Page 4 Advertisements Column 7

Southland Times, Volume 1, Issue 8, 5 December 1862, Page 4

the management qf ; the Trusts-, as afoilwi '. said : " Provided it shall ""bje" lawful^fo1 t trawl treasurer iof sjtthVdistrXcti?i.n:Sase'' of noX| j payment of any.Tates authorised to, be'leyi«K| Witßin^Such district;' to use' 'and' emplo^'M^ such feniedi6s^ and to'take all such' steps ljWr the recoyery thereof as are^giyeri ; :fby^l|K|^ "Sale for Non-payment ;6f -Rates' Act, ;i362yr^ of the General Assembly; of /I^ w, a Zealand jy Map of road in -district 'to be made], ,- i -To'Hpr ; evidence in certain cases.^ " ' .jffi?< 37. The Provincial Engineer; shall,^;tl& < request of the Road .Trustees ..'of any district-— cause a mapof such distri^to ,be made, olj^ which the roads shall be delineated and sJ| down; and the main roads and branch roam-: shall be distinguished by. different colorsgr^ and" the said map shall -be; kept; in custody of the. clerk to the 'trustees; 1 and tigUq same, signed by the Provincial EngineeM* shall be received as evidence in; alFjCouraP ' herea ter established- by y 6rdi nance 'of " <r> tmß iS . Provincial Council, and; by all "Courts nb|i : established in the Province, and empower^ to hear and determine offences in a summaj|£_Sums voted for roads by Provincial ' Council R>j be paid to Treasurers of districts': in'what W^ ' proportions. " Eg ■; 38. It shall, be lawful for the ProvincHpr" Treasurer, out of any sums voted by t^p Provincial Council for roads, to pay to tlffih ] Treasurer of any District a sum which shaJMT bear the same proportion to the sum raislg by assessment within such District as treg- — annual value to let of the Waste Lands 1' the Crown (not being land reseived from s»<ir by the Governor or Superintendent) shay bear to the annual value to let of all lanSL— within such District liable to be assess!! under this ordinance ; and such sum shall 1& -, applied subject to the provisions of this prdffli nance to the formation, repair, maintenancli*' management, and improvement of roa@ within such District, and to the executi(|| of any work connected therewith. jg Special rates may be levied. K^ » 39. It shall be lawf ul for the Trustees I) any District from time to time, as occasi<|| shall require, to levy a Special Rate for ar§| — particular locality for the purpose of e^k ecuting any special or particular work ]M such locality, for the improvement of aiM m . T . road therein ; and such Special Rate shall M\T assessed and levied in like manner as fa™ herein provided with respect to yearly RatS _*_ authorised to be raised by this ordinance. |g Trustees may accept loans. Hk/ru 40. It shall be lawful for the Trustees « M any District to accept loans of such sums Wt money as may be requisite for the making maintaining, and improviog of any parfcieulif road or roads, or any part of such road m roads within the District, and for securiiM * M repayment thereof with interest, to assiotfN E any assessment authorised to be levied wgJC such road or roads, or any part thereof ; a||| . j^| the money so lent shall be laid out a«|» g applied for such express purpose : No su<Hg * Tiustees shall be held personally liable f§|f the repayment of any money borrowed, S interest thereof, by reason of having sigulf any such assessment or security as aforesaiMVß Poiver to obtain materials for roads, %c. wplf' making satisfaction. pf 41. It shall be lawful for the Trustees M jr any District to search for, dig, and carllL: away any stone, gravel, or other material fjlF *£ making and repairing any roads and fo|p : * paths, from any land where the same niayj|g found, and to convey or deposit the sailff. through or on the ground of any person ,• tfjPl A. 1 said Trustees making or tendering such pajp 1 ment or satisfaction for such materials, *>>rs; for the surface damage done to the lands irM whence such materials shall be dug or carriSpj (] awav, or over or on which the same shall (J) rj carried or deposited, as the said Trustef| shall consider reasonable ; and in case t|j| said Trustees and the proprietor or occupi|| of such lands shall differ as to the amount .&rn such payment and satisfaction for damagl|w the question shall be decided by the awa||jjj of two indifferent persons, one to be chos§| by the said Trustees, and the other by i|| proprietor or occupier of such land, Oif't^L^ umpier of suck two persons in case ofjtlif^ i disagreement, said umpire to be appoints A f" bafu2e they enter on ttie matter in dispjjyk^ T and should either party refuse or neglect S • appoint an arbitrator within ten days aftfg receiving notice in writing for that purpo|| the decision of the arbitrator first appoints. . _.. shall be binding, and the award made unM IA i, any such reference shall be bind™ and conclusive on all parties inK§ rested : Provided always that suf| materials shall not be required foi t§| ( private use of the owner or occupier of suptTA'J land, and that such land or ground is »ot|jp' Tj orchard, garden, or enclosed ground plantM for ornament or shelter ; and provided e!|| J. that before taking such materials from a|| qq ( land, fourteen days' previous notice jlj G] writing, signed by two Trustees, shall w& t a given or left at the usual residence of a*. proprietor or occupier of the land or quan|| from which it is intended to take the san|| - T _ or his or her agent, to appear, on a day toll L named in such notice, before a meeting of i^fT«f> f Trustees to show cause why such materiglr : should not be so taken; and in case sifigg. _ proprietor, occupier, or agent shall atttstf **• pursuant to such notice, or shall neglecijMPOl refuse to appear, the said Trustees n^| authorise or prohibit the taking of stf|i materials, or make such order as they sb;^ think fit. _J £< To make ditches, S;c, if necessary ks | q adjoining land. §||, p 42. It shall be lawful for the Trusteeijpr anj District to make sufficient ditches ale : the side of any roafl within such Distrif; ._ provided that if the land is enclosed on l\ ? (J. side of such road, such ditch may be n&. ;* y on either side of the fence ; and also make proper ditches, and outlets from sn ditches, through any lands adjoining to su . '. road, in such manner as shall be le_ v -. _. injurious to the proprietor and occupief*- I*ll1 * 11 such land ; and the proprietor and oecuj > of such land shall be bound to keep s&:-----ditches, and outleti clear and free from ?'- --obstructions. MPOB May make bye»laws. <nt \jn 43. It shall be lawful for the Trustee?^ any District to make any bye-laws for ££ regulation of their proceedings and the o|»| » duct of their' business, provided s M-t3(\ bye-laws be not repugnant to this ordinal/^ u u ■ Offences. §- , * 44. Any person who shall commit an|B *■••*"■ the offences hereinafter specified, sM forfeit and pay for every such offence §§ k sum not exceeding LlO besides all dam§! occasioned thereby ; that is to say — gi.Mn.ri 1. Shall dig any ditch or hole upon any rfl^-r -jyp or thoroughfare without the consSßj^ u f' of the Trustees of the District ; orflpOß i 3. Shall cause i3ny injury to any bridt Tl< ditch, drain, fence, or road ;or WP , 3. Shall unlawfully remove any matea collected for making or repairing fl TT vn road; or Wi 4. Shall place any timber, firewood or stag-" C on any road, pathway, or thorcifiJM<A^ fare, or in any way cause « Asi obstruction; or _ rT>tt ja-^g-5. Shall neglect or refuse to keeTA^^PtfafU y_ hedge on his land beside i|jn %f|i l^ siue of a road in repair ;or *|p ** 6. Shall neglect or refuse properly to clea|| * . any side drains, tail drains, ditche|| outlets from his land to any l t | ZZT~ adjoing such land. | ttITH Interpretation. $!i 45. The words " proprietor of land *' i y^* " owner of land " shall be constiued to eg the person entitled to the fee simple of — land, and the word "ratepayer" shall '■ j_^ construed to mean any person liable t< jrj?u rated under tlus ordinance. q| Commencement of Ordinance. | ] , 46. This ordinance shall come into o ation within one month of the day i which the assent to it of His Excellency YSICI Governor has been notified in. the Provt A.CCOC Government Gazette. ' $ Hos