees, managers, and directors whatsoever, not otherwise so empowered, and guardians, tutors, and curators of every person whatsoever under any legal disability or incapacity to sell, devise, and convey all such lands, buildings, and premises as shall be required for making any new road, or diverting any existing road, as ordered by three or more Justices