Roads Ordinance Regulations




  1. If any person gives false information on any point, he shall be assessed double the amount he would otherwise be liable to.

  2. When the assessment is made, notice shall be given by the Assessor to each individual assessed of the amount assessed upon him, and the particulars or grounds of the assessment; such notice shall state a day upon which appeals shall be heard and discussed in presence of the District Trustees, any three of whom attending shall decide on the merits of all appeals, and their decision shall be final; and the assessment shall be corrected in terms of such decision. The same notice shall also specify a day upon which, and a place at which, the Collector shall attend to receive payment of the assessment.

  3. On the day of collection, or previous thereto, any person assessed shall be entitled to give written intimation to the Collector that he intends to give work on the roads in lieu of his assessment, and the Collector shall immediately after the close of the collection give to the Convener of the district a List of all the parties who require work; and he, the Convener, shall be entitled to call out such parties to work on any road within the district at any time and place he, the Convener, shall appoint; and such parties shall be bound to give such work at any time they are so called upon, except during the months of February and March, upon receiving one week’s notice to perform such work.

  4. The District Trustees shall always fix, at the meeting to be held in terms of section 25, the rate of wages to be allowed to persons assessed and desiring work; and they shall give work in proportion to said rate, and the sum assessed upon them.

  5. If any person fails to attend and work on the roads, when required as aforesaid, or to send a proper person to work in his room, intimation shall be immediately given of such failure to the Assessor and Collector, who shall thereupon add fifty per cent. to the amount assessed, and shall give notice to the party assessed that the same must be paid within one month thereafter.

  6. After the expiry of one week after the day of collection twenty-five per cent. shall be added by the Collector to every assessment unpaid, except on the parties requiring work as aforesaid, and intimation thereof shall be given by publishing a list of the defaulters specifying the sums due by each of them, including the additional per centage, and requiring payment within one month from the date of publishing the same; and it shall not be lawful for the Collector to receive payment of the assessments without payment being made at the same time of the additional percentage.

  7. If the assessment, with the additional per centage, is not paid within the month allowed for such payments as aforesaid, the Collector shall make out a list of all such defaulters, with the amount due by them respectively, and he shall certify the same to be correct, and shall obtain from any one or more Justices of the Peace a warrant for levying the same by arrestment, distress, and sale: which warrant must be at once granted by any Justice or Justices of the Peace to whom such certified list is presented, by his writing thereon the words, “I grant warrant of Arrestment, Distress, and Sale,” and dating and signing the same; and such warrant shall immediately be put in the hands of a Constable to recover the amount. All future warrants shall be obtained in like manner.

  8. Against those parties who may or shall fail in giving work as aforesaid, so soon as the time specified for their respectively making payment of the assessment and additional per centage hath expired.

  9. In all cases where any assessment imposed under the provisions of this Ordinance shall not be paid to the Collector within six months after the day of collection as aforesaid, interest shall be charged thereon from the day of collection aforesaid till paid, at the rate of Ten pounds per centum per annum.

  10. All assessments made on lands under the provisions of this Ordinance, with interest thereon as aforesaid, shall be, and shall remain a real burden on such lands from the date of assessing the same till paid.

  11. In the event of any lands being sold after the date when any assessment is laid on such lands under the provisions of this Ordinance, the Collector may levy such assessment, with all interest due thereon, either from the Seller or the Purchaser of such lands.

  12. The Treasurer of the Province may be the Collector of all assessments under this Ordinance; and when any other person is appointed Collector, he shall pay the amount collected by him to the Treasurer, according to instructions to be given to him by the Superintendent.

  13. No money shall be paid by the Treasurer for forming the roads of the Province, except on warrants signed by the Convener of the General Board of Road Trustees and the Superintendent; nor for repairing the roads of any district, except on warrants signed by the Convener of such district and the Superintendent.

  14. Accounts shall be published in the month of April annually, shewing the amount assessed—the amount added by way of per centage—the sums expended—the number of parties who paid their assessments in work, and the amount of their assessments—the sum in arrear with the names of the parties who owe these arrears—and the balance in hand. A separate account shall be published for each district, and for the general purposes under the charge of the General Board.

  15. If any person, by himself or his servants allow or permit his Sledge, Cart, or Dray, or the Horses or Bullocks dragging the same, or any Riding-horse, to get into any ditch or drain along the side of any road, or crossing any road formed pursuant to this Ordinance; or shall do any other act or deed by which any such road or any bridge crossing the same is injured, such person shall be bound to repair the whole damage done to such Road or Bridge, and also to pay a penalty of not more than Twenty shillings, nor less than Five Shillings, besides the expenses of conviction, for each offence, upon conviction before any Justice of the Peace, at the instance of the Convener of the Road Trustees for the district: such penalty to be applied to the use of the Roads for the district, and the complaint and conviction shall be in the form of Schedule B hereto annexed.

  16. The Provincial Council may at any time apply any part of the Public Revenue of the Province to any of the purposes of this Ordinance, in lieu or in aid of the assessments herein provided.

  17. Any change of Trustees, Assessor, Collector, Treasurer, or Superintendent, during the progress of any matter or thing required by this Ordinance shall not affect any Contract or Deed done by the person or persons retiring from office, but the successors of such officers shall take up the whole matters at the point



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1854, No 9





✨ LLM interpretation of page content

🏗️ Ordinance for Forming, Altering, and Maintaining Public Roads in Otago (continued from previous page)

🏗️ Infrastructure & Public Works
Roads, Public Works, Compensation, Road Trustees, Surveys, Assessments, Maintenance, Otago