Untitled

Southland Times, Volume 1, Issue 4, 21 November 1862, Page 3

Giving Way of a portion of New Labißeth Bridge. — About nine o'clock on Thursday night the residents on both sides of the river, in the vicinity of this bridge, were alarmed by a noise resembling the roll of thunder. The houses for at least 300 or 400 yards were very much shaken. The Ship at Lambeth, and at least forty houses in the locality, and even Lambeth Palace, experienced a shock similar to an earthquake. The White Hnrt and the White liear, at the corner of Horseferry Koad, as also the Ship and intervening houses, were even more sensibly affected by the vibration. At the same time persons were Jo lie .«een running to Mil bank, and it was at length ascertained that the cable near the Middlesex shore had slackened, in consequence of the • 4 saddle '* or r iller over which it passed having in some unaccountable manner yielded, and caused the north side of the structure to bulge, and go several feet out of the perpendicular, inclining to Vauxhall Bridge. The occurrence, fortunately, happened after all the workmen had left, or, no doubt, very serious, if not fatal, accidents would have been caused ; as it was, one man was injured, but not seriously. He was one of the smiths engaged at the forge erectad at the Old Horse Ferry close to the cylinder, 10 which the wire cable is attached, when by the terrible sudden jerk given to the whole bridge, the forge was overturned, and the man severely wounded in the arm, This alarming occU'ence has had the effect of snddenly throwing out of employ a vast number of workmen, especially painters, carpenters, engineers, &c, the works being in a very forward state. As soon as it became known, messages were despatched to Mr. Barlow, the chief engineer, and. other gentlemen, who were promptly in attendance. Exertions have been used to stop further danger, and remedies will be at once put in force to repair the damage. In order to effect this object, by the direction of Mr Barlow, barges are to be moored near the tower referred to, and by the aid of powerfnl hydraulic lifts endeavors are to be made to replace the "saddle," and force the structure into its proper position. It is, however, feared by some, from the general strain caused by the giving way of the cable and other circumstances, that some of the ironwork has buckled, and therefore restoration of the structure to its proper position will be somewhat difficult to accomplish. — Sun. A Yankee Newsboy. — There is a smart newsboy at Detroit. He took the telegraphic headings of the news of the Tennessee battle, and, at his own expense, had them telegraphed to Port Huron and the various places along the rail. On the receipt of such news everybody was eager to get the full particulars ; so as the evening train arrived at the various stations, he found crouds anxiously awaiting him,' and every body calling for the papers, and in a few ujoments every paper he had was disposed of. Qoebies— What is the difference between the bridge of sighs and the size of a bridge ? what is tlifl difference between a fau simile and a sick family 3 The papers offer an encouragement to their readers to persevere in getting through their work, by stating that *'an old lady in Holland, whose sole occupation was housewifery, scrubbed her sitting room floor until she fell through into the cellar." Thibst Afteb Knowledge.— -A man found guilty of a felony at the Central Criminal Court, ,the,other, day,; entreated thyVCQurs">Vtp^ea]/i^ him a, phort Vterm'of imprisonment^ a£ he; was particularly- aßxious-to ke tble Crreftt Exhibifjibri.*' ";;"* *

(Drinolixs Accident.— Dr. Lankester, the coroner for Central Middlesex, held an inquest at the Bank of England Tavern, Cambridge Place, Paddington, touching the death of Mrs. Sarah Padley, 18 years of age, residing at 6 Buckingham Terrace, Bayswater. Thomas Spencer, a lodger at 6 Buckingham Terrace, deposed that, on Sunday, at 11 20 jlm., he heard loud screams issuing from a room on the first floor. He ran to the spot and found the clothes of the deceased in flames. He seized a piece of carpet from the floor, enveloped her in it, and threw her upon the landing, by which means he succeeded in extinguishing the fire before life was quite extinct, but not until every particle of the dress of the deceased, except her boots, was completely consumed The body was frightfully burnt. Two rooms had been set on fire. On the arrival of the husbnnd (who was absent at the time) immediately afterwards, he set to work to extinguish the fire, and succeeded in doing so. Maria Mason, a sister of the deceased, said she was wearing at time a muslin dress, extended by crinoline, and having occasion to cross the room, the skirt of her dress got ignited from the fire in a grate. The flames spread rapidly before assistance arrived. The Coroner said it was, as he feared, one of those numerously distiessing casualities Irom the use of the crinoline. Such cases were much more numerous than the public generally supposed, because, being now so common, many of them were never reported in the public journals. It every fatal crinoline accident were reported tbe public would know of them, and then he felt assured that crinoline would soon be abandoned The jury, acting upon a suggestion from the Coroner, returned a verdict of "Accidental death through wearing: crinoline." — times. Dunedin Gas Compahy. — "We notice that the Dunedin Gas Company are now ready to receive applications from intending consumers for services to be laid on. Immediate application is desirable, as the work can be effected now at less cost than hereafter. The third call of one pound per share becomes due on the 22nd instant, to which fact the attention of the shareholders is requested. — Daily Times.

upon complaint made by or on behalf of such Road Trustees, to hear and determine such complaint in a summary way, arid to cause such money as* shall appe.ir to be due and unpaid to be levied oy distre."- and sale of the goods and effects of such officer, rendering to him the surplus, if any, of the money remaining due after deducting the costs of the proceedings ; and if sufficient goods and effects cannot be found, or if it shall appear to such justices that such officer shall have willully refused to give sunh account, or so deliver up any books, papers, writings, tools, 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 ma'ce and give a true and perfect account, and verify the same in manner aforesaid, and shall deliver up the vouchers relating there o, 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 shali be committed on account of his not having sufficient goods and effects as aforesaid, shall be detained in prison by virtue of tliis ordinance for any longer tinre than six calendar months. Superintendent to convene meeting of ratepayers for first election of Trustees. 12. Within one month after any district shall have been proclaimed under this ordinance, the ratepayers of such distriet 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, or in some newspaper published 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 x bffice 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 clerkwhen required by majority of Trustees. Penalty in default. 14. Whenever the majority of the 7doad Trustees of any district shall think expedient that a meeting of ratepayers should be hald, 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 call a meeting of ratepayers for election of new Trustees. 15. One month before the expiration of the term of offiee of the Road Trustees of any district, the clerk to snch Tiustees shall convene a meeting of the ratepayers of such district, whereof ten day's publ c 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 Koad 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 Roa.l Trustees, shall preside at such meeting — shall hare 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 — and 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, Superintendent in Cuic?icil 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 afoiesaid, 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 ofice 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 the 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 montJis. 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 act«, duties, matters, and 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 membeis 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, and two other Trustees, and countersigned by the Clerk. Retiring Trustees to hand to succeeding Tnistees books, #c, 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,; andiall of every description held by them, and .also a true a^d correct inventory t&ereijf signed; by them.

Duties of Trustceh 24. The Road Trustees of every district shall have chaige and control over all the highways, roads, pathways, bridges'/ and thdror \hfares, 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 poweri^, rights, or privileges of either the General^r 1 Provincial Governments. ?' Superintendent may except roads from t/ieir management. 25. It shall be lawful for the Superintendent, at any time before or at the time of the proclamation of any district under this ordinanje, io except (and any such exception at any time thereafter to revoke) out of the charge and control of the Road 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 sueh his intention in the Provincial Government Gazette ; and the same shall be excepted from their chaige and control accordingly. Trustees may alter levels. It shall bo law-il for the Road Truste - ; of any such district, from time to time as occasion shall require, to alter the levels of any re d within such district. Plans and specifications to be prepared and I i> ansmitted to Provincial Engineer, who shall report to Superintendent proceedings thereupon. 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, i_port to the Superintendent that, such proposed works art inefficient or are dangerous, and that the Trustees refuse to adopt the amendments proposed by Mitt, 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 mgent necessity, he shall cause such work or works to be carried on and executed under the direction and supervision of the Provincial Engineer. If Tnistees neglect essential work, Superintendent, upon receiving authority of Provincial Council, may cause same. to be executed under supervision of Provincial Engineer. 28. If at anytime 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 distriet, be satisfied that the Trusiee.i of such district do not proceed with the execution of any essential or important work ( f which the Provincial Enginr'er or such person so appointed shall be the jud^e), and shall thereupon report the same to the Superintendent ; it shall be lawful for the Superintendent, upin 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-ueh 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 distiiet 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 wilting 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 corapiised 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 lit. Notice of assessment 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 sueh 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 Tiustees, and shall be inserted twice at least in any one or more of the newspapers published within the Province, together with a notice that such assessment may be inspected at the office of the Trustees for the period of twenty days, during office hours, by eveiy 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 assessment 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 withn seven days from the time of sueh 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 pour.d of the annual value to let, of all 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 three- J fiths in number of the ratepayers of such district. Hate, when and howpayabh . 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 the. e be I 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. i How leviable. 34. In case any person shall neglect or refuse to pay any rate by this ordinance authorised to be levied for the space of twentyone days after such notice given as by this ordinance provided, it shall be lawful lor 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 witn any reasonable expense incurred, by distress and sale of the goods and chattels therein and thereon ; and iu 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. Hov) recoverable. ■ 3.5., It shall ,. be lawful for, the treasurer of any: sueh district, in eWe of ndn-payment of any rates authorised* to be le^iediwitbin;such district to use and employ all such, remedies for the recovery; thereof as are given, and provided far £>y the <f Sale for Kon-p/ajuJent

■'", r: — < sj '- i. ," ? to. of Rates Act, 1862," of the General Assembly of New Zealand. Money raised by assessmeft-^how applicable. 86. All 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, 01 any t works connected therewith, in the district within which the fame sliall beleried, excepting such lines of roads as may, have been or may be specially .reserved from the management of the Trustees as" aforesaid: Provided it shall be lawful for the treasurer of ■ any such, district in case of nonpayment of any rates authorised to be levied .within such district, to; use and; employ, all such remedies, and to take all such steps for the recovery thereof as are given "by the " Sale for Non-payment of Rates Act, 1862," of the General Assembly of New Zealand, Map of road in district to be made. To be evidence in certain cases'. 37. The Provincial Engineer shall, at the request of the Road: Trustees of any district, cause a map of such district to be made, on which the roads shall be delineated and set down, and the main roads and branch roads shall be distinguished by different colors; and the said map shall be kept in the custody of the clerk to the trustees, and the same, signed by the Provincial Engineer, shall be received as evidence in all Courts hereater established by ordinance of the Provincial Council, and by all - Courts now established in the Province, and empowered to hear and determine offences in a summary way. Sums voted for roads by Provincial Council to be paid to Treasurers of districts : in what : proportions. 38. It shall be lawful for the Provincial Treasurer, out of any sums voted by the Provincial Council for roads, to pay to the Treasurer of any District a sum. which shall bear the same proportion to the sum raised by assessment within such District as the annual value to let of the Waste Lands of the Crown (not being land ieseived 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 under " this ordinance; and such sum shall be applied subject to the provisions of this ordinance to the formation, repair, maintenance, management, and improvement of roads within such District, and to the execution of any work connected therewith. Special rates may be levied. 39. It shall be lawful for the Trustees of any District from time to time, as occasion ! shall require, to levy a Special Rate for any particular locality for the purpose of executing any special or particular work in such locality, -for the improvement of any road therein ; and such Special Rate shall be assessed and levied in like manner as is herein provided with respect to yearly Rates authorised to be raised by this ordinance'. Trustees may accept loans. 40. It shall be lawful *f or the Trustees- of any District to accept loans of such sums of"; money as may be requisite for the 'making, maintaining, and improviog of any particular road or roads, or any part of such road or roads within the District, and for securing repayment thereof with interest, to assign j any assessment authorised to be levied for J 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 the repayment of any money borrowed, or interest thereof, by reason of having signed any such assessment or security as aforesaid Power to obtain materials for roads, %c. upon making satisfaction* 41. tt shall be lawful for the Trustees of any District to search for, dig, and carry away any stone, gravel, of other material for making and repairing any ioad* and footpaths, from any land where the same may be found> and to convey or deposit the same through or on the ground of any person ; the said Trustees making or tendering such payment or satisfaction for such materials, »nd for the surface damage done to the lands from whence such materials shall be dug or carried away, or over or on which the same shall be carried or deposited, as the said Trustees shall consider reasonable; and in case the said Truste&s and the proprietor or occupier of such lands shall diffor a* to the amount of such payment and satisfaction for damages, the question shall be decided by the award of two indifferent persons, one to be chosen by the said Trustees, and the other by the proprietor or occupier of such larnl, or the umpier of such two persons in case of their disagreement, said umpire to be appointed befoie they enter on the matter in dispute; and should either party refuse or neglect to appoint an arbitrator within ten days after receiving notice in writing for that purpose, the decision of the arbitrator first appointed shall be binding, and the award made under any such reference shall be binding and conclusive on all parties inter ted: 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 orchard, garden, or enclosed ground planted for ornament or shelter ; and provided also that before taking such materials from any land, fourteen days' previous notice in writing, signed by two Trustees, shall be given or left at the usual residence of the proprietor or occupier of the land or quarry from which it is intended to take the same, or his or her agent, to appear, on a day to be named in such notice, before a meeting of the Trustees to show cause why such materials should not be so taken ; and in case such proprietor occupier, of agent shall attend pursuant to such notice, or shall neglect of refuse to appear, the said Trustees may authorise or prohibit the taking of such materials, or make auch order as they shall think fit. To make ditches, %c, if necessary into adjoining land, 42. It shall be lawful for the Trustees of any District to make sufficient ditches along the side of any road within such District; provided thac 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 ditchesf through any lands adjoining to sucn road in such manner as shall be le^st injurious to the proprietor and occupier of such land f and the proprietor and occupier of such land shall be bound to keep such ditches, and outleti clear and free from all obstructions. Mat) make bye-laws. 43. It shall be lawful for the Trustees of any District to make any" byo-lftws for the regulation of their proceedings and the conduct of their business, provided such bye-laws be not repugnant to this ordinance. Offcncesi 44. Any person who shall commit any of the offences hereinafter specified, shall forfeit and pay for ever y such offence any sum hot exceeding LlO besides all* damage occasioned thereby ; that is to say— 1. Shall dig any ditch or hole upon any road or thoroughfare without the consent oi the Trustees of the District ; or 2. Shall cause tmy injury to any bridge, ditch, drain, fence, or road ; or 3. Shall unlawfully remove any material collected tor making or repairing any road ; or 4. Shall place any timber, firewood or stones bh any road, pathway, or thoroughfare, or in any way cause., any obstruction; or ' ; 5. Shall neglect or refuse to keep a fence, or hedge tin his land beside a ditch on the; siue of a road in repair ; or j 6. Shall neglect of refuse properly to cleanse any side drains, tiil drains, ditchef, or. outlets from his land to any read adjoing such land. InterpretaiioiL 45. The words " proprietor o£,land,' ; ', ; and " owner of land " shall be^cqnstrued to mean -th£pe*reois 'entitled to"the' fe& simple of aueli laftdV and-tHe-w^ « J F a^pM?^ shall, be. construed: f il^'pifsm'BmG-tXf b« rated tinder tSiii oriinaiofe w L J Vi -*

"" ' Co^menseiheht-'df'Oidimm^. J*- M -' 46. This shall conjie'-fctiD^djJßW* ' ation within r.t>H6 inOntli of the day upon which the assent to it of His E^cellenxy tha Governor has b^en-notitle^ lift ty&ntitirttgi* \ Government' Gazette. ~ , ,' , j dio-AJ \J \ . -. ! ? ROBERT" STUABT.^rv TC | . : ». ;' . Xqttperiteri * Passed- thet tftmricial -C«mhoil e : dii» | First day of NoVember/4tf«^lifif Tftar ( of our -Lord 1862. "--^^ -, , Clerk, of, the C6btf<«!t I do hereby d^elafe" thai 1 I reserve this , Bi 1 for ' tlie signification of the , Governors assent-thereon/ r J. A. MENZIE^ J l | Superintendent. '