3496
THE NEW ZEALAND GAZETTE.
[No. 83

the names of the owners and occupiers thereof so far as they
can be ascertained; and that a copy of such plan has been
deposited in the office of the Town Clerk of the said Corpora-
tion at the Town Hall, Queen Street, in the City of Auckland,
the place directed by the said Corporation, and is there open
for inspection; and that all persons affected are hereby
required to set forth in writing any well-grounded objections
to the execution of such works or the taking of such land,
and to send such writing, within forty days from the 29th
day of October, 1913 (being the date of the first publication
of this notice), to the Town Clerk, Auckland.

Dated at Auckland this 29th day of October, 1913.

The Schedule.

HENRY W. WILSON,
Town Clerk to the above-named Corporation.

SPECIAL ORDER OF THE WHANGAREI COUNTY COUNCIL.

BY-LAW of the Council of the Whangarei County made
by special order of the said Council on the 10th day of
October, 1913, advertised in The Northern Advocate on the
13th, 20th, and 27th October, and 3rd November, 1913, and
confirmed on the 14th day of November, 1913, and sealed
with the common seal of the body corporate called the Chair-
man, Councillors, and Inhabitants of Whangarei County on
the 14th day of November, 1913.

In pursuance of the powers vested in them under the
Counties Act, 1908, the Public Works Act, 1908, and in
pursuance of any other powers enabling the Council to make
the same, the Council of the Whangarei County ordain as
follows, that is to say :—

1. This by-law shall be called and may for all purposes be
   cited as By-law No. 3 of the Whangarei County, and shall
   apply to the whole county; and shall come into force within
   and throughout the whole county on the first day of December,

3. Section 6 of By-law No. 1 of the Whangarei County
   Council passed on the 10th day of August, 1910, and con-
   firmed on the 28th day of September, 1910, is hereby repealed.

4. Section 7 of By-law No. 1 of the Whangarei County
   Council passed on the 10th day of August, 1910, and con-
   firmed on the 28th day of September, 1910, shall be amended
   and extended as follows :—

Whereas the Council is of the opinion that the conduct of
the particular kinds of traffic hereinafter mentioned (in
addition to the conduct of the kinds of traffic specified in
section 7 of the County By-laws) will cause serious injury to
roads under its control, be it therefore enacted as follows :—

No person shall conduct or cause to be conducted the car-
riage, haulage, or cartage of bricks, sand, broken stone, gravel,
metal, cement, water-mains, water-service pipes, drainpipes,
firewood, milled timber, fletches of timber, flax, flax-fibre,
machinery, mining-caps, mining-slabs, fencing-wire, fencing-
posts, milk, cream, meat, or use, conduct, propel, or drive,
or cause to be used, conducted, propelled, or driven, any
traction, locomotive, or other engine upon or along any road
under the control of the Council unless the cost as estimated
by the Council of reinstating the road consequent upon the
injury to be occasioned by such traffic on or along which such
traffic is to be conducted is previously paid to it.

And be it further enacted that the said section 7 of the
County By-laws shall be and the same is hereby amended
and extended so that the same shall be deemed to mean,
apply to, and include the conduct of traffic of the kinds in
the said section mentioned upon or along any road under the
control of the Council.

4. Repeals.—Clauses 12 and 13 of By-law No. 1 of the
   Whangarei County Council passed on the 10th day of August,
   1910, and confirmed on the 28th day of September, 1910,
   are hereby repealed, and in lieu thereof the following shall
   apply :—

(1.) Covering Special Damage. —The Council may take
security by or from any person or persons that no such
special damage will occur to any road, bridge, or culvert under
the control of the said Council by reason of their engaging
in any heavy traffic thereon.

(2.) Covering Damage by Reason of Heavy Traffic. —The
Council may enter into an agreement with any person or
persons concerned in any heavy traffic on or along any road
under the care and control or management of the Council,
including the bridges and culverts thereon, for the annual
or other payment of any reasonable sum for any damage
occurring or likely to occur to such road or roads, or the
bridges and culverts thereon, by reason of their engaging in
any heavy traffic thereon.

(3.) Nothing contained in this by-law shall be held to
relieve any person from any special damage he may do or
cause to be done to any road, bridge, or culvert under the
care, control, or management of the Council by reason of such
heavy traffic, and by reason of having arranged with the
Council for an annual or other payment in respect of such
heavy traffic.

(4.) Any person desiring to engage in heavy traffic upon or
along any road under the control, care, or management of
the Council shall, preparatory to entering upon the conduct
of such traffic, notify the County Council in writing of his
intention, and shall state the nature and quantity of traffic
to be conducted, together with a description of the road or
roads over which such traffic is to proceed, and the probable
length of time such traffic is likely to continue.

(5.) No person shall engage in heavy traffic upon or along
any road under the care, control, or management of the Council
without first obtaining the written permission of the Council
or its officials so to engage in such traffic; and no person shall
at any time whatsoever engage in heavy traffic upon or along
any road, bridge, or culvert under the care, control, or manage-
ment of the Council until he shall have first arranged for an
annual or other payment of some reasonable sum which shall
be fixed by the Council, or given to the Council security to
the satisfaction of the Council to repair any damage that may
occur to any road, bridge, or culvert by reason of such heavy
traffic.

5. Any person committing a breach of this section 4 shall
   be liable, upon conviction, to a fine not exceeding five pounds.

6. The driver or employer of any vehicle engaged in heavy
   traffic shall give such information as to the load or contents
   thereof, and the quantity, weight, size, or measurement of
   same, as shall be required of him for the purpose of enabling
   the same to be ascertained by the Council’s Traffic Inspector.

Any person who refuses to give reasonable information at
the request of the Traffic Inspector shall be liable for every
such offence, upon conviction, to a fine not exceeding five
pounds.

7. Clause 22 of By-law No. 1 of the Whangarei County
   Council passed on the 10th day of August, 1910, and con-
   firmed on the 28th day of September, 1910, shall be and the
   same is hereby amended as follows, that is to say :—

(1.) In clauses (a) and (b) (where the license fee provided
is £4, £2, and £1 respectively) there shall be no license fee
payable or license issued in respect of any vehicle engaging in
heavy traffic. For every wagon or express, if drawn by less
than five horses, the license fee payable shall be £3.

Clauses (f) and (g) are hereby repealed.

8. Before any traction-engine is propelled, driven, or drawn
   upon or across any bridge or culvert under the care, control,
   or management of the Whangarei County Council, the driver
   or person in charge of such traction-engine shall first lay down
   and securely fasten on each bridge or culvert planks of way
   of sufficient length and not less than 16 in. in width and 4 in.
   in thickness under each wheel for the purpose of distributing
   as equally as possible the weight of such traction-engine over
   the whole length of such bridge or culvert; and no traction-
   engine shall be propelled, driven, or drawn upon, over, or
   across any bridge or culvert whatsoever under the care,
   control, or management of the Whangarei County Council
   save on planks of way as above provided.

Such planks of way shall be removed by the driver or
person in charge of such engine immediately after the passing
of such engine (or, if continuous traffic by such engine, then
after the completion of such continuous traffic) over or across
any such bridge or culvert.

Every person who commits a breach of this by-law shall be
liable to a fine, upon conviction, not exceeding five pounds.