i Superintendent may except roads Jfrom then 1 ', management. • > 25. It shall be lawful for the Superlnten- * dent, at any time before or at the time of ■ thei proclamation of any district under this 1 ordinance, to except (and any such exception . at any time thereafter to revoke) out of the chaige and control of the. Koad 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, such his intention in the Provincial Government Gazette ; and the same shall be excepted from their chaige and control accordingly. Trustees may alter levels. S6. It shall be lawful for the Road Trustees of any such district, from time to time as occasion shall require, to alter the levels of any road within such district. Plans and specifications to be prepared and t> 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, report to the Superintendent that such proposed works are inefficient or are dangerous, and that the Trustees refuse to adopt the amendments proposed by him, 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 "the 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 uigent necessity, he shall cause such wotk or works to be carried on and executed under the direction and supervision of the Provincial Engineer. If Trustees 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 district, be satisfied that the Trustees of such district do not proceed with the execution of any essential or important work (of which the Provincial Engineer or such person so appointed shall be the judge), and shall thereupon report the same to the Superintendent ; it shall he lawful for the Superintendent, up^n 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 such district. j Trustees to estimate annual expenditure and levy rate. 29. The Road Trustees of any district shall, j as soon as conveniently maj f be after their election, estimate the amount of expenditure within their district 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 wiiting to assess such lands ; and suchTreaj surer shall, within thirty days after being so ! directed, return to such Trustees an assessj ment for such district ; and the assessment shall specify the full and fair annual value to ! let of the lands comprised 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 fit. 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 such assessment, and a certificate to the effect that euch 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 Trustees, 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 ofiice hours by every 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 assessme « t 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 deci-ion of such Trustees, it shall be lawful for such person at any time within seven days from the time of such 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 aiiy one year exceed the sum of one shilling in the pound of the annual value to let of all land liable to be assessed : Provided that it shall be lawful for tha Road Trustees of any district to levy a greater rate upon receiving the consent in writing of threefiths in number of the ratepayers of such district. Hate, when and liow payable. 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 there be no occupier, then by the owner ; and the occupier of any land assessed shall be entitled to receive trom the owner the whole of the sum paid by him in respect of such rate. How leviable. 34. In case any person shall neglect or re fuse to pay any rate by this ordinance au thorised to be levied for the space of twentyone days after such notice given as by this ordinance provided, it shall be lawful for 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 with any reasonable expense incurred, by distress and sale of the goods and chattels therein and thereon ; and iv 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 wliich may be found in or upon the premises. How recoverable. 35. It shall be lawful for the treasurer of any such district, in case of non-payment of any rates authorised to be levied within such district to use and employ all such remedies for the recovery thereof as are given and provided by the "Sale for Non-payment of Rates Act, 1862," of the General Assembly of New Zealand. Money raised by assessment — how applicable. 36. 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, or any works connected therewith, in the district within whioh the fame shall he levied, excepting such lines of roads as may k»vt b«0» or may be specially reserved from
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https://paperspast.natlib.govt.nz/newspapers/ST18621209.2.19.6
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Southland Times, Volume I, Issue 9, 9 December 1862, Page 4
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1,402Page 4 Advertisements Column 6 Southland Times, Volume I, Issue 9, 9 December 1862, Page 4
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