HIGHWAYS BILL.
In the thirty-fifth year of the reign of her Majesty Queen Victoria. Session XXII., No. Title. — A Bill to consolidate and amend the law relating to Highways iv the Province of Nelson. Preamble. — Whereas an Act was passed by the Superintendent and Provincial Council of the Province of Nelson, in Session 111., No. 4, entituled the " Country Eoads Act, 1856," and a certain other Act was also passed by the Superintendent and Provincial Council of the said province, in Session V., No. 12, entituled the " Country Roads Amendment Act, 1358," and a certain other Act was also passed by the Superintendent and Provincial Council of the said province in Session'X., No. 2, entituled the " Country Roads Amendment Act, 1863." And whereas it is expedient that the said Acts should be repealed and other provisions made in liou thereof. Be it therofore enacted by the Superintendent of the Province of Nelson, with the advice and consent of the Provincial Council thereof as follows : — 1. Short Title.— The short title of this Act shall be the " Highways Act, 1872." 2. Recited Acts repealed — The said recited Acts shall be and the same are hereby repealed: provided always, that nothing herein contained shall extend or be deemed to extend to prevent the collecting, suing for, and recovery of any rateß already imposed under the authority of the said recited Acts or either of them, but that such rates, or so much thereof as are due and unpaid, may be collected, sued for, and recovered in the same manner as if imposed under this Act, provided also, that the present Board for each district shall continue in office until the first Monday in the month of July, one thousand eight hundred and seventy-two, and shall have and exercise the same powers as if they had been elected under this Act. 3. Superintendent to proclaim District. — It shall be lawful for the Superintendent from time to time to constitute and appoint certain districts in which this Act shall come into operation, and the limits of such districts from time to time to alter as occasion may require, and also, if he shall see fit, to revoke the proclamation by which such districts shall have been constituted, and to make such other provisions as he shall think necessary for carrying into effect this Act ; provided always, that all districts constituted under the said recited Acts, or either of them, and existing at the time of the passing of this Act, shall be deemed to have been constituted under this Act. 4. Qualification of Electors. — Every person whose name shall appear on the Electoral Roll for the time being in force, as entitled to vote in the election of members of the Provincial Council for the district, and if there be no Electoral. Roll for any district to be constituted as aforesaid, a list of persons qualified to vote in each such district shall be formed from the Electoral Roll, or from the claims of persons entitled to vote in the election of members of the Provincial Council, by Borne person to be appointed for that purpose by the Superintendent ; % and every person whose name shall appear in such list, shall be qualified to vote and take part in the procedings of tho general meetings or elections which shall tnke place in the district previous to any rate being levied for the district ; and after any such rate shall have been levied, then every persoa who ehall have paid the then last rate so levied for the district shall be entitled to vote and take part at such meetings or elections : provided alwayß, that such person shall have paid all rates for which he shall be then liable, such payment, if disputed, to be proved by the book usually kept by the collector of the rates for the time being, or by the production of the collector's receipt for the came. 5. Board to be elected for each District.— T?ov carrying into effect the provisions of this Act, there shall be a Board for each district, which shall consist of five members until the Ist day of July, 1872, and afterwards of six members, to be elected as hereinafter provided, any three of whom shall form a quorum : provided always, that it shall be lawful for the Superintendent at any time by proclamation in the Government Gazette to increase the number of members for any district to eight, if he shall think fit. 6. Hoio Members of Board to go out of Office. — One half of the members, to be determined by lot, shall go out of office on the first Monday in the month of July, in the year next after the first election of the Board, and the remaining half on jfche first Monday in the month of July, in the
following year ; and in every subsequent year, those members who shall have been two years in office, shall go out of office on the first Monday in the month of July. Any members going out of office may be re-elected, if then qualified. , 7. Mection of Board. — On the first Monday in the month of July, next after the constitution of any district under this Act, at noon, and at a convenient place within such district, to be fixed by the Superintendent, the voters shall assemble, and having appointed a chairman, shall proceed to elect from amongst the persons qualified to vote at such meeting, six persons to be a Board for the district, and the chairman shall report, in writing, to the Superintendent, the names of the persons so elected. 8. Show of Sands to be taken. — If there shall be more candidates proposed than tile number of members to be elected, the chairman shall call for a show of hands separately in favour of each candidate, and after such show of hands, shall declare the persons on whom the election has fallen. 9. Poll to be Taken if demanded. — If a poll shall be demanded, the chairman shall then fix and declare a future day on which the polling shall take place, such day not being less than three nor more than seven days after the day of nomination; and shall forthwith give public notice in such manner as he shall deem best calculated for giving full publicity to the same of the day and place or places of such polling, and the names of the candidates, and shall also provide a ballot box and a sufficient number of printed or written ballot papers containing the names of all the candidates at such election. 10. Polling to be by Ballot. — Every polling shall be by ballot, and shall commence on the day appointed for the same at the hour of ten in the forenoon and close at four in the afternoon, and the chairman of the meeting, or some person appointed by him by writing under his hand, shall preside at and conduct such polling ; and each candidate may, by writing under his hand, appoint a scrutineer to be present at such polling. 11. Power to Superintendent to constitute Subdistricts for Election purposes. — Provided always, that for the purpose of electing members of the Board for any district, it shall be lawful for the Superintendent from time to time if he shall think fit, by proclamation in the Government Gazette, to divide any district or districts into sub-districcs, and to apportion the number of members for the whole district between such subdistricts as he shall think proper ; and in such case the members for each sub-district shall be elected by the electors paying rat6s for lands or tenements within such sub-district. And if no rate shall have been levied in the district, then by the persons whose names shall appear upon the electoral roll for qualiflcation within such subdistricts respectively. And such elections shall be conducted in such sub- districts in all respects in the same manner as is herein provided for election of members for districts. 12. Number of Votes to be given by JSlectors. — Every person entitled to vote at the election for the district or sub-district, as the case may be, may vote for any number of candidates not exceeding the number of members then to be elected. 13. Mode of voting. — Every elector tendering his vote for any district or sub-district for which he shall then be entitled to vote, shall be supplied with a ballot paper, and shall thereupou strike out the names of the candidate or candidates for whom he does not intend to vote, and then deposit such paper in the ballot box ; and any ballot paper recording more than the legal number of votes at any election, shall be rejected at the close of the poll. 14. When and how Vacancies in Board to be filled up. — At noon, on the first Monday in the month of July in every year, and at a convenient place within each district or sub-district, to be fixed by the Board, or if there be no Board then by the Superintendent, the voters having elected a chairman shall, in manner herein provided, elect such number of persons qualified to vote at such meeting to be members of the Board ac shall be needed to supply the vacancies therein for such district or sub-district ; and the chairman of every such meeting shall report in writing to the Superintendent the names of the persons so elected. 15. Tf Vacancy, Neio Member to be elected. — If at any time, a vacancy shall occur in the Board by reason of death, absence, resignation, bankruptcy, or otherwise, the Board shall forthwith appoint a meeting of the voters for the district or sub-district, at the hour aforesaid, on such day and at such place as the Board shall think expedient, and the voters at such meeting, after electing a chairman, shall in manner hereinbefore provided, elect from amongst the persons qualified to vote at such meeting a number of new members equal to the number of vacancies for such district or sub-district, and the chairman shall report in writing to the Superintendent the names of the members so elected ; and every member so elected shall hold office until the time at which the person in the room of whom he was elected would regularly have gone out of office. 16. Superintendent may appoint Voting Places, and malce other arrangements. — Provided that if, in consequence of the size of the district, or from any other cause, it shall appear desirable to give the electors an opportunity to record their votes in more than one part of the district, it shall be lawful for the Board for the district, or if there be no Board, then for the Superintendent at the time of giving notice of such election, to appoint additional polling places, and to make other arrangements for the election of members of the Board. 17. Names of Members to be published in Gazette. — Tho names of the members elected shall be published in the Government Gazette of the province. 18. Expenses of Elections to be paid by the Board. — All expenses attending the election of members shall be paid by the Board for the district. 19. If Voters fail to elect Board, Superinten-
dent mag appoint Hoard — In case the voters in any district or sub-district shall, at any meeting called for that purpose fail or neglect to elect a Board, or to fill up the vacancies therein, as the case may be, it shall be lawful for the Superintendent to appoint a Board for the . district, or Oil up the vacancies therein from the voters of the district or sub-district ; and such Board shall have the same powers and authorities as if they had been elected by the voters of the district. 20. Members of Board to be disqualified in certain cases. — If any member shall refuse to act, or be absent from the meetings of the Board without leave for three successive months at any one time, or 6hall become brankrupt, or an insolvent debtor within the meaning of any laws relating to insolvent debtors, or a public defaulter, or be convicted of felony or any infamous crime, he shall cease to be a member of the Board. 21. Board may cause Assessment to he made. — It shall be lawful for the Board for each district from time to time to cause an assessment to be made of all lands and tenements within the district, and to employ sucli person or persons for that purpose as it may deem expedient ; and every such assessment shall be made upon the estimated value to sell of the lands and tenements comprised therein. 22. Notice to be given of Place where Assessment may be inspected — When the assessment shall have been made and approved of by the Board, the Chairman of the Board shall sign the same, and shall cause public notice to be given in some newspaper published or generally circulated in the province of such assessment having been made, and of the place in the district where the same may be inspected for the period of twentyone days ; and the person in whose custody such assessment may be, shall permit every owner or occupier of property included in such assessment to inspect the same during offico hours. 23. Board to levy Hate for the Maintenance of Roads — The Board of each district shall levy a yearly rate upon all lands and tenements within such district which at the time of making such rate shall be liable to be rated, of not less than one halfpenny and not exceeding one penny in the pound upon the estimated value thereof to sell, and shall lay out and expend the eaine in making and maintaining roads, bridges, drains, and other public works within the district : provided always, that Crown lands used for pastoral purposes only, the holders of which shall not have power to purchase or the right of preventing the lands from being offered for sale, shall be rated in respect of the same in proportion of onehalf part only of the annual value of the same for pastoral purposes, including all improvements thereon, and such rate shall not exceed five per cent, per annum upon the amount so voted. • 24. Rate to be paid by Occupier. — The rate shall be paid by the occupier of the land or tenement, or, in case there should be no occupier, by the owner thereof. 25. Rate to be Paid as directed by the Board. — The rate shall be paid to some person, appointed by the Board for that purpose, by the persons liable to the payment thereof, on a day to be fixed for that purpose by the Board, by public notice in some newspaper published or generally circulated in the province, and posted up in some conspicuous place in the district, not being less than twenty-one days from the time of giving of such notice ; and such notice shall set forth the names of the persons liable for the payment of such rate, and the sums payable by each of such persons. 26. Moneys to be Paid to Hie Treasurer of the Board. — All moneys levied or received under this Act, shall be paid to the Treasurer of the Board for the district for which the same shall be received, to be appropriated by such Board in defraying the expenses of currying out the provisions of this Act ; and the said Board, or any three of them, may from time to time issue their warrants to the said Treasurer for the payment of such moneys. 27. Superintendent may pay Money appropriated for Roads, Sfc, to the Board. — It shall be lawful for the Superintendent, if he shall think fit, to commit to the Board the expenditure of any moneys appropriated by the Provincial Council to the construction and maintenance of roads, bridges, drains, or other public works within the district, and to pay over the same to the account of the Board, to be appropriated in such manner and for such purposes as the Superintendent shall direct or appoint. 28. Board to make Contracts and appoint Surveyors, Bfc. — The Board shall have power from time to time to enter into any contracts for the execution of any work to be done under the authority of this Act, and to appoint and employ such treasurers, collectors, surveyors, clerks, and workmen as they may deem necessary to enable them to carry into execution the provisions of this Act ; and, as they shall think proper and necessary, to remove any such officers or workmen and appoint others in their stead ; and out of the moneys which shall come into their hands under or by virtue of this Act, to pay such officers and workmen such remuneration as shall be reasonable. 29. Collector and Treasurer to give Security. — Every collector, treasurer, or other person appointed to levy or receive the said rates, shall, if required, give sufficient security to the satisfaction of the Board for the district, by bond for the ftiithful execution of the said offico ; and every such collector, treasurer, or other person shall, at such time or times as the said Board shall direct, deliver to them true and perfect accounts of all moneys which shall have been received by him by virtue of this Act, and of all moneys paid by him, together with the proper vouchers for such payments : and if any person shall refuse or neglect to produce or deliver the vouchers relating to the same, or shall not deliver to the said Board within ten days after being thereunto required, all books, papers, and writings in his custody or power relating to the trust reposed in him, or shall refuse or neglect to pay such moneys as, upon the balance of any account, shall appear to be in his hands, to the Board, or as they shall appoint, every such person shall for every such
neglect, respectively forfeit a sum not exceeding £50, to be recovered in a summary manner. 30. Board may impose Dues for tise of any Public Work. — It shall also be lawful for the Board, with the sanction of the Superintendent, to impose such dues as they shall deem reasonable upon all persons making use of any public work established within the district under the authority of this Act. 31. Meetings of Board. — The business of the Board Bhall be transacted at meetings which shall be holden at such times and places, and may be adjourned in 6uch manner, as the Board shall direct or appoint. Any two of the members shall have power to call a special meeting of the Board, by giving to the other members, or leaving at their place of abode, notices in writing, signed by the members calling the meeting, specifying the time and place thereof, and of the business to be transacted thereat, which notices shall be given three clear days at least before such meeting ; and no business shall be done at any meeting unless three members at least be present. 32. Questions to be decided by a Majority present, and Minutes to be kept. — All questions which shall come before such meeting shall be decided by a majority of the members who shall be present thereat, and if there shall be an equal division of the votes, the chairman shall in addition to his own vote have also a casting vote, and a minute of every resolution agreed to shall be entered in a book to be kept for that purpose, and shall be signed by the chairman. 33. Accounts to be kept and audited. — The Board shall, in books to be kept 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 of the receipts and expenditure to the fifteenth day of June in each year, signed by three at least of the members of such Board, shall within seven, days thereafter be submitted to an auditor to be appointed for that purpose by the Superintendent, who shall forthwith examine and report upon the same. 34. Accounts to be published. — A copy of such abstract or balance sheet, with the finding of the Auditor thereon, shall be posted up by the Board at or before the commencement of the annual meeting, upon some conspicuous part of the place in which such meeting shall be held, and shall be published in some local newspaper previously to such meeting ; and a copy of such abstract or balance-sheet shall also be transmitted to the Superintendent, for the purpose of being laid before the Provincial Council at its next session. 35. Money, Books, &c, to be handed over to Neio Board. — All moneys found by the Auditor to be due from any retiring Board, together with all such books of account, vouchers, und papers, shall be forthwith paid and delivered over to the Board for the time being. 36. Members of Board not to contract, Sfc. — No member of the Board shall be a contractor with, or hold any paid office in the gift of such Board. 37. Penalty for Danger at Night. — If any person shall lay, or cause to be laid, any heap of stones, or any other matter or thing whatsoever, upon any road, and allow the sumo to remain at night to the danger or tho personal damage of any person passing thereon, all due and proper precaution not having been taken to guard against the same, he shall for every such offence be liable to a penalty not exceeding £10. 38. Penalty for not removing Nuisance. — Any person who Bhall permit any nuisance to exist upon any premises in his occupation, after the expiration of ten days' notice from the Road Board of the district ior the removal of any such nuisance, Bhall be liable to a penalty not exceeding £5. 39. Nuisances, what. — The word "nuisance" , under this Act shall include — Any premises in such a state as to be injurious to public health. Any pool, ditch, gutter, water-course, privy, urinal, cesspool, drain, or ash-pit, in such a state as to be injurious to public health. Any animal so kept, or any accumulation or deposit as shall be injurious to public health. 40. Penalty for erecting Windmills, Lime' , kilns, ifc, hi certain cases. — It shall not be lawful for any person to erect, or cause to be erected, within one hundred yards of any public road or street, any steam-engine or windmill, unless the same shall be behind some wall or fence sufficient to screen it frbm the road, so that it may not be dangerous to passengers, horses, or cattle; nor to make any fire for burning or calcining any limestone, bricks, or clay, or the making of coke or charcoal, within twenty-five yards of any public road or street, unless the same shall be within some building or behind some wall or fence sufficient to screen the same from such road ; and any person offending against this enactment shall be liable to a penalty for eVery such offence not exceeding ten pounds, and a further penalty, not exceeding forty shillings for every day during which the offence is continued after notice in writing from the Board for the district to remove the same : provided always, that no penalty shall exceed the sum of one hundred pounds. 41. Toll Gates may be erected. — The Board shall have power within tho district, to erect tollgates or bars on any road within the same. 42. Tolls not to exceed Scale set forth in Bc7iedule. — The tolls to be imposed by the Board shall not be levied more than once on the same day in any one district constituted under the authority of this Act, except where any person shall fail to produce a ticket as hereinafter provided ; nor shall exceed the scale set forth in the Schedule hereunto annexed ; and in all carriages wherein oxen or neat cattle shall be used, two oxen or cattle shall be considered as one horse with respect to tolls. 43. Table of Tolls to be erected at each Gate, and Tickets to he provided. — Before any toll shall be demanded at any toll-gate to be erected as aforesaid, the Board shujl put up, or cause to be put up, and afterwards to be continued at
every toll-gate within their respective districts, a table, painted in legible black letters on a board with a white ground, containing at the top the name of the gate, distinguishing the several tolls, and also a list of the several gates (if any) which shall be cleared by the payment of toll at the toll-gate or bar where such table of tolls shall be affixed ; and the said Board Bhall also, where more than one gate shall be erected in the district, provide tickets denoting the payment of toll, and on such tickets shall be named and specified the name of the gate at which the same shall be delivered, and also the names of the several gates freed by such payment ; one of ■which tickets shall be delivered gratis to the person paying the toll ; and on production of Buch ticket at any gate or gates therein mentioned as being cleared as aforesaid by payment of the toll at the gate where such ticket was delivered, the person producing the same ehall on the day of the issue thereof pass through the gate or gates therein mentioned without paying any further or additional toll for the same animal or vehide. 44. Collector taking improper Toll or obstructing Passengers, <$fc, liable to a Penalty. — Every toll collector who shall take more or less toll than authorized as aforesaid, or who shall refuse to give his name to any person demanding the same after having paid the toll, or who Bhall unnecessarily detain or wilfully obstruct or hinder any passenger from passing through the toll-gate, or "who shall use any abusive language to any traveller or passenger, shall for every such offence forfeit and pay any sum not exceeding £5. 45. Persons evading payment of Toll, Sfc, liable to Penalty. — Any person forcing his way through any toll-gate or bar, or evading tbe payment of any toll for passing through the same, shall forfeit and pay for every such offence any sum not exceeding forty shillings. 46. Board may let Tolls. — It shall be lawful for the Board at any time to let the tolls arising from any gate or bar within the district, for any period not exceeding two years. 47. Tolls to be expended on Trunk Lines in the District. — All tolls levied under the authority of this Act shall, after deducting tbe expenses of collecting the same, be expended in making and maintaining the roads within the district which shall from time to time be proclaimed by the Superintendent as trunk roads. 48. Act not to extend to certain Lands. — Nothing in this Act shall extend to any lands belonging to the Crown, unless such lands shall be leased, or held under license, nor to lands reserved or set apart for public purposes, nor to places set apart for public worship, or vested in trust for any publio object. Schedule. The following tolls may be demanded under this Act : — d. For every sheep, lamb, pig, or goat . 0£ For every ox, or head of neat cattle . 2 For every horse, mare, gelding, ass, or mule 3 For every gig, cart, dray, or other vehicle, drawn by one horse . . .6 For every other horse above one, drawing any one vehicle . . .6
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/NENZC18720417.2.9
Bibliographic details
Nelson Examiner and New Zealand Chronicle, Volume XXXI, Issue 22, 17 April 1872, Page 4
Word Count
4,645HIGHWAYS BILL. Nelson Examiner and New Zealand Chronicle, Volume XXXI, Issue 22, 17 April 1872, Page 4
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