Roads and Bridges Construction Act 1882 Amendment
Roads and Bridges Construction Act 1882 Amendment
Roads and Bridges Construction Act 1882 Amendment
Roads and Bridges Construction Act 1882 Amendment
Public Act |
1883 No 41 |
|
Date of assent |
8 September 1883 |
|
Contents
An Act to amend “The Roads and Bridges Construction Act, 1882.”
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Roads and Bridges Construction Act 1882 Amendment Act, 1883;”
and it shall be read with and be deemed to be incorporated with “The Roads and Bridges Construction Act, 1882”
(herein referred to as “the said Act”
).
2 Further interpretation.
Section two of the said Act is hereby amended by the addition of the words following:—
“Construction” includes the purchase or other acquisition of land for the making and completion of any road or river work; but does not include maintenance or repair of any kind, other than extraordinary damage:
“Council,” in reference to any county where the operation of “The Counties Act, 1876,”
is suspended, includes the Town Boards of the town districts in such county, or any one or more of them, so far as regards the main roads or portions thereof in the town district over which it has jurisdiction:
“Local body” includes the Council of a borough limited in population, as mentioned in section twenty of the said Act:
“River works” includes the construction of dams on rivers.
3 Section 10 of said Act amended.
Section ten of the said Act is hereby amended by the omission of all the words after “cost of construction.”
4 Section 34 of said Act repealed, and provision in lieu thereof.
Section thirty-four of the said Act is hereby repealed, and in lieu thereof it is hereby enacted as follows:—
All applications for construction of main roads under the said Act made in any year after this year shall be made prior to the thirtieth day of June in such year, and those made for construction of district roads and river works shall be made prior to the thirtieth day of June and thirty-first day of December respectively; hut all applications so made shall be deemed to have been made simultaneously on the respective days above mentioned.
5 Applications made during the current year.
Any roads gazetted before the thirty-first day of March of this year to be main roads for the purpose of the said Act, shall be main roads for the purpose of any application under the said Act made before the thirtieth day of June last passed.
6 Applications by local bodies limited to £5,000.
No application made in any year after this year shall be made by any local body for a grant exceeding five thousand pounds; and every application so made shall be rejected, except as hereinafter provided.
All applications made in this present year for any grant exceeding the aforesaid sum shall be reduced to such sum by the local bodies making the same respectively.
But, in the case of the Council of any county having made application for grants in aid for construction of works, and which county, between the date of making such application and the moneys being allocated and paid, has been divided and formed into two separate counties, then, in such case, the application and works shall be deemed to be separate applications and works, and the Councils of both counties shall reduce the amount to that allowed under this Act. Provided that such application was received before the thirtieth day of June, one thousand eight hundred and eighty-three.
7 Bridges to have priority over roads.
Applications for aid to erect bridges shall have priority over applications for aid to construct main or other roads, or river works, and shall be considered, in proportion with other applications, next in order after applications in cases of extraordinary damage.
8 Not more than £5,000 may be paid to County Council in one year.
An application by a County Council for a grant of five thousand pounds or upwards may be received, but not more than five thousand pounds shall be paid in any one year in respect of such application, the balance being a charge upon the fund for distribution, in proportion with other applications, in the next and subsequent years:
Provided always that no such application shall be received if it shall exceed the sum of fifteen thousand pounds.
9 Imprest payments may be made.
When the works upon which the grant is to be expended have been duly approved by the Minister, imprest payments may be made from time to time to the fund of the local body by the Colonial Treasurer, upon requisition of the Chairman,—
(a.)
If the debentures for one-fourth of the cost of the work to be executed required by section fourteen of the said Act to be delivered to the Colonial Treasurer have been so delivered; or
(b.)
In the case of a County Council, if the requisition is accompanied by the certificate of the District Engineer that the Council has supplied one-fourth of the cost of the work, in accordance with the provisions of section eighteen of the said Act, and has spent the same in the construction thereof.
10 Accounts of expenditure to be supplied and audited.
Every local body receiving moneys under the said Act shall famish to the Colonial Treasurer accounts of the expenditure thereof in such form, with such particulars, and at such times as he may require them; and the said Treasurer shall cause such accounts to be examined by such auditors as he may from time to time appoint in that behalf.
11 Moneys misapplied to be recovered as a debt to the Grown.
If upon any such examination it is found that any money has not been applied to the purpose for which it was obtained, the money so misappropriated shall be a debt due to the Crown by each and all the members of the local body who consented to or permitted such misappropriation; and no further grants under the said Act shall be made to such local body until the matter has been reported to Parliament.
12 Interpretation of “river works”
in said Act.
The words “river works”
in the said Act shall mean and include storm-water channels, and races for the purpose of carrying off surface and storm-water.