✨ Public Works Ordinance




123

incur by reason of being so made Plaintiff
or Defendant.

  1. Indictments, informations, and prose-
    cutions by or on behalf of any Board of
    Commissioners for any stealing or embezz-
    lement of any money, or for any stealing,
    embezzlement or wilful or malicious injury
    of any other property or thing at the dispo-
    sal or under the management of such Board
    may be preferred and carried on in the name
    of the chairman or clerk of such Board ;
    and in all such indictments, informations,
    and prosecutions it shall be lawful and suf-
    ficient to state, that such money, property,
    or thing belonged to the officer in whose
    name the indictment, information, or prose-
    cution is preferred or carried on, and any
    offender or offenders may thereupon be law-
    fully convicted for such crime or offence,
    and the death, resignation, or removal of any
    such officer shall not abate or prejudice any
    such proceeding, but the same may be con-
    tinued and prosecuted in the name of his
    Successor.

  2. All Process and Notices in any ac-
    tion, suit, or proceeding, instituted by or
    against any Board of Commissioners repre-
    sented by such officer as aforesaid, and all
    other notices affecting the Board, shall be
    served upon the clerk of the Board, or in
    case there be no clerk, then upon any one
    Commissioner.

  3. Every order, notice, summons, or
    other such document requiring authentica-
    tion by any Board of Commissioners, shall
    (unless it be expressly provided to the con-
    trary) be sufficiently authenticated if sign-
    ed by the chairman, or by the clerk of the
    Commissioners, and the same may be in
    writing or in print, or partly in writing, and
    partly in print.

  4. No conviction, order, warrant, or
    other proceeding which shall be made, or
    shall purport to be made, by virtue or in
    execution of this Ordinance, shall be quashed
    or deemed to be void or voidable for want
    of form, or be impeached or affected by rea-
    son of any mistake, defect, or omission
    therein. Provided the person or property
    charged or intended to be charged or affected
    by any such proceeding, be designated there-
    in to common intent and understanding,
    and such proceedings be in substance and
    effect in conformity with or according to the
    intent and meaning of the Ordinance.

  5. Nothing in this Ordinance shall be
    deemed to extend to or affect any Law re-
    lative to the Revenue of the Crown, or any
    claim of Her Majesty in right of her Crown
    or otherwise howsoever, or any proceedings
    at law or in equity by or on behalf of Her
    Majesty.

  6. For the protection of persons acting
    in the execution of this Ordinance, all ac-
    tions and proceedings to be commenced a-
    gainst any person for anything done or
    omitted by him in or about or in anywise
    relating to the execution of the powers of
    this Ordinance, shall be commenced within
    two months after the act, default, or thing
    in respect whereof such actions and pro-
    ceedings may be brought or taken was
    done, committed or took place; and notice
    in writing of every such action, or proceed-
    ing, and of the cause thereof, shall be given
    to the Defendant one month at least before
    the commencement of such action: and in
    any such action the Defendant may plead
    the general issue, and give this Ordinance
    and the special matter in evidence at any
    trial thereupon, and a verdict shall be en-
    tered for the Defendant in any such action if
    tender of sufficient amends shall have been
    made before such action brought, or if a
    sufficient sum of money shall have been
    paid into Court after such action brought
    by or on behalf of the Defendant, together
    with the costs incurred up to that time; and
    if a verdict shall pass for the Defendant, or
    the Plaintiff become nonsuited, or discon-
    tinue any such action on issue joined, or
    if upon demurrer or otherwise, judgment
    shall be given against the Plaintiff, the
    Defendant shall be entitled to his full costs
    as between Attorney and Client, and shall
    have the like remedy for recovering the
    same as any Defendant may have by law
    in other cases.

Passed the Provincial Council the fourth
day of January, one thousand eight hun-
dred and fifty five.

I. NEWTON WATT,
Speaker.

Assented to on behalf of the Governor the
first day of February one thousand eight
hundred and fifty five.

CHARLES BROWN,
Superintendent.



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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
1 February 1855
Public Works, Ordinance, New Plymouth, Commissioners, Superintendent, Legal Proceedings, Liability
  • I. Newton Watt, Speaker
  • Charles Brown, Superintendent