THE ORDINANCES.

Nelson Examiner and New Zealand Chronicle, Volume IV, Issue 180, 16 August 1845, Page 96

THE ORDINANCES.

VQVLXC ROADS & WORKS CRDItf ANCE. '' [Pirnd April id, 1641,) Preamble.— Whereas ,jt is expedient Aat the owners and occupiers; of land in certain districts should be empowered tp make and levy rates upon land, for the maintenance and repairs of highways and other public works, and that the same should be under the direction and control of a certain number of such owners and occupiers, to be elected as a Board of Commissioners for that purpose, with necessary powers : be' it therefore enacted by the Governor of New Zealand, with the advice and consent of the Legislative Council thereof, as follows : — 1.-r-fiLKCTION OF DISTRICT COMMISSIONERS. 1. Qualification of Electors.—T&very person who shall nave to his own use a freehold estate in tends and tenements within any district to be fotmsd as hereinafter mentioned, which lands and tenements shall not be let for a term of seven yean or upwards, and every person duly appointed in writing as the procy of any such person for the purposes of this ordinance, and every lessee of lands and tenements within any such district for a term of seven years or upwards, , snail, being duly enrolled in manner hereinafter mentioned, be qualified to vote at the election of such board of commissioners as atsresaid. 2. IbrmatUm qf Districts.— ll the major part of the persons so qualified to become electors as aforesaid, within any district, shall apply in writing to his Excellency the Governor, distinctly setting forth the boundaries of such district, and requesting that the same may be declared to be a district within tie provisions of this ordinance, his Excellency may, by proclanutkuCdeclare the same to be such district, and hy such proclamation shall prescribe a period within which all claims to the right of voting at the election of the first and every succeeding board «f commusioners for such district shall be made. 3. JPbrmo/ Claims to vote, — Every such claim shall be in writing according to the form to this Ordinance annexed, and shall be addressed to the police magistrate of the district for the time being. 4. List of Claimants to be published.— -The police magistrate shall forthwith, upon the receipt of such claims as aforettid in that and every Succeeding year, cause the names of all persons who shall have proved such claims to him, to be arranged in alphabetical order, in a written or printed list, and to be posted up in some conspicuous place within the district, and shall add to such list a notice of the place and time of meeting, for the purpoie of proceeding under the provisions of this ordinance. 6. Annual Meeting to be held.— On the first Tuesday in the month next but one succeeding the .tints foe completion of the list of electors, and on the same day in every succeeding year, at the time and hour fixed for such meeting in the notice so to be given as aforesaid, the major part of the electors of the district being present, a chairman shall be elected, who shall commence the business of the meeting by proposing for consideration .whether any rate shall be levied for the, ensuing year under the provisions of this ordinance, which question shall be determined by a majority of the votes of the electors present at the time when, the said question shall be put to the vote.

6. Amount of Rate to befixti.— l£ it shall be determined that a rate shall be levied for the ensuing year, the meeting shall then proceed to determine in like manner the uniform sum per acre which may be levied and raised, in manner hereinafter provided, in the ensuing year. }. And ofTotls to be taJcen.—lt shall also be determintd by the meeting, in like manner, whether any tolls shall be imposed upon the passage of wheeled carriages along any road t^thln ths district, and also what shall be the amount thereof, ( and at, what place or places fui^l'tolla shall be levied: provided always that &c amount of toll to be, taken in any one day in respect of any wheeled-carriage shall not ex66e4 vie whole amount of rate or rates actually levje^ during the preceding year in respect of }njr one acre of land, and shall, under no circUmsUnces, exceed the sum of sixpence on any biie day for any. one such carriage. ;8, Commissioners to be elected. — If the levying of, « rate or the taking of tolls shall have been authorised as aforesaid, but not otherwise, the mtetmg shall proceed to nominate and in lflps manner to. fleet seven commissioners, being electors and willing to act; and such commistumegs, or day four of them, shall form a board, to>e called the, " Highway Commissioners for tty* District of " (as the case may be), j^aufamtyto carry into effect the provisions w this ordinance. * ..,«, T» OMdjime »» Office Jar a Year.— The m— isssioners to elected shall continue in ofiMLftr.ft year, and until th» next election of cattmjMonent provided always that anycomtowsiMMr so goingtrat of office may be forthwititosralsctedif then qualified as herein pro- ***.-.*• -. ... Hv— Powxb* Aim Duties op Commis> •*•'_• '. '•'-„ OIONEKB. • \'W)i Cotnmssioiiersmaymait and repair Roads. •^Ifceitoard of commissioners shall have power i^flttlk tbi limits df 'the district to make and kw in repair roads, street!, causeways, and bridges, wfra , td excavate, construct, and maintain weHs, waterworks, conduits, sewers, and tne Bke, and to Wvide for the setting up of toll' fata, or b*r*Vthe establiibmentof markets, and construction of market-places, landingpfeet, and other works of public utility. And toy Rat* *po* Land.— tor the ytil'p'ajW of railing the mean* for carrying into •Act all or any of the powers hereby given to tnt board of coaraunionen, tod for the defray

ing of all expenses incident thereto, the board shall have power to make and levy, in manner hereinafter provided, a rate for the year at a certain sum per acre upon all land within the district, except as hereafter isexcepted: provided that the amount of the rate so levied shall not exceed such rate per acre as shall have been authorized at the annual meeting of electors as aforesaid.

12. Rates to be paid by Occupier or Owner. — The rate Bhall be paid by the occupier of Buch land, or in case there shall be no occupier, then by the owner thereof : provided always that it shall be lawful for any person who shall be liable to the payment of any rate under the provisions hereof, to compound for the payment of such rate, by the performance of work or labour upon any of the works which may be, for the time being, undertaken by such commissioners, according to such scale and valuation, and subject to such regulations, in all respects, as shall from time to time be made by the commissioners for that purpose. 13. List of Ratepayers to be published by Commissioners.—Previously to levying any such rate, the commissioners shall cause a written or printed statement to be posted up in some conspicuous place or places within the district, setting forth the amount of rate to be levied, with a list of the names of the persons liable for the payment thereof, with the sum payable by each of such persons, and the number of acres in respect whereof the same shall be payable. And to such statement shall subjoin a notice that all objections thereto will be heard and determined by the said commissioners, at a time and place to be in such notice mentioned, such time being not less than one calendar month from the date of such notice, and the said commissioners shall hear and determine such objections accordingly. 1 4. Rates; how to be levied. — At the expiration of the time appointed for the hearing of such objections, the commissioners shall appoint fit persons to collect the rate due, which shall, on non-payment thereof, be recoverable at the suit of any such collector by summary proceeding before any justice of the peace having jurisdiction within the district, and shall be leviable by distress and sale.

15. Land tp continue liable for unpaid Rates. — In case it shall be impossible to levy the rate due by reason of the property rateable being unoccupied or otherwise, the arrears shall, at any subsequent time within seven years from the date of such rate becoming due, be leviable upon any goods which may be found upon such property.

16. Statement of Rates in arrear to be published by Commissioners. — The commissioners shall once in every year publish and cause to be posted up in some conspicuous place or places within the district, a statement of every sum so in arrear, and of the land in respect of which the same shall be due. 17. Tolls j how recoverable. — In case of the non-payment of any tolls which may have been so authorised to be taken as hereinbefore provided, it shall be lawful for the commissioners to levy the same by distress and sale. 18. Market Dues may be imposed by Commissioners. — It Bhallalso be lawful for the commissioners to impose such dues as may be reasonable upon all persons making use of any market-place, jetty, wharf, quay, landing-place, or other public work, established or maintained under the authority hereof; and in case of the non-payment of such dues, forthwith to levy the same by distress and sale. 19. Commissioners may appoint Agents, SfC. — It shall also be lawful for the commissioners to appoint and employ such agents as they shall find necessary for enabling them to carry into execution the provisions of this ordinance, and to pay agents so to be appointed such remuneration as shall be reasonable.

20. Application of Rates, Tolls, and Dues. — All moneys raised by any district rate, and all tolls and dues payable under the authority of this ordinance, shall be applied in defraying the cost and expenses necessarily incurred in the exercise of the powers hereinbefore given to the board of commissioners, and of no other costs or expenses whatsoever. 111. — Proceedings of Commissioners.

21. Meetings of Commissioners; how to be called. — No meeting of commissioners for the purposes of this ordinance shall be holden unless such meeting shall have been called by two commissioners at least. Notice of the time and place of every such intended meeting, specifying the business proposed to be transacted thereat, and signed by the commissioners calling the same, to be left at the usual place of abode of every other commissioner three clear days at least before such meeting. 22. All Questions to be decided by a Majority. —All questions- which shall come before such meeting shall be decided by the majority of the commissioners who shall be present thereat. 23. Minutes to be kept. — A minute of every resolution agreed to at any such meeting shall be entered in a book, to.be kept for that purpose, and shall be signed by the said commissioners who shall have agreed thereto. 24. Accounts to be kept and audited. — The commissioners shall, in a book to be kept by them for that purpose, enter true accounts of all sums of money by them received and paid, and of the several matters in respect whereof such sums shall have been received and paid. All such accounts with all vouchers and papers relating thereto, together with a full abstract or balance sheet thereof, signed by three, at least, of the commissioners, shall yearly at such general meeting as aforesaid be submitted to such meeting, and shall (as soon thereafter as conveniently may be) be examined and audited by two or more persons to be appointed for that purpose by such meeting. 25. Copy of Balance Sheet to be published. —

A copy of such abstract or balance sheet shall also be posted up by such commissioners at or before the commencement of such meeting as aforsaid, upon some conspicuous part of the place in which such meeting shall be held. . 26. Moneys* Books, Sfc, to be handed over to new Commissioners. — All moneys found by the auditors to be due from the commissioners uni der the provisions of this ordinance, together with all such books of accounts, vouchers, and papers, shall be forthwith paid and delivered over to the commissioners for the ensuing year. 27. Crown and Native Property not to be rated. — Provided always and be it enacted that no land belonging to the Crown or to any of the aboriginal inhabitants of the colony shall be liable to be rated under the authority of this ordinance.

28. No District to be included within any Borough. — Provided also that in case any portion of any district shall be included within the boundaries of any borough hereafter to be incorporated, the portion so included shall thenceforth cease to form part of such district for any of the purposes of this ordinance. 29. Interpretation Clause. — In the construction of this ordinance, the word " person " shall be taken to include any body corporate or body of trustees.