Borough of Masterton Private Roads Act 1898

Local Act		1898 No 18
Date of assent		5 November 1898

	Title
	Preamble.
1	Short Title.
2	Power to declare private roads public roads.
3	Power to make special order.
4	If objection to petition, poll may be demanded.
5	Council may make special order.
	Schedule

An Act to empower the Borough Council of Masterton to take over, construct, and maintain certain Private Roads in that Borough without the Necessity of Previous Construction by the Adjoining Owners.

Preamble.

WHEREAS the Borough of Masterton comprises certain roads originally laid out as private roads which are of great public use and are to all intents and purposes public roads, and the Borough Council of the said borough desire to take over, construct, and maintain those roads as public roads without requiring the adjoining owners to previously form and construct the same:

Be it therefore 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 Borough of Masterton Private Roads Act, 1898.”

2 Power to declare private roads public roads.

Notwithstanding the provisions of sections two hundred and sixty-four, two hundred and sixty-five, and two hundred and sixty-six of “The Municipal Corporations Act, 1886,” it shall be lawful for the Council of the Borough of Masterton by special order from time to time to declare to be public roads such of the private roads in the said borough as are mentioned in the Schedule to this Act, and are not less than sixty-six feet in width, and to take over, form, construct, and maintain as a public road any such road so declared to be a public road, without requiring previous formation and construction by the owners or occupiers in accordance with the provisions of the said sections of “The Municipal Corporations Act, 1886.”

3 Power to make special order.

The power to make any such special order shall only be exercised on petition requiring any such road to be so taken and constructed, signed by at least one-fifth of the ratepayers of the Borough of Masterton aforesaid, and lodged at the office of the Town Clerk thereof, who shall give notice of such petition by advertisement not less than fourteen clear days before the petition is considered.

4 If objection to petition, poll may be demanded.

If, on or before the hearing of such petition, not less than one-fifth of the ratepayers of the said borough in writing object to the making of such special order and demand a poll on the proposal of such petition, the Council shall proceed to take a poll of the ratepayers of such borough on such proposal in the manner provided for polls on loan proposals by sections thirty-seven and thirty-eight of “The Local Bodies’ Loans Act, 1886,” except that such proposal shall be deemed to be duly carried if affirmed by the votes of at least three-fifths of the ratepayers voting at such poll.

5 Council may make special order.

If no such written objection or demand be lodged as hereinbefore provided, or if on any poll taken as aforesaid such a proposal is duly carried, the Council may proceed to make such special order.

Schedule

Albert Street North	Elizabeth Street	River Road
Albert Street West (Upper Plain)	Herbert Street	Solway Street
Albert Street West (Upper Plain)	Junction Street Extension	Victoria Street
Bennington Street	Keaton Street	Vivian Street
Chamberlain Street	Kirton Street	Williams Street
Church Street Extension	Mary Street	Workshop Road
Cockburn Street	Michael Dixon Street	Wrigley Street
Donald Street

And two streets, connecting South Street and High Street, at present not named.

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Borough of Masterton Private Roads Act 1898