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_:_: yy y mi '■ the mahagement'oT the Truste^es -ai^alHH said: Provided it shall be lawful tfo7l»W : treasurer of any euch; distriot incase of^l|^ 1 payment of any Ht^s authorised^^ to be le^tfS within such-district,, tp-use -and employß? :7 such remedies, and to takVall!such stewfe-ii - the; reebveryrthereof '.jw? ? are" given. BjKgjpi--"Sale for Non-payment of Rates lAct, 'iWy^of the General ; Assetnbljr \ pf New "Zealan* c : rl Map of road in district to be made. :2l" ' evidence in aertai^cases.-: : - S ■- 37. The Provincial Engineer shall, atf 3 request of the Road Trustees of any diata 3 cause a map of such district to be maHoj which the roads shall- be delineated andS^^ down, and the main roads: md- branch re \ - * shall be distinguished by different colt (XOC and the said map shall be kept in I * custody of the clerk to the trustees, and | : < same, signed by the* Provincial Engin |* * shall be received a3 evidence in all Coi jf; herea ter established^ by ordinance of W i. Provincial Council, and by all Courts _hr-~-established in the Province, and empowJ liy-y to hear and determine offences in a sumnmr jr way. §&y Sums voted for roads by Provincial CouncM be paid to Treasurers of districts: inwhMproportions. g" 38. It shall be lawful for .the ProvinSElJi Treasurer, out of any suras voted by SkProvincial Council for roads, to pay tor Treasurer of any District a sum which slff- — bear the same proportion to the sum raiS' by assessment within such District as MrpfJ annual value to let of the Waste Landa^ the Crown (not being land reserved from 4p' : ' - by the Governor or Superintendent) sill bear to the annual value to let of all lasi _ Tr , within such District liable to be assesi|VC under this ordinance; and such sum shall* applied subject to the provisions of this 018 nance to the formation, repair, maintenaim management, and improvement of roS-. within such District, and to the executg of any work connected therewith. i!***-*^ Special rates may be levied. || . 39. It shall be lawful for the Trustees!!— — any District from time to time, as occasfl shall require, to levy a Special Rate for tjgiparticular locality for the purpose of Mecuting any special or particular work kT-A-' such locality, for the improvement of asf " road therein ; and such Special Rate shallfg OP assessed and levied in like manner asj| herein provided with respect to yearly Raffa authorised to be raised by this ordinance. HPO Trustees may accept loans. ]jt. 40. It shall be lawful for the Trustees 1 any District to accept loans of such sums t money as may be requisite for the makin! maintaining, and improviog of any particuls Impc road or roads, or any part of suchroadi EN roads within the District, and for securia repayment thereof with interest, to asaig * 0.1 any assessment authorised to be levied fl such road or roads, or any part thereof; ai » the money so lent shall be laid out al applied for such express purpose :No su| ~ Trustees shall be held personally liable ffi the repayment of any money borrowed, <IRA interest thereof, by reason of having signl! &$ any such assessment or security as aforesaid! Power to obtain materials for roads, §c. «#pT making satisfaction. 'ijpLA 41. It shall be lawful for the Trustees MC' any District to search for, dig, and car|| TA away any stone, gravel, or other material f® making and repaiiing any roads and fotr^| paths, from any land where the same may l|^. I found, and to convey or deposit the sai-p Ti through or on the ground of any person ; tig| said Trustees making or tendering such paj|| ment or satisfaction for such materials, pwk r\ for the surface damage done to the lands f roM m whence such materials shall be dug or carriep| away, or over or on which the same shall M. carried or deposited, as the said Trusted shall consider reasonable; and iv case till. ' said Trustees and the proprietor or occupil^ " of such lands shall differ a* to the amount M. _, such payment and satisfaction for damage!]? the question shall be decided by the awanfl of two indifferent persons, one to be choseM by the said Trustees, and the other by thf| .**"" proprietor or pgcupier of such land, or tht».M umpier of stnjh two persons in case of th^M disagreement, said umpire to be appoi^te* T 1 befoi e they enter on the matter in dispatell\ and should either party refuse or neglect<«|^ appoint an arbitrator within ten days afteil receiving notice in writing for that purposes. 1 1 the decision of the arbitrator first appointed TI shall be binding, and the award made tmde|| any such reference shall be binding and conclusive on all parties inte|| ( rested : Provided always that »ucl|f » n materials shall not be required for th|| m private use of the owner or occupier of euclf'a land, and that such land or ground is not aij| ■» orchard, garden, or enclosed ground planted.^, for ornament or shelter ; and provided alsosC*', that before taking such materials from anj*| 6] land, fourteen days' previous notice in^^ writing, signed by two Trustees, shall btp given or left at the usual residence of th«^f proprietor or occupier of the land or quarrjJJ C from which it is intended to take the same^l or his or her agent, to appear, on a day to befitO' named in such notice, before a meeting of thtit — Trustees to show cause why such material'Jl'C. should not be so taken ; and in case sucl||ttQ proprietor, occupier, or agent shall attend® pursuant to such notice, or shall neglect o!.'*|s refuse to appear, the said Trustees maj I*l authorise or prohibit the taking of sucl fj materials, or make such order as they shalLi— - think fit. *§'B To make ditches, &c, if necessary *»<flXvp< adjoining land. 42. It shall be lawful for the Trustees ol -* any District to make sufficient ditches along '"' the sid« of any road within such District j . C provided that if the land is enclosed on the'U side of such rosd, such ditch may he made on either side of the fence ; and also to— — make proper ditches, and outlets from such r ditches, through any lands adjoining to such^ jj 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. ; ditches, and outleti clear and free from *Upf] obstructions. * ■ May make bye-laws. 43. It shall be lawful for the Trustees of-r-r---any Dibtrict to make any bye-laws for th«& ;£ j| regulation 01 their proceedings and the con«~ti < duct of their businoss, provided suchfS? bye-laws be not repugnant to this ordinance.^; Offences. J^ 44. Any person who shall commit any of yl the offences hereinafter specified, shall!;: forfeit and pay for every such offence any^= sum not exceeding LlO besides all damagag?" occasioned thereby ; that is to say — _ 1. Shall dig any ditch or hole upo 1 any road g^. or thoroughfare without the consenllP] ot the Trustees of the District ; or 1L; 2. Shali cause uny injury to any bridge, wJi ditch, drain, fence, or road ; or §_ 3. Shall unlawfully remove any material &■» collected for making or repairing any fgf road ; or W 4. Shall place any timber, firewood or stones IM on any road, pathway, or thorough- |J fare, or in any way cause any jfe; obstruction; or g^ 5. Shall neglect or refuse to keep a fence or §L< hedge on his land beside a ditch on tlk«!i§Z siue of a road in repair ; or < J§f 6. Shall neglect or refuse properly to cleans* y£x any side drains, tail drains, ditches, or &* outlets from his land to any road ■PP adjoing such land. JQ Interpretation. isf 45. The words "proprietor of land" and ?t§ " owner of land " shall be construed to mean Writhe person entitled to the fee simple of such !#f land, and the word "ratepayer" shall be &£ construed to mean any person liable to b« h|f rated under this ordinance. gi Commencemetit of Ordinance. f|r 46. This ordinance shall come into oper- Station within one month pf the day upon |fs which the assent to it of His .Excellency-4he &b< Governor has been notified in th&J>roviheia fey Government Gazette. • j.* •' pV

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https://paperspast.natlib.govt.nz/newspapers/ST18621209.2.19.7

Bibliographic details

Southland Times, Volume I, Issue 9, 9 December 1862, Page 4

Word Count
1,384

Page 4 Advertisements Column 7 Southland Times, Volume I, Issue 9, 9 December 1862, Page 4

Page 4 Advertisements Column 7 Southland Times, Volume I, Issue 9, 9 December 1862, Page 4