✨ Roads and Public Works Act
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person shall lay, or cause to be laid, any heap of stones, or any other matter or thing whatsoever upon any road, and allow the same to remain at night, to the danger or the personal damage of any person passing thereon, all due and proper precaution not having been taken to guard against the same, he shall forfeit for every such offence any sum not exceeding £10.
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Disputed Compensation to be settled by Arbitration.—In case of any dispute as to the amount of any compensation to be made under the provisions of this Act, unless both parties concur in the appointment of a single arbitrator, each party on the request of the other shall, by writing under his hand, appoint an arbitrator, to whom the matter shall be referred, and such appointment shall be delivered to the arbitrators, and shall be deemed a submission to arbitration by the parties making the same: and, after the making of such appointment, the same shall not be revoked without the consent of both parties, nor shall the death of either party operate as a revocation.
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If either Party neglect to appoint Arbitrator, or if Owner absent, Resident Magistrate to appoint Arbitrator.—In case either of the said parties shall refuse or neglect to appoint an arbitrator for the space of fourteen days after being required so to do by the other party, the Resident Magistrate shall appoint an arbitrator to act on behalf of the party so refusing or neglecting as aforesaid.
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Arbitrators to appoint Umpire, and if Arbitrators do not make Award within Three Months, Umpire to make Award.—In case there be more than one arbitrator, the arbitrators shall, before they enter upon the reference, appoint by writing under their hands an umpire, and if the person appointed umpire die or become incapable, or refuse to act, the arbitrators shall forthwith appoint another person in his stead; and in case the arbitrators cannot agree, or shall fail to make their award within three months from the day on which the last of them was appointed, the matters referred shall be determined by the umpire, and such umpire shall make his award within three months from the day on which the matters in dispute shall be referred to him as aforesaid.
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Costs of Reference in discretion of Arbitrators, and submission may be made a Rule of Court.—All costs consequent upon the reference shall be in the discretion of the arbitrator, or arbitrators, or umpire, as the case may be; and any submission to arbitration under the provisions of this Act may be made a rule of the Supreme Court of New Zealand.
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Board may impose Dues for Use of Market-places, &c.—It shall also be lawful for the Board to impose such dues as they shall deem reasonable, upon all persons making use of any market-place or other public work established within the district under the authority of this Act; and in case of non-payment of such dues, the same may be recovered in a summary manner before any Justice of the Peace.
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Board to levy Rates.—If at the annual meeting in any district it shall be determined to levy a rate for the ensuing year, the Board shall make and levy, in manner hereafter provided, such rate on all lands, situated in the district (except such as belong to the Crown, or are reserved for public purposes, or are places set apart for public worship, or are vested in trust for any public object).
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Assessors may be appointed.—The Board may from time to time, by warrant under their hands, or any three of them, appoint one or more fit person or persons to be assessor or assessors, to assess all such lands within the district; and such assessor or assessors shall, within thirty days after the delivery to them of the warrant of his or their appointment, return to the said Board an assessment for the district, or such part thereof as shall be named in such warrant; and the assessment shall specify the full and fair value to sell of all lands comprised in such assessment, and the names of the owners and occupiers, where known.
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Notice to be given of Place where Assessment may be inspected.—When the assessment shall have been made, the chairman of the Board shall sign the same, and shall cause public notice to be given, in some newspaper published or generally circulated in the province, of such assessment, and of the place in the district where the same may be inspected for the period of twenty-one days; and the person in whose custody such assessment may be, shall permit every owner or occupier of property included in such assessment to inspect the same during office hours.
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Persons aggrieved may appeal.—If any person shall think himself aggrieved by such assessment, on the ground that such assessment includes any property for which he is not ratable under this Act, or that it assesses his ratable property beyond its full and fair value, or that the name of any person is omitted out of such assessment, or that the property of any person is assessed below its full and fair value, the person so considering himself aggrieved, upon giving seven days' notice to the said Board of such his intention, may appeal to a bench of not less than three magistrates, within twenty-eight days after public notice of such assessment shall have been given as aforesaid; and in case the said Court of Appeal shall think the appellant entitled to relief, it shall order the assessment to
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Roads and Public Works Act (continued)
(continued from previous page)
🏘️ Provincial & Local GovernmentLegislation, Roads, Public Works, Arbitration, Rates, Assessment, Appeals
Nelson Provincial Gazette 1856, No 3