WHERE THEY STOOD

where they stood at the time of such change, and any misnomer of any person assessed, or improper description of the lands or others assessed, shall not invalidate the assessment; and such errors may be corrected at any time by authority of the Trustees of the District in which any mistake shall occur, or by authority of the Superintendent.

43. This Ordinance shall not extend to the Town of Dunedin, as laid down on the New Zealand Company’s maps of that Town; and it shall be in force from the day of the passing thereof, and may be altered, amended, or repealed, during the present Session.

W. Cargill, Superintendent.

Passed the Provincial Council this nineteenth day of April, and assented to by His Honor the Superintendent this twenty-fifth day April in the year of our Lord one thousand eight hundred and fifty-four.

Robert Chapman,
Clerk of Council.

SCHEDULE A.

We appoint you (here name and design the Jury mutually appointed) a Jury to ascertain and fix the compensation due to (here name and describe the party) for lands belonging to him, situated in (here name the District) Section No. __, which have been taken possession of for the purpose of forming a Public Road, and we request you to fill up your determination in the annexed form, and deliver a copy thereof, duly signed by you, to each of us.

Superintendent.

Owner of Land or Agent,

Convener of Trustees.

DETERMINATION OF JURY.

We (unanimously, or by a majority, as the case may be,) value the compensation due to the above-named __ at

__

Signed __

SCHEDULE B.

The Convener of the Road Trustees for the District of __ complains—

That (here name and design the defendant) has been guilty of a breach of the 40th section of the Ordinance, Session I., No. 10, of the Provincial Council of Otago, by (here state the complaint.)

(Date.) Signed __ Convener.

WARRANT.

I ordain both parties to appear before me upon the day of , at o’clock, at , to answer to the before-written complaint.

Signed __ J.P.

A Constable will serve a copy of the Complaint and Warrant on the defendant, certifying them to be a true copy; and after the Warrant he will subscribe the following Certificate:—

I certify that upon the day of , I served a true copy of the above complaint and Warrant on __, by (delivering it to him personally) or (by leaving it with his wife, servant, son, or daughter, as the case may be), in his dwelling-house, because I could not find himself personally.

If the service has been personal, the Justice of Peace may proceed to take the necessary evidence in absence of the defendant. If the service was not personal, he shall appoint a new day for hearing the case, not farther distant than 20 days, nor sooner than 10 days; and which appointment the Constable will again intimate in the same way as before. On the second day of appearance the Justice will proceed to hear the case, whether the defendant be absent or not, and shall, on the evidence of one or more witnesses, award his judgment; and which judgment shall be given in the following form:—

FORM OF CONVICTION.

I, , Justice of Peace for Otago, having heard the before-written complaint (in absence or presence of the Defendant) find the aforesaid defendant guilty and award him to pay for the damage done to the Roads and Bridges, and £ of Penalty, and £ of costs, and grant Warrant to recover the same by Arrestment, Distress, and Sale.

Signed __ J.P.

FORM OF ABSOLVITOR.

I, , Justice of Peace for Otago, (in presence, or in absence of the defendant) find the complaint not proven, and award £ of costs against the plaintiff, and grant warrant to recover the same by Arrestment, Distress, and Sale.

Signed __ J.P.

NOTICE.

WHEREAS by the Public Roads Ordinance, passed in the First Session of the Provincial Council of the Province of Otago, No. 10, it is inter alia enacted, that the Superintendent shall divide the whole Province into districts for the purposes of the said Ordinance, and shall, previous to finally fixing the Districts, give one month’s notice in the newspapers, of the Districts he intends to form, their boundaries, and the Roads, or portions of Roads, intended to be under the care of the Trustees of each District; and in the said notice 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, or the Roads intended to be under the care of the Trustees of such Districts; and thereafter shall finally fix and determine such Districts as aforesaid.

Now, therefore I, the Superintendent of the said Province, hereby give Notice that, subject to any alterations to be made upon complaint or suggestion offered time and place after-mentioned, I intend to form the Districts hereinafter named and described and delineated on a map open for inspection in the office of Mr. Proudfoot, Surveyor of Roads and Public Works, Dunedin; and thereafter to declare the Roads within the boundaries of said several Districts to be under the care of the Road Trustees of each district respectively, who shall be appointed in pursuance of the said Ordinance.

And I do hereby appoint Tuesday, the 11th day of July, 1854, at 12 o’clock noon, within the Mechanics’ Hall, in Dunedin, for hearing any complaint or suggestion which may be offered in terms of the above recited clause of the said Ordinance, and for finally determining such Districts.

No. 1. — NORTH-EAST VALLEY DISTRICT.

This District comprises the District of the same name, as delineated on the public map.