:221

NEW ZEALAND.

'. · QUADRAGESIMO

VI C rr 0 R I 1EJ R E GI N ATI.No. L.

*******,****************************************************ANALYSIS.

Title.Preamble.

1; Short Title.

'PART 1.GENERAL PROVISIONS.

2. Repealing Acts and Ordinances. FirstSchedule.

3. Interpretation of terms.4. Of notices.5. Minister for Public Works.6. Engineer-in-Chief and other officers.7. Annual estimates. ,/P

8. Annual accounts and expenditure.9. Accounts to be certified by Commissioners of

, Audit.10. Contracts for Government works to be in the

name of the Queen.11. Engineer-in-Chief or Marine Engineer or As­

sistant Engineer-in-Chief to report on works.12. Of contracts for County and District works.13. Annual accounts of County and District ex­

penditure.14. Protective fences to be made before entry on

lands. •15. Certain lands not to be entered on without

consent.16. Penalty for obstructing works.17. Penalties recoverable in a summary way.18. Things to be done by Minister &c. may be done

by ruthorized agent.19. All regulations to be laid before Parliament.20. Governor may reserve lands.

PART II.OF TA:g:ING LANDS FOR PUBLICWOR:KS.

21. Surveys and plans to be deposited in roaddistrict.

22. Notice that objections to pl;oposed works willbe heard.

23. Notice to be served on owners and occupiers.24. How objections to be heard.25. Upon memorial, lands to be taken by Procla­

'mation.

26. Memorial, map, and Proclamation to be re­gistered. If land not under Land, TransferAct. If land under Land Transfer Act.

27. Owner may require small parcel of land severedto be taken. ,

28. Owner may require land temJ?orarilf6ccupiedto be taken.

29. Land not wanted may be sold by Order inCouncil.

30. Purchase money how to be disposed of.B!. Order in Council to constitute transfer of title.32. Lands notwallted for immediate use maybe

let.

PART III.OF COMPENSATION'. ,

33. All persons suffering damage entitled to com­pensation.

34., By whom compensation may be ,claimed.35. Claims to be determined by Compensatiou

Court.36. Clai.mant and respondent.37. Claimant to send claim to ' respondent.

Second Schedule. .38. Claims, if, not. refused in sixty days, may be

filed in the Supreme Court~

39. Respondent may make an offer ; 'if refused,the claimant may claim Compensation Courtand appoint Assessor.

40. Respondent to appoint Assessor in, fourteendays.

41. Declaration of Assessor.42. Judge and two Assessors to constitute Court.43. Assessors may be objected to ,as interested

parties.44. If Judge interested, Governor to appoint

another Judge.45. Case of member of Court dying or'llnable to

act.46. Sittings of Court.47. Hearing to proceed in absence of parties.48. Court may adjourn. .49. Powers of Court.50. Award.

222 406 VIeTaRI£. No. 50.Publio Works.

PART·V.

PART IV.OF SURVEYS.

75. Authbrized surveyor may enter any lands.76. Surveyor to produce written authority.77. Penalties for destroying survey marks.78. Native land, consent of Minister requisite.

102. Tolls.103. Conditions under which tolls may be taken.104. Persons exempt from tolls.105. Penalty for falsely claimingexe~nption frorp.

tolls.106. Tolls may be let on certain conditions.107. Collector may distrain goods of person refusing

to pay toll.

51. Questions to be determined by majority. 108. Collector may recovel' toll and compensation52. If Court unable to agree. instead of distraining.53. Award not void for informality. 109. Penalty for evading a toll.54. When claim less than' £500, Judge mayap· 110. Pena~ty for· evasion of toll.

point deputy. 111. Penalty for plying for hire across a stream near55. Deputy may be objected to as interested. ' a bridge or ferry.56. When claim less than £50, two Justices to be 112. Penalties for offences by toll collectors. ,

the Court. 113. Toll-gates in different districts may be made57. Parties may.. a.gree on a person to constitute I to clear one another.

the Court. 114., Notice of gates cleared to be painted on toll·58. Court may hear other claims by coment. board.59., Assessors" fees. i 115. Toll tickets.60. Costs. 116. Penalty on transferring &c. a toll ticket.61. Costs may be deducted from compensation 117. County Council may abolish toll-gate or

awarded. diminish tolls.62. Liability to pay rates not to be deemed interest 118. Compensation if tolls not levied.

in a case. 119. Existing tolls to be tolls under this Act.63. Award to be final as to amount, but not as to •

title. PART VI.64. How award to be estimated. OF RAILWAYS.65. W~en title ?oubtful, compensation to be paid 120. Definition of railway.

llltO PublIc ~rus~ Office. '" 121. Railways vested in the Crown. .66. How compensatlOnlll case ()f lImIted lllterests 122. Railways deemed to be made under thIS Act.

to be dealt with. . 123. Railways to be made only under special Act.67. Public Trustee may invest compensation mon.eY· Fourth Schedule.68. Public Trustee to be guardian, &c., in certain 124. Governor may proclaim limits within which a

cases. railway is to be made.69. Case of mortgage~ lands taken. 125. ,Plans to be ~eposited in Supreme Court.70. Case of lands subJec~ to, rent. charge. 126. Twenty-one days after'" Proclamation, lands71. Case oflan?s on whICh rent IS J?ayable. may be occupied.72. CompensatIOn not to be claImed after five 127. Exact limits of railway to be defined, within

years.. '~ three years.73. When rI~ht .to make a road. reserved, no com· 128. Part of sections 22, 23, 24, 25, not to apply to

pensatIOn payable. . . railways. . .74. Out of what funds compensatIOn to be paId. 129. Powers to make raIlway.

130. Right of way at railway crossings.131. Right of way on joint railway and common

bridges.132. Where railway made on public reserves· no

, . compensation payable.133. Alterations in roads, drains, pipes, &c., to be

made without detriment to the public or toowners.

134. Plans of such alterations to be agreed' on withowners. Two Justices to settle disputes.

135. Land may be occupied temporarily.136. Twenty·one days' notice of occupation to be

given. '137. Justices to decide if occupation necessary, and

to settle conditions.138. Tree dangerous to railway to be rerr.oved.139. Penalties for trespassing on railway in course

of construction.140. Governor may construct telegraphs on any

railways. 'Of Branck Railways and Sidings.

141. Minister may agree for working a branch rail­way or siding in connection with a railway.Conditions.

Of tke Management of Railways open lor traffic.142. No railway to be opened for traffic except on

certificate of Engineer.143. Sites for refreshment rooms, book stalls, &c.,

may be let.144. Receipts from railways to be ConsolidatedFund.145. By-laws and regulations for working railways.146. Charges may be recovered summarily.147. By-laws may impose penalties.148. By-laws to be laid before Parliament.149. By-laws to be exhibited at stations.150. By-laws in Gazette to be evidence.151. Penalties on railway servants. Railway sel'­

vants' fund.152. Railway servants responsible for dainage.153. As to thecllstody, carl'iage, and delivery of

, goods.154. Penalty for giving false way-bill.155. Subject to .. regulations all persons may use

railways.156. Tables of fares and time-tables to be exhibited

at stations.157. Penalties fOI' grave offences on railways.158. Penalties for lesser offences on railways.159. Persons committing certain offences .may be

arrested.160. Goods .may be sold for charges in case of

refusal to pay. _

OF ROADS.

79. Definition of road.80. Roads vtJsted. in the Crown.~1. Roads to "'" under control of Road Boards.82. Case of road in two districts.83. Oounty Council to give the control to either

Road Board.84. And to divide the. cost of maintenance.85. Case of a stream in two' districts, or in two

counties.86. Level of road on a boundary of a road- district

to be agreed on by both Road Boards.87. Powers ofa Road Board.88. County roads.89. Government roads.90. Powers of Governor and County Council over

Government and county roads.91. County roads and Government roads defined.

Of the Stopping of Roads.92. Roacl not to be stopped, except a way is left

to adjacent land.93. Mode of stopping a road.94. How the road to be disposed of.95. Exchange of land for roads.96. If road stopped for benefit of private person.

Of Injuries to Roads.97. Penalties for injuries to J,'oads.98. Penalty for tree overhanging a road.

Of Offences on Roads.99. Penalties for offences on roads.

100. Penalty for being drunk in charge of vehicle oranimal.

101. Animals straying on roads may be pounded.Of Tolls.

1876. 40° VICTORllE. 223

Publio Works.

161. Goods left without owner may be sold.162. Dangerous goods not to be sent by railways.163. Monthly working account.164. Governor may lease railways.

PART VII.

OF DRAINAGE.

165. Definition of" drain" and" public drain."166. Public drains under the control of Oounty

Oouncil.167. Ohristchurch District Drain~ge Act, saving

clause. ~

168. MiIlister may make Government drains.169. In .case of Government drains, Minister to

have powers ot Oounty Oouncil.170. Oounty Oouncil may place drain. under Road

Board.171. Road Board'may submit plans for drains to

- the Oounty Oouncil.172; Road Board may make drains if approved by

Oounty Oouncil.173. Drainage map of county. Da.tu,m plane.174. Datum plane to be fixed by Engineer-in~Ohief.175. Drainage map to be open for in~pection.

176. Powers of Oounty Oouncil to drain.'177. Where a drain runs through two counties

Minister to construct it.178. Oost tobe recovered from the Oounty Oouncils.179. If any II10ney provided by Parliament, only

balance of cost to be recovered.18Q. Penalties for destroying drains.

Powers of Private Owners to procure Outfall.181. Any person may drain his land through ad-

joining land.182.· Plans to be made..183. Notice to be given to adjoining owner.184. Application to be made to Resident Magis­

trate's Oourt.185. Justice may summons parties before two Jus-'

tices. '186.Justices to hear evidence.187. Conditions under which Justices may make

order.188. Justices may alter plans.189. Justices to assess compensation.190. Oosts to be paid by applicant.191. No order· to issue till compensation and costs

'paid. .192. If owner of adjoining lands under disability or

absent, ordl'lr to be made only on' evidenceof two surveyors.

193. Any person dissatisfied may appeal to Oom­pensation Oourt.

194. Any person interested may claim compensationwithin a year. ,

195. Order of Justices and plans to be deposited inRegistry.

196; Drains may be cleaned by owners of drainedlands, or by occupier of adjoining lands athis expense.

197. Owner of adjoining lands may divert drains.198. Meaning of " owner."

PART VIII.OF THE SUPPLY OF WATER FOR GOLD FIELDS.

199. Meaning of water race.200. Governor may proclaim water races, and take

any stream to supply water race.201. Map to be deposited in Warden's Oourt•.202. Governor may alter the course of any water

race.203. On unsurveyed land, Proclamation to be in

general terms, but line to be pegged out;204. Water races vested in the Crown. '205.· Oertain water races deemed to be made under

this Act. Fifth Schedule.206. Powers of Minister to construct water races.207; Water races subject to,Gold Fields Regulations.208. Minister may make regulations for using

water races. .209. Penalty for taking water from proclaimed

water race or stream.210. Penalty for damaging wate~ race.211. Pe'nalty for using water race without paying

charges.212. Governor may lease Wll>ter race.213. Governor may contract for making watel' race

on certain conditions.214. Such water race to be under this Act, but to

vest in contractors.215. Moneys accruing from water races to be Oon-

solidated :{!'und. '216. Moneys payable to be voted by Parliament.

Of tke Transfer of Water Races to Oounties.217. Governor may transfer water races to Counties.218. Powers &c. thereupon to vest in Oounty

Oouncils.219. Oounty Councils to keep water 'races in repair.220. County Oouncils may make new water races.221. Revenue of water races to be paid to Oounty

Fund.222. Governor may vary the security for advances

to water races.Schedules.

Short Title.

Preamble.

I.-General Provisions11.-.Of taking Lands for Public Works

III.-Of Compensation...IV.-Of Surveys

PartPartPartPart

AN ACT for Consolidating the Laws relating to Public Title.

Works. [3 1st October, 1876.]

WHEREAS it is expedient to repeal the several Acts and Orm.. nances in force in the several Provinces of New .Zealand, and

the several Acts of the General Assembly relatIng to roads,railways, and other public works, and to consolidate into one Actthe law relating to such works,' and to make further provision in thatbehalf: .

BE IT THEREFORE ENAOTED by the General ~sseInbly of NewZealand in· Parliament a~sembled,and by the authority of the same,as follows :- '

I. The Short Title of this Act shall be "The Public Works Act,1876."

This Act is divided into the· several Parts as follows :-.Sections.2 to 20

'21 3233 7475 78

224- 40° VICTORIJE.

Public Works.

Part V.-Of'Roads ...Part VI.-Of R~ilways

Part VII.-Of DrainagePart VIII.-Of Water Supply for Gold Fields

PART I.

NC? 50.

Sections.79 119

120 164165 198199 222,

Repealing Acts andOrdinances.First Schedule.

Interpretation ofterms.

GENERAL PROVISIONS.

2. The several Acts and Ordinances specified in the FirstSchedule are hereby repealed, so far as in such Schedule specified;but shall notwithstanding remain in full force so far only as relates toany thing done, appointment or instrument made, right or privilegeaccrued, work authorized, security taken or agreed to be taken, offence'committed, forfeiture' penalty or liability incurred, action prosecutionor proceeding commenced, under the authority of or against the pro­visions of any such Act or Ordinance before the passing of this Act.

Any claim for compensation arising by virtue of any thingdone under the authority of any such Act or Ordinance may,by consent of the Minister and of the claimant, be heard anddetermined in the manner provided by the Third Part of thisAct.

3. The several expressions following have in this Act the severalme~nings herein assigned to each respectively, unless anything in thesubject or context is repugna:ntto such meaning; that is to say,­

"Minister" means the Minister for Public Works appointedunder this Act, or any' Member of the Executive Councilacting for the time being in his behalf.

"Public works" and "works" include surveys, railways, tram­ways, roads, bridges, drains, harbours, docks,canals, water­works and mining works, electric telegraphs, lighthouses,buildings, and every undertaking of what kind soever, whichthe General Government or a County Council ora RoadBoard is authorized to undertake under this or any otherAct or Ordinance of the General Assembly or of any Pro­vincial Legislature for the time being in force.

"Government work "means a work ,under the control,of theGeneral Government.

I "County work" means a work under the control of a CountyCouncil.

"District work" means, a work under the control of a RoadBoard.

" County" and"County Council" have the meanings whichthose words bear in "The CQunties Act, 1876."

"Road Board" or "Board" ineansany Road Board constitutedby any Act or Ordinance of the General Assembly or'ofany .Provincial Legislature, and includes any Board ofCommis'sioners or Trustees having the control and manage­ment of highways.

" Road district " or "district" means the district over whichthe authority of any such Road Board or Trustees or Com­missioners extends.

"Schedule" means a Schedule to this Act; and all suchSchedules are a part of this Act. ,1\

" Special Act" means any Act of the General Assembly withwhich any part of this Act is incorporated, authorizing· theconstruction of a railway or other public work.

1876. 40Q VICTORIJE.Public Works.

225

H Surveyor" means any surveyor appointed by the Ministeror by any Oounty Council or Road Board, and authorizedto make any survey.

" Certificated surveyor" means a surveyor holding a certificateof competency fl~om the Surveyor-General.

" Survey map" means any map made under the authority ofor approved by the Surveyor-GeneraL

When a thing is required to be ~'publicly notified," or when_" public notice" of anything is to be given, it is meant,that a notice thereof shall be published in some newspapercirculating in the district in which such thing arises or' towhich it relates.

"Gazetted "means published in the New Zealand GOiVernmentGa~ette. jI "

" Judg'e" .and " Registrar" of the Supreme Court meanrespectively the Judge and Registrar or Deputy Registrarof the Supreme Court acting in orfor the judicial district inwhich any matter arises, and "Supreme Court" meansthe Supreme Court in such judicial district. '

4. A notice required by this Act to be sent to any person may Of notices.

be sent to the last-known place of abode or business of such personby messenger or by post. .

(1.) If such person is absent from the colony, the notice maybe sent to his agent.

(2.) If such person is not known, or has no known agent in thecolony, and the notice relates to any land or buildings, thenotice. shall be deemed to be sent, if it is affixed in a con­spicuous place on or to such land or builCLing.

(3.) A notice required to be sent to the Minister must be sentto the Office of Public Works, or to the office of suchperson as the Minister authorizes by public notice toreceive notices on his behalf.

(4.) .A notice required to be sent to a County Council or RoadBoard must be sent to the office of such Council or Board.

(5.) Where a notice is sent by post it must be sent so as toarrive in the due course of post on or before the lastday on which such notice is r:equired to be served.

5. The Governor shall appoint some member of, the Executive Minister for Public

Council to be the Minister for Public Works, who shall be charg~d Works.

with the administration of this Act, and with the execution of allGovernment works.

6. The 'Governor may from time to time appoint an Engineer-in- Engineer-in-Chief

Chief,. an Assistant Engineer-in-Chief, and such other engineers, and other officers.

managers, clerks, and other persons as may be necessary for theexecution of all Government works; and all such persons shall holdoffice at the Governor's pleasure, and shall receive such salaries as theGeneral Assembly determines.

7. The Minister shall, as soon as conveniently may be after the Annual estimates•

. opening of each Session, lay- before Parliament full 'and detailedestimates of the expenditure proposed to be made upon all Governmentworks during.the financial year; and no such works shall be under­taken unless Parliament appropriates money for the execution thereof.

8. On or before the first day of August in each year the Minister Annual accounts and

shall cause to be prepared a full and correct statement of the expendi- expenditure. '

ture during the preceding financial year upon all Government works,together with a full report upon the state and progress of such works;anp, ~e ~hal1 lay the sa;ne before Parliamentwithiu ten days after itsfirst SIttIng after the saldfirst day of August. . ·

226 400 VICTORlJE.

Public Works.

No. So.

Accounts to be certi. 9. On or before the first day of August theMinister shall send afled b! Co~mission. copy of, such statement to the \Commissioners of Audit, who shallerso£ AudIt. certify to the correctness of the same; and the Minister shall forth~

with'lay such certificate before Parliament, together with any rem~rks

by the Commissioners appended thereto.Contracts for Govern- 10. All contracts for the execution of' Government work shallment works to be in be entered into in the name of the Queen.the name of the '11' · .. b GQueen. ,', • Before any pubhcwork IS undertaken , y the, overnment, theEngineer-in-Ohief or Engineer~in-Ohief,()r ,Assistant Engineer-in-Chief,' or the MarineMa:ine Engin~er or Engineer or Colonial Arohitect or other officer under whose superin~AssIstant Engmeer- , ' •' •in-Ohief to report on tendence and control such work IS to be' constructed, shall report toworks. the Minister thereon.Of contracts for 12. Every contract for County works or District works shall beCounty and District made in the name of the County Council or "Rdt1d Board making the~4 ' .

same.Any contract which, if made between private persons,

firstly, must be by deed,secondly, must be in writing signed by the parties thereto,thirdly, maybe made v~rbally without writing,

when made with a County Council or Road Board,in the first case shall be in writing under the seal of the County

Council or Road Board,in the seeond case shall be 'signed by two mer,nbers,of the

Council or Board on behalf of and by direction of suchCouncil or Board,

in the third case may be made verbally without writing by theCouncil or Board, or by any two members thereof, onbehalf of and by direction of such Councilor Board, butno verbal contract shall be made for any sum exceedingtwenty pounds; "

and all such contracts maybe, varied and discharged in the samemanner respectively.

Annual accounts of 13. Every County Council and every Road Board shall, on orCouuty: and District before the first day of June in each year, cause to be prepared and,sentexpendIture. to the Minister an account of the expenditure of such Council or Board

upon all works executed' under, the authority of this or any other Actduring the year ending on the thirty~first day of March, then last past;and the Minister shall lay all suchaccounts beforeParliament withinten days after its first sitting after the said first day of June.

Protective fences to 14. Except for the purpose of a railway or other work to bebe made before entry made under the authority of a special Act of the Gen.eral Assembly,on lands. nothing in this Act shall authorize the commencement of any work,

or the removal of any fencing upon any lands, until fences havebeen first made, so -that all lands adjacent to land taken or worksexecuted under this Act shall be as effectually protected against

-- damage by trespass as before the commencement of such w:orks.Certain lands not to 15. Nothing in this Act contained shall authorize the entry uponbe entered on without or taking, except for the purpose of a railway or other work to beconsent. made under the authority of a special Act of the General Assembly,

of any land'occupied by any building, yard, garden, orchard, vineyard,plantation, or ornamental park or pleasure-ground, or the cutting orinjuring of any ornamental tree' or shrub, or the taking of any stoneor other material from any quarry, brick~field, or like place commonlyused for the taking material therefrom for sale, without the consent inwriting of the owner first obtained. '

Penalty for obstruct- 16. Any person who wilfully obstructs any engineer, surveyor,ing works. overseer, workman" or other person in the, performance of any duty, or,

in doing any work which he has lawful authority to do under the, pro..

1876. 40 Q VICTORIJE.

P~tbZi() Works.

227

visions·of this Act,. shall be liable toa penalty of not more than fiftypounds-for every such offence. - _

17. All penalties recoverable under -the provisions -of this Act ~enalties recoverableexcept under the one hundred and fifty-first section may be In a. summary way.recovered before any two Justices of the Peace in a summary way.

Where anything may be done by two Justices under thisAct, the same may be done by any Resident Magistrate.

18. Anything required by this .Act to be done by the Minister,T~ir:gsto be done byor by a Oounty Oouncilor a Road Board, may be done by any person MInIster &c. ~ay bed 1 h ' d' ·t' I • h b If- b -h Y' .- 0 done by authorIzed

U y aut orlze - In wrl Ing In t at eha y t e Inlster, ounty agent. 'Oouncil, or Rot;td Board as the, ~ase may be.

19. The Governor in Oouncil may, from time to time make, and A~l regula£ions ~o bemay repeal or alter -reO'ulations for the conduct of all persons employed laId before Parlm·

, b _ • _ _ - menteby the Government under thIS Act, or in or about any works whichmay be constructed by the Government under the authority thereof.

A copy o(all regulations made under the authority of thisAct shan- b@ raid before Parliament within ten days after itsfirst sitting after the issue thereof.

20. The Governor may, by Proclamation, from time to time Governormayreservereserve such parts of -the waste lands of theOrown as he thinks fit, lands.for railways, roads, bridges,ferries, or for any other public works con-structed under the authority of this Act.

PART II./ . OF TAKING LANDS FOR PUBLIC WORKS.

21. Whenever lands are required to be taken for public works, Su.rveys ~nd plans tothe Minister in the case of Government works, and the Oounty Oouncil ~!s~!~~slted 111 roador Road Board in the case of Oounty or District works, shall cause asurvey to be niadeand plans to _be-prepared, showing generally thenature of the worksproposed to be executed, and the lands required tobe .taken for the same, together with the names of the owners andoccupiers of such lands, so -far as they can be ascertained; and shallcause a copy of such plans to be deposited in some place in the roaddistrict in which such lands are. A.nd such plans shall be open toinspection by all persons at all reasonable hours; and any person havingcustody thereof and refusing or obstructing such inspection shall, for

.every such offence, be liable to a penalty of not more than fivepounds.

22. The Minister in the case of Government works,and the Oounty NoticethatobjectionsOouncilor Road ,Board in the case of Oounty wo~ks or Di~trict w?rks, ~ilr~r~:~~;orksshall cau.'se a notIce to be gazetted and to be tWIce publIcly notIfied,stating the place where such plans are open for, inspection, with ageneral. description of the works proposed to be executed and of thelands required to be taken; and in such notice shall call upon allpersons affected· to s~t forth in writing any well-grounded 0 bjections' tothe execution of such works or to the taking of such lands, and tosend such writing within forty days from the first publication of suchnotice to the Minister, or tothe Oounty Council or Road Board, asthe case may be. . '

23. The Minister, County Oouncil, or Road Board, as the case Notice to be servedmay be shall also cause a copy of such notice and description to be o~ owners and occu·, . . , pIers.served upon the said owners and occupiers so far as they can. beascertained.

24. The Minister in the case of Government· works, the Council How objections to bein the case of County, and the Board. in the case of District works, heard.shall, upon receiving any such objection,' appoint a time and place

228 40° VICTORIlE.Public Works.

No. 50.

Upon memorial,lands to be taken by:Proclamation.

Memorial, map, andProclamation to beregistered.

If land not underLand Transfer Act.

If land under LandTransfer Act.

within the colony at which the objector may appear before theMinister· or some person appointed by him in the case of Governmentworks, before the Council in the case of County,. or before the Boardin the case. of District works, and may support the objection by suchevidence as the objector thinks fit.

25. If within the said forty days no such objection is made, orif, after due consideration of all such objections, the Minister or theCounty Councilor Road :Board, as the case may be, ~s of opinion thatit is expedient that the proposed works should be executed, and thatno private injury will be done thereby for which due compensation isnot provided by this Act, the land proposed to. be taken shall betaken in the following manner :- '-

(1.) The Minister or the County Council or Road :Board shalllay before the Governor a me:rnorial containing an accuratedescription of the lands proposed to be taken, togetherwith a map thereof. .

(2.) Such map shall be signed by the Survelor-General·or somecertificated survey'Or, as evidence of the accuracy thereof.

(3.) The Qovernor in Council may thereupon, if he thinks fit, byProclamation gazetted and publicly notified, declare thatthe said l~nds are taken for the use of a railway, road, orother public work, as the case may be.

And from and after a day to be named in the said Proclamation, thelands therein specified shall become absolutely vested in fee-simple inHer Majesty, discharged from all mortgages, charges, claims, estates,or interests of what kind soever, for the public use named in the saidProclamation.

26. The Minister shall cause a parchment copy of every suchProclamation, Inemorial, and map to be deposited without fee in theDistrict. Land Registry Office for the district in which such land is.

(1.) If such land was not theretofore subject to the provisionsof "The Land Transfer Act, 1870 ,,_.

(a.) The District Land Registrar shall cause an entryof such Proclamation, memorial, and map to be madeunder the proper head or title in the index book of theDeeds Registry Office.

(b.) Upon such deposit such land shall thereuponbecome subject to the provisions of "The Land TransferAct, 1870."

(2.) If the said land was theret,ofore subject to the provisionsof "The Land Transfer Act, 1870"-

(a.) The District Land Registrar shall register suchProclamation, memorial, and. map against such land.

(b.) Any person in possession of the Crown grant, cer­tificate of title,. or other instrument evidencing the. title tosuch land, shall, upon, receiving notice from the DistrictL.and Registrar in that behalf, deliver up to' him suchgrant, certificate of title, or other instrument, to be whollyor partially cancelled as the case may require; and anyperson refusing or neglecting so to deliver up any suchinstrument shall 'be liable to a penalty of not more thanfifty pounds.

(e.) The District Land Registrar shall retain everysuch instrument, and shall, when required by thel'egistered.proprietor of the land not taken, issue to him free of chargea certificate of title for such land unless the same is notCrown-granted. .

(3.) No person having in his possession such Crown grant,

1876. 4oVICTORlJE., Public Works.

229

certificate ·of title, or other instrument, shall be entitled toclaim or receive any compensation under this Act, until suchcertificate is delivered up to the District Land Registrar.

27. If any land, not situate in a town or built upon, is so divided Owner may requireby the land taken for any work as to leave on either side thereof a less small parcel of land

t Ot f 1 d th h If t t th yo 0t 'C t C ·1 severed to be taken.quan I yo an. an a a sta u e acre, .e InlS er, oun y ounCl, 'or Road Board, as the case maybe, shall, if so required. by the ownersof such small parcel of land, and except as· hereafter provided, takesuch parcel together with the other land taken for such work.:But ifsuch owner has other land adjoining into which such small parcel maybe conveniently thrown, the Minister, County Council, or Road Boardas the c~se may be, ma~~, instead of taking such small parcel of land,throw the'same iilto such adjoining land,' by removing the fences andlevelling and soiling the sites in a sufficient and workmanlike.manner.

28. The owner of any land temporarily occupied as provi4ed by Owner may re9uirethe one hundred and thirty-fifth section for the purposes of a land ~emporarily

01 • ,. d . h . . 0 t· 0 occupIed to be taken.ral way, may, at any tIme uring suc occupatIon, gIve no Ice Inwriting to the ,Minister that he requires ,the said land to be taken for ,.the purpo~e of the railway; and such lands shall thereupon be takenfor the railway in the manner herein provided; and upon the filing ofthe said notice bysuch owner in the Suprem\e Court, the said ownerand all persons having any interest in such land may recover com..pensation as if the same were taken in the manner provided by thisPart of this Act.

29. If it is found that any land taken under this Act is not Land not wanted

required for .public use, the Governor may, by an Order in Council, iliIe~1~o~d b!cilpublicly notified and gazetted, cause the same to be sold under the OU.

following conditions :-(1.) A memorial shall be laid before the Governor by the

Minister, County Council, or Road Board at whoseinstance, as provided by the twenty-fifth s'ection, the landwas taken, describing so much of the said lands as are notrequired "for public use, accompanied by a map thereof,certified by a certificated surveyor appointed by him inthat behalf, and setting forth the reasons for disposing ofthe same.

(2.) The Minister, County Council, or Road Board, as the casemay be, shall cause the land proposed to be sold to bevalued by one or more competent valuers, and shall offersuch land at the price fixed by such valuation, first to theperson then entitled to the land from which such land wasoriginally severed; and if he refuse it, or cannot after dueinquiry, be found, then to the owner of the adjacent lands,or, if there be more than one such owner, then to each ofsuch owners, in such order as the Minister, County Council,or Road Board thinks fit; and if no such 'owner acceptssuch offer, may cause the land to be sold by publicauction.

30. The purchase money of lands so sold shall be paid into the Purcha~emoney,howPublic Account or the County Fund or the District Fund, as the case' to be dIsposed of~

may be, and shall form part of the fund appropriated to the ex~cution

of the works in re~pect of which the said, lands were taken underthis Act.

31. Upon the payment of the purchase money, the Minister, Orde~ln Council toCounty Council, or Road Board, as the case may be, shall file in the C?nstltute transfer of

District Land Registry Office for the district in which such land is a tItle.

copy of the Order in Council directing the sale. of' the said lands,together with the certified map thereof, andshal~ indorse' thereon a cer-

~30 40° VICTORIlE.,

Public Work8.

No. 50\.

tificate of the payment of thepurchase money, with the namearld addressof the purchaser ; and sUCll Order in Council and certificate shall be

. deemed to bea memorandum of transfer of such land to such pur­chaser within the meaning; of "The Land Transf~rAct, 1870," and theRegistrar shall register the same and deal therewith in the manner in,the said Act provided.

~ands ~otwantedfor 32.· If any land taken under this Act is not required for jm­ImmedIate use may mediate use the Minister .County Council or Road' Board on whosebe let. ".. ,

memorial the land was taken,.mayl~t the same upon such terms ashe or they respectivelyth:ink fiti':fo:r:'anyperiodnot exceeding twenty;.,one years, and the rents', ,and, profits th.ereof shall be paid into theConsolidated Fund, ,the Ooun:ty:Fund,or the District, Fund, as thecase may be.

'P.ART"III.:OF OOMPENSATION.

All persons suffering 33. Every person having any estate or interest in any landsdamage en~itled to taken for or inJ·uriously affected by any public works undel" this ActcompensatIOli. . ' . . ......'...'. '.'or sufferIng any damage from the exerCIse of any' of the powers hereby

given, shall be entitled to .full compensation for the same from theMinister, County Council, or Road BOard, as the case may be, bywhose authority' such works may· be executed or power exercised.

By whom compensa- 34. A claim for compensation ,may be made by any person seized,tion may be claimeCt.' possessed of, or entitled to such lands or to any estate or interest

therein, whether such person has· or has not the power to sell andconvey the same, or by .any executor or administrator; and any suchclaim on behalf of ce8tuique tru8t8, wards, lunatics or idiots, may bemade by their trustees, guardians, or committees respectively~

Claims to be deter- 35. All such claims shall he determined by a Compensationmined by Compensa- Court constituted as hereinafter provided and hereinafter called "thetion Court. C ' t" 'our. ,Claimant and re- S8. Any person so claiming compens'ation is hereinafter calledspond~nt. "the claimant';" and the Minister in the case of Government works,

the County Council in the case of County works, and the Road Boardin the case of District works,.are hereinafter respectively called "therespondent."

Claimant to send 37. In order to obtain compensation, the claimant shall serveclaim to respondent. upon the respondent a claim in writing, in one of the forms Jin theSecond Schedule. Second Schedule, describing,the·lands in re~ect of which he makes

such claim, the' nature· of his interest therein, the nature of the loss orinjury on account of which he claims compensation, and· the amountwhich he claims.

Such claim shaUbe served, in the case of the Minister, bybeing left at such office in each'district as the Minister appointsby public notic'e; and, in the case of a County Council or RoadBoard, by being left at the office of such Council or Board;and the claimant shall be entitled to receive .from the personfor the time being in charge of any such office a receipt, statingthe day on which such claim was . served, and. any -such officerrefusing to give such receipt on demand shaUbe liable toapenalty of not more than fiyepounds.

Claims,ifnotrefused 38. If the respondent does not, within sixty days after receivingin sixty .days, may such claim, give. notice in. writing to the' claimant that he does notbe filed III the d·t ·t th 1· t ' til f h' 1· h·Supreme Court. a illI 1, e caIman may . e a copy 0 ISC aIm, toget er WIth the

receipt for the service thereof, in the Supreme Court; and such claim,when so filed, shall be deemed to be and shall have the effect of ajudgment of the Supreme Court, and may be enforced accordingly."

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,39. If the respondent does not admit the claim, he may, within Respondentmaythe said sixty days, bv notice in writing, make the claimant an offer make an offer; if

f th h · h h '; , '11' t . l' f th ' t l' d refused, the claimanto ,'I e SUln W ,IC e IS WI lng 0 pay In leu 0 , e amoun 0 alme , may claim Compensa-and Inay file a copy of such notice in the Supreme Oourt. If the tio.t,l Court and ap­respondent makes no such offer, or if the clailuant does not a~cept the pomt Assessor.

offer so made, the claimant may file a copy of hi§ claim in the SupremeOourt, together with a notice in the form in the Third Schedule thathe requires such clairn to be heard bya .Oompensation Court,; and heshall, in such notice, state the nf11nC and address of some personwhom he thereby appoints to act as A.ssessor in such Oourt, and shallgive notice in writing t'6the respondent of the appointment of suchAssessor.

40. ,The respondent shall, within fourteen days after receiving such Respondent tolast-mentioned notice, also appoint an Assessor, and shall give notice appoint Assessor in., 't' f' b' . t t t th R . t' f th S ' 0 t fourteen days.In, wrI lng 0 .sue .appOln Inel1 0 'e egIS rar 0 e.upreIne our 'and to the claimant; and if .the respondent fails within the saidfourteen days to rnake such appointment, the Registrar of the SupremeOourt shall' forthwith appoint an Assessor on behalf of the respondent,and give notice thereof to the clailnant.

41. No appointment of any person to be an Assessor shall be valid Declaration ofunless such person signs the consent and declaration following:- AsseSSOl·.

" I, A.B., consent to act as A.ssessor in the OOlnpensation Oourt to beconstituted uJ).der "The Public Works Act, 1876," to hear the claimof rnarrning the clail1~'a1d] against [naming the' respondent] for the sumof [nanl-ing the amot&nt of the claim]; and I solemnly and sincerelydeclare that I will faithfully, honestly, and impartially, according tothe best ~f my skill and ability, hiear and, determine the said claim."A.nd every such consent' and declaration shall be appended to thenotice of appointment of 'such Assessor, and shall be filed in theSupreme Oourt. ,,

42. TheJudge of the Supreme Court and the two Assessors so Judge and two .RQpointed shall except as hereinafter provided constitute the Oom- Assessors to constl-

1 , , ' " ,tute Court.pensation Oourt, and the Judge shall be the president thereof.

43. If either party, before the first sitting of the Court, objects to Asse~sOJ;smaybe

A . t d th d f h' b' . . t t d' th objected to a,s .any ssessor so appoln e ,on e groun 0" IS eIng In-eres e Ine interested parties.claimtobe heard, the Judge may, upon the application oisuch party,unless the objection appears to be frivolous or unreasonable, orderthe Assessor so objected to to be discharged, and the persoll havingappointed him shall, within twenty-one days after such order, inlikeluanner appoint another in his stead. ,

44. If the Judge is interested in the claim to be heard; the If Judgeinterested"

Governor shall appoint some other Judge of the Supreme Oourt, or GO~hnoJtaappoint·some Judge ofa District Court to be a }TIelllber of and to preside in ano er u ge.

the Court in his stead. '\ 45. If, before the award is given, any member of the Oourt dies Case of member of

or becomes incapable ofacting, in the case of the Judge the Governor Coubrlt dtyingtor.. " th J d f h ~ una e 0 ac •s11all fOl'thWlth appOInt some 0 I er u ge 0 t e ~upreme Court or '

S0111e Judge of a District Oourt; and, in the case of an Assessor, theperson having made the appointment shall forthwith appoint a freshAssessor, in the place of the member so dying, or becoming incapableof acting: But the inquiry before the. Court shall proceed as if no

, such change in its members had' taken place.46. The President shall appoint the' time and place for the first Sittings of Court.

sitting of the Oourt, and sh:;tll, not less than ten days .,beforesuchsitting, cause a notice of such time and place to be served on eachAssessor and upon the claimant and respondent severally.

47. If the clainlant .01' respondent fails to appear before thelIearingtopro(leed 'Court at the time and pl~ce appointed, the Court may, upon proof of in absence of parties.

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Court may adjourn.

Powers of Court.

Award.

Questions to bedetermined bymajority.

If Court unable toagree.

Awal'd not void forinformality.

When claim less than£500, Judge mayappoint deputy.

Deputy may beobjected to asinterested.

When claim less than£50, two Justicesto be the Court.

P.arties may agreeon a person toconstitute the Court.

the service of the notice of such sitting, proceed. to he.arand determinethe claim in his absence. .

Either party ll1ay appear either personally or by hissolicitor or by any agent appointed in writing in that behalf.

48. The Court may adjourn its sittings so often as is necessaryto a future day, of which the ~resident shall give notice in open Court;and no further notice of such future sitting shall be necessary..

49. The Court shall have power to summon all person.s requiredby either party or by the Court to give evidence before them, andmay examine·· all such persons upon oath, and may require theproduction of any documents, plans, or other papers in the cus- ,tody or control of either party; and the claimant and respondent, .and their counsel, solicitors, witnesses, and all other personsattending the said Court, shall have the same rights and privileges,aIl:d shall be subject to the same obligations fines and pen~lties,

as· in the trial of .an action at law in the Suprmne Court; andthe Court shall, until they shall have made their award, have all thepowers of the Supreme Court, so far' as may be necessary for inquiringinto and determining the claim referred to them.

The Court may receive such evidence as it thinks fit,whether the same is strictly legal evidence or not.

50. The Court shall make its award in writing, which shall besigned by the President, and shall be filed in the Supreme Court, andshall have the effect of a judgment .of the Supreme Court, and maybe enforced accordingly.

51. Every question before the Court shall be determined by amajority of the members thereof, but shall be deemed to be the awardof the whole Court.

52. If the Court is unable by a majority to agree upon an award,the Judge shall discharge the Assessors and cause notice thereof to begiven to the claimant and respondent; and a fresh Court shall beconstituted in the manner provided by the thirty-ninth and followingsections, who shall hear the case de novo.

53. No award of a Compensation Court shall be void through anyerror or omission in matter of form.

54. If the amount claimed be less than five hundred' pounds,the Judge may appoint some other person, being a District Judge,Registrar of the Supreme Court, Sheriff, Resident Magistrate, orJustice of the Peace, to be· a member of and to preside in the Court inhis stead.

55. If either the claimant or respondent object to the personappointed under the last preceding section as being interested in thecase, the Judge shall, unless he considers such objection to be frivolousor unreasonable, cancel such appointment, and appoint some othersuch person as aforesaid, having no interest in the· claim, to presidein the-Court in his stead.

56. If the amount claimed be less than one hundred pounds,'the case shall be heard and determined by any two Justices. of thePeace having no interest in the case, without Assessors, in the ResidentMagistrate's Court nearest to the .land in respect. of which the claimhas arisen; and such J ustices'shall constitute the Compensation Courtfor the purpose of determining such Glaim; and in respect of any suchclaim the words" Supreme Court " and "Registrar of the SupremeCourt" in this Part of this Act shall be taken to mean respectivelythe Resident Magistrate's Court and the Clerk of the said Court.

57. If before the first sitting of the Oourt to hear the claim asabove provided the claimant and the respondent makeanq execute anagreement in writing to the effect that the claim in question ~hall be

,1 876. 400 VICTORliE.

Public Works.

233

heard and determined by one person named in such agreement, and filesuch agreement in the Supreme Oourt, the person so named shall bedeemed to be the Oompensation Oourt,and shall appoint a time andplace for the sitting' thereof, and shall hear and' determine the claimaccordingly. ,

58. A Oourt constituted to hear any claim under this Act may~ Courtmayhearotherby consent in writing of the claimant and respondent in any other claims by consent.

clahn, in respect of the same or of any other lands, hearand determinesuch last;.mentioned claim as though the Court had been constitutedto hear and determine the sarne.

59. Every Assessor and any person hearing a claim under the Assessors' fees." fifty-seventh section shall be entitled to a fee of two guineas a day for'ev~ry day upon which he attends a sitting of the Oourt in respect ofeach claim heard therein.

60. ,The Court ~shall determine the costs of the inquiry, and shall Costs.

include the same in their award, and shall direct by whom such costsshall be paid. '

Such costs shall include all reasonable costs ap.d charges incurredin the inquiry, including the fees for filing documents in the SupremeOourt, fees payable to A.ssessors, the expenses of witnesses, the employ­ment of couns~l,· solicitors, or agents, including the costs betweensolicitors and clients, alid the serving of notices; but no fees of Courtshall be payable.

61. Oosts payable by the claimant may be deducted from the Costs may be de-

t · hI t tl I"t d th d' d'f h ducted from com-compensa Ion paya e 0 1e caIman un er e awar; an 1 SUC pensation awarded.costs exceed the compensation payable, the award shall be for the pay-ment by the claimant of the amount of such excess.

62. No member of the Oourt shall be deemed to be interested in Liability to pay ratesany case solelv on account of his liability to pay rates on which the ~Ott~o,bt",.~,'deemed

• oJ ' lU eres In a case.compensatIon awarded may become a charge. .

63. The, award of the Oourt shall be final as regards the amount Award to be final asawarded, but shall not be deemed to be final as regards the right or to am~unt, but not. . 1 . th ' . h ' as to tItle.tItle of the c. aImant or any 0 er person to receIve t esame or any

part thereof.64. In determining the amount of cOlupensation to be awarded, the Ho.w award to be

Oourt shall take into account severally the value of the land or interests estll;na~ed.

in land, including riparian rights, taken, and the extent to which anyadjacent lands in which the claimant has an interest are or.are likely to beinjuriously affected, either by severance or by the nature of the works inquestion, and shall also take into account, by way of deduction fromthe amount of compensation to be awarded, any increase in the valueof such adjacent lands likely to be caused by the execution of suchworks. But the Oourt may award one gross sum as the compensationto be paid to the claimant on all accounts, or they may determine thatno compensation is payable. '

65~ If any doubt or. dispute arise as to the right or title of any When titl~ doubtful,IJerSOn to receive any compensation awarded under this Act, .the co~p~nsatlont.o be

bl h t · h 11 b' 'd . "h P bl' paId mto Pubhcnl0neys paya e as suc compensa Ion s a epal Into t e U Ie Trust Office. .

Trust Office; and the Public- Trustee shall deal with and apply suchmoneys in such manner- and shall pay the same to such persons asthe Supreme Oourt, upon the application of any of the parties inter-ested, directs. .

66. If the compensation is awarded in respect of lands or any HOwcOI~p~nsat~oninintere,st therein taken from any person havinO' a partial or qualified case'of hmlted,ln~er~o ' , ests to be dealt WIth.interest only -in such lands, and not entitled to sell or convey the .same, or in respect of. any permanent injury done to such lands, suchcompensation shall be dealt with as follows, that is to say,-', __

(1.) If the compensation amounts to two hundred poundS or

234 4° 0 VICrrORIl£.

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No. 50.

Case of mortgagedlands taken.

Public Trustee mayinvest compensationmoney.

upwards, it shall he paid into the Public Trust Office,andthe Public Trustee shall apply the same, upon an order ofthe Supreme Court made on the. petition of any personclaiming' any estate or interest in· the same to one ormore of the following purposes, that is to say,-

(a.) to the discharge of any debt or incumbranceaffecting the said lands, ·01' affecting any of the landssettled therewith, or to the same or like uses, trusts, orpurposes;

(b.) in the purchase of other lands to be conveyedlimited and settled upon the like uses, trusts, or purposes;

(c.) in rmnovingany buildings on the said ·land, orsubstituting others in their stead ;

(d.) in the purchase of such public securities as theSupreme Court may direct, to be settled in the samemanner as the said lands;

(e.) in payment to any party becoming absolutelyentitled thereto.

(2~) If the compensation is more than twenty but less than twohundred pounds, it shall be paid into the Public TrustOffice, and the Public Trustee may apply the· same to anyof the above-mentioned purposes, but no order of theSupreme Court shall be necessary.

(3.) If the compensation is not more than twenty pounds, itshall be paid to the parties entitled to the rents and profitsof the said lands, or in 9ase of the incapacity of suchparties to their respective husbands, guardians, committeesor trustees, as the case may be.

67. Until any compensation deposit~d in the Public Trust,Officeunder this .Act is applied as provided by the last preceding. section, thePublic. Trustee shall invest the same. in the manner in which anymoneys in the .Public Trust Office may by law be invested, and shallpay the annual proceeds thereof to the party for the time beingentitled to the rents and profits of the lands in respect of which suchcompensation was· awarded.

:Publi~ Truste~ to be " 68. In the case of any person being an infant, lunatic or idiot,g~ardlan &c. In cer- or oe8tuique tru8t not having a guardian, committee, or trustee withintam cases. the colony, the Public Trustee. shall for the purposes of this Act be

deemed to be the legal guardian, committee, or trustee of such person.69. If the land in respect of which compens~tion is awarded is

subject to a Inortgage, such compensation, or so much thereof as isrequired for the' purpose, shall, upon the application of the mortgagee,be paid in discharge of the mortgage debt or of part thereof, so far asthe compensation will go; and if such land is a part of lands subjectto a mortgage debt, and the mortgagee requires a part of such debt tobe discharged,the Court shall determine what part' of the compen­sation shall be paid in discharge of part of the mortgage debt, so'thatthe remaining part of the mortgaged lands shall constitute as goodsecurity as·. theretofore .for the part of the mortgage .debt remainingundischarged; and the words" mortgage debt" in this section shallinclude the interest payable on such mortgage up to six monthsbeyond the day on whieh notice was received by the mortgagee of thelands affected being taken under this Act.

Oase of lands subject 70. If the said land is subject to any rent charge, the Court shallto rent·charge. determine what part of such compensation· shall be paid to the party

entitled to such rent charge in redemption thereof; and if the saidland is part of land subject to any rent charge, the Court shall deter­mine what part of such rent charge shall be redeemed, and what part

18 76. 4-0° VICTORllE.

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of such con'lpensation shall be paid 'in the redemption thereof, so thatthe remaining part of the lands subject to such rent charge shall be asgood security as theretofore for the part of .the rent charge remainingunredeemed.

The word" rent charge". shall include" annuity."71. If the said land is part of land in respect of which any rent Ol:t~e of lan~s on

is payable, theOourt shall determine what part of such rent shall WhICh rentls payable,

cease to be payable, so that the remaining rent payable shall bear thesame proportion to the whole rent as the. value of the land in respectofwhich compensation is awarded bears to the value of the whole land.

72. No claim for compensation under this Act shall be made Oomp~nsationnot toin·resp.ect of any. lands taken after a p.eriod of five years after the be claImed after five:. , ..' , years.date of theProclaluation taking the said lands, or, in respect of anydamage done, after a period of six months after the execution of theworks out of which such claim arises; and all right and title to anycompensation in respect of such lands, or for damage arising out ofthe execution of such works, shall after Ejuch period. absolutely cease.

73. No compensation' shall be payable in respect of any land Whenrighttomaketaken £.or a roa.rl· or 'ral,'.lV\tay· under this A.ct the riO'ht to make. a road a road res~rved, no

(,'. .' '.' . .•.. ....' . b. . compensatIOn pay-over which is otherwise reserved to the Crown, and has not lapsed or able.

become barred, or in respect of any road or public reserve upon whicha railway is made under this and any special Act.

74. Moneys payable. as compensation or as costs under this Act Out of wb;at fundsshall-.· co~pensatlOnto be

• • • '., paId.(1.) If payable by the MInIster, be paId. out of moneys appro-

priatedby Parliament for the works in respect of which~ the claim for compensation arises;(2.) if pay~ble by the County Council, be paid out of the

County .Fund ;(3.) if payable by a Road Board,. be paid out of the District

Fund;but neither the Minister nor any member of a Oounty Councilor of aRoad Board shall be personally liable for any compensation whichmay become payable under this .A.9t.

PART IV.OF SURVEYS.

75. It shall be lawful for any surveyor to enter from time to time, Authorized surveyorduring the daytime, upon any land, with such assistants as he thinks may enter anylands.

fit, for the purpose of making any survey which he is authorized to'make, and to fix or set up thereon trigonometrical stations,survey pegs,mark,S, or poles, and to dig· or bore. into such land, so as to ascertainthe nature of the soil, and to set out· the lines of any works thereon.

In all cases where possible, reasonable notice to the occupier (if'any) shall be given of the intention to enter upon such land.

76. Such surveyor shall, when required so to do, produce to the Su:veyor to pr?duceowner or occupier of any land. on which he has entered the written written authorIty.

authority under which he is making a surve)".77~ EverY.person who without due authority destroys mutilates ~ena1tiesfordestroy-

d f t k It th 'to, f' t . t· 1 t t' mg survey marks.e aces a es away or a ers e POSI Ion 0 any rlgonome rIca s a lon,survey peg, mark, or pole, fixed or set up by any such surveyor, orwho wilfully obstructs such surveyor or· his assistants in carrying onsuch survey, shall be liable for every such offence to a penalty notexceeding fifty pounds,.

78.Nothing herein contained shall authorize any surveyor to Nath:e .land, con~~nf;

t N t'l' d.c· . f th . . h·' t' d of Millister reqUIsIte.en e1' upon any \ a Ive an ~or any 0 epurposes e1'eln men lone •

236 40'°' VICTORlJE.

PublioWorks.

No. 50.

Definition of road.

Roads vested in theCrown.

Roads to be undercontrol of Road:Boards.

Case of road in twodistricts.

County Oouncil togive the control toeither Road Board.

And to divide thecost of maintenance.

Case of a stream intwo districts, or intwo counties.

Level of road on aboundary of a roaddistrict to be agreedon by both Road:Boards. '

until he shall previously have obtained in each case a special authorityin that behalf, signed by ,the Minister himself.

PART V.OF ROADS.

79. The word" roaq." means a public highway, whether carriageway, bridle path, or footpath, and includes the soil of-

(1.) waste lands of the Crown over which <1 road is laid out andmarked on the survey maps;

(2.) lands over "Thich right of way is granted to the public bydeed by any person entitled to make such grant;

(3.) lands taken for roads under the provisions of this or anyother ..;tct or Ordinance;

and includes also all bridges, culverts, drains, ferries, fords, ,gates,buil4ings, and other things thereto belonging, upon the line and withinthe limits of the road.

80. AIl roads are hereby,declared to be and are hereby vested inHer Majesty. ,

BI.A.ll roads, except as hereinafter provided, shall be under thecontrol of, and may be constructed and repaired by, the Road Boardof the district in which: such roads are, and shall be called Districtroads.

82., When a road on the boundary of two districts lies length­ways partly in one district and partly in another, the whole shall beunder the control of such one of the two districts as the CountyOouncil directs.

83. Tl}.e R,oad Boa~d of either of the said districts may, aftergiving noticWie thereof to the Road Board of the other district, apply tothe County Council to give such direction; and the County Councilshall~ aft~r giving to each Road Board not less than seven days'noticethereof, hold a meeting, and shall, after hearing such statements as themembers of, either Board desire to make, direct under the control ofwhich of the two Boards the road in question shall be.

84. 'The County Council may direct what proportionate part of thecost of constructing a;nd maintaining such road shall be borne by eachdistrict.; and the Road Board having control of the road may recoverfrom the other Board its share so determined of any reasonable costsincurred in constructing or maintaining' such road.

85. Every bridge, ferry, or ford across a river at a point wherethe two banks-

(1.) are in different districts, shall be under the Gontrol of thecounty in which such banks are;

(2.) are in different counties, shallbe under the control of theGeneral Governlnent or of such one of the two counties asthe Minister directs;

but the cost',of constructing or maintaining such bridge, ferry, or ford.may be recovered in equal Inoieties, in the first case by the CountyCouncil from the districts on either side,' and in the second case bythe General" Government from the counties on. either. side, or by thecounty ~aving the control of such ,bridge, 'ferry, or ford from the othercounty, as the case may be. . '.

86. Where' a road crosses the boundary of a district. or meetsanother road on such boundary it shall not be lawful to alter the levelof such road or roads at such point of crossing or' meeting, unlessboth the parties having the control of the roads respectively agre~

as to the new level at suchpoilit'. .,

1876. 40° VICTORllE.

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23-1

87. The Road Board shall have full power to do all things neces- Powers of a. Road

sary to construct and maintain in good repair any road under its·· Board.

control, and therein especially to do the following things:-(1.) to make surveys for the laying out of new roads;(2.) to alter the line of any road: Provided that no new line

of road shall be laid out by the Road Board over Crownlands without the consent of the Waste Land Board;

(3.) to increase or diminish the width of any road; ,(4.) to take land under the provisions of this Act forthe pur­

pose of making a new road, or altering or increasing thewidth of any road;

(5.) to determine what part of a road shall bea carriage way,and what part a footpath only;

(6.) to alter the level of any road except as herein otherwiseprovided; .

(7.) to stop up any road as hereinafter provided;(8.) to stop the traffic upon any road temporarily, whilst being

constructed or repaired;(9.) to enter upon any lands and cut therein such ditches and

drains as may be required to drain water from any road,and to keep such ditches and drains open at all times forthe flow of water; and to erect floodgates therein,. and toopen or close the same as the •Board thinks fit, doing aslittle damage as maybe;. . .

(10.) ·after twenty-four hours' notice to enter upon any land,not being a garden or ornamental shrubbery, and digand take any stone, gravel, or other material therefrom,or from any river or stream, except within fifty yardsabove or below any' bridge, dam, or weir, and so never­theless as not to divert or interrupt the course of such.river or stream, or.· damage any building, road, or ford:And reasonable compensation shall be paid for any injurydone and material taken;

(11.) to enter upon any uncultivated and unfenced land ad­jacent to a road, and make thereon- and use a temporaryroad whilst the road is being constructed orrepaired.

.. 88. The County Council may make County roads throughout the Oounty roads.

county, except within the limits of a borough,and may, by an orderpublicly gazetted. and notified, from time to time de.clareany Districtroad within the county to bea County road; and may, withthe consentof the Road Board in a similar manner revoke such order, and on suchrevocation the road to which it relates shall again become a District road.

89. The Governor may make· Government roads within any part Government roads..

of New Zealand, and may, by an Order in Council publicly gazetted~nd notified, from time to time declare any road within. the colonyto be a Q-overnment road; and Inay in a similar manner revoke anysuch order, and on such revocation the road to which it r~lates shallbecome a County or District l~oad, as may be declared in such Procht-mation.

90. All the powers, rights, duties, and liabilities hereby vested Powers of Governor­in .and imposed upon a Road Board in respect of a District road and County Oouncil

• . . . . .• ' over Government and.shall In the case of a County road be vested In and Imposed upon the county roads.

County Council, and in the case of a Government road shall be vesteclin and imposed upon the Governor, instead of in or· upon the Road:Board.

91. In any part of the colony which is not. included in a road Oounty roads and

..1':.strict all ·the r.oads shall be .deemed to be County roads· and if in Government roat4'# .• . .. , .. ...." defined.·$UCh part the whole of "TheOounties Act, 1876," is not brought into

force· therein, the roads therein shall' be deemed to be Governmentroads. .

Of the Stopping of Roads. , ,92. No road shall be stopped unless and until away to the lands

adjacent as convenient as that theretofore afforded by the said roadjsleft or provided, unless the owners of such lands give consent· inwriting to such stoppage.

93. No road shall be stopped except in the manner and uponthe conditions following :-.

(1.) The Board shall have a plan prepared of the road proposedto be stopped, and a survey made and plan prepared of thenew road. (if any) to be made, showing the lands throllghwhich they' pass, and the owners and occupiers of suchlands,· so far as known.

(2.) The said plans shall lie open to public inspection at theoffice of the Board or other convenient place duringtwelve consecutive weeks.

(3.) The Board shall once in each thre.e. weeks during suchtwelve weeks give public notice of the proposed alteration,and of the place where the plans are on view. "

(4.) A notice of the proposed stoppage shall be fixed in aconspicuous place at each end of the road to be stopped. .

(5.) Within one week after the said twelve w"eeks, the Board shall, byp~blic notice call a meeting of the ratepayers of thedistrIct, fora day not less than ten days after such notices.

,"Ratepayer" in this section Ineans any person entitledto vote at the election of a member of the RoadBoard.

(6.) The Ohairman of the Road Board, or in. his absence someother member of the Board appointed by the meeting, shallpreside thereat.

(7.) Such nleeting shall decide by a majority .of the ratepayerspresent whether the I'oad shall· be stopped or not.

(8.) If the meeting decides that the road be not stopped, suchdecision shall be final; and no proceedings for stopping suchroad shall be taken by the.Board for .one year thereafter.

(9.) If the meeting decides that. the road· maybe stopped, th~Eoard shall send the plans aforesaid, with a full descriptionof the proposed alterations, and with their decision thereon,to the County Council.

(10.) TheCounty Council shall, after giving not less than ten'days' public notice thereof, hold a meeting at which theyshall consider the proposed alterations, and any objectionmade thereto .by any person likely to suffer injury.thereby,and sh~ll confirlu or reverse the decision of the ratepayers' 'meeting; and the decision of the County Council··shallbe,final; and if the Council reverses the decision. of the rate­payers, no proceedings shall heentel'tainedby the CountyCouncil for stopping such road for two years thereafter.

(II.) If the Oounty Council confirms the decision of the rate­payers, the Board. may declare by public notice. that. thesaid road is stopped, and such road shall thereafter cease tobe a public highway.

(12.) If the whole of the Counties Act is not in force in anycounty, the word" County Council" in the three precedingsubsectioJ;ls shalLbe taken to mean the,Minister.

94. '1'he land occupied by any road SO stopped shall be .dea'ltwith ~sl?rovided by thytwenty-ninth~ndfollowingsections, in the c~use

Road not to bestopped, excepta way is left to ~d·

jacent land.

Mode of stopping aroad.

How the road to bedisposed of.

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Idi;"f1; 4ci~ VICTORI1E:., !23~-,~. ~~

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,of lands not required for, public u~e" .,and upon the l)ayment of thePllrc)lase money the ,Governor' may issue a' Crown grant to..., thepurchaser for the same. . . .' ... ' . .' '. " .' .' ..' .. ,"

'.' ,95. The Board may agree with the owners of'any land-r~quired Exchange of "landfora/road to be made in lieu of a road tobe'stopped,'as.herein provided, for roads.

to ex~hange the Whole or any part .• of '. the land' occupied bys~~h last-Ill~I1tionedroad for the whole or any part of theland so required; and'upon the' presentation of the memorial mentioned, in the tw~enty-ninth

;section, the Governor may issue to such owner a Crown grant of theland so agreed to be given in exchange.

t, "'./ J)6. Ifaxoad is proposed to he stopped uponthefuotion and solely It road sto~ped for-{-or the convenience of any private person, such person shall pay all benefitofprlvate

. the. costs incurred 'thereby, including ·the cost of constructing a new person.

r'oad, if in the opinion of the. Board such ,new road be necessary,W the place of the road stopped; .andihe Board shall take no steps

·to\vards stopping such road until such person first pays into theDistrict Fund the whole estimateci Gostof the proposed alteration.

OJ'Injuries {(YRoads.f.' 97. Ii any person not having lawful authority or the written Penalties for injul'ie!!

perm~ssion .9f the Board does knowingly or Wilfully any of .. ·the'-follow- to roads.

:ipg ,'things:-. .., .. '., . •.•. . .' '... '.' ..' " ..' .''.. ' ,(1.) ~ncroaehes onaroadby makinganybuil~ing,fence, ditch

I or other obstacle,orpl~ntinganytreeor shrub thereon;(2.) leaves, on a road any timber, stones or other luaterial, so as, to obstruct or endangerpersons using the road;

(3.) digs up,rellloves qr~lters in any way the soil or surface, or serapings' of a road;

(4.) fills uP,. alters o:r obstructs any ditch or drain, whether. ona road orelsewhere, made by or under the control of theBoard to carry water off the road;

(5.) allows any filthy or noisome matter to flow from 'any:building or land in his oCGupation on to a road, .or ,into any'ditch or drain declared to be a public drain under the con­trol of the Board;

(6.) causes or allowsanyiimber or other heavy material, not'being wholly raised above the ground on wheels~ to be

, . ... . " dragged on a road; .,' . . .. ' . ."..'"lie ,shall be liable to a penalty of not more than ten pounds for every,qay,upon which such offence 'is committed or 8ufferedto continue, and •. ,a further sum equal to the cost incurred by the Board in removing any'such encroachment or obstruction, or in repairing any injury done to:any road, ditch or drain as aforesaid: Provided that no penalty shallbe .irp.posed unless the information or cOlllplaint is-laid by authority ofthe'Board.

98. If any tree or hedge overhangs a road so as to injure it, Of', Penalty (or tree over­

any gorse be allowed to spread from any hedge into any road so as to hanging a road.

fujtire·the same, the'Boardmay, upon.the certificate of a competentslu'weyor,orof any twomernhers of the Board after together viewingthe place, that such injury is being done, order the part of suchtrees0o'Verhanging to be removed, or such hedge to be lowered or trimmed,,or> such . gorse to be grubbed up and removed, as they' direct; and:any occupier of •the land in which such tree 01' hedge is, who does notwithin one month after the receipt of such order obey the same, shalllJ@' liable to a penalty.not exceeding five pounds for, evety· day during''which s~chorder' ~s riotobeyed,~nd a further sum equal to the 'costmenne<!·by the.l3oard.·in ,. removingsueh... tl'.ee ··or' lowering) or trimminglsuch hedge or grubbing up or removing such gorse. .' .~

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No; ""5t?;

Penalties for o:trenceson road8.

Penalty. fqr beingdrunk in charge ofvehicle or animal.

Animals strayingon roads may bepounded.

Tolls.

Conditions underwhich tolls may betaken.

OJ .Offences '. on }loads.. ' ....• ' ....' • ..' • '. ;;99. If any person does any of the following things upon a road,,:"'-;

(1.) rides or drives any horse-or vehicle furiously : .....•. .(2.) rides or drives · any horse or vehicle 'on .. a '. footpath con.~

structed. for. foot· passengers bnly: .(Q.) tethers any animal on or so that it may he ona road:. ..:,(4.) drives any entire horse' or any savage .or dangerousJ,tuimal,

loose:(5.) plays any game to the annoyanceofpassengers:(6.) pitches any tent, booth or stall:(7.) makes any fire without written authority from the Road

Board: .(8.) discharges any firearms or fireworks on a road. orwithi~

fifty feet from the side of a road: .'. . ....., ..... '. '(9.) unlawfully obstructs in. any manner the free Iiassage of

persons passing along a road.:(10.) drives any vehicle in his charge, sitting thereqn"without

having reins to guide· the .horse .. o;r other animal drawingthe same:

(~1.) goes to sleep in any ve~icle in his charge, so as to leave' .. auyanimal drawing the same without proper guidance.

(12.) leavesany such vehicle by going to such' a a~stanceas'

to .be unable to control.the ani1U3:1 drawing ·thesaJ;Ue: .(13.) dOes not keep any vehicle driven. by him on the .left or

'near-side of the road when meeting,. andonthe)right oroff-side when passing another .vehicle, or doesnqt leave areasonable portion of the road for any vehicle passing him :

(14,.) .. impedes the traffic or •.. endangers·.thesafety •. of passengeJ:sby a load undulyprojecting from the side of anyveliicle orbeast of burden: '.' . '., .."

every person so offending shall be Hable to a penalty lloteX:Qeedingfive 'pounds.

100. ,If any person is drunk "rhen. in chargeof<anyanima.lorvehicle upon a road" he shall be liable to a penalty .,' of not' morethan five pounds, or at the discretion of the Justices to be imprisoned,with or without hard labour, for·not more than fourteen days~

101. If any animal is found. straying on a road which isfenced on both sides, it shall be lawful for the Board orfor;;tny otherperson to cause such animal to be taken to the nearest public pound"whether in or out of the district in which it is found straying, to be'dealt with as in the case of animals lawfully impounded.

OJ Tolls. ,102. The Board may cause,tolls to be collected uponal1.y Distric~~,

road, and for that purpose may .do the following things :-:-'(1.) May appoint and discharge collectors of.tolls. . .~

(2.) May place on a road toll houses,. gates and hars, and ferry'houses, posts and other things necessaryforwQrking ..~.ferry, and provide boats and punts for the use of any ferr~~.

(3.) May from time to time.fix the scale oftolls to be collec~ed

at any toll..ga,te or ferryuponallpersonsaIlin;l~lls'J!:or'

vehicles passing th~ sa.Iue, agd may revoke ol"altef.c~1l:ch!

scale. '.' .. ' " ...•... . ..•. •.. '.' ,.But.llotoll-~a:t,e ,.s,hall :hereafter b~ est~1Jlished,exceI>tfora bri¥~~! o~'ferry, within one mile from.the boundary of any bqr811pAr."o'

103. iN0 toll shall be payable unless the follo"ring~riditions·!a.;r~~

observed; that is to say? unless~

1876. 40~VICTORI.lE.'.,'" ._~~'.t;

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(I.) the seale 6f tolls publlclynotified for thirtY~3JY~before becoming first payable; " '

(2.) the name ofthetoU.gateor ferry, and the name in full of,the/collector','and ·th,e scale of tolls, ' are ,pail1ted i;n.black·letters not less than two inches in, length on·'a,white board,"and placed;in~ conspicuous placeon or neattheto~l~houseor ferry.house,soas to he .' conveniently read by everyperson from whom a toll is delnanded. '

104. The', following persons, aldmalsand vehicles, and every. Persons exempt fromanimal and vehicle employed solely in carrying such persons ortheir tolls,. 'tools· or'materials", shall be exempt from· tolls :-'.,

(1.) Tpe Governor and every person in- attendance on- the:'Governor.

(2.) Every member of any military, militia or volunteer force~

when on duty, or' going to ,or returning from parade,' and·in the uniform (if any) of his corps.

(3.) Every policeman' and constable on duty, and every prisonerin his custody.

(4.) Every person, animal,. and vehicle, when exclusively em­ployed in conveying Her Majesty's-mails.-

(5.) All passengers by any publi.cconveyance; but this'excep­tionshaH not apply to such' passengers at any ferry atwhich tolls are lawfully1raken from foot passengers~

(6.) Every child going to or from school.'. (7.) Every animal, the property, of any person' residing within'

.one mile' of a toll-gate, going to orfi~omwat~rorfeed.

(8.~ Every animal and cart employed solelyin'drawingmanure.(9.) Every person," animal or vehicle in respect of, which toll

has been paid at "the saJlle toll.:gate at any time since themidnight previous.

But the three last·men.tioned exemptions shall not apply to toUs"payable at afetry. '.,.._"' ., ,105. -Any person falsely' claiming exemption from toll shall ,'be Pe~al.ty for~alseJ.Y

liable toa penalty of not less than two nor more than five'pounds, alld'f;~~~~fis~xemptlOnth~:,proof of being exempt shalllie with the person claiming to be so~

106. The Board may let or farm the tolls payable at any toll.. "Tolls.may b~ ~et~tl(,.gate or ferry, together with the buildings' and other thingsh~longing"certamcondItIons.

thereto, on'the following conditions :-" ,(1.) Such letting shall be fora period not exceeding one 'year~'

(2.) Such"letting'shall be by public 'auction or sealed tenders,after due public, notice given. .

(3.) Security in two good sureties'shall be given for the rentto be. paid.

(4.) Thescale of tolls shall not be altered during such leasewithout the consent of the lessee, except under the pro­visions ,0Ithe one hundred and seventeenth 'section.

(5.) The lessee 01' any person appointed, by him in writing shallbe,deemed to', be foraH, purpos~s a collector, dulyappoill.ted 'by the, Board.

107., If any person refuse to pay a. toilior which 'he is liable, the Co~lectormaydis-'11 t ' " d d·' 't'" ',; '. '1'" • 'h· I' ", .. 't' "f tram goods ofperson,eo.eeor may seIz.e an ,', IS, ram any anIma or, ve lC e on ~cc~un ,'0 refusing to pay toll. ' '

'\Vlnch such toll ,IS payable, 01' any .' goods or chattels" ,carrIed In· suchvCllicleor on -suGh animal,and unless the toll,with reasonable chargesf()rtheseizureand distress, and ,£or themaintenallce oisuch animal, be'pai.d·withinfour days, ,may sell such animal vehicle goods or chattels-ll~J?tiblic auction, and •may apply the proceedsof such-sale, in t~e·pay..m.ent,of sUQh,tonand,,'ch~rges, and shall'p~ythe residue, ifany)'to~he';

,·ownerondemand. '

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Oollector may recover .. ·108.·. Any,'collectorni~y,.itistead.·Ot Lmakingsu-ch- ···.seizure andt?ll ~nd comp~ns~- distress recover from any person'refusing top','ay 'a toll for which he istlOn lllstead OI dlS-. ". '. '. ..' ..' .' '. . .. ...• .. . . ..'training. liable. the amount of such toU,together wlthsnch compensationforl()ss,

of time in· recovering the same ··as the Court. hearing ··the··case, deter..mines.

Pena1tyforevading a 109,., Any person leaving· a road .and, returning thereto withintoll. three hundredy~rdsoneither side of any. toll-gate, so as and. with the'

intent to evade paying toll, shall be liable to a penalty not exceedi.rl,.g·.. fivepbunds for each .suchoffence~'. . . .

Penalty forevasibn 110•.Any person attemptingby force to· evade the payment of'Or toll. any toll, or resisting or obstructing any toU-keeperin the execution'or,

.his duty, shall be liable to apenaltynotexceedingtwenty'pounds.Penalty for plying Ill. It shall not be lawful for any person to hire or to ply forfor hire across a. . hire in any boat or punt across any river, stream or 9reekwithin halfstream near a. brIdge . °1 ° t· .. ht I· . f .'. 'hI' £ •.. kO dor ferry. a ml e In a s ralg lne. rom. anypu -.. 10 erry In wor ~lllg or er, or'

bridge open for traffic across the sa:Q1e,at which tolls are .payable ;.and. ··any·. person so hiring or plying ',for hire in any boat or punt shallfor every such offence be liable to a penalty not exceeding fivepound~..

Penalties for offences '. 11'2. Any toll collector doing any of the following·things:-.'.by toll collectors. (1.) demanding.a larger toll than that payable by Iaw~

(2.) not maintaining the board required by the one hund;redand third section in a legible condition, ,.

(3.) refusing, 'when required .soto .do, to give •.. his 'n~m~, or­giving a false name, to any person of vvhom he has deIll3JIld.eda toll, .' .' .. '. ,_. . .. . ". , .. '

(4.) being in~oxicatedwhen.in the ~ischarge of.hisd-qty,(5.) obstructing any person In paSSIng when the lawful toll has·

been tendered,(6.) using any abusive or offensive language .to any pe:fs()Th

. '.' '" passing,shall "be liable to a penalty not ~xceeding five pounds. . ..

ToU-gatesindifFerent .1IS.The Road 130ard may make any toll-gate. eleara~y(])the:t;":'distr~!'tsmay be. toll-gate in the district, and the County Council may,by an order'made to clear one .' "R d'B .d' "'h ." ". ..' '11'" ",,:,another. declare, or any two or more - . oa oar S may agree, t ataIliyto-g-ate

in. any road district shall clear any toll-gate in any other district.;­,', and no. toll shall be payable at a gate so cleared by any person 'Showing. the ticket hereinafter mentioned.

Notice of gates 114. Whenever. any toll-gate clears any other toll-gate in the:,·cleared to be painted same :Or any other district, thew-ords " Clears the[naming thetoU..gateon toll-board. cleared] gate" shall be painted upon the board mentioned, in tb.~ one'

hundred and. third section.Toll tickets. 115. Any .person passing through a toll-gate may demand:fr()nl -

the collector a ticket showing that he has passed the gate on that day;,and,any collector refusing to give. such a. ticket on' demand ... shallbe-liabl~ to a penalty not exceeding fiye pounds. . '.' .'.

Penalty on transfer- . ..1161

0 If any person with intent .fraudulently to evade .. ~ny toll,ring &c. a. toll ticket. transfers such a ticket to another person, or uses a ticket so transferred,.

oraIters. or forges STIcha ticket so .. as·andwith intent fraudule~tlytoevade any toll, he shall be liable to a penalty llot exceeding~vep()11,nds•.

County Conncil may 117. If the eounty eouncil is of opinion that any toll-gate ,is nota~lOl~s? toU-gate or necessary, or that the road in respect of which the tolls .are taken is,dlmlUlsh tolls. 4.1\;'" ·t··· .'. tl t'tb- t II' . .' ;]. d-l'nOli ·.ep .m proper repaIr, .or .la '. eo· S are excessIve .ana unny:

burdensome, the CORnty Council may, after due inquiry into thec~set,'

by an order publicly. notified, abolish such toll-gate, or may cli~e<rt,.

the Road . Board .having control thereof to ••. d.iminish •tl1ejolls~aken:,tlr~r~~t,assucheouncil thinks fit; and. such toll-gate shall there;.t£te,..-.beaboHslled,o.r .the tollsthereftt .diminisheq., in compliancewitll. ~-qch~:

order.

I 8,6.~ i 4,6'~,.\.vt<cmORlJE.

,'BttlJZiii,WiJ;pltlJ. ",

24JS

Frovidedthat nothing herei~c()ntaineds~alldeprivethe lesseeof c'

'sllclrtan..gateo£the l'ightwhichhe'Inayhave of compensa.. 'tiQnfor .any loss which he may sustain thereby. ,

II8.Nothing in this Act contained. ,shaH be construed to limit Compensation if tol19Or interfere.with the right to levy tolls 'on any. bridge" ferry, tramway, not levied.

or toll;.gategranted to' any .person or persons .dUl~ing the '.' period forwb:ieh.suc~tollshave been so granted,ex:cept 011 payment of adequate "cOD1pensation.· . ',

119. All tolls which may be' lawfully taken at t~e time of the Existing tolls to bepassing afthis l\.;ct shall, subject only to theex:emptiolls contained in tolls under this Act.this .A.ct, be deemed· 'to be tolls made and ·collectedunder the autho..rity 'of ,this'Act; and aU the proviSIons of this.Act shall apply thereto.

.PART VI.OF RAILWAYS~ .'

l20... The •. word "Railway "means. the .land upon which any Definition of railway.

raiHvay~includingallthepremises eonnectedtherewith, is authorizedtabemade .under this A.ct; and includes all vlorks, buildings, andmaterials ofwhaikind soever on such. land, and all 'wharves and jettiesconstructed and used inc'onnection with a railway, made under thesaid authority. . '.. ' ....' •'. .., .' '> ,. ..•.....

,1~1.. Every,r~ilway, together with aU the engines,. ~ol1ing stock, Railways vested inrilachinery, buildings, and appurtenances thereof of what kind soever, the Crown.

shall~ exceRt .as. ,herein. otherwise.provided, .beyesEed .!nlf~r .·Majesty.~22. Every railway shall be made only under the authority of Railways to be made

a special Act, which shall state as nearly as ma,y be the line' of tho only under special

r~ilway andthe twotermini. thereof.. .. ' . . . . .,... .." Act.'123. The several railways specified in the' Fourth Scliedule shall Railways deemed to

be deemed to have been made, and, in so far as any of them are UIl~ b~ made under this

fin.is~~.d,m3JY be.completed under the provisions of this Act;, and this' ~~~rth Schedule•

.A.ct~b.f\ll.He deell1ed ". to be. a special Act, authorizing the .constructionof eaph qf the' said railways.,.. •... .'. '

J24~ .·When·any railway is to' be constructed under the provisions- Governor may pro­of a.. n.·.y.. special Act,' the Governor shall issue a Proclamation defining. cla~m limit~ with~u

th "ddl . l'f' h 'il"'" . t' h····f ·d·f .. whIch a raIlway IS..'eml'e Ine 0., t· e ra way or any par t ereo, an may rom tIme to be made. '

to tim~ by aPro«lamation revoking •. or amending. such forl1lerProcla..D;1&tiPn., alter. such line ..• inany manner or to. any' extent which maybef0'l.ud llecessary-for the eonstructionof such railway, within the,proVisions of the .said.special Act. .' . '.' .' ....." ,

,!~5~ The MiniAter shall cause to be made, and to be deposited, in ~lans to be depositedthe Offi.oeofthe Registrarof the Supreme Court, such maps audplans .In Supreme Court.

as m4ybe necessary to explain .the said line and .the land throughwhien the sarne passes; and such maps and plans shall be referred toin. al,l.y such Proclamation., .. and. shall form part thereof.

...•••...... .•' .. Suchu?-aps and ,plans shalllio open to public inspection.at, all reasonable hours. '. .. ,.. .' '

'J~6. At anytime after the publication of any such Proclamation Twenty.on.e days after

tlle ~~ni~terIrlaY"a~ter~iVing twer:ty-one days'notice t.o theoccupiyr ~o;~:::6~~i;4~dsof a:nylal1~ soreq,uJ):'ed to be occupIed for the constructlon of the raI1- .way~el}ter ul?onsuch laud, and do all. things thereon which ho isePJ,P9~~~ed;by ~his.Act to do .for the construction of the railwa~r,witlJ.9ut'beil1g de~ll1ed taeommit any trespass thereby~ .•.. '. .... . '•.'. .J27. The Minister shall, within three years from thepublicatiollElCact limit8 of rail-

O,fSlJ:.?R ~,~~o,~l~~~ti~~t ~:ual~rdetermiIl~the~;act limits~f the land :tlhi~:r::;~:~s. ,r~qlJ.~ed .t,pbeJ?~rtl;l.al,fently takenfortherallwayulldep .the •.' po:weJ."s.. " ,giV~ll'b'y, the SecoIlff~~rt pf this Act;.· and. the ,powers hereby' give~"under any such Proclamation, shall thereafter cease to be' exercised.

Alterations in roads,drains, pipes &c. tobe,made withoutdetriment to the.public or to owners.

~4t 4Q~; (,Y:Ic,<;\AP~:JJE· No~·\5",o.t - !-": ".:. \': '!, -,~- ,',( if· :1 " '::>,' < \(' :'~'.';' ;'!; C' r;~:; \',~"" ::",'~ ":~'~

Publia··Works."

Part of sections 22 •.......•. c ...•12ll~,. SOJ;l1uqh. of .the.tW"enty:secon~,twent~-third,t-W~l1ty~fourth23,24,25, .llot to' aIt,dt:w;enty;'fi.fth\sectiollSJ()f,this· .Actasre~atestp:the!g.h1ii]1gnotiee;t'goapply to railways •......... ,·'t.. '1",''1-.:· ·t'·····; ;1.,' J, .. ' .. "k .. ,. '. ':1 '. 'b9 . ." ,-. perso~s . o maKe 9 uJec lOllS ..•·.·UOa,lly,wor. i8J.>l:'0poseu,to'eexecuted;-and

totll'e ·heal'illgof' suchobjeC?tions"shall ll<?tapply to a rai1:w~y n1adeunder the .·authority ofa special.Actand ora: l?roclamatidnissned,Jfn4erthis]?~rt9ft~isAct. ". . .........•..... ". '..< ..M ..... ".' .•...".

J?~"ers to make raH- > .' .129. Subject .' to. the restrictionsherein,specified,>'theMinister"way. may do the following things in respect of ,any railway authorized:by\:.a·.

special'1\.ct:-·.• '(1.) :May Inake the railway upon, 'over,or under'any,lalld"

necessary for the construction .. thereof, lyjngalong.) themiddle line deflned in .any such Proclamation,.or'Within.~'distance of .five chains on either side thereof; and for thispurpose may construct works of every description and ofevery material necessary to the' making. thereof ~

(2,.) May make the railway upon, over, or under any rOad ortramway,' or public reserve along such··line,and.may,atterthe level of any road or tralllway for such purpose·; (rL·'

(3.) May. mal(e the railway. across. any river.". or·.·. stream, butso as not to impe~ethe.navigation upon any navigable _

, river except as provided by a special Act;< .'('(4.) J\!(ay alter .the course or theleyelof any river 110t'D;~vigaple,

: ' or of any stream,. waterc.ourse;ditch,or~rain;'(5.):Maymake drains or eoIldllits on or under any, land ad.

jacent to and· ~or the purpose 9fcar:ryingW"ate~'from offthe railway; and may. at all ti])les maint:;liinthe isame ingood repair; '. '.. .• . '. . < ..'

(6.) May remove or alteranydrainorsewer.or'any/pipes ,0rother nLaterial for the supply of water 01:,0£ 'g~s be~onging

to. any company or ·personwithip. or·'beyondthe:ll~itsofthe railway ; .... ••. . '. "". . ..•.... . '. '.' '. . ••.

(7.}l\f~y make all suchlluildings" stations, engines, .machinery,, . piers, wharves, roa,ds,.aJ?proaches, .·a,nd ••. other works .incpn­

nection with the railway, asmaY1Jethoughtnecessary~(8.) May ,do, all acts necessary, for makirig, mairitaini:n,S"alter.'

'. ing, repairing, and usingthe railway. .... '.' ..... '.. ·Right of way at rail .. ~.. 130. Where .. '.' ~ny .part of a r?ad, except. where .it crosses,'away crossin~s. raIlwayon a level, IS take:n fora railway, such part of the ,road shall

thereafter cease to be a highway; and. where a road crosses a railway.on a level, the public right of. way. at, such crossing shallceasew4~n.

ever any, engine or carriages ontne railway 'are ,approaching/and'within a dlstl1nce .of a mile .• from '. such· 9ros~ing ; ...• and .. s~alJati all.othertimes extend only to the right ()f crossillgthe line of railway with allconvenien.tspeed,bntnot to stoppillg or90ntinuing ther~on~

l{ight of way on joint.. 131. Wher~ ~ bridge. is .. used "for '. r.aihvay- and ordinary trafficrai.lway and common Jomtly"the publIc TIght of way on suchbrldg~shallexten(Lonly so~ar

brldges· as shall be defined in any regulation n1ade underJheone hundr~d'and

forty-fifth section.. . " . '" .". .••• . •... (Where railway made 132. Where any waste ,lan~s. of th~ Crown oranylan.dJ:eser-ved '.on public l:escrves,llo ..forpublic,purp6ses .. are taken fora railway,. suc~land shall c~~s~to.be ,~~l~~ensatlOn pay- waste lands', of the Orown or public reserve within the meaning of'

any laws in relation to .suc1l1ands, but shan be deemedto;be'land ,. reserved for the useo! ther~i1way,andno 'compensationshallehe.. payable in respect of any suchhtnd except for improvements' -madethereon.

•~33.Wh~r~ it 'is I?und nec~ssaryfor theconstruption'iof 'ara~l­way. td .~lter allY road, tram'!aY'-watel'course,or drain"olr"'~J1L~7otherpublic'work, :orany.vvaterpipe o:r gas pipe for the supply o~"'wat.er or·

i::8~7~'~";- . ;~Q~i'vlci6iuJ~;~ 245

·gas-'Ybi~longing,·t.oa;private·(personjolt QQn1pany;,:such alteration~$ltan,b~~ad.e in.· such manner as •tpinterferE} .as .little .' as possible with the~Drk~Qaltered,andso\asto/a:fJjQrdt~thep"llblic.andto' every .person.entitledcio.usethesame aneqU,.al j use· an<l,convenience;asbefore suchalteration. . •... ..•. . '

.]]3'4. '. Beforecoll).Plencing any'such:ilteration,' the Minister shall Plans of such alte.l'a~caJ;tseLa.plan thereof to ,be. prepared an<lt;o~eis"U.b:rnittedtothe County ti?ns to be agreeqofj.Council or Road Board under whose control the work propos~dtobe WIth owners. '

alterea.is, or to the owner of.sneh sewer; water or gas pipe, or otherwork.·~-asth:e caselll.aybe;and; if su,c,h. (Jouncil, Board, or owner (>bject to the

proposed-alteration, the .. Minister sp.all .appoint .·a. competent ..engine~r·toieonfer-with sucb.Ool1p.cil, Board, or owner, and to agre.e with themor.himas to the manner in which suchalterationsh.all. be made;. and Two Justioesto

'i;fno -agreement can he come to between the parties, the matter shall settle disputes.

he_r.eferr~d·totwo Justieesofthe .Peace, who ·shallinalie such order<the:ceip.';as .theythinkfit;and the alteration shall' be made in accord!"ance with such order. •. ..".. .' . '

,., "135. ,E:xcept.~sand subject. t()th8 conditions herein3.'fter pro- Land maybe occu~'vlded.,theGovernO:rIUay t~mporarIly.occupy and use .any land for the pied temporarily.

.purpose of 'constructing or repairing •a rajlway,' and may .do the ;follow-iIig~hin:gsthereon:____ . .. "

, (1.) May it~ketl}erefrpm ston~, ,gravel, eartl1" and other.; ". materials ;'. ..... >. • •

(2.) May.deposit'thereonany such lnaterial;',' ...• (3;.) M~y. fqrm a;r;tdust} tegippra:ryrpad.sthereon;

(4.), Maymanufaetu.re· bricks or.other :ruat~ri111s;thereon ;(5:)MayeJ:ectwoJ.'ltshops)~heds,aIldQth~rl>ugdiIlgs of a tern!"

..•.... ; t",pOI;3iry nat'U:t'8 the:r0o:p..; .'. ". '. 'J3"a.TheEngin~eror·()thyrper~onhav:iIl.g thech.arge of the rail- Twenty-one days' no~

way shall before occupying or using· any land. as herein provided, and tice?f occupation to

~~cept)1). thecase.of'.acciclent.tothe; railtv:1y' .requiringiill;mediate be glven.

repair, give to the owner or occupier thereof not, less .than twenty-onedays",.l;l.Qticein..writi:i1g,alldsnaU.statein such •. notice. the use proposed'to,he .l\tl.adeQfsuchlan4. . .' .... .. " 'i

l37. Thesaidow1).er oroccupierrnay, '~'fithin te:q.days after Justioes to decide if':receiving such notice, and after. giving llotice, to the said Engineer or occupation necess~l';r.

otlt~rpe:t'son of, his intention.soto do, apply to aIlY Justice .of the :i~~s~o settle oondl­

~eaye; who. may thereupon summon. such Engineer .01' other person toappeaJ.'. before 'two Justices of the Peace. at .atime andplae~ to .benamedinsuch;sllmmoIls;ap.difitappears to the said '. Justices thatthe use proposed to.be made.of the said lands is unreasonable and un­nec~8$arl, or that other neighbouring lan~s.aremor.e fitting to bensedfor the purpose: propqsed,the said J~stices may, by writing unde~.~lieir: h~nas"ordeJ: that the lands in question,shall not be .. occupied or·use,d. in. ,the manner proposed ;.pr the said.Jnstices may in such order'"w.1'0ct.t4at the said •• 1::lJuds.maybe. occupied. anclused or material taken.therefrom, in such manner, and to such extent only, and subjec~ tosuch.··.l~mitations an<lrestr,ictions, as .they. th~nk.fit;,.and all personsconcerned shall be hound by any such order. .' . ' . .

138..' If,upon the report of wGovernment Engineer, the Minister Tree dancrerous t6'jsof;Qpinion: that, any .•·. tree .0:0:. lalld .. adjacent ... toa railway is likelyhy railway t~ be re­

: falling •. ol'other,wise ... toqbstruct .. the traffic •. or .endanger .the travelleI:'s moveq.

;thereon, 11ePlaY;~~l1s~<P.ottcYit()bE}.given. to .. the owner or occupier ()fsuch land to remove such tree ; and in default of' such reniovalhemay

"C£)Jtlse,'tb.~!t~ee·t9;lm!,emQ\Ve<i';"'P~t ..~uch 0'\y.p,eI:' or occu.pieJ.'m~~reeover

.TtK~'~lUQ-unt.9f~l1Y ,e.~sl,OlldaI:n~ge,ill~l1J?r~~·'Hr .•sufferedbys~cli· remo¥~l.:;.) j,:IS 9.:~ (l~)i ~ll;OC" P~!,SOIl tte~PJls~ihgllP 91). (1n,.yr~il~~y ~:Q.ip.e\cm-1J:·se Penalties fortres~~$.

of construction, or upon any la:ild occupied or temporarily 'oCCUpi~ld ing(?nr..a.f,..i..lW.. ai ..~~...·.,/,·.:, .' '" " .. . .' .... ,.' .., '.. .... '" course 0 con8tru~l.,

tion.· , ," ..

',2.46 ,4;OO,·VIC,TORI1E...... PubUo Works.

No.. :5<J•

Governor may con­struct telegraphs onany railwa.ys.

for'the purpose, of' such··.·construction' under ,the powers 'hereby giv:eIgshall bediable to a,penalty not-exceeding twopounas. . . ' " ..'

(2.),Anypersonriding or driving: any animal or' vehicle uponsuch railway , or land without lawful authority shall be liable to apenalty ,not exceeding five pounds.

(3.) Any such person refusing to leave such railway or! land, orto r'emove such animal or vehicle' therefrom, when warned so to do-bythe overseer,contractor, or any 'other, person in'·charge of or: employedupon sllchrailway,may be, seized and "detained by such overseer or,other person until he can·be ,conveniently taken before' some'Justiceof the Peace to be dealt with according ·to law.

140. It shall be lawful for the GovernoI"to cause telegraph polesto·be erected and 'aD.' 'electric telegraph··.to be established,. along anyrailway, whether const~ucted tinder this Act or by any person orconi~P3iuy whatever~ without any· compensation or/payment for the same';but so nevertheless as: not to cause. any injury to such railway" or. toimpede or obstruct the working thereof~

Of Branoh Bailwaysand Sidings.Minister.may agree 141. The Minister may agree with any person or company desiringfo: workmg.a .bra~ch to construct a .branch railway or siding in connection with any railwayl·allway or sldmg m .. .... d .d' " '. • 'f'" "h .'., .·t·, , . ," , d" ...• i feonnection with rail- constructe uner' thIS Act, ", or t e 'cons ructIon an .maIntenance 0

, way. SO much of such branch or siding as maybe within the liDlitsof therailway, and for the working of suc~ branch or siding in connectionwith the railway" subject however to the following conditioD:S:-,

Conditions. (l.)N0 such agr~ement shall have effect for mor~~'~han tenyears from the date:thereof.. . ..' '.. ' .... . '. .".','

(2.) The partof such branch or siding withiuthelim~~s,of therailway shall bedemned to be a part of the railray, andshall be worked. subject to any. regulations for ,the timebeing in force in respect' to the railway or s11ch. partthereof.

(3.) In default of paym.ent by' such person orcompanyef;anymoneys. payable under such agreem.ent,the· Minist~tma:tat any time close the connection of such branch ol~'~iding

with the railway until such payment is made, and no com..pensation shall be payable to any person whatever for anyloss or danlage arising from the connecti.on being so closed.

(4.) The Minister may~ at any time after giving.threemonths'notice thereof to.the; ·owner or manager of such branch orsiding, close or" remove the connection with the railway;and such owner shallthereupon be entitled to compensation,to be ascertained as provided'by this Act, for, any deprecia..tion in ,the' value of any buildings, machinery, or fixturesconstructed for the service of such branch or siding, arisingout of its disconnection with the railway.

Such compensation shall be' payable only' .out ormoneys appropriated by Parliamellt for the purpose.

.Of the Management of Railways·, open' fop Traffio.No railway to be 142. No part of any railway shall be open for traffic until/theopened for traffic E····'· ' .. .' Oh'··f h· . ·t"d t· ,th··M·: ·t· '. t'h t'h h' .... .' dexcept on certificate ngmeer-ln- '. Ie '. as repor e .0, e ., InlS er ..,a.. e. as lnspecte>~f Engineer. . or has caused to be .. inspected by a competent Engineer the whole of

such part, and all the rolling stock to be used thereon, and that sU~hrailway and rolling stock are in good and efficient repair, and maY'l1~

safely and conveniently used for public traffic thereon.Sites,forrefre~hment .'. .143. The Governor may let, upon such conditions and for' such:~Z:~:b~\:~B tiines as he thinks fit, any part of the land or buildings attached to a

~§;'7.g· 4Qo;c ,MIC'f;(1)RllE.< ':Publio Wb'iolc8:

,2,47

I.'~~lW5l!y£pr, the§~le of refreshments, .books, or.' othe~ articles,'orassit~s'for storing timbe:,cQal, or other material, or the use of the,wall~~f~JlY'suchhuildillgsorofany pa:rt of the .. rolling stock for, the displayof:1d:vertisementsthereon. ."144'. 4111noneys received by way of rents, tolls, fares~ freights, Receipts from rail:

,~ar~iage,fines or penalties, or otherwise accruing from a railway, shall d:~dtF::d?onsoh­pe paid into •• the. Public Account, and, ,except as .hereinafter provided,fOflllpart of the Consolidated Fund. '. . . '. . .' •..'145.The Gpvernor in Council may from time to time makealt~r~y-lawsandr~~ula

Qr .reyokeby-lawsand regulations for the management of railways ;~l~:;:.workmgopen for" traffic, upon the following subjects :-' .- (1.) :forflxing scales of fares and charges for,passengers,'an.imals,

and goods, carried ona railway, or received. on or into, orstored in or .. delivered from any wharf, pier, jetty,. st()!~,

shed,or yard, in connection with a railway; or for demur- .rag-eon the use of any rolling stock; or for the use of anycranes, hoists" or other' machinery for loading and unload­ing of such anil11alsor goods;, Any such by-law may pr0vide th~t the Minister or any

. pers9n duly authorized by him may from time to time altersuch· fares and charges .upon <special 09casions ;

(2.) for .regulating '. the mode in which, and speed at which,engin,esandallother rolling stock on a railway are to bepropelled or moved;

(;:t) ·for.making til11etablesshowing the times of arrival anddepartllre of trains at •stations';' .• . ..'

(4.) 1 for regulating the lo~dingand unloading of carriages andwagons, and theweightsth~ymaycarry!;

(5.) fororderil1,g the .receipt and delivery of goods, and thestoring of the same;. . ,

{6~) forpreyenting the smoking of tobaccQ and committing_, nuisances on railways;

(7.) f.9r.k~eping accounts of all traffic receipts and expenditure". .. on. raihvays; ....' ,'.,. .... . .... ••. .• • '

($.) and generally •forreg:alating the traffic onr~~Iways, andtlleconductofallpersonsemployed on or about the sam'e

,.' or travelling thereon; '. '.. , . .(9.) for regulating. the traffic on road~ and bridges·used, both for

ordinary and railway traffic: .... ", . '.' .'al}-~3iny such. by-law or. regulation may•applY,to .railways generally,<>r to any particular railway or part of a railway. .' '. ." ~146. AILfares and charges, payable under any by-law or reg}lia- Charges may ~e •tipn made under the last preceding .section, maybe recovered by and recovered summarlly.iIl:thenalIle of .the manager of .. the railway, or .of any person duly:au~h()r~~edbrthe Minister in that behalf,.as·an ordinary debt,before:any two Justices of the' Peace.

i !4:7.(~l1Y such by-law may impose a, penalty not exceeding ten By-la'!s may imposepounds for the breach. thereof.. ..' . < .' . '.' penaltles.

148. All by-laws shall be gazetted, and a copy thereof shall be By-laws to .be laidlaid beforeP3;rli~mentwi.thi.n, ten days after its first sitting after the before Parliament.pUblication thereof. • . . . .. '

149. A copy of all by-laws painted or printed in black letters~y:laws to be ~x­()I!-ft white grouJ1d shall. be fixed and .maintained ,in a conspicuous hlblted at statiOns.pla9~.at eyerystation/at'\Vhichtiekets are solcl~.... . .

150. .A.nysuch by-law, published in the,New ZeaIandGovern-By-laws.~nGazette

m.e:nt ·Gazette,.shalL~eev;iden'CeijD,;~UC911rtsof the ,same ha~i:l1g been to be OVloence.dilly Il13ide 'UJl-<le:J;t:he.all.~horityofithis.A.ct. .' .' ', ,., ' _

151. Any such regulation. may' iInpose. a.penalty not· exceeding. Penalties on railway., '. servants.

248 4°0 VICTO,RI.JE.

Public Works.

'No. 5o.~-

Railway Servant'Fund.

~

Railway servantsresponsibfe fordamage.

qnepoundupon any person employed in or about a railway, which may,oy qrder of the Minister, be"recovered by deducting the same from anysalary or emoluments due to the person incurring' such penalty., ' Penalties recovered under this' section' spall be paid'

into an account'in the Public Trust Fund to be called 'the"Railway Servant Fund," and~ay be ,issued ap.d paid in,such manner as the Governor directs to or for the "Qenefitof persons employed on railways.

152. Every person employed on or about a railway shall beresponsible ,for any damage caused by the wrong-doing or neglect of'such person; and the loss occasioned thereby may be deducted byorder of the Minister from any salary or emolument due to such person,.or may he recovered in a sUID;mary way.

As t.o the custod" ". ,153. In respect to the receiving, cll-stody anddeliveripg of goodscarrIage,and dehvery up'on or from 'a railw,ay the fO,llowing'prov"isio,ns shall appl,,y .-of goods. . ' , ', '.' • • •

(1.) All gOQds receIved upon any raIlway shall, subJect to anyby-laws in that, behalf, be deemed to be in th~ custody of"the Minister until delivered to the consignee thereof.

The word "goods" means goods and chattels of'every description; including live animals. I

(2.) The Governor' in Council may; by any by-laws, from. time ,to time declare certain kinds of goods, of an;1tureliable to­injury, or goods over' and above a certain value, to be·special goods; all other goods shall be deemed to beordinary goods. ,

(3.) Every person, be,fore delivering any special goods at anyrailway station, shall first give to the person in charge of'such station a statement in ',writing declaring the nature­and value of such sp~cial goods~ and the perspn so in chargeshall give a receipt for the same, specifying the nature',and value so declared.

(4.) No person, ,unless he has' first delivered such statementand obtained such receipt, .shall be entitled to recover, inrespect to any loss or da:p1age of Ol~ to any such-specialgoods, any greater sum than ten pounds in respect of anysuch parcel in which any such ,special goods are packed,;fifteen pounds per head ip. respect' of any hqrses, eightpounds per head' in respect of any neat cattle,and ;fifteen.shillings per head in respect of any she,ep or swine.

t5:) The, Govern()r may~ "bY -anyoy-laws, from time to .time'declare what. additional,. sum,' over and above the _chargespayable in respect of, ordinary goods, shall be payable inrespect of. special goods in proportion to tlievalue··fu&~'. '

(6.) In respect of all ordinary goods, and, to. the extent of thevalue declared as above provided, in respect of all filpecialgoods" and in respect of all. pass6Ilgerscarried upon anyrailway, the Minister shall -be subject to the same liabili-

. ties and obligations, and shall be entitled to the same rightsand protection,as common· carriers are subject or entitledto by any laws for the time being in forceinNew Zealan.d., '

(7.) The Minister may m~ke special agreements with anypersons- ""

(a.) For insuring any, goods, delivered on a railwayagainst alllossaIid damage from any cause what-soever; "... ,,' ' , " " '

(b.) For insuring "thellinister ag-ainst. all. liability ill.,respect bfany .such loss ana daniag'e ;

1876. 400 VICTORI)E.Public. Works.

24-9

and may increase or diminish. the .charges payable. onsuch goods to the extent fixed by any by-law in thatbehalt .

(8.) Nothing herein shall be interpreted to subject the Ministerto any liability. in respect of any goods which, by anyby-law'made under this Act, are left on the premises of arailway at the risk. of the person 'leaving the same.

(9.) No action shall be brought against the Minister for anyloss or damage of or to any goods in his custody on arailway unless the same is brought within three monthsafter such loss or damage occurs.

{IO.) No such action shalf be commenced until one calendarmonth after a notice in writing is given to the Minister,stating t~e cause of action, theOourtinwhichsuch actionis intended to be brought,and the· name an~ residence ofthe parties about to sue.

(11.) In any such action the defendant may plead a generaldenial of. the allegations contained in the declaration orplaint, and at· the time of settling the issues may proposeany special matter of defence for issue upon such plea, orin any inferior Court may give any special. matter ofdefence in evidence at the trial without notice.

, ..... 154. If any person knowingly and wilfully makes a false state- Penalty for. giving,illel1t as to the n.ature quantity and value of any goods delivered upon false way-bIll.

a railway, in any way-bill or other document which by this .Act, or ~y-any by-law or regulation made thereunder, he is required to deliverin respect" to such goods, he shall be liable to a penalty not exceedingili'ty pounds. . ' '. ,. .' . .

155. Subjectto the provisions of this.Act al1d of the by-laws and ~ubjectt() regula­regulations made thereunder. all persons ,shall be entitled to use any tlOns, all p~rsons

, ".... may use raIlways.;railway upon payment of the fares or. charges. fixed for such use.

156. A list of the fares and charges authorized to be, taken at ~ables offares and'each station on a railway, painted or printed in black letters on a tun~.~ables to be.. '.. .. . .. .... '. '.. .'d·.. exhIbIted at statIons.whIte ground, arid also a tIme taBle, SImIlarly paInte .or prInted, show-ingth~ thnesof. arrival and departure of each train·. at each station,sha;~l be fixed and maintained in a conspicuous place on, a board at>·each station on such railway at which tickets are sold.

157,• .Any person doing any of· the following things,-. Penalties for ~a.ve

(1.). throwinO' stones gravel timber or any rubbish on a rail- offences on ral1ways.o , ,., .' . .way, or at any engine, carriage,. or wagon the,reon,

(2.) causing, or allowing any animal to wander. on a; railwaywhich is fenced in on both sides,

(3.) doing any act whichmayobstr1;lct the working of, arail:­. way, or may endanger the lives of persons travelling

thereon, . . ,(4.) driving or attempting to drive any vehicle or aninl:a1

acrQss a level crossing or elsewhere on'arailway when~n

engine .or any carriages or wagons on the railway,areapproaching and.within a mile from such crossing, '

(5.) moving' any part of the' rolling. stock. on any railwfty, Qrleaving the same on any,. part of a. railway,. not havinglawful authority so.to do, ,

(6.) attempting to do, or counselling or aiding allY othe!per-son in doing, any of the things mentioned in thissection,-'.

'shall be liable to a penalty, not exceeding fifty pounds: But this'section shall not. relieve an.y person from any penalty to whi~h he,may otherwise. be liable for doing any of the said things.

750 40,0 VIOTORlJE.Public. Works.'

No. 50.

I Goods ~ay be sold.for charges in case ofrefusal 00 pay.

Penalties for lesseroffences on railways.

Persons"committingee~tain 'offences maybe arrested.

158. Any person knowingly and wilfully doing any of the follow..ing things on such a railway,-,.' " .

',:" > (I.), defacing the writing on any boards, or any notices author...ized to be maintained on a railway or any station thereof,or any rolling-stock thereon,

(2~) obstructing any officer or s'ervantemployed on a railwayin the performance of his duty,

. (3.) damaging any engine,' carriage, truck, wagon, or otherproperty belonging to, a railw:;ty~. '

(4.) being drunk or behaving in a violent or offensive manner. to the annoyance of others on a railway or.inany carriagethereon,

(5.) travelling.in any carriage not having paid the proper fareand not being duly authorized so to 'travel .without suchpayment, or travelling beyond the station to which suehfare was paid with intent to avoid paying the proper fareor any part thereof, .

(6.) using or attempting to u~ea ticket the time for the properuse of which has expired with, intent to avoid the paymentof a proper fare~ ',' .' , .

(7.) transferring a ticket which has b~en wpollyor'in part usedtoariother' person, "or using such a ticlret. when transferredby another person, .

(8.) travelling in'a different 'c~ass of carriage fro,m, that for''" whi~h the fare was paid"with intent to avoid paYrn.entof

the proper fctre or part,ther~of,

(9.)altering:anyticketwithintenttoav:()idpayingany part ofa proper fare, '

(10.) selling or offering for sale or transferring anyfre,~pass.,ticket; ,

(ll.)stic~ingany placard or bill on any part of the build~.sor fences,.connected ••. with •. a .railwa~, pr". selling or ,att~mpt~­ing to sell any article on any of the premises of a railway,not having theauthority,pfthe Ministerso to do.

(12.) neglecting to shu~. ariy ,.'gate Oi~· slip panel ina raU'!:11fericema~e" to allow the, occupier of the adjacen~ Ian,4:, t()cross the ra~w~rwith horses or ca~tle" \ ,"

(13.), trespassing upon any part of a. railway not being a stationplatform or crossing or ,other part to which the,pu.blic are"allowed access by law, ,

(14.) writing any indec~nt words on any part of a railway orthe premises, thereof,-,, , ':

slJ.allbe liable to a penalty not exceeding ten pounds, and to an addi­tio;qaI S11m equal to the cost> incurred inrepairing any,such damage.

159. If, any personisfbund trespassing upon a railway and refuses:,to leave after being warned by any officer or servant employed thereon,()risdrtinkor behaving in a violent or offensive manner to the annoy;.ance of others on the railway or at any station or platform thereof, Qr­in any c~rriagethereon,or is '. doin~. or attempting to .do, or is coun­sellin~ ,aidin'g: or assisting another person to do,. anything whichmay endanger the lives of persons emJ?loyed ;on or travelling on therailway,itshall be lawful for any constable or any person employed ono~aboutsuch 'railway or carriages, without. warrant orot~erauthority,to arrest and detain the person so offending, and tQ take such personas speedily as conveniently may be before, a Justice of the Peace to­be dealt with,as the law directs; and all persons present shall, whencalled~upon, assist' in making:such arrest. "

160. If any person refuses or ,fails to pay the proper charges forJ

I~76., 4,QOYICTORl~,~

Public' Work~~

2,EI

any goods carried on a railway, or received on, stored in, or deliveredfrom any wharf, pier, jetty, shed, or yard connected therewith, or any.charge, for demurrage, for one month after demand of the same by anyperson duly authorized to collect sUGhcha,rges, any ~uch goods, or incase such goods have been delivered, then any other goods on th~ pre­misesof the railway belonging to, the same person, may" by' order ofthe Minister, be sold; and the proceeds of such sale shall be ,used,first for ,paying ~he said charges and ,the., expenses, of such sale,and the balanGe,if any, shall be paid over to the owner of the~goodssold. ,

161.~ If any such goods are left on the premises of a railway, Goode left withoutand the owner '~hereof, ,or the person, liable for the charges thereon, is owner may be sold.

not known, the Minister may cause it to be publicly notified that suchgoods will be soldllpon a day namedin suc~ notice, not less than onemonth fro;mthe publication thereof; and .if such goods are notr~IUoved and the charges thereon paid before such day, the said goods,may be sold, and the halance, of the proceeds of s1,1ch sale, after payingth~ charges upon such goods, shall he, paid into the Public TrustOffice, andshaU be paid by the Public Trustee to any person estab-lishing a la~ful claim thereto. . ,, 162. No person sh~ll,haveany right to send by a railway any Dangerous good~ notO'oods of a dang'erousnature'and if any person attempts to send by' to be sent J;>y rtnl·o. ' .'. ,":,.' ,'". ' '." ,", .' ,ways.a raIlway, or deposIt~ In any premIses of a raIlway, any box or pacj(agecontaining any such goods, ,or any goods declared by the regulations,·or publicly notified by the" Millister, to be :of a dangerous nature,without distinctly mar~ing the contents on the outside of such box orpackage~ orgivirig' notice ihwriting of the contents to, 'the officer ,incharge of the. station at which such box or p~ckage is left,he shallbe guilty of a misdeIl?-eanour. .

163. The Oolonial Treasurer shall in every month cause to, be Monthly

prepared a monthly Railways Working A.ccount, showing the total Account.

gross receipts accruing from ,each railway OJ; part of"a railway 'as theGovernor directs, and the tot~l expenditure upon the working manage..ment and maintenance of. the same, during the previous month, andshall submit a copy of such account to ,the Corru.nissioners of. A.udit ;anil all such accounts shall be gazetted and shall be laid beforeParliament. ,

164. ,The Governor, on behalf of arid in the name ofRei" Ma- Governor may leasjesty, may .let on lease any po;rtion ~of a railway; with, the rolling stoGk railways.

a:q.d." other appurtenances thereto, belonging, to any" person willing ,to take:and-work.,tlle same, subject to the following conditions :-, , '

(1.) .That such letting shall be by public tender.(2. ) That' the terms ~p.~.,cond.iti()Ils,of such lease sAallb~laid

before' the, G'eneral, Assembly not les~ th~n thirty, claysbe'~():rete]lders i are called,for.z' .

{3~) 1.'hat' ,slich, lease contain, ,cove1}ants for .'maint[tining "therail~~l',a~~;,:~~~rything, demised ••,therewith t~ gQod:1udsUfiiQi~~tre:pair,and so leaving, it, and them at the con-clusioIIor prior determination ofthe lease., '

<4.) That the 'lessee use the railway su,.bject to the provisions ,of, this A~t and to, the regulations made thereunder for the:

management of railways.', (5.) That the lessee, find good,aIl:d sufficient security for the

due performance of the conditions of the lease, to suchamount as iheGovernor directs.

25 2 40 0 VICTORllE.Public Works.

PART VII.

NO~50

D~inagemapof·county.Datum plane.

OF DRAINAGE.

Defh;titionof"drain" 165. The word "drain" in this Act includes every' passageand ttpublic drain." or channel on or under ground through which water flows, except a

navigable river.Any such drain. made by the Government or by any Public

:Board or Commissioners before the passing of this Act, or made ordeclared to be a public drain under this Act, or macle upon, above, ,orunder any road· or other land vested in the Crown; and every naturalwatercourse, stream, and river not navigable, is a public drain withinthe meaning of this Act. '",

Public drains under ,166. All public drains shall, except as herein provided, betheco~trolofCounty under the control of, and shall be constructed and kept in repair by,Couucil. the Council of the county in which they are.Christchurch District , 167. Nothingin this Act shall be deemed to repeal or alter anyDrainage Act, saving Or the provisions of "The Ohristchurch District Drainage Act,. 1875,",dause. or to authorize any interference by any County Council with . any

drains or other works under the control of the :Board constituted bythe said Act without the consent of such Board.

Minister'may m~ke 168. The Minister may construct Government drains throughGovernment drams. any lands within the colony; and the .Governor may by Order in

Council declare any drain within. -the colony to 'be a Government,. drain, and may by Order in Council revoke. any such former.Order:,and may declare that any drain shall cease to be a Government drain~

In case o! Gov~r~. 169. All the powers and liabilities given to or imposed; uponment drams, 1'v.bmster County Councils by· this Part of this Act shall in respect of Governmentto have powers of ". .' .'.' "'.. , . • .' .County Council. draInS, be exercIsed by and Imposed upon the MInIster, and the powers

and liabilities of the County' Council in respect thereof shall cease.County Council may 170. The County Council may from time to time, by anorderliac'a ~aindunder P"ilblicly. notified, place any public drains specified therein under the

oa oar. control of the Road Board of the district in which they are ; and theRoad. Board shall' in respect of, such drains have all the .powers andbe su,bject to all, the liabilitie~hereingiven to or imposed upon CountyCouncils in respect of' the construction and repair of public drains;and the County Council may revoke any such order. '

Road Board Dlay I'll.. If a Road :Board desires to drain any' of the lands withinsub~it plans for a road district such Board may cause p'lans to be prepared showing'drams to the County . . • '. '. • .' .Council. theco,urse, dImenSIOnS, and levels of the draln proposed to be' made,

and may lay the . same before the County Coun9iI, who may approvethereof with such modifications as may be agreed ,on between suchCouncil and Board.

RoadBo~rcl ~ay, ,. 172. The Road Board may cause such drain to be constructed;'~~::b;nC~~:r; in accordance with th~ plan~ so approved, and the said drain, shall l;>eCouncil. deemed to be. a publIc draIn placed under the control of the Ro~d

130ard under. the one hundred and, seventieth section of this Act.. 173. Ever'yCounty Counc..il shall as soon as conveniently may

be after the passing of this Act cause to be 'prepared a drainage map of, the county, on which shall be shown all the public drains within thecount.y, with the levels and gradients thereof, referred to a datum planethirty feet below the average level of the sea.

Datum.plane. to be. . 174. The datum planeshaU beflxed by the Engineer-in-Chief;:fix~d by Engmeer-m- and any. errors or omissions in any' .drainage map' shall from time toChIef.. • '. . .

tIme be altered or supplIed in such manner as the'Engineer-in-,Chiefdirects.

Drainage.mapt? be 175. The drainage map shall be open forpubIic inspection at all<open fOrlnSpectlon. reasonable hours at the office of the County Council; and any person

1876•.

40 ?VIC.TORIJE.

PubliiJ Works.

~53

p.nder the authority of the Minister or any Road Board within thecounty may cause a copy to be m~deof ~ny part of such map.

. 176. Subject to ttte conditions and restrictions herein con- Powers of Countytained, the County Council shall have the power to do the following Council to drain.things for the drainage of the county:-

(1.) To make surveys on any lands.(2.) To take any land under the provisions of this, A.ct required'

for the purposes of thisPCl,rt of this Act.(B.) rro make new public drains through, above, or under any

lands.(4.) To make a. public drain under any road, and for, such pur.,

pose to cut through such road and alter the level thereof,and temporarily to stop the traffic thereon.

(5.) To take any existing drain and declare the same to be apublic drain. . .

(6.) To erect banks and dams on anylandwor on any drain as aprotection against 'water, and to make sluices .therein.

(7~) To impound, divert, or take water from any public drain.(8.) To keep all drains clean and in,good .. repair, and' to :r;emove

all·obstru.ctions to the flow of water therein.(9.) To widen, deepep, straighten, or otherwise alter the course

or level of. any drain. '(10.)'r0 enter ~ponanylands,. ~nd take th~r~from stone.or

other materIal for constructIng or' repaIrIng any draIn,bank, or dam.

(II;) Tq make and use temporary roads through any lands forsuch.construction or repair. . '

(12.) To place 'any soil or rubbish removed from any drain.uponany land adjacent thereto. . .

(13.) To inspect a~y private dam, weir, and mill-race, and. toopen or close any sluice or flood-:gate for the purpose ofsUGh inspection.,

(14.) To' make and. maintain. all such works and machinery ofwhat· kind soever, and generally to do all such things' asmay, be necessary for the efficient drainage of the landsandhouse~withinthe county.

177. If for theefficient drainage of any or the lands of aeounty Whereadrainmn.a public drain is required to run through two or more counties, the th~o?gh two counties1lr" ··t ',' "th" l' 'to f th etC '1 f 'th f MlDlster to constrllCt..l.uIIDS er may, upon ,eapp Ica Ion 0 . e oun y ouncI 0 eI. er 0, it.. 'such counties, caus~ plans to be prepared showing. the course, dimen-sions, and levels of the proposed drain, and may, after submitting such,plans to the said County Councils, and duly considering such reports,objectiohs~ or suggestions as either of themm.ay make thereon, altersuch.plans ,and.fillally settle ,the same as· he thinks fit, and· may causethe said drain t'oneconstructed. in .• accQrdance therewith." ' .

178. The Costof constructing" and repairing. such a drain shall Cost to be recovered"be divided' amongst and charO'ed up.on the counties throuO'hwhich it from t~eC~unt!

• ' '. " " , .' b. , • .' "" . • b , ' Councils.runs In' proportIon to the benefit accruIng, to each county from thedrainage,of, the lands therein. And the"Minister. shall fix the' shareso calculated to be paid' by each county, and may recover the samefrom ·,the County. Council. , .

179'. If any such drain is, constructed or repaired in part out If anymoney pro­

of moneys appropriated by Parliament the halanceonly of the cost vided by Parliament", . ". '" '., " ',onlybalanceof costthereof shall be charged on the countIes as prOVIded by the las~to be recovered.section. .

180. 'If any person wilfully and maliciously destroys or daJ1lages' Penalties for destroy­ant pub~ic draju,or any hank or dam or other<work made under ing drains.the authority of this Part of this Act, such person shall be' guiltyofa '.

254- 4-6° VICTORllE.~:1

No. 50.

'7?t/J;bl'ioWo'rks.

misdemeanour,and shall be liable on conviction to' a penalty note;­ceedingfive hundred pounds; or" at the" discretion of the Court

'inflicting the same, to be imprisoned with or without 'hard' labour forany term not exceeding three ye~rs.

Plans to be made.

Justices to hearevidence.

Justices to a.SSCSlJ

oompensation.

Costs to be paid by~pplicant.

Powers of Private; Owners if! 'procure Outfall.Any pel'son maydl'ain " 181. Any person having an interest inlands which require to~i~ !and through ad· be' drained, but have no communication readily available with a publicJommg land. drain except through lands belonging to another owner, hereinafter

called "adjoining lands," may drain his land through such adjoininglands; subject to the following conditions :-,'

182. He shall cause a description ,to be prepared of., any newdrain, or of any alteration in any existing drain" not being a public

. drain; which he' desires to make upon such adjoining land, togetherwith 'a plan showing the course, dimensions, and levels of suchdrainage works.

Notice to be given to/' ,leS. He shall give notice in writing to the owner, and, where theadjoining owner. owner is not the. occupier, also, to' the occupier of, such,adjoining, lands,

,that he desires such. drainage works to be, made; and shall append tosuch notice a copy of the description and plan above mention~d.

Application to be ',184.' After' giving such n.otice 'he shall make an application inmad~ to R~sidentwriting to the nearest Resident Magistrate's Oourt for an order to

'Magistrates Court. "'k h d . ' k'd h 11 ," d t 'h '1· t· th' ma esuc r.alnagewor s, an s a appen '0 suc app lca Ion 'edescription<andplanaforesaid;and he shall state in such notice thenames and addresses of the owner and occupier of such adjoininglands, and of all persons whom he believes to have any .interesttherein. ,

Justice m3Y summon ~85. Upon the receipt of s~ch:;tpplicationanyJustice maypart~es before two 'issue summons requiring the applicant, :;tnd the owner and occupier ofJustices. such adjoining lands, and, all persons so stated to' have any interest

therein, to appear "before' twoJustices' at a time"named in such sum­,mons,beingnot less than ten days nor~6rethan thirty days afterthe 'issue thereof.

186. The said Justices, having before them the parties so sum·Irloned,or, in the absence of any of them, upon proof of the serviceof" summons, 'shall make full inquiry into the case, and hear all suchevidence ,as any of tlreparties or theJusticesmay require.

COl;1ditions ~nder 187. Before making any order the Justices shall' satisfy them- .which Justlcea may 'selves '_' ' . ' .make order. '" ' , ., ", " ", '

(a.) That the proposed drainage works are necessary for thedrainage, of the applicant's land. "

(b.) ,"That such land may be drained in' them~nri.er"proposy~with the least possible inconvenience or injury to anyadjoining lands. , .

(c.) That no injury will be done thereby to any parties forwhich compensation,maynot be made in money. .

Justices may alter ,,',', 188. The Justices may" with the consent of the applicant" makeplans. . such alterations in the said description and plans as ,they think fit,a:p.d

shall finally settle, the' same, and may by writing under their handsorder the proposed drainage works ,to be made, in accordance with thedescription and plan so settled. And the applicant may proceed withsuch works. accordingly.

189. The Justices shall assess the compensation to be paid bythe applicant to all persons having aninterest in such adjoining ~ands,

andallsuchcolllpensa~ionshall be paid into Court. , ' ..190. All costs relating to the inquiry shall be paid by the

applicant, and shall be, determined by the Justices.•

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255

191., The said ordef of the ,Justices shall not be issued, or have No order to issue tillany operation whatev+er, until all th~, compensation awarded and all compen~dtionandcosts have been paid. ' " "'.~.''''"".~ costs pal.

192. If the owner of the adjoining lands is under anyIegaL dis- I£o~ner of adjoiningability by which he would be incapable of selling or conveying the lap<1~underdisabi1~ty

. b t f th I' , t f~ d . . b or apsent, order tosame, '9f IS a sen rom e co ony, or canno a lier ne InqUIry ,e be m~de only onfound, the Justices shall not make any order in the case except upon evidence of two

th 'd f' t t ' 't"h 't 'th " d d '. surveyors." e 'eVI ence 0' two compeen surveyors J, a epropose'" raInageworks are necessary, 3Jnd are the least injurious to the adjoining landwhich can be made for the drainage of the applicant's land.

193. If any person interested in such adjoining lands is dissatisfied Any person dissatis­

w,ith t,he comp~nsation awarded by the Justices, he may within ten days ficed may at~pealct°rt

f h 'd d' h ' ,d ,,' 'f" h '" ' ompensa lOn, OU •a ter suc awar ,an If e has not accepteany part a ,t e compen-~ation thereunder, claim compensation in the manner provided by theThird Part of this Act; and in such proceeding the applicant shallbe deemed to be respondent in such Third Part mentioned. But, thecla.imant shall pay aU the costs pertaining to the inquiry by the Com-pensation Court, unless the amount awarded by the said Court exceedsthat awarded by the Justices.

194. 'Any person, not having received compensation asab~ve Anypersoninterestedprovided, shall be entitled to compensation for any injury he may ~ay cl!1i~ compenea-

t . , b 'th' k',. f th' 'd d' ' k t b ' t' d'· tlOn wlthm a year.sus ain y e ma Ing 0, e sal raInage wor 's, 0 e ascer aIne ,Inthe manner provided by the ,Third Part of,' this Act;, and in suchproceedings the applicant shall be deemed to be the respondent insuch Third Part mentioned. But no 'such clahn shall be heardunless made 'Yithin twelve months after the completion of the saiddrainage works. " ,

195. The applicant. shall, before commencing any such works, Order of Justiees ~ndcause a copy of the order together' with the' description and plan above plans t? be deposIted

.' , ' .• ' ' , " , ,' ,,' • . '. m RegIstry.mentIoned, certIfied under the hands of the JustIces makIng and ,settling the same, to be deposited in the office of the Registrar ofDeeds for the district, who shall upon the payment of a fee of tenshillings file the 'same in his office., 196. The owners and occupiers for the, time being of the lands Drainsmaybe

drai,n,ed b,y'" su,ch ,dra.in,age, ,w,orks ma,y for ever thereafte,l' afte"rgiving clea:ned

by owners of" .', • '• ' '. • • ' , dramed lands, or bytwenty~four hours notIce to the occupIer of the saId adjOInIng lands, occupier o~adjoiningenter thereon to, repair or clean such drains. And if such, drains are lands at his expense.

not kept clean andin good repair, the owner or occupier for the timebeing of such adjoining lands may, after giving forty-eight hours'notice thereof to the owner or' occupier of the lands drained, clean orrepair the said drains, and may recover the expense incurred therebyfrom the owner or occupier of the lands drained.

197. The owner for the time being of the adjoining lands may Owner of adjoiningdivert or alter any of ',' the said' drainage works upon condition that lan~s may dIvert

f • ' • drams.such works shall be equally efficIent as before such alteratIon; and anydispute as to the efficiency of the drains so altered shall be decided byany two Justices.

198. The word" owner" in this Part of this A.ct shall be taken to MeaningofUowner."

mean the person for the time being entitled to the rents and profits ofthe land. '

PART VIII.OF THE SUPPLY OF WATER FOR GOLD FIELDS.

199. The term ~'water race "means the land occupied by any Meaning of Hwaterchannel, natural or artificial, for the supply of water, or by any sludge race.'" ,channel or drain for removing the wash or' refuse matter from gold 'mining claims,proclaimed to be a water race under this Part of this

256 40° VICTORIJE.Publio Works.

No. 50.

Water-races:vested inthe Crown.

GQvernor may pro­claim water-races,and take any streamto supply water­race.

Act, and includes all dams, sluices, reservoir~, and other waterworks,and all buildings and machinery upon the land and within the limitsso proclaimed.~, 200. The Governor may, by Proclamation publicly notified andgazetted, declare any land therein specified, bei:n,g within a proclaimedgold field, to be, a water-race, and may declare any stream thereinspecified to be taken for the purpose of supplying a water-race. ,

Map to be deposited 201. The Minister shall cause a map of such water-race to bein Warden's Court. deposited in the Warden's Court of the district in which such land is,

and such map shall be referred to in, and shall form part of, any suchProclamation,

Governor may alter ~*.( 202. The Governor may by a similar Proclamation, at any timethetcourse of any during the construction of such wat,er-race,' revoke ,any former Pro-wa er-race. '.

clamatlon or part thereof, and alter the course of such water-race ashe thinks fit.

On unsur,:eyed land, ,: 203. Where such water-race is proposed to be constructed over~roclamatlOn to be lands not survey'ed it shall be sufficient that such Proclamation andIn general terms, but , 0.'line to be pegged out. map descrIbe In general terms, but as nearly as may be, the course

and limitsof the water-race; but where it is proposed that the water­race shall pass through lands held or occupied, or contracted to be heldor occupied, under grant, lease, or license from the Crown, the middleline of such water-race shall be marked out by pegs driven into theground at a distance, wherever the nature of the ground admits, of notmore than one chain frOm each other; and the said Proclamation shalldescribe the course of such water-race over sucli lands by reference tothe middle line so marked out.

204. All water-races constructed under this Act shall, except asherein otherwise provided, be vested in Her Majesty.

Certain water-races 205. The several water-races mentioned in the Fifth Scheduledeemed ~o be made shall be deemed to have been made, and, in so far as any of them areunder thIS Act. fi . h 'd bIt d d th 0 0 f thO AFifth Schedule. un nlS e "may e comp e e , un er e prOVISIons 0 IS ct.Powers of Minister to 206. For the purposes of this Part of this Act the Minister mayconstruct water-races. do the following things :-

(1.) May make surveys upon any lands:(2.) May make a water-race upon, over, or under any land

within the limits defined in a Proclamation as aforesaid:(3.) May make such water-race over or under any road or

through any public reserve within such limits:(4.) May alter the course or level of any road for such purpose

within or beyond such limits:(5.) May make the water-race across any streaIll or river, but

so "as not to impede the navigation upon any navigableriver excep~ under the provisions of a special Act:

(6.) May alter the course or level of any such'stream or river,or of any ditch or drain:

(7.) May take, impound, or divert the water from any streamspecified in a Proclamation as aforesaid.

(8.) May make dams, sluices, reservoirs, or other waterworksin any such stream, whether within or without the limitsof such water-race:

(9.) May enter upon any lands and take therefrom any materialsrequired for the construction or repair ofa water-race:

(10.) May construct all works, buildings, and machinery, ofevery description and material, and generally may do allthings necessary for the construction, repair, maintenance,and use of any water-race.

Water-rac.essubject 207. The construction, maintenance, and use of every water­i~t~~~~ Flelds Regu. race made under this Act shall be s1;lbject to the laws and regulations

1876. 40° VICTORllE.Public Works.

257

affecting water-races, .aqueducts, dams, or re~ervoirsfor the time beingin force' on the gold field in which such water race is.

208. The Minister may from time to time, by gazetting and Minister may makepublicly notifying the same, make, alter, and repeal regulations pre- ,regulations for using

scribing the terms and conditions upon which any water-race may be water-races.

used, and prescribing the rates and charges to be paid for water sup-plied or for the drainage of gold mining claims.

All such rates and charges may be recovered by andin the name of any person duly authorized by theMinister in that behalf as an ordinary debt .before anytwo Justices of the Peace.

209. It shall not be lawful for any person to take or divert any Penalty for takingwater in, or supp·lying or flowing into, a stream declared in a Proclama- wla~er fdromtPl'O-

• ..• ' c alme wa er·racetion as aforesaId to be taken for the supply of a water-race; and any or stream.

person doing or causing to .be done any act whereby the water in anysuch stream is drawn off or diminished in quantity, and refusing orneglecting, when so required by the Minister or any person authorizedby him, to restore the waters of such stream to the state in which theywere before the said Act, shall be liable to .a penalty of not more thanfive pounds for every day during which the supply of such water is sodrawn off or diminished; and if such person refuses or neglects so torestore the waters of such stream after receiving notice from theMinister or·any person authorized by him to do so, the Minister may,at any time after one week from the serving of such notice, execute allworks necessa~y so to restore the said. waters, and may recover fromsuch person the whole cost of such works, together with the amount ofany damage sustained by reason of the taking or diverting of such water.

210. If any person wilfully or maliciously destroys or does any Penaltyfordamagingdamage to a water-race, he shall be liable to a penalty of not more than water-race.

one hundred pounds, and in addition to pay the whole cost of restoringsuch damage.

211. If any person unlawfully obtains water from a water race, Penalty for ~singor uses any sludge channel or drain without payment 0.,f the lawful wat~r-race WIthout. paymg charges.charges, or in other manner than as provided by the above-mentionedregulations, he shall be liable to a penalty of not more than fiftypounds.

212. The Governor, in the name and on behalf of Her Majesty, Governor may leasemay demise and lease any water-race to any person willing to work the water-race.

same, subject to the condition.that such water-race shallb~ kept anddelivered up at the end of the lease in good and substantial repair; andall the, real and personal property included in any such lease shall,during the contiJiuance thereof, and subject to the conditions thereof,be vested in the lessee.

213. The Governor may contract with any person to make, Governor ma;r con-. t . d·? k t ., tract for makmgmaIn aIn, an "Wor a wa er-race- water-race on certain

(1.) Either by agreeing to pay the contractor a subsidy not conditions.

exceeding the amount agreed to beexpended, and expended,by. the contractor in the construction of such water race:

(2.) Or, I by agreeing to pay to the contractor year by year suchsum as shall, together with the net profits of working thewater race, make up six per cent. yearly upon the amountagreed to be expended, and expended, in the constructionthereof:' .

And every such contract shall contain a condition for the purchase,whenever the Governor thinks fit, of t,he interest of the contractor inthe water race, upon terms to be specified in such agreement. .

214. A water-race constructed under the last pre'ceding section Such water-race to be

shall be deemed to be a water-race made under this Act; but so long ::~::t~~o~~;~~t~;s.. ' . ~

25 8 40° VICTORIJE~

PubliC Works.

No. 50.

as it continues to be 'worked by the 'coritractoI'under and subject tothe conditions of any such agreement, the property therein shall vestin the contraGtor~ ,

Moneys accruing " , 215. All moneys accruing from water-races constructed underfrom wat~r-raoeBto this Act shall be paid into the Public Account, and form part of thebeConsohdatedFund C l'd t d F 'donso 1 'a e un ~

Moneys paya?le to be 216. All moneys payable under any agreement made under thisvoted1)yParliament. Part of this Act shall be paid out of moneys appropriated by Parlia-

ment for the purpose.

Of the Transfer of Water-races toOounties.Governor may trans- 217. The Governor may, by .Proclamation publicly notified andfer w~ter-races to gazetted, declare' any water-race to be vested in the Corporation of theoountles·t " \h' h 'h" t " - 'd if 't l' . tcoun y In w 10 SUC ,wa er-race IS ; ,an, I les In woor more

counties, to be vested either jointly in the Corporation of suchcounties or wholly in the Corporation of such dne as the Governorthinks fit; and from and after a day to be named in such Procla­mation the water-race therein mentioned shall cease to be vested inHer .Majesty, and shall become vested as in such Proclamation setforth.

Powers&c.thereupon 218. The Council or joint Councils of the county or counties into TeB~ in County which any such water-race is so vested shall, in, respect of such water-Counells. race, have and be subject to all the rights powers obligations and

liabilities which the' Governor or the Minister has or is subject tounder the provisions of this Act in respect of the same.

County Councils to 219. Every water-race so vested in any county. or couuties shallkeep. water-races in be kept in good repair by and at the expense of the Councilor CouncilsrepaIr, of such county or counties; and if not so kept in good repair to the satis-

faction of the Minister, the 'Governor may from time to time cause thesame to b~ repaired out of any moneys payable to such county or'counties under" The Financial Arrangements Act, ·1876,"

County Council may 220. The Council of any county, or the Councils of any two ormake. new water- more counties, jointly may make any new water.race therein, and forraces. such purpose shall have all the powers which may be exercised by the

Minister under this Part of this Act in respect of' water-races. Andall such water-races shall be deemed to be vested in the Corporation ofthe county, or Corporations of the counties, as the case may be.

Revenue of water· 221. All moneys accruing from any water-race vested in araces to be paid to County Council shall be paid into and form parts of the County FundCounty Fund, instead of into the Consolidated Fund.

Where a water-race is vested jointly in two or more counties,.such moneys shall be divided between the County Funds ofsuch counties in such proportion as the several CountyCouncils agree on, or, if they cannot agree, then in suchproportion as the Governor determines.

Governor may vary 222. Whenever, under any of the Acts hereby repealed, or anythe security for regulations made thereunder, any moneys shall have been advancedadvances to water- .f!. th' f t t· 'd" th '. fraces, lOr e purpose 0 ' cons ruc lng or al lng In e constructIon 0 water-

works on gold fields, and for the repayment of which security shallhave been taken, as by the said Acts and regulations provided, it shallbe lawful for the Governor, on lJehalf of Her Majesty, to agree with theowner of such waterworks, or with any other person '. or persons, thatthe rights and powers and remedies given by, any such security shallbe postponed for such. period and on such terms as the Governorthinks fit.

It may be part of any such agreement .that the said security shall,.in respect of such owners or persons, rank as a subsequentencum­brance, and be postponed accordingly.

181"'6. 4'?'O VI:OT,ORIlE.Publie',Works.

SOHEDULES.

259

FIRST SCHEDULE.

LIST OF ACTs AND ORDINANCES REPEALED.I

(1.) Ordinances of the Legislative Council.The Public Roads and Works Ordinance, 1845.County Roads Ordinance· (New.Munster), 1849.

(2.) Acts of .. th~ G~neral Assembly.The Highways aridWatercourses Diversion Act, 1858'.The Lyttelton and Christchurch Railway Act, 1860.The Bluff Harbour andlnvercargill Railway and Extension Act, 1863.The Auckland and Drury Railway Act, 1863.FJ.'he Land Clauses Consolidation Act, 1863.-So far only ,as relates to ~ any pro.

ceedings by the General Government or any County Councilor. Road Board.The Provincial Compulsory Land Taking Act, 1863.The Provincial Council Powers ExtensjoIl- Act, 1863.The Canterbury Great Southern Railway Act, 1864.The Canterbury Great Northern B,ailway Act, 1864.The Public Works Land Act, 186'4.The Picton and Blenheim Railway Act, 1865.The Provincial Council Powers Extension Act, 1865.The Railway Offences Act, 1865.The Otago Southern Trunk Railway Act, 1866.The Provincial Compulsory Land Taking Act, 1866:The Land Clauses Consolidation Act Amendment Act, 1866.-So far only at\\

relates to any ptoceedings by the General Government, or any County Councilor Road Board.

The Otago Southern Trunk Railway Amendment Act, 1861.The Auckland and Drury Railway Act, 1867.The Nelson and Cobden Railway Act, 1868.The Nelson and Cobden Eailway Act Amendment Act, 1869.The Railways Act, 1869.The Immigration and Public Works Act, 1870.The Railways Act, 1870.The Canterbury Gauge Act, .1870.The Canterbury GreatN01'tl1ern Railway Act, 1870.The Dunedin and Port Chalmers Railway Act, 1871.The Immigration and Public Works Act Amendment Act, 1871.The Railways Act, 1871.The Railways Act, 1872.The Immigration and Public Works Act, 1872. . . . .The Land Clauses Consolidation Act Amendment Act, 1872.~SO far only as

relates to any proceedings by the General Governm.ent, or anyColinty Councilor Road Board.

The North Otago District Public Works Loan Act, 1$72.rllie Washdyke and Pleasant Point Railway Act, 1873.The Green Island Branch Railway Act, 1873.The Immigration and Public Works Act, 1873.rrhe Railways Act, 1873.-Except section nineteen.The Immigration and Public Works Act, 1874.'I.'he Railways Act, 1874.'-Except the sixth and seventh sections.The Immigration and Public Works Act, 1875':'-Except the sections from

the 23rd to the 28thinclusive, and the. preamble to the said sections, andexcept that the thirteenth, fourteenth, and fifteenth sections shaH be in forceuntil the thirty-first day of December, 1876, but no longer.

The Wellington Toll Gates ActJ 1875. .

(3.)' Acts of the Province of Auckland. 'l.'he Local Improvement Act, 1858.The Diversion ofRoads Act, 1863.The Regulation of Ferries Act, 1863.The Telegraph Protection Act, 1863.

260 400 VICTORIJE.Publia Work8.

No. 50.

t

The Weeds and Watercourses Act, 1866.The Turnpike Act, 1866.The Railway Act, 1866.The Turnpike Act 1866 Amendment Act, 1866.The Toll Exemption Act, 1866.

(4.) Ordinances of the Province of Taranaki.The Ferries Ordinance, 1855.The New Roads Ordinance, 1862.The Turnpike Ordinance, 1868.The Turnpike Ordinance 1868 Amendment Ordinance, 1870.

(5.) Acts of the Province of Wellington.

The Ferries Act, 1854.The Main Roads. Act, 1856.The Traffic on Highways Act, 1862.The ;Drainage Act, 1863.The 'Toll Gates Act, 1871.The Tramways Act, 1871.The Toll Gates Act l871 Amendment Act, 1872.The Toll Gates Act 1871 Amendment Act, 1873.

(6.) Acts of the Province of Hawke's Bay.

The, Ferries Ordinance, 1854.The Hawke's Bay Drainage Ac~, 1865.The Toll Gate Act, 1867.The Meanee Toll Gate Act, 1872.The Port Ahuriri Bridge Act, 1872.The Port Ahuriri Bridge Act Amendment Act, 1874.

(7.) Acts and Ordinances of the Province oj Nelson.The Protection of Roads Act, 1864.The Alteration of Roads Ordinance, 1854.The Bridle Road Protection Act, 1860.The Westport, Charleston, and Brighton Railway Act, 1867•

. The Highways Act, 1871.The Tolls Act, 1875.

(8.) Acts of the Province of Marlboroug!t.

The Alteration of Roads Act, 1863.The Wairau Bridge Act,J870.

(9.) Ordinances of the Province oj Canterbury.The Diversion of Roads Ordinance, Sess. XI., No.3.The Electric,Telegraph Ordinance, 1862.The Heathcote Bridge Ordinance, 1862.The Kaiapoi Bridge Ordinance, 1863.The Waimakariri Bridge Ordinance, 1863.The Ashley Bridge Ordinance, 1866.The Kaiapoi Bridge Ordinance, 1868.The Rakaia Bridge Ordinance, 1868.The Rangitata, Opihi, and Temuka Bridges Tolls Ordinance, 1869.The District Roads Compulsory Land Taking Ordinance, 1873.The Railway Tolls and Management Ordinance, '1875.

(10.) Ordinances of the Province of Westland.The Westland Ferries Ordinance, ~875.

The Westland Toll Gates Ordinance, 1875.

(11.) Ordinances of the Province oj Otago.The Ferries Ordinance, 1854.The Ferries Ordinance, 1856.The Electric Telegraph Ordinance, 1862.The Bridges Orqinance, 1864.

1876. 40 r:;r> VICTORIJE. 261

Publia Works.

The Bridges Ordinance Amendment Ordinance, 1865.The Turnpikes Ordinance, 1866.-The Turnpikes Ordinance 18p6 Amendment Ordinance, 1867.The Dunedin and Port Chalmers Railway Lands Compulsory Taking Ordinance,

1870.The Ferries Ordinance 1862 Amendment Ordinance, 1873.The Outram and Greytown Railway Ordinance, 1875.·The Southland Railways Ordinance, 1875.The Dunedin and Peninsular Railway Ordinance, 1875.The Turnpike Ordinance 1866 Amendment.Ordinance, 1875.

(12.) Ordinances of the Province of Southland.The Ferries Ordinance, 1862.The Electric Telegraph Ordinance, 1863.The Oreti Railway Ordinance, 1863.The Tolls Ordinance, 1866.The Oreti Railway Leasing Ordinance, 1866.The Bluff Harbour and Invercargill Railway Ordinances, 1866.

SECOND SCHEDULE.

FORM OF CLAIM TO COMPENSATION WHERE LANDS ARE TAKEN.

\.

18 •day of - A.B.,' Claimant.

, this

(Under the Authority of." The Public Works Act, 1876.")

To the Honorable the Minister for PuJ>lic Works [or the County Council ofor the Road Board of ].

WHEREAS by a Proclamation· by> His Excellency the Governor of New Zealand, datedthe day of 18 ,the lands specified below were taken for the purposeof [naming the public work], and were vested in Her Majesty, and I have an interestin such land as [Here state in full the nature of the interest]: And whereas certainlands adjacent to the land so taken in which I have an interest as [Here state in fu?l thenature oj the interest in such adjoining lands] will be injuriously affected by the saidwork by reason that [Here state the nature of the injury] :

This is to give notice that I claim the sum of £ as compensation for allloss and damage done to me arising out of the taking of the said land [or the con­struction of the said public work].

Given under my hand at

Description of lands taken:, Description) of lands injuriously affected:

FORM OF CLAIM: TO COMPENSATION FOR DAMAGE DONE WHERE NO LAND IS TAKEN.

(Under the Authority of" The Public Works Act, 1876.")

"To the Honorable the Minister for Public Works [or the County Council ofor the Road Board of ].

WHEREAS certain public works, that is to say [Describe the work], have been [or areabout to be] executed by your authority, by which certain lands described below, inwhich I have an interest as [Here state infull the nature of the interest], havE\ been [orwill be] injuriously affected by the said works, by reason that [Here state the nature

,qf theil1,jur',1J] : .This is to give notice that I claim the sum of £ as compensation for aU

loss and damage done to me arising out of the construction of the said work.Given under my hand at , this day of 18 . 1

. A.B., Claiman1.Descripfion of lands injuriously affected:

THIRD SCHEDULE.

FORM OF NOTICE REQUI~ING CLAIM TO BE HEARD IN COMPENSATION COURT.

(Under the Authority of the Public Works Act, 1876.")

To the Registrar [or Deputy Registrar] of the Supreme Court at [orClerk to the Resident Magistrate~s Court at ].

WHEREAS a certain claim for compensation for the amount of [Name the sum] in respectof certain lands taken [or in respect to certain lands injuriously affected] in which I

262 40° VICTORIlE. No.. 5,0.

PuoliaWQrks.

,18 .A.B., Claimant.

day of

have an interest, a copy of which claim is attached hereto, was made by me on the. day of 18 upon, and was duly served, as by the said Act required,

upon [the Minister,.County Council, ·or .Road Board], and the said [¥illister,C@untyCouncil, or Road Board] hasrefused to ,admit the said claim [or has ma,de mean offerof (Name the sum) in lieu of the said claim, which I do not accept] : '

This is to give notice that I hereby require the said claim to be heard bya Com~

pensation Court, as by ,the said Act provided: and I hereby appointC.D. of M.N. tobe an Assessor· of the said Court. And.' I append hereto the consent and declarationof the saidC.D. ashy the said Act required.

Given under my hand at , this

Enclosures :-1. Copy of. claim, on one of the forms in the Second Schedule.'2. Assent of Assessor to act, in the form provided in the fortY~p'rst section of the

A~ , ,

FOURTH SCHEDULE.

RAILWAYS AUTHORIZED TO :BE CONSTRUCTED.

From the Kawakawa Coal Mine to the shipping place.From Kaipara through Riverhead to Auc,kland.From Auckland to Punia, passing by Dru.ry, Mercer, and Newcastle, with a branch from

the main line to Onehunga.From NewPlymouth to Waitara.From Napier toa junction with the railway from New Plymouth to Waitara, at Sentry

Hill, pai:l.i>ino.; by Pakipaki, Waipawa, Waipukurau, Takapau, the Manawatu Gorge,Bunnythorpe, and Wanganui, with a branch from the main line at Bunnythorpe toFoxton through Palmerston.

From Wellington to a junction with the railway from Napier to Sentry Hill at a pointnear the Manawatu Gorge,passingthrough the Hutt, Featherston, and Masterton.

From Nelson to. F.oxhill.From Picton·to Blenheim.From Greymouth to Brunnerton.From Westport to the N gakawau River.From Amberley to the Bluff, passing by Rangiora, Kaiapoi, Christchurch, Ashburton,

Timaru, Oamaru, Palmerston, Port Chalmers, Dunedin, Balclutha, and Invercargill,with branches. from the main line as follows :-

From Rangiora to Oxford.From Kaiapoi to Eyreton.From Christchurch to Lyttelton.From the Racecourse to Southbridge.}"rom Rolleston to Sheffield, with a branch to the White Cliffs.~From the Washdyke to Opawa.From the main line to Waimate.From Awamoko to Marewhenua.From the main line through the 'Waireka Valley.From the main line to Moeraki.From Sawyers' Bay to Port Ohalmers.From the main line to the Green Island Coalpits.}'rom Mosgiel to Outrani.From Charlesville (Tokomairiro) to Lawrence.

From Invercargill to Kingston,with a branch from the ntain line through Riverton toOrepuki, and a branch. from Riverton to Otautau.

/

FIFl'H SCHEDULE.

LIST OF WATER-RACES AUTHORIZED.

Water-races constructed by the Government.4. Mount Ida.5. Waipori Sludge Channel.

1. Thames.2. Waimea.3. Nelson Creek.

WELLINGTON, NEW ZEALAND:Prmted under a.uthorityof tne New Zealand Government, by GEORGEDmSBURY, Government Printer.