2854
THE NEW ZEALAND GAZETTE.
[No. 92

Warrant authorising the Birkenhead Borough Council to reconstruct Portion of Main Road in the Borough of Birkenhead, and apportioning the Cost of Reconstruction.

——

PLUNKET, Governor.

WHEREAS by section one hundred and nine of “The Public Works Act, 1905” (hereinafter termed “the said Act”), it is enacted that in any case where a road in one district is largely used by or for the purpose of traffic to or from any other district or districts, and the Governor is of opinion that it is equitable that the latter district or districts should contribute towards the cost of constructing or maintaining the whole or any portion of such road in the former district, the Governor may from time to time apportion the cost of constructing or maintaining the whole or any part of such road among the local authorities of the respective districts as he thinks fit; and for that purpose, and to enable effect to be given hereto, the provisions of section one hundred and eighteen of the said Act shall, mutatis mutandis, apply:

And whereas the Birkenhead Borough Council has made application to the Governor to authorise the reconstruction of the road mentioned in the Schedule hereto (hereinafter referred to as “the said road”), and to apportion the cost of constructing the said road between the said Council and the Council of the County of Waitemata:

And whereas by section one hundred and eighteen of the said Act it is further provided that the Governor may, with the view of determining whether or not the work should be done, or what proportion (if any) of the cost of the same should be borne by any local authority, and what local authority should do the work, direct any Magistrate or other person to be a Commissioner to inquire and report to him upon any matter which he shall deem necessary to enable him to determine any such question aforesaid:

And whereas a Commissioner was appointed, and an inquiry duly held: And whereas such Commissioner did report to the Governor, after due inquiry, his opinion thereon:

And whereas the Governor is of opinion that the said road should be reconstructed:

Now, therefore, I, William Lee, Baron Plunket, the Governor of the Colony of New Zealand, in pursuance and in exercise of the powers and authority vested in me by the above-in-part-recited Act, do hereby authorise the Council of the Borough of Birkenhead to reconstruct the said road. And I do hereby declare that the cost of reconstructing the said road shall be borne by the Council of the Borough of Birkenhead and the Council of the County of Waitemata in the following proportions, viz.: The County of Waitemata to contribute the sum of two hundred pounds towards the cost of the work, and the Borough of Birkenhead to contribute the balance of the cost.

And I do hereby direct that the contribution hereby required to be made as aforesaid by the Waitemata County Council shall be paid out of the funds of the said County Council, within a period of thirty days after demand in writing made by or on behalf of the Borough of Birkenhead, and such payment shall be made to the Clerk of the said Borough Council for and on account of such Council.

——

SCHEDULE.

All that portion of road in the Auckland Land District, known as part of the Main Road in the Borough of Birkenhead, extending from the proposed wharf to Peg 1400 above Bath Road, a distance of 29 chains or thereabouts; as the said road is more particularly delineated on a plan marked R. 7846A, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District.

As witness the hand of His Excellency the Governor, this twenty-sixth day of October, one thousand nine hundred and six.

WM. HALL-JONES,
Minister for Public Works.

——

Warrant apportioning the Cost of Maintaining the Main Road from the Birkenhead Wharf to the Boundary-line between the Borough of Birkenhead and the Waitemata County.

——

PLUNKET, Governor.

WHEREAS by section one hundred and nine of “The Public Works Act, 1905” (hereinafter termed “the said Act”), it is provided that in any case where a road in one district is largely used by or for the purpose of traffic to or from any other district or districts, and affords access to

or from such district or districts, and the Governor is of opinion that it is equitable that the latter district or districts should contribute towards the cost of constructing or maintaining the whole or any portion of such road in the former district, the Governor may from time to time apportion the cost of constructing or maintaining the whole or any part of such road among the local authorities of the respective districts as he thinks fit; and for that purpose, and to enable effect to be given thereto, it is also provided by the said Act that the provisions of section one hundred and nineteen of the said Act shall, mutatis mutandis, apply in the case of the maintenance of the road:

And whereas a dispute has arisen between the Council of the Borough of Birkenhead and the Council of the County of Waitemata on the question of the maintenance of the road hereinafter mentioned:

And whereas by the said section one hundred and nineteen it is, inter alia, provided that the Governor may, with a view of determining what proportion (if any) of the cost of maintaining any work should be borne by any local authority, direct any Magistrate or other person to be a Commissioner to inquire and report to him upon any matter which he shall deem necessary to enable him to determine any such question as aforesaid:

And whereas a Commissioner was appointed for the purpose aforesaid, and an inquiry duly held:

And whereas such Commissioner did report to the Governor, after due inquiry, his opinion thereon:

And whereas the Governor is of opinion that it is equitable that the cost of maintaining the road mentioned in the Schedule hereto shall be provided and paid in the manner and in the proportions hereinafter respectively set forth:

Now, therefore, I, William Lee, Baron Plunket, the Governor of the Colony of New Zealand, in pursuance and in exercise of the power and authority vested in me by the said Act, do hereby apportion the cost of maintaining the road described in the Schedule hereto between the Council of the Borough of Birkenhead and the Council of the County of Waitemata in the following proportions, viz.: The Borough of Birkenhead to contribute nine-tenths of the cost, and the County of Waitemata to contribute one-tenth of the cost. The contribution of the said county to be confined to one-tenth of the actual cost of the maintenance of the road itself, not including kerbs, gutters, or footpaths, nor the repairs to road caused by disturbance of the road required for gas-, drainage-, or water-works in so far as they concern the Borough of Birkenhead.

And I do hereby direct that any contribution hereby required to be made as aforesaid by the Waitemata County Council in respect of the road mentioned in the Schedule hereto shall be paid from time to time out of the funds of the said county, within a period of thirty days after demand in writing made by or on behalf of the Borough of Birkenhead, and all such payments shall be made to the Clerk of the said borough for and on account of the said borough.

——

SCHEDULE.

All that road in the Auckland Land District, known as the Main Road in the Borough of Birkenhead, extending from the proposed new wharf at Birkenhead to the boundary-line between the said borough and the Waitemata County, a distance of 1 mile 40 chains or thereabouts; as the said road is more particularly delineated on a plan marked R. 7846, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and thereon shown in green colour, and lettered AB.

As witness the hand of His Excellency the Governor, this twenty-sixth day of October, one thousand nine hundred and six.

WM. HALL-JONES,
Minister for Public Works.

——

Vesting Control of Aparima Bridge over the Jacob’s River Estuary at Riverton in the Riverton Borough Council, and apportioning the Cost of Maintenance.

——

PLUNKET, Governor.

WHEREAS by section one hundred and nineteen of “The Public Works Act, 1905” (hereinafter termed “the said Act”), it is, inter alia, enacted that the Governor may, upon the terms and conditions in the said section mentioned, by Warrant publicly notified, direct that any bridge already constructed, or which may hereafter be constructed, over or across any river or arm of the sea respectively shall, from and after a date to be fixed in such Warrant, be under the exclusive care, control, and management of such local authority as shall be mentioned in that behalf in such Warrant; and may by any such