Untitled

Southland Times, Volume I, Issue 7, 2 December 1862, Page 4

ROADS' ©RDINANCE, 1862. An Ordinance to Regulate the Formation and Management of Public Roads within the I'rovincc of Southland. Whereas it is expedient to make provision for the formation and management of Public Roads within the Province of Southland : Be it therefore enacted by the Superintendent of the Province of Southland, with the advice and consent of the Provincial Council thereof, ■ as follows : — Short Title. 1. The short title of this Ordinance shall be the "Roads Ordinance, 1562." Jlepeul of Olago Ordinances. 2. The " Roads Ordinance, 1856," and the R)ads Ordinance Amendment Ordinance, 1856," and the "Roads Claims Ordinance, 1859," of the Superintendent and Council of the Province of Otago. are hereby repealed, so far as the same relate to the Province of Southland. Province to be divided into districts. 3. Tor the purposes of this ordinance, the Province of Southland shall be divided into districts as hereinafter provided. Superintendent to proclaim districts in certain rases, and to define the limits thereof. 4. Whenever it shall appear to the satisfaction of the Superintendent that a population of not less than two hundred reside in any district of not less than ten thousand acres in area, or if a majority of the inhabitants of such district shall petition the Superinten dent in writing, the Superintendent shall with all convenient speed notify by proclamation in the Provincial Government Gazette that such district shall bo a R.jid District within the meaning of this ordinance from a certain day to be named in such proclamation, and shall ahe therein dtfine the limits of such district. Superintendent may abolish, alter, S;c., boundaries of districts ujion receiving resolution of Provincial Council. 5. It shall be lawful for the Superintendent, by proclamation as aforesaid, upon receiving a resolution of the Provincial Council duly passed to that effect, to abolish or alter the boundaries of any such district. Boad Trustees to be elected for each district 6. To carry out the provisions of this ordinance, there shall be Trustees for each of such districts, who shall be called Road Trustees, and shall be elected as hereinafter provided. To hold office for two years from Ist January following day of election. 7. Such Road Trustees shall (except as hereinafter provided) continue in office for the period of two years from the Ist day of January next ensuing the day of their election ; and in case of any vacancy arising during such period, the person elected to fill such vacancy shall hold office only for the residue of such period. Qualifications. Disqualifications. 8. Any person rated or liable to be rated in any district under the provisions of this ordinance shall be qualified to be elected a Road Trustee for such district: Provided that no person deriving directly or indirectly any emolument or profit from any business or work, or contract for any business or work, performed or to be performed nnder this ordinance, shall be qualified to be so elected ; and in case any Road 'j rustee shall enter into a contract for performing any such work, he shall thereupon cease to hold office as such Trustee. Trustees may appoint Clrrk and Treasurer Treasurer to give security. 9. It shall be lawful for the Boad Trustees of any district to appoint fit persons to be Clerk and Treasurer, who shall receive such reasonable remuneration for their services as the said Trustees shall think fit; and any person appointed Treasurer shall give such security for the due discharge of his duties as the said Trustees shall think fit. May appoint other officers. 10. It shall be lawful for the Road Trustees of any district to appoint surveyors, overseers, collectors, and other officers which may be required to enable them properly to carry out the provisions of this ordinance ; and such officers shall receive such reasonable remuneration for their services as such Road Trustees shall think fit; and any such officers shall, if so required by such Road Trustees, give sufficient security for the faithful discharge of their duties. Officers to Account. Proceedings in case of misconduct. 11. All such, officers as shall be appointed by virtue of this ordinance shall, every three months, render to such Trustees, or to such person as such Trustees shall appoint a true, exact, and perfect account in writing under their respective hands, with proper vouchers, of all money which they shall respectively, W the time of rendering such account, have received and paid for on account or by reason of their respective offices ; and in case any money so received by any such officer , shall remain in his hands, the same shall be paid to such Road Trustees or to such person as they shall appoint, by writing under their hand ; and if any such officer shall refuse or wilfully neglect to render and give up such account, or to produce and deliver up such vouchers, or shall for the space of fourteen days after being thereunto required, so refuse or neglect to render and give up to such Trustees, or to such person as sush Trustees shall appoint, all books, papers, writings, tools, matters, and things in his hands, custody, or power belonging or relative to his office or the matters thereof; then it shall be lawfAs for any two Justices of the Peace, upon complaint made by or on behalf of such ■ Road Trustees, to hear and determine such complaint in a summary way, and to cause 1 such money as shall appear to be due and • unpaid to be levied by distress and sale of ) the goods and effects of such officer, render- - ing to him the surplus, if any, of the money re- • maining due after deducting the costs of the proceedings; and if sufficient goods and effects i cannot be found, or if it shall appear to such, justices that such officer shall have wilfully refused to give such account, or to deliver up

any books, papers, writings, tools, r matters, and things in his custody or power, relating to the execution of his office, such justices shall commit him to the common jail of the Province, there to remain until he shall make and give a true and perfect account, and verify the same in manner aforesaid, and. shall deliver up the vouchers relating thereto, and shall have paid the money if any remaining in his hands according to the direction of the trustees of the district whose officer he is, or until he shall deliver up such books, papers, writings, tools, matters, and things, or have given satitfaction to such Trustees concerning the same ; but no such officer who shall be committed on account of his not having sufficient goods and effects as aforesaid, shall be detained in prison by virtue of this ordinance for any longer titre than six calendar months. Superintendent to convene meeting of ratepayers _fo>- Jirst election of Trustees. 12. Within one month after any district shall have been proclaimed under this ordinance, the ratepayers of such district shall meet at some convenient time and place to be appointed for that purpose by the Superintendent, whereof ten days' previous notice shall be given in the Provincial Government Gazette, orinsomenewspaperpublished within the Province, and shall, after electing a chairman to preside over such meeting, elect five qualified persons to be the Road Trustees of such district : Such election shall be conducted in such manner as the said meeting shall determine. Vacancy in office of Trustees to be filled up by ratepayers. 13. Whenever, by reason of non-accept-ance, resignation, death, or other cause, any vacancy shall occur in the office of Road Trustees for any district, such vacancy shall be filled up by the ratepayers of such district at a general meeting held as provided in section 14 of this ordinance. Meetings of ratepayers to be convened by clerk when required by majority of Trustees. Penalty in default. 14. Whenever the majority of the Road Trustees of any district shall think expedient that a meeting of ratepayers should be hold, any two of them may, by writing signed by them, direct the clerk of such Road Trustees to convene such meeting at such convenient time and place as they shall appoint ; and thereupon the said clerk shall forthwith cause not less than ten days' public notice of such intended meeting to be given in some newspaper published within the Province, and in default thereof shall forfeit and pay for every such offence any sum not exceeding £10. One month before expiration of term of office of old Trustees, clerk to oil a meeting of ratepayers for election of new Trustees. 15. One month before the expiration of the term of office of the Road Trustee* of any district, the clerk to snch Trustees shall convene a meeting of the ratepayers of such district, whereof ten day's public notice shall be given in some newspaper published within the Province, for the purpose of electing new Road Trustees in the room of the retiring Trustees ; and every such meeting shall be conducted in the same manner as a meeting for the election of the first Road Trustees, as hereinbefore provided. Duties of chairman of meetings of ratepayers. 16. The Chairman of every meeting of the ratepayers of any district held for the purpose of electing Road Trustees, shall preside at such meeting — shall have only a casting vote in case of equality of votes — shall declare the state of the votes to the meeting, which declaration shall be final — nnd shall, within ten days, make a true return in writing to the Superintendent of the names and designations of the persons elected ; and such return shall be published in the Provincial Government Gazette; and in default of so doing such chairman shall forfeit and pay any sum not exceeding L2O. If ratepayers fail to elect Trustees, Superin-tendent-in Council to appoint three ratepayers to be Trustees. 17. In case the ratepayers of any district shall fail to meet and elect such Road Trustees as aforesaid for the space of one month after notice given by the Superintendent as aforesaid, then it shall be lawful for the Superintendent, with the advice and consent of the Executive Council, to appoint three qualified persons to be Road Trustees ; and such appointment shall continue only until the first day of January then next ensuing ; and in case the ratepayers fail to meet and elect Trustees befoie the expiration of the term of office of the Trustees of the district last elected, the said Trustees shall continue in office until first day of January next ensuing. First meeting of Trustees to be fixed by chairman of meeting of ratepayers. 18. The first meeting of the Road Trustees of every district shall be held at some convenient time and place to be appointed for that purpose by tUe chairman of the meeting of ratepayers on the day of election of the said Trustees ; in default whereof, such, meeting shall be held at some convenient time and place appointed as next hereinafter provided. Meetings of Trustees may be convened by majority of Trustees by notice. 19. Every meeting of the Road Trustees of any district shall be held at some convenient time and place as shall be appointed for that purpose by any majority of such Road Trustees, whereof ten days' public notice in one newspaper published in the Province shall be given, or whereof three days' notice in writing, signed by such Trustees shall be served personally upon each of the other Trustees or left at his usual or last known place of abode in the Province. Trustees to meet every three months. Quorum. 20. The Road Trustees of every district shall meet at least once every three months, and at every meeting of such Trustees three shall form a quorum ; such quorum shall be competent to execute and perform all acts, duties, matters, nnd things this ordinance gives to the Road Trustees of such district ; and all questions being decided by a majority of the votes of the members present, the chairman to have a deliberative and casting vote. Books to be kept. 21. The Road Trustees of every district shall cause minute books to be kept, in which shall be entered the minutes of all their orders and proceedings ; and the names of all members present thereat ; and also account books, in which shall be entered true and regular accounts of all money received and expended on account of roads, bridges, and works under their charge, specifying the sums applied to ordinary repairs, and to improvement of each road, bridge, and work, and to management and expenses, and the sums due and not recovered, and also the amount of debt and interest thereof; and such accounts shall be annually made up, and shall be audited by the Road Trustees of the district. Orders for payment of money. 22. All orders of the Road Trustees of any district for payment of money, and all precepts issued by such Road Trustees, shall be signed by the chairman for the time being of the meeting, r,nd two other Trustees, and countersigned by the Clerk. Retiring Trustees to hand to succeeding Trustees books, 4fc, with inventory. 23. At the expiration of the period for which the Road Trustees of any district shall be elected, the retiring Trustees shall deliver to the newly elected Trustees all books, papers, documents, and all property of every description held by them, and also a true and correct inventory thereof signed by them. Duties of Trustees. 24. The Road Trustees of every district shall have chaige and control over all the highways, roads, pathways, bridges, and thoroughfares, and all rivers, streams, water courses, drains, ponds, ditches, and the like, not being private property, and comprised within the proclaimed boundaries of such district : Provided always that nothing herein contained shall interfere with the powers, rights, or privileges of either the General or Provincial Governments.

Superintejtdent^mciy except roads from their ; >■■ managementi; ■■ 25. It shall; be lawful for Superintendent, .at anytime before or at the, time of the proclamation of any district under this, ordinance, to except (and any such exception . at any time thereafter; to revoke) out of the charge and control of the Koad Trustees of any district any roads, bridges, pathways, or thoroughfares, or- any rivers, streams, watercourses, drains,* ponds, ditches, and the like, within such district, by notifying such his intention in the Provincial Government Gazette ; and the same shall be excepted from their charge and control accordingly. Trustees may alter levels. •86. It shall be lawful for the Road Trustees of any such district, from time to time as occasion shall require, to alter the levels of any road within such district. Plans and specifications to be prepared and transmitted to Provincial Engineer, who shall upon. 27. Before proceeding to the execution of any work, the Trustees of every district shall first cause proper plans and specifications to be prepared of such work, and shall transmit the same to the Provincial Engineer for his approval ; and if the Provincial Engineer shall, within twenty days after receiving such plans and specifications, report to the Superintendent thaft such proposed works are inefficient or are dangerous, and that the Trustees refuse to adopt the amendments proposed by him, or that the same or other works are of urgent and immediate necessity, the Superintendent shall thereupon appoint one or more fit persons to inquire into Jthe subject and report thereon ; and if the Superintendent shall be satisfied upon such report that such works are inefficient or dangerous, or that the same or other works are of immediate and uigent necessity, he shall cause such work or works to be carried on and executed under the direction and supervision of the Provincial Engineer. If Trustees neglect essential work, Superintendent, upon receiving authority of Provincial Council, may cause same to be executed under supervision of Provincial Engineer. 28. If at any time the Provincial Engineer, or such person as the Superintendent shall appoint in that behalf, shall, upon inspection of any line of road laid out in any district, be satisfied that the Trustees of such district do not proceed with the execution of any essential or important work (of which the Provincial Engineer or such person so appointed shall be the judge), and shall thereupon report the same to the Superintendent ; it shall be lawful for the Superintendent, up->n receiving a resolution of the Provincial Council authorising him in that behalf, to cause such work to be carried on and performed under the supervision of the Provincial Engineer, and the expense of such work shall be paid by the Road Trustees of such district out of any money held or to be hereafter levied by them for the purpose of making and repairing roads within s>uch district. Trustees to estima'e annual expenditure and levy rate. 29. The Road Trustees of any district shall, as soon as conveniently may be after their election, estimate the amount of expenditure within their district for the year next following, and shall thereupon levy a rate upon all lands situate witnin such district according to the annual value to let of such lands : Provided that lands reserved from sale by the Governor or the Superintendent shall not be liable to be rated. Treasurer to make assessment. 30. The Road Trustees of every district shall from time to time direct the Treasurer in wtiting to assess such lands ; and such Treasurer shall, within thirty days after being so directed, return to such Trustees an assessment for such district ; and the assessment shall specify the full and fair annual value to let of the lands comprised in such assessment, and the names of the owners and occupiers, where known ; and such Trustees shall thereupon consider such assessment, and shall amend the same if they shall think fit. Notice of assess7nent to ratepayers. 31. When the assessment of the district shall have been made or amended to the satisfaction of the Trustees, the treasurer shall attach his name thereto, together with the date of making or amending such assessment, and a certificate to the effect that such assessment is a fair and just assessment, ac cording to the best ot his and their judgment, which certificate shall be signed by three of such Trustees, and shall be inserted twice at least in any one or more of the newspapers published within the Province, together with a notice that snch assessment may be inspected at the office of the Trustees for the period of twenty days, during office hours, by every owner or occupier of property included in such assessment, and that all objections to the same will be heard and determined by such Trustees at a meeting to be held for that purpose on some day to be named in such notice, being not more than thirty days from the date of the same ; and the Trustees shall on the day so named, meet and hear and determine all objections to such assessme-tt preferred by any person included in such assessment, and shall thereupon, if occasion shall require, amend such assessment ; and in case any such person shall feel himself aggrieved by reason of the decision of such Trustees, it shall be lawful for such person at any time within seven days from the time of such decision having been given to appeal from such decision to a Resident Magistrate or any two Justices of the Peace, who are hereby empowered to hear and determine such matters in a summary way, and whose decision shall be final. Maximum of rate may be altered with consent of ratepayers. 32. The rate leviable under this ordinance shall not in any one year exceed the sum of one shilling in the pound of the annual value to let, of all and liable to be assessed : Provided that it shall be lawful for the Road Trustees of any district to levy a greater rate upon receiving the consent in writing of threefiths in number of the ratepayers of such district. Rate, when and how payable. 33." The rate shall be paid to the treasurer at such time and place as the Trustees shall appoint, whereof public notice shall be given in some newspaper published within the Province, and shall be paid by the occupier of the land liable to be assessed, and if there be no occupier, then by the owner ; and the occupier of any land assessed shall be entitled to receive irom the owner the whole of the sum paid by him in respect of such rate. Hoio leviable. 34. In case any person shall neglect or re fuse to pay any rate by this ordinance au thorised to be levied for the space of twentyone days after such notice given as by this ordinance provided, it shall be lawful for the said treasurer, by virtue of a warrant under the hand of any Resident Magistrate, or any two Justices of the Peace, to enter into any part of the land assessed, and to levy the amount due, together with ar-y reasonable expense incurred, by distress and sale of the goods and chattels therein and thereon ; and iv case of the same not being levied by reason of the land not being occupied, or from any other cause, the arrears shall at any subsequent time be leviable in like manner upon any goods and chattels which may be found in or upon the premises. Hmv recoverable. 35. It shall be lawful for the treasurer of any such district, in case of non-payment of any rates authorised to be levied within such district to use and employ all such remedies for the recovery thereof as are given and provided by the "Sale for Non-payment of Rates Act, 1862," of the General Assembly of New Zealand. Money raised by assessment — how applicable. 36. AH money raised or levied under (this ordinance, shall be applied to the payment of all salaries and other necessary expenses, and to the forming, maintaining, and repairing of all roads, oi any works connected therewith, in the. district within which the same shall be levied, excepting such lines of roads as may have been or may be specially reserved from

the management ,, of the. Trustees^ as, afore^ „^| said : ., Provided, it ' shall! beJlawful toi 'lth^i j treasurer of M^sucKdistrict 'ln^ case "I payment; of any rates authpris^' tp'be.leyiefrf;? i within . such district^ .'tp.iuae' aincl ' employ* r aUt '.?;% such remedies,' and to take iUV'siigii^6.tep.rfo^JC'^ the recovery : thereof .as are given 'by- vth'ie?"-' " Sale^for.Non-^yment.'crf'Baitgs .'Acfciifoai?.? „ | of the General, Assembly ■ pf ,4^.;', .' Mop of road, in district -to., be made.l Toibe-,.^ evidence in certain cases.. . ■:;. ,; . ; , 37. The Provincial Engineer ; shfill, at the request of the Road Trustees of atijr district, cause a map of such, district-to -be-njade, oa •which the roads shall be ; : deliheat^d ; ahd set down, and the main roada and branch roads shall be distinguished . by different 'colors; ' arid the said map shall !be kept in 1 the custody of the clerk to the trustees, and the | same, signed by the Provincial Engineer, I shall be received as evidence in all Courts g herea ter established by ordinance of : the § Provincial Council, and by all Courts now | established in ttie Province, and empowered g to hear and determine offences in a summary ' i "way. I Sums voted for roads by Provincial Cpwicil to § be paid to Treasurers of districts : in ichat j| proportions. m 38. It shall be lawful for the Provincial S Treasurer, out of any sums voted by the M Provincial Council for roads, to pay to the || Treasurer of any District a sum which shall 9 bear the same proportion to the sum raised || by assessment within such District as the Ji annual value to let of the Waste Lands of m the Crown (not being land reseived from sale || by the Governor or Superintendent) shall | bear to the annual value to let of all lands § within such District liable to be assessed 1 under this ordinance ; and such sum shall be i applied subject to the provisions of this ordi- I nance to the formation, repair, maintenance, | management, and improvement of roads * within such District, and to the execution § of any work connected therewith. fc Special rates may be levied. E 39. It shall be lawful for the Trustees of 1 any District from time to time, as occasion If 1 shall require, to levy a Special Rate for any l§ particular locality for the purpose of ex- S| ecuting any special or particular work in |f such locality, for the improvement of any f road therein ; and such Special Rate shall be M assessed and levied in like manner as is m herein provided with respect to yearly Rates M authorised to be raised by this ordinance. &i Trustees may accept loans. || 40. It shall be lawful for the Trustees of || any District to accept loans of such sums of |j money as may be requisite for the making, m maintaining, and improviog of any particular m road or roads, or any part of such road or roads within the District, and for securing | repayment thereof with interest, to assign | any assessment authorised to be levied for | such road or roads, or any part thereof; and | the money so lent shall be laid out and | applied for such express purpose : No such, | Trustees shall be held personally liable for jg the repayment of any money borrowed, or M' interest thereof, by reason of having signed H. any such assessment or security as aforesaid K| Power to obtain materials for roads, §c. upon |I making satisfaction. ||1 41. It shall be lawful for the Trustees of g any District to search for, dig, and carry fa. away any stone, gravel, or other material for li making and repairing any Toads and foot- |* paths, from any land where the same may be m found, and to convey or deposit the same 0_ through or on the ground of any person ; the jj said Trustees making or tendering such pay- 'M ment or satisfaction for such materials, >>nd M l for the surface damage done to the lands from. g|_ whence such materials shall be dug or carried |g away, or over or on which the same shall be || carried or deposited, as the said Trustees |j shall consider reasonable ; and in case the H? said Trustees and the proprietor or occupier i of such lands shall differ as to the amount of gsuch payment and satisfaction for damages, P the question shall be decided by the award gH of two indifferent persons, one to be chosen fm by the said Trustees, and the other by the.^pj proprietor or occupier of such laud, or thfte |a< umpier of such two persons in case of their nf °i disagreement, said umpire to be appointed |"? befoie they enter on the matter in dispute; M,. and should either party refuse or neglect to ,|S / appoint an arbitrator within ten days afte?-^ j&j receiving notice in writing for that purpose, i the decision of the arbitrator first appointed J_ shall be binding, and the award made under § any such reference shall be binding tj . and conclusive on all parties inte- S A rested : Provided always that such §_ materials shall not be required for the || private use of the owner or occupier of such | land, and that such land or ground is not an j§ orchard, garden, or enclosed ground planted IT for ornament or shelter ; and provided also I* that before taking such materials from any §— land, fourteen days' previous notice in M writing, signed by two Trustees, shall be lip given or left at the usual residence of the if proprietor or occupier of the land or quarry from which it is intended to take the same, !JL_ or his or her agent, to appear, on a day to be fij named in such notice, before a meeting of the ||l_ Trustees to show cause why such materials fe^ should not be so taken ; and in case such fe^ proprietor, occupier, or agent shall attend ?;§■■* pursuant to such notice, cr shall neglect ,;; ; refuse to appear, the said Trustees may ,v; authorise or prohibit the taking of such fljtf materials, or make such order as they shall think fit. ,;'{ To make ditches, #c., if necessary into .. J adjoining land. 'V 42. It shall be lawful for the Trustees of ; ;'* anj District to make sufficient ditches along _■. the side of any road within such District ; JA : provided that if the land is enclosed on the ■ ' side of such road, such ditch may be made ___ on either side of the fence ; and also to ' make proper ditches, and outlets from such ditches, through any lands adjoining to such -■ road, in such manner as shall be least ••" injurious to the proprietor and occupier of • such land; and the proprietor and occupier of such land shall be bound to keep such !A1 ditches, and outleti clear and free from all ; obstructions. V.. May make bye-laws. t ~~ 43. It shall be lawful for the Trustees of any District to make any bye-laws for the **>* regulation of their proceedings and the con- Induct of their business, provided such g> bye-laws be not repugnant to this ordinance. i|j~ Offences. M 44. Any person who shall commit any of GTE the offences hereinafter specified, shall ft forfert and pay for every such offence any ,^Ti sum not exceeding LlO besides all damage p occasioned thereby ; that is to say — |r| 1. Shall dig any ditch or hole upon any road '£ or thoroughfare without the consent :|> Aai of the Trustees of the District ; or '2k 2. Shall cause -eny injury to any bridge,' ditch, drain, fence, or road ; or iw 3. Shall unlawfully remove any material Recollected for making or repairing any ggop o road; or ?a A 4. Shall place any timber, firewood or stones &■ on any road, pathway, or thorough- 1 1 » fare, or in any way cause y?j! obstruction; or '■^mwr5. Shall neglect or refuse to keep a fencfvt «Bf^ hedge on his land beside a ditcT^oio retffisiue of a road in repair ; or '«*i°^. *"' m, ' 6. Shall neglect or refuse properly to cleanse It any side drains, tail drains, ditches, orfpY outlets from his land to any road^A< adjoing such land. |flic hiterpretation. lji?» 1 45. The words " proprietor of land ♦' and||te ( " owner of land " shall be construed to meanip— the person entitled to the fee simple of suchl land, and the word "ratepayer" shall be| r,\j construed to mean any person liable to be| \* rated under this ordinance. | J Commencement . of Ordinance. | - — 46. This ordinance shall come into oper-S VQ ation within one month of the day upon| Q' which the assent to it of Hia Excellency the! ■.. Governor has been notified in the Provincial ■■ Government Gazette. t \ . :. v |"_ r - I