Provincial Bills.

Hawke's Bay Weekly Times, Volume 1, Issue 29, 15 July 1867, Page 172

Provincial Bills.

HIGHWAYS. Set to provide for the making and maintaining of Highways in the Province of Hawke's Bay. it is expedient that certain Acts of the Provincial Council of- Wellington be repealed, and other provision made for the making and repairing of Highways within the Province of Hawke’s Bay, and to provide means for maintaining the same: ft (SlUtCtCi)' 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the first Schedule hereunto annexed, so far as regards the Pro vince of Hawke’s Bay, shall be and the same are hereby repealed ; saving and except clauses numbered 22, 23, 24, 25, 26, 27, and 34 of the “District Highways Act, 1856,” of the Province of Wellington, Sess. 3, No. 4. 11.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 Koads.” 111. All Highways shall be under the direction of the Superintendent until other provision shall be made in that behalf as hereinafter provided. IY. 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 : hink necessary for carrying into effect this Act.

YI. The survey and marking off of all roads shall be executed under the direction of the Superintendent. YII. 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 line or lines properly marked upon it. YIII. 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 estute not underlet for two years or upwards, and every occupier of land withiu 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 tlie Superintendent of the who shall have power to have such claims investigated either by himself or by some officer appointed for that purpose, and the decision of su h Superintendent shall be final: And further provided that no rate-payer shall, after the first annual meeting be entitled to vote unless his assessment in the first year from one or both of such rates shall have amounted to the sum of five shillings for the year. In the case of joint owners, each joint owner shall be entitled to a vote or votes acording to the value of his estate or interest in the lauds in respect of which he is qualified subject to the provisions of clause 8.

IX. Any justice of the peace of any proclaimed District upon the requisition of such a number of the voters as shall represent three-fourths of the votes of 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 of Wardens; thirdly, fix the amount of the rate to be levied for the construction, repair, and maintenance of the Highways <rf .such District ; and,

fourthly, elect an Auditor of Accounts, j 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 his vote or votes or he may exercise bis right by a proxy furnished with duly executed 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, and that uo ! such proxy shall be exercised more than twenty-eight days from the date thereof.

XI. 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 his election, or till he shall die, become bankrupt or insol vent, a public defaulter or a convicted felon, or shall cease to be qualified as a voter f r the District, or shall resign, or shall not have attended any meet?no of the Board for three consecuiive meetings held at intervals of not less than one month, or shall directly or indirectly bo interested in any contract under the Board, and if from any such cause the Board shall be reduced to less than fuur 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 tlie following general elec tion of Wardens. The names of the members of Boards when elected, and of the Chairman, shall be communicated by the Chairman to the Superintendent, who shall publish the same in the Provincial Government Gazette and a local newspaper. 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 h-fr. 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 all tho voters.

XIY. The Wardens shall elect within one month after their election from their number a Chairman, who shall hold that office duiing 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 fr>m time to time as occasion mav require.

XV. The duty of the Board shall be to make, maiutain, 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 he 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 manner and for such purposes as the Superintendent shall direct or appoint. 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 tbe acts of the Board ; and all 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 the effects of the Board, aud shall not in; any manner affect the persou or private property of the Chairman or of the members of the Board. It shall be sufficient to describe sin all case;

[the property of the Board as the property of the Chairman, and no suit of 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 iu 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 fix—notice thereof being given by the Board by posting and advertisements in 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 accessary to be done under the provi sions of this Act. XXI. The Board of Wardens shall assess and levy the rates upon the land within the District. Such assessment shall be made upon the basis of tinvaluation of the actual market value "f the property at the time of such as sessment being made, and such valuation shall be final and conclusive, provided always that in no instance shall any rate exceed the amount of 6d iu the pound of the yearly reutal 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 thi property of aboriginal natives, fur which no Crown Grants or Certificates of Title under the Native Lands Act have been issued. XXIII. The Board shall assess the rates imp sed as aforesaid on each person liable to the same and post a statement of such assessment, in some convenient place, specifying the names •>f 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 pub lishing 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 bim or them to the amount likely to be in his or their hands from time to time. XXY. All rates levied under this Act shall be paid on demand to the Cullec tor 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 tin Collector, or by distress of chattels ou the premises made by the Board or its Bailiff appointed in writing. The collection of rates to commence two months after tbe publishing of statement of assessments as prescribed iu Section No. 24. _ If aDy such rate or any part thereof cannot be recovered by such proceedings or distress as above described, the same shall be recoverable in the mode and with all the powers directed by an- Act of the General Assembly of New Zealand, intituled “An Act for regulating the sale of land for non-payment of rates.”

XXVI. Iu any proceedings to levy and recover or consequent upon the levying or recovering of any rate under the provisions of this Act, the notice in the-Provincial Government Gazetteof the appointment of the Wardens shall be sufficient evidence of their appointment, and the Book of Rates of the Board and all entries having being made therein, shall be prima facie evi denceof such rates by the production thereof, and no evidence; shall be re quired of the notices and other require-, mients of this Act having been given oi 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 caseslwhenever a distress is authorised by this Act to be made, every Police constable shall upon being required by tbe Bailiff ap. pointed by the Board aid iu a distress or sale pursuant to such War* rant.

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, and 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 cse) 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 they 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 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 aa accurate survey made.

XXIX. When any new road under the above provisions shall be constructed through land 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 ‘:ie owner of any land through which ■i highway shall pass permission to erect gates where such road intersects n line of fencing, such gates to be two i i number, the larger of the two to be »f 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 erecti u of gates, and of causing their removal in cases where the increase of traffic or other circumstances shall make the same desirable on giviug such owner three mouths' notice to that effect.

XXXI. It shall be lawful for tlie Board and for every person acting under their authority, to enter in and upon any waste land, or any river or creek, to search for, dig, get and carry away any stones, gravel, sand, or «ther materials which may be required for making or repairing any road, so that such person doth not divert or interrupt the course of any such river or creek, or prejudice or damage any building, road or ford, or the bank of any such river or creek, nor dig or get the same materials out of any river or creek withiu the distance of fifty yards from any bridge, dam, or weir. If such materials cannot be had conveniently within any such waste lands, rivers,' or creeks, and such materials can or may be procured in or upon aoy private lauds (such lands not being a garden, yard, or plantation,) lying near to the road for 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, aud shall cause such notice to be left at the last known place of abode in the province of the owner of such land, or his agent, if known, and also of the occupier of such laud, 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 subht 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' sniir be given; and if no such objection, shall be; made, or if-the same shall tbe: overruled by such Justices* then-it shall be lawful for any person 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 tbereon, so as to endanger life and limb, —Penalty not exceeding Jgo. 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 • JB2. . Z. 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, horseways, 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 tbis Act any notice or other document shall be directed to be posted, it shall signify “ conspicuously posted iu some public place” within the District to which such notice or document shall relate.

XXXV. No 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. No Resident. Magistrate or Justice of the Peace shall be disqualified from acting in pursuance of any of the provisions of this Act by reason of his being assessed as a ratepayer under this Act. XXXVII. The Superintendent, with the advice a,nd consent of his Executive Council, may continue, make, and maintain ail Trunk Roads in the Province of Hawke’s Bay, which shall be proclaimed as main roads and from time to time make such alterations and deviations therein and abandon such parts of either of them, as portions of the main line, as he, with such advice as aforesaid, may respectively deem expedient. XXXVIII. The Superintendent, with such advice as aforesaid, shall have the control and management of such and and all other main 1 roads within the Province, and shall have and may exercise all such and the like powers for such purposes, as are or may be possessed by Boards of Wardens for the management of district highways, for 'the purposes of such highways.

; XXXIX. The Superintendent, with such advice as aforesaid, may from time to time make bye-laws for regulatings the traffic along the main roads, or any of them, or any portion of any of them; and from: time to time alter,

modify, or repeal any such bye-law. b " XHi. Thff Supennten(lent, with such , adyice as aforesaid, may also byProclamation from time, to' time declare ; that any or all of the offences and per the

“ Highways Act, 1856,” in respect of District Highways, shall be applicable to any main or trunk roads, or any part thereof. ' - XLT. The short title of this'Act shall be “The Highways Act, 1867.?

•SCHE D U L E No. 1.

The District Highways Act of the Province of Wellington, being Ho. 4 of Session No 3,’saving and excepting clauses 22, 23, 24, 25, 26, 27, and 34 of the said Act.'

A Act to extend the provisions oftKe; “Highways Act, 1856,” being Act No. 16 of Session No. 4 of the Province of Wel : lington. i

SCHEDULE

SCHEDULE , No. 3. AUTHORITY BX PBOXT. ■I» the undersigned, A. 8., do hereby nominate and appoint C.D., of as my proxy to act for me at the Board of Wardens for the District of ' . .in the Province of Hawke’s Bay, pursuant to the Highways Act, 1861. Witness _ —_____

No. 2. Holders of property of the ▼alue of £100 1 vote £100 and under £250 ’ !*! .2 votes £250 „ £400 ... 3 votes £400 „ £700 4 votes £700 „ £1200 6 votes £1200 „ £2000 6 votes; £2000 and above ... ... 7 votes