An Ordinance for Forming, Altering, and Maintaining Public Roads in the Province of Otago.

WHEREAS it is necessary that proper main Roads should be laid down and made in the Province of Otago: AND WHEREAS some of the Roads presently in use in the said Province require to be altered, and new roads formed, and thereafter maintained in proper repair, BE IT ENACTED by the Superintendent of the said Province of Otago, with the advice and consent of the Provincial Council thereof:

1. That it shall be lawful for the Superintendent in the manner hereinafter provided, to lay down such Roads in and through the Province as shall be judged expedient and necessary for the public advantage, either on the sites already laid down or used as roads, or on other or different sites, and to shut up and cause to be discontinued the present roads, so far as that shall be judged expedient.

2. It shall be lawful to lay down these roads either on the waste lands of the Crown, or through the lands belonging to private parties.

3. When any line of Road shall pass through the lands belonging to any private party, the owner of such lands shall be entitled to recover compensation for the injury done to his lands, as the same shall be fixed and determined by a Jury of five men, two of whom to be appointed by the Superintendent, two by the owner of land, and one by the District Road Trustees; and the appointment and determination of said Jury shall be in the form of Schedule A, hereto annexed, and shall be final and binding on all parties.

4. The parties named as Jury in any such appointment shall be bound to meet and determine the points submitted to them within one month after they receive personal intimation from the Superintendent of their appointment, unless prevented by sickness or absence from the Province, and that under a penalty of Five pounds, to be paid to the use of the Roads by the party failing. When any such appointment fails from any cause, a new appointment shall be made in the manner above set forth.

5. In laying down these Roads, the Superintendent shall employ a competent Surveyor, who shall survey the lines, and shall place square stakes at least five feet high above the ground along the one side of the whole line proposed by him, so as distinctly to point out the proposed line of road; such stakes to have one foot at the top painted three sides white, and one side black; and in placing the stakes along the line he shall always place the black painted side of the stake fronting the lands adjacent to the road, and the white painted sides fronting the road.

6. The Surveyor shall give an opportunity to all parties interested to point out any improvements on the line which they may have to suggest, and with that view he shall, after he has staked off the line of road as aforesaid, give at least ten days notice in the newspapers of his intention of being on the proposed line on a day, at an hour, and at the point to be named by him in such notice; and the Surveyor shall then and there hear all suggestions which may be offered. He shall hold such meetings within ten miles of each other along the whole line; and after hearing all parties, he shall either retain the original line proposed by him, or alter his stakes to a new line, as he may consider best.

7. Any person feeling dissatisfied with the final determination of the Surveyor may appeal from his decision to the General Board of Road Trustees after-mentioned, by delivering to the Chairman of said Board, within one week, a distinct written statement containing the grounds of complaint; and such Chairman shall then call a meeting of the said Board, to be held within four weeks thereafter; which Board shall finally determine the points in dispute, and shall transmit a written statement of their decision therein to the Superintendent within two weeks thereafter; and the Surveyor shall alter the road lines so far as to make them conform to such decision.

8. The Superintendent shall divide the whole Province into Districts, and shall distinctly lay down the boundaries of each District by a Proclamation in the Gazette, and in the newspapers; and each such district shall come under the operation of this Ordinance from the date of the notice by the Superintendent calling upon each district to elect Trustees, as after provided.

9. The Superintendent shall, previous to finally fixing the districts, give one month’s notice in the newspapers, of the districts he intends to form, the boundaries of these districts, and the roads, or portions of roads, intended to be under the care of each district, as after provided; and in the said notice he shall appoint a day on which he will hear any complaint or suggestion which may be offered in regard to the extent of the boundaries of such districts, or the roads intended to be under the care of the Trustees of such districts; and thereafter he shall finally fix and determine such districts as aforesaid.

10. It shall be lawful for the Superintendent from time to time to increase the number of such districts, and to alter the boundaries both of the districts and of the lines of roads which shall be under the charge of the Trustees of each district, by Proclamation in the Gazette and in the newspaper after due notice as aforesaid.

11. The male inhabitants of each district, qualified by being above twenty-one years of age, and by having resided in the district at least three months previous to the meeting, shall meet on a day and at a place to be named by the Superintendent in a notice to be published in the Gazette, proclaiming the district to be under the operation of this Ordinance, and shall then and there nominate five of their own number to be Road Trustees for the district in which they shall reside, one of whom shall be named Convener of the district; and a majority of them shall always be a quorum; and such Trustees so elected shall be called the District Road Trustees, and shall remain in office till a new election shall take place.

12. On the second Tuesday of May, in the year 1855, at 12 o’clock noon, and on the same day, and at the same hour, in every subsequent year, the male inhabitants of each district qualified as aforesaid, shall hold a meeting in the district at such place as the Superintendent shall appoint by a notice in the newspapers, and shall then and there elect five of their number to be District Road Trustees for the ensuing year, one of whom to be named Convener, and a majority of them shall always be a quorum. In all cases the former Trustees shall be eligible to be re-elected.

13. Notice shall be given to the Superintendent by the Conveners of the respective districts of the elections made, specifying the names and designations of the persons elected. When a vacancy shall occur in course of the year, the remaining Trustees shall fill up such a vacancy, and report the same to the Superintendent.