β¨ Public Works Ordinance
122
sheet shall be advertized in some Newspaper
published within the Province at least one
week before the day of the General Meet-
ing for the district.
-
All moneys due from the retiring
Commissioners, together with all books of
account, vouchers, and papers belonging to
the Board, shall be forthwith paid and deli-
vered over to the Commissioners for the en-
suing year. -
It shall be lawful for the Superinten-
dent by notice published in the Government
Gazette of the Province from time to time
to vary the number or proportion of Electors
requisite to constitute a General Meeting for
any district, and the number of Commis-
sioners to be appointed for any district, or
to exercise the powers of the Board for
any district, or to constitute a Quorum at a
Meeting of Commissioners for any district,
and also to vary the month in which Gen-
eral Meetings shall be held, and to make
any new or additional regulations respecting
the mode of conducting the business of the
said General Meetings, or the business of
the Meetings of the said Commissioners,
and any other regulations which may ap-
pear necessary or convenient for carrying
into effect the provisions of this Ordinance,
and any such regulations in like manner
from time to time to vary or revoke. Pro-
vided that no such notice shall at any time
be published without the previous approval
of the Provincial Council expressed by a
Resolution of the said Council. -
No Land belonging to the Crown, or
held in trust for the public uses of the Pro-
vince, or belonging to or occupied by any of
the Aboriginal Inhabitants of the Colony
as the Common Property of a Tribe or
Community, shall be liable to be rated un-
der the authority of this Ordinance. -
All fines and penalties imposed by
this Ordinance shall be recoverable in a
summary way, pursuant to the Ordinances
of the Colony for the regulation of Sum-
mary proceedings before Justices of the
Peace. -
Any person who shall fraudulently
dispose of, or retain in his own possession,
or apply to his own use, any money with
the receipt or disposal of which he shall
have been entrusted under and by virtue of
this Ordinance, shall be deemed and taken
to have stolen the same, and shall be guilty
of Larceny. -
No individual Commissioner shall be
subject to be sued or impleaded or in any
wise made liable upon or in respect of any
promise, contract, or debt, duly entered in-
to or contracted by him in his capacity of
Commissioner, either solely or jointly with
his fellow Commissioners, nor be in anywise
liable in respect of the Contracts, debts,
acts, or defaults of the Board, or of his fel-
low Commissioners; and the Commissioners
their heirs, executors, and administrators
shall out of the moneys at the disposal of
their respective Boards for the purposes of
this Ordinance, be reimbursed all expenses
and indemnified against all losses, costs, and
damages which they may incur in or about
or in anywise relating to the execution of
the powers vested in them by this Ordinance. -
Actions, suits, and other proceedings
on behalf of any Board of Commissioners
shall be brought, instituted, and prosecuted
in the name of the chairman or clerk of such
Board, as the nominal Plaintiff on behalf
of the Board, and all actions, suits, and
other proceedings against any Board of
Commissioners shall be brought, instituted,
and prosecuted against the chairman or
clerk of such Board, as the nominal Defen-
dant on behalf of the Board. And the
death, resignation, or removal of any such
chairman or clerk shall not abate or preju-
dice any such action, suit or other proceed-
ing by or against the Board, but the same
may be continued and prosecuted in the
name of his successor. -
Execution upon any judgment or
decree against the officer representing any
Board of Commissioners in any such action,
suit or proceeding shall be levied on the
moneys, goods, chattels, or personal effects at
the disposal of the Board, and no such judg-
ment or decree shall in any manner extend
to charge or make liable the person or pro-
per lands or goods of any of the Commis-
sioners, or of the officer representing the
Board as aforesaid. -
Every chairman or clerk represent-
ing any Board of Commissioners in any
such action, suit, or proceeding, whether as
Plaintiff or Defendant, shall out of the
moneys at the disposal of such Board for
the purposes of this Ordinance, be reim-
bursed all expenses, and indemnified against
all losses, costs, and damages which he may
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β¨ LLM interpretation of page content
ποΈ
An Ordinance to provide for the maintenance of public works within the Province of New Plymouth
(continued from previous page)
ποΈ Infrastructure & Public WorksPublic Works, Ordinance, New Plymouth, Commissioners, Superintendent, Legal Proceedings, Liability
Taranaki Provincial Gazette 1855, No 2