✨ 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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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Online Sources for this page:

PDF PDF Taranaki Provincial Gazette 1855, No 2





✨ LLM interpretation of page content

πŸ—οΈ An Ordinance to provide for the maintenance of public works within the Province of New Plymouth (continued from previous page)

πŸ—οΈ Infrastructure & Public Works
Public Works, Ordinance, New Plymouth, Commissioners, Superintendent, Legal Proceedings, Liability