Roads and Public Works Act




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be amended in such manner as it may deem
necessary; and in case he shall have appealed
on the ground that the name of any person is
omitted out of the assessment, the said Court
of Appeal may order the name of such person
to be inserted in the assessment, and to be
therein assessed at such amount as it shall
deem just; and in case the appellant shall
have appealed on the ground that the property
of any person is assessed below its full and fair
value, the said Court of Appeal may order the
amount at which such person is assessed to be
altered in such manner as it shall deem just;
and the said Court of Appeal shall, in each of
the cases aforesaid, forthwith cause the assess-
ment to be amended accordingly, but the
assessment shall not be questioned or altered
with respect to any other person named there-
in; and the said Court shall have power to
order the costs of such appeal to be paid by
either party; and the determination of the
said Court of Appeal shall be final and con-
clusive.

  1. Rate to be paid by Occupier.—The
    rate shall be paid by the occupier of the land,
    or, in case there shall be no occupier, by the
    owner thereof.

  2. Rate to be paid as directed by the
    Board.
    —The said rate shall be paid to some
    person appointed by the Board for that pur-
    pose by the persons liable to the payment
    thereof, on a day and at a place to be fixed for
    that purpose by the Board, by public notice in
    some newspaper published or generally cir-
    culated in the province, not being less than
    twenty-one days from the time of giving such
    notice; and such notice shall set forth the
    names of the persons liable for the payment of
    such rate, and the sums payable by each of
    such persons; and if the rate or any part
    thereof shall not be paid on the day so to be
    fixed for that purpose, the same may be re-
    covered in a summary manner before any
    Justice of the Peace.

  3. If Rate in arrear, Property may be
    sold.
    —In case any part of the amount to be
    recovered as aforesaid shall remain unpaid for
    the space of twelve calendar months, the
    whole amount due, together with interest
    thereon, at the rate of ten per centum per
    annum, from the time at which the same be-
    came due, and all expenses incurred and to be
    incurred in recovering the same, shall be
    leviable by sale of a sufficient portion of the
    property upon or in respect of which such
    amount shall have been imposed, and such
    sufficient portion shall be set out by the
    Resident Magistrate or any two Justices of the
    Peace having jurisdiction within the province,
    upon requisition to be made to him or them
    by the Board. Provided always, that before
    any such property shall be sold, one calendar
    month's notice of such sale shall be given in
    the Government Gazette of the province.

  4. Superintendent may execute Convey-
    ance.
    —Such property shall be sold by the
    Treasurer of the Province, by public auction;
    and a conveyance thereof, signed by the
    Superintendent, shall vest the property so
    conveyed in the purchaser, free from all in-
    cumbrances whatsoever.

  5. Moneys to be paid to the Treasurer of
    the Province.
    —All moneys levied or received
    under this Act shall be paid to the Treasurer
    of the Board for the district for which the
    same shall be received, to be appropriated by
    such Board in defraying the expenses of carry-
    ing out the provisions of this Act; and the
    said Board, or any three of them, may from
    time to time issue their warrant to the said
    Treasurer for the payment of such moneys.

  6. Superintendent may pay Money appro-
    priated for Roads, &c., to the Board.
    —It
    shall be lawful for the Superintendent, if he
    shall think fit, to commit to the Board
    the expenditure of any moneys appropriated
    to the construction and maintenance of roads,
    bridges, drains, or other public works within
    the district, and to pay over the same to the
    account of the Board, to be appropriated
    in such manner and for such purposes as the
    Superintendent shall direct or appoint.

  7. Meetings of Board.—The business of
    the Board shall be transacted at meetings,
    which shall be holden at such times and
    places, and shall be adjourned in such manner,
    as the Board shall direct or appoint. Any two
    of the members shall have power to call a
    special meeting of the Board, by giving to the
    other members, or leaving at their places of
    abode, notices in writing, signed by the mem-
    bers calling the meeting, specifying the time
    and place thereof, which notices shall be given
    three clear days at least before such meeting;
    and no business shall be done at any meeting
    unless three members at least be present.

  8. Questions to be decided by a Majority
    present, and Minutes to be kept.
    —All ques-
    tions which shall come before such meeting
    shall be decided by a majority of the members
    who shall be present thereat, and a minute of
    every resolution agreed to shall be entered in a
    book to be kept for that purpose, and shall be
    signed by the chairman.

  9. Accounts to be kept and audited.—The
    Board shall, in books to be kept by them for
    that purpose, enter true accounts of all sums
    of money by them received and paid, and of
    the several matters in respect whereof such
    sums shall have been received and paid. All
    such accounts, with all vouchers and papers
    relating thereto, together with a full abstract
    or balance sheet thereof, signed by three at
    least of the members of such Board, shall



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Online Sources for this page:

PDF PDF Nelson Provincial Gazette 1856, No 3





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🏘️ Roads and Public Works Act (continued) (continued from previous page)

🏘️ Provincial & Local Government
Legislation, Roads, Public Works, Arbitration, Rates, Assessment, Appeals