✨ Roads and Public Works Act
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and workmen such remuneration as shall be reasonable.
14. Collector and Treasurer to give Security.
—Every Collector, Treasurer, or other person appointed to levy or receive the said rates and dues, other than the Provincial Treasurer, shall give sufficient security to the satisfaction of the Board for the district, by bond, for the faithful execution of the said office; and every such Collector, Treasurer, or other person, shall, at such time or times as the said Board shall direct, deliver to them true and perfect accounts of all moneys which shall have been received by him by virtue of this Act, and of all moneys paid by him, together with the proper vouchers for such payments. And if any person shall refuse or neglect to produce or deliver the vouchers relating to the same, or to make payments as aforesaid, or shall not deliver to the said Board within ten days after being thereunto required all books, papers, and writings in his custody or power relating to the trust reposed in him, or shall refuse or neglect to pay such moneys as upon the balance of any account shall appear to be in his hands to the Board, or as they shall appoint, every such person shall for every such neglect respectively forfeit a sum not exceeding fifty pounds, to be recovered in a summary manner.
15. Persons obstructing Work liable to Penalty.—If any person shall obstruct or in any manner interfere with any such road, drain, watercourse, or other work, such person, on being convicted thereof before any Justice of the Peace, shall be liable to reimburse all charges and expenses which may be occasioned by reinstating and making good the work so altered, obstructed, or interfered with, and shall also forfeit any sum not exceeding £10 nor less than £5.
16. Penalty for erecting Windmills, Limelilns, &c., in certain cases.—It shall not be lawful for any person to erect, or cause to be erected, within fifty yards of any road or street, any steam-engine or windmill, unless such steam-engine or windmill shall be within some house or other building, or behind some wall or fence, sufficient to screen the same from the road, so that the same may not be dangerous to passengers, horses, or cattle; nor to make any fire for burning or calcining any limestone, bricks, or clay, or the making of coke or charcoal, within twenty-five yards of any road or street, unless the same shall be within some building, or behind some wall or fence sufficient to screen the same from such road; and any person offending against this enactment shall be liable to a penalty for every such offence not exceeding £10 nor less than £5, and a further penalty, not exceeding Forty Shillings, for every day during which the offence is continued, after notice in writing from the Board for the district in this behalf.
17. Materials may be taken from Waste Lands, Rivers, &c.—It shall be lawful for the Board, and for every person acting under their authority, to enter in and upon any waste land, or any river or creek, to search for, dig, get, and carry away, any stones, gravel, sand, or other materials which may be required for making or repairing any road, so that such person doth not divert or interrupt the course of any such river or creek, or prejudice or damage any building, road, or ford, or the bank of any such river or creek, nor dig or get the same materials out of any river or creek within the distance of fifty yards from any bridge, dam, or weir.
18. If sufficient Materials cannot be found in Waste Lands, &c., may be taken from Private Lands.—If sufficient materials cannot be had conveniently within any such waste lands, rivers, or creeks, and such materials can or may be procured in or upon any private lands (such lands not being a garden, yard, or plantation), lying near to the road for which the materials shall be required, the Board shall give 14 days\' notice of their intention to enter upon such land, in order to search for, dig, and carry away such materials, and shall cause such notice to be left at the last known place of abode in the province of the owner of such land, or his agent, and also of the occupier of such land, which notice shall express the place from which it is proposed to take the materials, and if within such period of 14 days, such owner, agent, or occupier shall give notice to the Board, or to their clerk, of any objection to the taking such materials, then such objection shall be heard and determined by any two Justices of the Peace, at the time and place to be appointed by such Justices, and whereof five days\' notice at the least shall be given; and if no such objection shall be made, or if the same shall be overruled by such Justices, then it shall be lawful for any person acting under the authority of the Board to enter upon such land, and to take and carry away so much of the said materials as shall be required for such roads, and the Board shall pay to the owner and occupier of such land for any damage they may sustain thereby.
19. Pits and Holes to be fenced.—If any person acting under such authority as aforesaid, shall make any pit or hole in any lands wherein such materials shall be found, the Board shall forthwith cause the same to be sufficiently fenced off, and such fence to be supported and repaired during such time as the said pit or hole shall continue open, and where no materials shall be found, shall cause such pit or hole to be forthwith filled up and levelled.
20. Penalty for Danger at Night.—If any
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Roads and Public Works Act (continued)
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🏘️ Provincial & Local GovernmentLegislation, Roads, Public Works, Rates, Penalties, Land, Local Government
Nelson Provincial Gazette 1856, No 3