Provincial Bills.

Hawke's Bay Times, Volume XII, Issue 490, 11 July 1867, Page 1

Pro v incial Bills.

HIGHWAYS. 'J -f jL , . e7*» iO provide jor the matting and maintaining of Highways in the Province of Hawks’s Ba , ‘ £Biy£U'aS it is expedient that certain Acts of the Provincial Council of Wellington be repealed, and other provision made for the making and repairing of Highways within the Province of Hawke’s Bay, and to provide means for maintaining the same: ID# it (EltdCtfb' by the Superintendent of the Province of Hawke’s Bay, with the advice and consent of the Provincial Council thereof as follows : I. All the Acts mentioned and set forth in the first Schedule hereunto annexed, so far as regards the Pro vince of Hawke’s Bay, shall be and the same are hereby repealed ; saving and except clauses numbered 22, 23.; 24, 25, 26, 27, and 34 of the “ District Highways Act, 1856,” of the Province of Wellington, Sess. 3, No. 4. 11. All Highways shall be divided into “Main Roads” and “District Roads.”

HI. All Highways shall be under the direction of the Superintendent until other provision shall be made in that behalf as hereinafter provided. IV. The Superintendent may for the purposes of this Act from time to time proclaim Main Roads.

Y. It shall bo lawful for the Superintendent from time to time by proclamation 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.

77 oiuciis) tniruiy, nx the amount ci the rate to be levied for the construe-] tion, repair, and maintenance of the Highways of such District ; and, fourthly, elect an Auditor of Accounts, provided however that no member of the Board shall be eligible to be an Auditor.

X. At all meetings held in pursuance of this Act. the Chairman shall have his original vote or votes and a casting vote, and every question shall be decided by a majority of votes, as provided for in clause 8. The voter may either be present to record bis vote or votes or he may exercise his right by a proxy furnished with dulyexecuted proxy authority, in accordance with the form contained in Schedule 3to this Act: Provided that the holder of such proxy is a duly qualified voter for the District, aud that no such proxy shall be exercised more than twenty-eight days from the date thereof. XL The Board shall consist of not less than four and not more than six persons, being duly qualified voters. Each of them shall hold office for one year from the day of bis election, or till he shall die, become bankrupt or insolvent, a public defaulter or a convicted felon, or shall cease to be qualified as a voter for the District, or shall resign, or shall not have attended any meeting of the Board for three consecutive meetings held at intervals of not less than one month, or shall directly or indirectly be interested in any contract under the Board, and if from any such cause the Board shall be reduced to less than four members, the surviving or continuing members shall, so often as the same may happen, by notice given as aforesaid convene a meeting of voters, who shall forthwith by election fill up the vacancy or vacancies, and the person so elected shall hold office until the following general election of Wardens. The names of the members of Boards when elected, and of the Chairman, shall be communicated by the Chairman to the Superintend dent, who shall publish the same in the Provincial Government Gazette and a local newspaper.

VI. The survey and marking off of all roads shall be executed under the, direction of the Superintendent. VII. All Roads being highways shall not be less than one hundred links in width. Any Road Board requiring a Road or Roads surveyed in its District will have to apply for this purpose to the Superintendent, who may direct a surveyor to do so. The surveyor after having surveyed the required Road or Roads shall furnish the Chairman of the Road Board with a map having the lin« or lines properly marked upon it. VIII. Every person who shall have in his own use in any proclaimed Road District a freehold estate not let for two years and upwards, or a leasehold estate not underlet for two years or upwards, and every occupier of land within such district shall be a qualified Voter for the district for the purposes of this Act, shall be entitled to the! number of votes to be calculated in! accordance with the terms of Schedule 2 of this Act: Provided that each Voter shall before he shall be qualified to vote send in a claim for the vote or votes to which he may be entitled to the Superintendent of the Province, who shall have power to have such claims investigated either by himself or by some officer appointed for that purpose, and the decision of such Superintendent shall be final; And further provided that no rate-payer shall, after the first annual meeting be entitled to vote unless his assessment ini the first year from one or both of such rates shall have amounted to the sum of five shillings fer the year. In the case of joint owners, each joint owner shall be entitled to a vote or votes scording to the value of his estate or inter«st in the lands in respect ot which be is qualified subject to the provisions of clause 8.

XII. Three members of the Board shall form a quorum ; but no business shall be transacted by any Board unless at a meeting summoned by written or printed notice by the Chairman or by two Wardens and left at the usual place of abode of every other Warden at least three clear days before such meeting.

XIII. The meeting of the Board of Wardens shall be accessible to ail the voters.

XIV. The Wardens shall elect within one mouth after their election from their number a Chairman, who shall hold that office during the time for which the Board shall have been elected, unless he shall die, resign, or become disqualified for the office of Warden as aforesaid—in which case the continuing Wardens shall forthwith elect another Chairman and so (t> m time to time as occasion may require.

XV. The duty of the Board shall be to make, maintain, and repair all Highways, other than main roads, within their District, and generally to carry the provisions of this Act into effect. Whenever a road district shall have been proclaimed and any roads other than main roads shall be out of repair, it shall thenceforth be the duty of such Board to repair and maintain such road. Should the Board fail to do so, it shall be competent for the Superintendent to withhold any contribution of public monies for the purposes of roads within such District.

XVI, It shall be lawful for the Superintendent, if he shall think fit, to commit to the said Board the expenditure of any monies appropriated to the construction and maintenance of roads, drains, bridges, or other public works within the District, and to pay over the same to the account of the Board, to be appropriated in such j manner and for such purposes as the j Superintendent shall direct or aonoint.' XVII. All contracts, appointments, and other matters authorised by the Board shall be entered into, made and done by the Chairman on behalf of the Board, and shall thereupon be taken to be the acts of the Board ; and all

IX. Any justice of the peace of any proclaimed District upon the requisition of such a number of the voters as shalJ

represent three-fourths of the votes oi such District, shall [by notice of not less than one month posted and inserted at least four times in some newspaper published in this Province) summon a meeting of voters for the District, to be called “ the first annual meeting,” who, having met at some convenient place within or near the District, shall, in the first place, elect a Chairman ; secondly, a Board ol

suits or other legal proceedings by or

against the Board, shall be in the name of the Chairman thereof; but execution shall only be levied upon iue enecta of the Board, and shall not

in any manner aiiect the person or private property of the Chairman or ot the members ul the Board, it shall be suifimuu to describe in all cases the properly of the Board as the property of the Chairman, and no suit or other proceeding against the Chairman or Board shall abate or be otherwise affected by any change of the Chairman or members of the Board.

XVIII. The Board shall keep minutes of its proceedings, and accounts of all monies paid and received by it during the year. All the accounts shall be audited by the Auditor, and

published in the Provincial Government Gazette and a local paper within three months after the close of the financial year.

XIX. All balances of money, assets, books, and papers belonging to the Board shall, at the expiration of their term of office, be handed over to the Chairman of the new Board immediately on the election of the latter. XX. There shall be an annual meeting in every proclaimed district at such place and time as the Board may fi.\—notice thereof being given by tin U'..rd by posting and advertisements i.i some newspaper published in the Province at least one month before the day of meeting; at which annual meeting the voters shall fix the amount of rate for the construction, repair, and maintenance of the roads in the District during the ensuing year; and transact all other business necessary to be done under the provisions of this Act.

XXL The Board of Wardens shall assess and levy the rates upon the land

the annointment of the Wardens shall!

within the District. Such assessment shall be made upon the basis of the valuation of the actual market value of the property at the time of such assessment being made, and such valuation shall be final and conclusive, provided always that in no instance shall any rate exceed the amount of Gd in the pound of the yearly rental value ol the property. XXII. Rates to be levied upon all lands and properties within the District, with the exception of Crown Lands, Public Reserves, and lands the property of aboriginal natives, for which no Crown Grants or Certificates of Title under the Native Lands Act

Oc blUucicDt ovlit6iiCo ui tuClr uppuint*; ment, and the Book of Rates of the Board and all entries having being made therein, shall be prima facie evi-

dence of such rates by the production thereof, and no evidence shall be required oi ihe Uw'Li'otiS aun 'jtlier requirements of this Act having been given or complied with, nor shall it be requisite to prove the signature of the Wardens whose names to any notice or document prescribed may appear subscribed thereto. In all cases whenever a distress is authorised by this Act to be

made, every Police constable shall upon being required by the Bailiff appointed by the Board aid in making a distress or sale pursuant to such Warrant.

XXVII. It shall be lawful for the Superintendent at any time to discontinue the whole or any part of any Highway, either as being unnecessary

for the convenience of the public, or because a better Highway can be substituted, aud on giving three months’ notice of their intention so to do, by posting and publishing in the Provincial Government Gazette (in the former case) and on giving such notice, and opening such substituted road for public use in the latter case) the original highway shall cease, and the owner or owners of the land over or adjoining which the same may be, may take possession of the same, on paying to the Superintendent such price as may be agreed upon between them; or if th.-y cannot agree, as may be assessed by arbitration in like manner as in the case of a disputed assessment hereinbefore provided. But in case the owner of the land adjoining shall decline to purchase such abandoned

have been issued. ! XXIII. The Board shall assess the rates imposed as aforesaid on each person liable ]to the same and post a statement of such assessment, in some convenient place, specifying the names i of the ratepayers, the amount payable . and the property for which the rate is assessed in each case, and the Board shall by advertisement in some local paper publish such statement, notice of which shall be posted in some public place within the District at some time not less than one month from the publishing thereof-—when and where all objections to such assessments shall be heard and determined by the Board. XXIV. The Board shall appoint a Collector or Collectors to collect all rates imposed under this Act, taking security from him or them to the amount likely to be in his or their hands from time to time. XXV. All rates levied under this Act shall be paid on demand to the Collector by the occupier, or if there be no occupier, by the owner of the rated land, and shall be recoverable by summary proceedings at the suit of the Collector, or by distress of chattels on the premises made by the Board or its Bailiff appointed ia writing. The collection of rates to commence two

Highway, the Board may sell the same to any other person.

XXVIII. Should any plan furnished by the Board not be found perfectly correct, or be suspected not to be sufficiently accurate, the Superintendent shall appoint a surveyor for the purpose of having an accurate surveymade.

XXIX, When any new road under the above provisions shall be constructed through laud previously substantially fenced, as required by the Fencing Act, the same being cultivated or laid down in English grasses, the Board before opening the new road to the public shall fence with a good and substantial fence both sides of such road, so far as it shall run over

such fenced lands. XXX. It shall be lawful for the Superintendent or Board to grant to he owner of any land through which a highway shall pass permission to erect gates where such road intersects a line of feuciug, such gates to be two in number, the larger of the two to be of sufficient width to allow the passing without inconvenience of the largest description of loaded drays, and the smaller gate to be so hung and mounted as to enable horsemen to open it with ease without dismounting : Provided always that no permission to erect gates shall be granted at a distance of less than forty chains from each other on the same line of roadt And further that the Board shall have the power of cancelling the permission for the erection of gates, and of causing their removal in cases where the increase of traffic or other circumstances shall make the same desirable on giving such owner three months’ notice to that effect, XXXI. It shall be lawful for the Board and for every person acting un- ' der their authority, to enter iu and i upon any waste land, or any river or • creek, to search for, dig, get and carry ; away any stones, gravel, sand, or > other materials which may be re-

monlbs after the publishing of statement of assessments as prescribed in Section No. 24. if any such rate cr any part thereof cannot be recovered by such proceedings cr distress as aim described, the same shall be re. co' 1 ' able in the mode and with all the p :v>eis directed by an Act of the General Assembly of New Zealand, intituled “ An Act for regulating the sale of land for non-payment of races.”

quired for making or repairing any road, so that such person doth not di vert or interrupt r lie course of any such river or creek, or prejudice oxdamage any building, road or ford, or the bank of any such river or creek, aor dig or get the same materials outj of any river or creek within the distance of fifty yards from any bridge, dam, or weir. If such materials cannot be had conveniently within any such waste

XXVI. In any proceedings to levy 1 lands, rivers, or creeks, and such 1 and recover or consequent upon the|materials can or may be procured in 1 levying or recovering of any rate underior upon any private lands (such lands the nrovisionscf this Act, the notice in|not being a garden, yard, or plantathe Provincial Gover ament GazeUeufjtiOu,) lying near to the road lor which

the materials shall le required, the Board shall give fourteen days' notice of their intention to enter upon such land in order to search for, dig, and carry away such materials, and shall cause such notice to be left at the last known place of abode in the province of li;;; owner of sac!; land, or his sgcnt, it known, and also of uie occupier of such land, which notice shall express the place from which it is proposed to take the materials; and if, within such period of fourteen days, such owner, agent, or occupier shall give notice to the Board, or to their Clerk, of any objections to the taking of such materials, then such objections shall be heard and determined by any two Justices of the Peace, at a time and place to be appointed by such Justices, and whereof five days’ notice at least shall be given ; and if no such objection shall be made, or if the same shall be overruled by such Justices, then it shall be lawful for any person acting under the authority of the Board to enter upon such land, and to take and carry away so much of the said materials as shall be required for such road, and the Board shall pay to the owner and occupier of such land for any damage they may sustain thereby.

XXXII. If any person acting under such authority as aforesaid, shall make any pit or hole in any lands wherein such materials shall be found, the Board shall forthwith cause the same to be sufficiently fenced off, and such fence to be supported and repaired during such time as the said pit or hole shall continue open ; and where no materials shall be found, shall cause such pit or hole to be forthwith filled up and levelled.

XXXIII. Any person convicted of the following acts and omissions shall be offenders under this Act, and all persons convicted thereof shall be liable to the penalties severally attached thereto; — 1. Wardens or their servants or any contracter or other person engaged in repairing a road leaving stones or other things on such road at night, or unprotected holes thereon, so as to endanger life and limb, —Penalty not exceeding <£s. 2. Any person obstructing or attempting to obstruct Wardens or persons authorised by them in the performance of anything under this Act, —Penalty not exceeding A'2. 3. Any person wilfully damaging or destroying highways or any work connected therewith shall be liable to double the amount of the damage done, or to imprisonment not exceeding 1 month.

XXXIV. In the construction of this Act the word “Highways” shall signify road, bridge, culvert, cart-ways, horse-ways, bridle-ways, footpaths, and all other works forming parts thereof, or being accessory thereto. The words “Road Board” shall mean the “ Board of Wardens for the management of Highways,” and when by this Act any notice or other document shall be directed to be posted, it shall signify “ conspicuously posted in some public place” within the District to which such notice or document shall relate.

XXXV. Xo Member of the Board shall during his continuance in office become a contractor or hold any paid office in the gift of such Board. XXXVI. Xo Resident Magistrate or Justice of the Peace shall be disqualified from acting in pursuance of

any of the provisions of tins Act by reason of his being assessed as a ratepayer under this Act. XXXVII. The Superintendent, with the advice and consent of his Executive j Council, may continue, make, and maintain all Trunk Roads in the Province of Hawke’s Bay, which shall be 'proclaimed as main roads and from 'time to lime make such alterations and 'deviations therein and abandon such 'parts of either of them, as portions of i 1 the main line, as he, with such advice • as aforesaid, may respectively deem • p-r Jg