Bills of Sale Act 1867
Bills of Sale Act 1867
Bills of Sale Act 1867
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Bills of Sale Act 1867
Public Act |
1867 No 23 |
|
Date of assent |
10 October 1867 |
|
Contents
An Act to consolidate and amend the Law relating to the Registration of Bills of Sale of Personal Chattels.
Preamble.
Whereas it is expedient to consolidate and amend the laws relating to Bills of Sale of Personal Chattels
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 shall be “The Bills of Sale Act 1867”
and it shall come into operation on the first day of November one thousand eight hundred and sixty-seven.
2 Repeal clause.
The “Bills of Sale Registration Act 1856”
and “The Bills of Sale Registration Amendment Act 1862”
(hereinafter referred to as the said repealed Acts) are hereby respectively repealed except so far as regards bills of sale made or given before the passing of this Act.
3 Interpretation clause. 20 Vict. No. 8 s. 7. 29 and 30 Vict. c. 96 s. 3.
In construing this Act the following words and expressions shall have the meanings hereby assigned to them unless there be something in the subject or context repugnant to such constructions (that is to say) the expression “bill of sale”
shall include bills of sale assignments transfers declarations of trust without transfer and other assurances of personal chattels and also powers of attorney and authorities or licenses to take possession of personal chattels as security for any debt but shall not include the following documents— (that is to say) assignments for the benefit of the creditors of the person making or giving the same marriage settlements transfers or assignments of any ship or vessel or any share thereof transfers of goods in the ordinary course of business of any trade or calling bills of sale of goods in foreign parts or at sea bills of lading warehouse- keeper’s certificates warrants or orders for the delivery of goods or any other documents used in the ordinary course of business as proof of the possession or control of goods or authorizing or purporting to authorize either by endorsement or delivery the possessor of such document to transfer or receive the goods thereby represented The expression “personal chattels”
shall mean goods furniture fixtures and other articles capable of complete transfer by delivery but shall not include chattel interests in real estate nor shares or interests in the stock funds or securities of any Government or in the capital or property of any incorporated or joint stock company nor choses in action nor any stock or produce upon any farms or lands which by virtue of any covenant or agreement or of the custom of the country ought not to be removed from any farm where the same shall be at the time of the making or giving of such bill of sale and personal chattels shall be deemed to be in the “apparent possession”
of the person making or giving the bill of sale so long as they shall remain or he in or upon any house mill warehouse building works yards land or other premises occupied by him or as they shall be used and enjoyed by him in any place whatsoever notwithstanding that formal possession thereof may have been taken by or given to any other person The expression “registration of a bill of sale”
shall mean the filing of a bill of sale or a copy thereof with the affidavit required by this Act or by “The Bills of Sale Registration Act 1856”
in the office of the Registrar or Deputy Registrar of the Supreme Court for the Province within which the personal chattels comprised in such bill of sale shall be situate.
4 Bills of sale to be void unless filed within ten days. 20 Vict. No. 8 s. 1. 26 Vict. No 5 s. 2.
Every bill of sale of personal chattels made after the passing of this Act either absolutely or conditionally or subject or not subject to any trusts and whereby the grantee or holder shall have power either with or without notice and either immediately after the making of such bill of sale or at any future time to seize or take possession of any property and effects comprised in or made subject to such bill of sale and every schedule or inventory which shall be thereto annexed or therein referred to or a true copy thereof and of every attestation of the execution thereof shall together with an affidavit of the time of such bill of sale being made or given and a description of the residence and occupation of the person making or giving the same or in case the same shall be made or given by any person under or in the execution of any process then a description of the residence and occupation of the person against whom such process shall have issued and of every attesting witness to such bill of sale be filed with the Registrar or Deputy Registrar of the Supreme Court for the Province within which the personal chattels comprised in such bill of sale shall at the time of the making or giving of such bill of sale be situate within ten days after the making or giving of such bill of sale otherwise such bill of sale shall as against all assignees of the estate and effects of the person whose goods or any of them are comprised in such bill of sale under any laws now or hereafter to be in force relative to bankruptcy or insolvency or under any assignment for the benefit of the creditors of such person and as against all sheriff’s officers and other persons seizing any property or effects comprised in such bill of sale in the execution of any process of any Court of Law or Equity authorizing the seizure of the goods of the person by whom or of whose goods such bill of sale shall have been made and against every person on whose behalf such process shall have been issued be null and void to all intents and purposes whatsoever so far as regards the property in or right to the possession of any personal chattels comprised in such bill of sale which at or after the time of such bankruptcy or insolvency or of the execution by the debtor of such assignment for the benefit of his creditors or of executing such process (as the case may be) and after the expiration of the said period of ten days shall be in the possession or apparent possession of the person making such bill of sale or of any person against whom the process shall have issued under or in the execution of which such bill of sale shall have been made or given as the case may be.
5 Defeazance or condition of bill of sale to be written on same paper or parchment. 20 Vict. No. 8 s. 2.
If such bill of sale shall be made or given subject to any defeazance or condition or declaration of trust not contained in the body thereof such defeazance or condition or declaration of trust shall for the purposes of this Act be taken as part of such bill of sale and shall be written on the same paper or parchment on which such bill of sale shall be written before the time when the same or a copy thereof respectively shall be filed otherwise such bill of sale shall be null and void to all intents and purposes as against the same persons and as regards the same property and effects as if such hill of sale or a copy thereof had not been filed according to the provisions of this Act.
6 Registrar to keep book containing particulars of each bill of sale. 29 and 30 Vict. c. 96 s. 7.
The said registrar or deputy registrar shall cause every bill of sale and every such schedule or inventory as aforesaid and every such copy filed in his said office under the provisions of this Act to be numbered and shall keep a book in his said office in which shall be fairly inserted as and when such bills of sale or copies as required by this Act are respectively filed the name residence and, occupation of the person by whom the bill of sale was made or given or in case the same was made or given by any person under or in the execution of process then the name residence and occupation of the person against whom such process was issued and also the name of the person or persons to whom or in whose favour the said bill of sale was given together with the number affixed to the said bill of sale or copy on the registration thereof and all such particulars shall be entered according to the form given in the Schedule to this Act and the said book and every bill of sale or copy and affidavit filed as aforesaid may be searched and viewed by all persons at all reasonable times upon payment for every search against one person of the fee or sum of two shillings and no more.
7 Fee for filing.
There shall be paid to the registrar or deputy registrar upon the filing of every such bill of sale or copy thereof the fee of five shillings and no more.
8 Office copies to be given on payment.
Any person shall be entitled to have an office copy or an extract of every bill of sale or of the copy thereof filed as aforesaid upon paying for the same at the rate of four pence for every folio of seventy- two words contained in such copy or extract.
9 Satisfaction may be entered. 26 Vict. No. 5 s. 5.
Satisfaction may be entered in respect of any filed bill of sale by filing with the Registrar or Deputy Registrar of the Supreme Court where the bill of sale is filed an affidavit of satisfaction by the person in whose favour the said bill of sale was made or given or by his executors administrators or assigns or by his or their lawfully appointed attorney or attorneys and such registrar or deputy registrar shall thereupon mark upon the back of the filed bill of sale and in his register of bills of sale the date of filing of such affidavit of satisfaction and in respect of such filing and marking there shall be paid to such registrar or deputy-registrar a fee of five shillings Provided also that it shall be lawful for any Judge of the Supreme Court to order a memorandum of satisfaction to be written upon any bill of sale or copy thereof respectively if it shall appear to him that the debt (if any) for which such bill of sale is given as security has been satisfied or discharged.
10 Saving of bills already filed.
All bills of sale heretofore duly filed with any Registrar or Deputy Registrar of the Supreme Court under the provisions of the Acts for the time being in force for this purpose shall be as valid and effectual as if the same were duly registered under this Act.
11 30 Vict. No. 45 to apply.
“The Supreme Court and Registration Fees Act 1866”
shall extend and be applicable to this Act and to the fees to be collected thereunder in the same manner as the same would have been applicable to the said repealed Acts and the fees to be collected thereunder in case this Act had not been passed.
Schedule
| Satisfaction entered. | No. | By whom given, or against whom process issued. | To whom given. | Instrument. | Date of Instrument. | Date of Registration. | ||
|---|---|---|---|---|---|---|---|---|
| Name. | Residence. | Occupation. | ||||||
MUNICIPAL CORPORATIONS ACT, 1867 ARRANGEMENT OF CLAUSES
Preliminary
Title
Preamble
1.
Commencement of Act and Short Title
PART I. CONSTITUTION DIVISION UNION ETC. OF BOROUGHS
2.
Interpretation.
3.
Any city or town incorporated under any Act or Ordinance specified in Schedule may be constituted borough under this Act.
4.
Petition for incorporation under this Act. Counter petition.
5.
In original Borough Acts and Ordinances specified in the fourth column of first Schedule to cease to have effect on first elections hereunder.
6.
Rates already due and penalties incurred.
7.
All rights and liabilities &c. to attach to body corporate of original borough.
8.
Property of body corporate boards &c. of city town or place converted into borough.
9.
Incorporation of inhabitants of new districts.
10.
Petition. Counter petition.
11.
Contents and effect of order for constitution.
12.
Middle line of road or stream to be boundary.
13.
Division of borough into wards.
14.
Union of boroughs.
15.
On union previous wards of single borough abolished. Single boroughs and wards of previously united boroughs to be wards of aggregate united boroughs.
16.
Existing contracts &c. at time of union of boroughs &c.
17.
Existing property &c. at time of union.
18.
Outlying district may be added to borough.
19.
Fresh division of united borough on petition.
20.
No division or union of borough &c. to take place within certain period.
21.
Signatures to petitions to be verified.
22.
Notice of petition for incorporation, &c.
23.
Petitions may be repeated till granted.
24.
Scrutiny of signatures.
25.
Power to take evidence.
26.
Inhabitants of boroughs incorporated.
27.
Misnomer &c. not to prejudice.
28.
Proclamation by Governor to be published in the New Zealand Gazette and by Superintendent in the Gazette of his Province.
PART II COUNCILS AND COUNCILLORS OF BOROUGHS.
(1.) Number &c. of Council
29.
Council.
30.
Council of united borough.
31.
Councillors in divided borough to be elected in and for wards.
32.
Councillors at time of division to be allotted to the several wards.
33.
Existing councillors of boroughs &c. united to continue in office.
34.
Members of council or boards under repealed Acts &c. to continue in office as councillors under this Act.
(2.) Capacity &c. of Councillors
35.
Qualification of councillors.
36.
Incapacity to be councillors.
37.
Incapacity of contractors. Proviso.
38.
Declaration by councillors.
39.
When to be made and before whom.
40.
Penalty for acting as councillor being incapacitated. Acts nevertheless to be valid.
(3.) Retirement and Vacancies
41.
Retirement in rotation.
42.
The like after division into wards.
43.
Preferable title of councillors allotted to wards.
44.
Excess of existing members in original borough how disposed of.
45.
Retirement of councillors of united borough while number excessive.
46.
Extraordinary vacancies.
47.
Councillors may be re-elected.
PART III BURGESSES BURGESS LIST AND ROLL
(1.) Burgesses and their rights &c
48.
Qualification of burgesses.
49.
After division into wards burgesses to vote in ward where qualification.
50.
Joint occupiers and owners.
51.
Enrolled ratepayers of towns &c. converted into boroughs under this Act to be qualified to vote until first roll hereunder.
(2.) Burgess List Revision and Burgess Roll
52.
Town clerk to make out burgess list from list of ratepayers omitting defaulters.
53.
Inspection of lists.
54.
Claims by persons omitted. Objection to names inserted. List of claims and objections.
55.
Revision court. Adjournment.
56.
Town clerk valuers and collectors of rates to attend.
57.
Power to summons witnesses &c.
58.
Revision of the lists.
59.
Costs in case of frivolous &c. claims and objections.
60.
Certificate &c. of revision.
61.
Roll to be made out and delivered to mayor.
62.
Roll so signed and delivered to be burgess roll.
63.
Copy of roll to be evidence.
64.
Omissions to publish &c. not to invalidate proceedings.
65.
If no materials for first burgess list yet provided or in case of failure to make first list Superintendent may extend time &c.
66.
Construction of preceding sections after division of borough into wards.
67.
Roll of borough when divided to be distributed to each ward.
68.
In original boroughs the ratepayers’ roll (if any) in force in the town converted into a borough to be reduced into a burgess roll.
69.
Adaptation of existing burgess rolls on union or further union of boroughs.
70.
Provision in case of division of single borough while process of making burgess roll is pending.
71.
The like in case of union of boroughs.
72.
On union of boroughs what shall be materials for burgess list.
73.
Annexation not to affect rolls.
(3.) Miscellaneous
74.
Provision for there being no mayor town clerk &c.
75.
Penalty for wilful or negligent act or omission.
76.
Expenses of compiling lists &c. Application of moneys received.
PART IV. ELECTION OF COUNCILLORS.
(1.) Who shall Elect
14.
First election in borough in which no council has yet been in office.
78.
Annual ordinary elections in boroughs or wards in which no burgess roll has yet been made.
79.
Annual ordinary elections in boroughs or wards after burgess roll made.
80.
Deficiency if any of councillors or original boroughs to be supplied at first annual election.
(2.) Who shall Elect
81.
Who shall preside at borough elections.
82.
Who shall preside at ward elections.
(3.) Nomination of Candidates
83.
Notice of election. Ninth schedule. Mode of nomination.
84.
What persons alone shall be deemed candidates.
85.
Returning officer to post names of candidates.
86.
Penalties in case of nomination of incapacitated person.
87.
Declaration of election where uncontested.
(4.) Polling &c
88.
Contested election. Notice and time and place of poll.
89.
Candidate may retire within certain time.
90.
Polling booths &c.
91.
Returning officer or deputy to preside at each booth.
92.
Agents.
93.
Power of returning officer and deputies.
94.
Pens &c. and voting papers.
95.
Form of voting paper to be given to every elector.
96.
Copy of electoral roll to be given to each deputy returning officer and poll clerk.
97.
Persons who may be present in polling booths.
98.
State of the poll not to be declared until close.
99.
Mode of conducting elections.
100.
Questions at elections previous to making of burgess roll.
101.
Questions to be put to voter at all other elections.
102.
False answer polling twice and personation.
103.
Ascertaining result of polling. Declaration. Casting vote.
104.
Disposal of voting papers.
105.
Adjournment of polling for riot &c.
106.
Adjournment when from some cause no election on day appointed.
107.
Superintendent to appoint on failure to elect at first election. Failure to elect on the day to be deemed in other cases to create extraordinary vacancy.
108.
Election of councillors in wards.
109.
Burgess to include person entitled to vote.
110.
At elections where no burgess roll in force burgesses entitled to give only one vote. Form of voting paper to be altered accordingly.
111.
Manner of proceeding if a person elected for more than one ward.
(5.) Extraordinary vacancies in the Council
112.
Extraordinary vacancies by whom to be filled.
113.
Extraordinary vacancies how filled.
114.
The like where borough divided into wards.
115.
In united boroughs no extraordinary vacancy to be filled while members in excess.
116.
In original boroughs no extraordinary vacancy to be filled up while councillors in excess.
(5.) Miscellaneous
117.
Election not to be questioned for defect in title of persons presiding de facto.
118.
Misfeasance &c. of officers &c.
119.
Payment of expenses of returning officer.
PART V ASSESSORS AND AUDITORS
120.
Qualification and capacity of assessors and auditors.
121.
Annual ordinary election of assessors.
122.
Annual ordinary election of auditors.
123.
Elections of assessors and auditors how conducted.
124.
Extraordinary vacancies how caused.
125.
How filled up.
126.
On failure to elect appointment by mayor.
127.
Assessors and auditors elected on extraordinary vacancies how long to hold office.
128.
Division or annexation not to affect assessors or auditors.
129.
Assessors and auditors in office at time of union of boroughs.
PART VI ELECTION AND PRIVILEGES OF MAYOR
130.
Election of mayor. Vacancy in office of mayor.
131.
Mayor to continue councillor during year of office.
132.
Who shall be mayor of united borough upon union.
133.
Governor may appoint mayor to be justice of the peace within the district of the mayoralty.
PART VII PROCEEDINGS OF THE COUNCIL
134.
First meeting of council.
135.
Annual and ordinary meetings of council.
136.
Decision by majority. Casting vote.
137.
Quorum of council.
138.
Penalty for voting as councillor where interested.
139.
Adjournment of meetings.
140.
Business at ordinary meetings.
141.
Notice of extraordinary business.
142.
Resolutions how revoked or altered.
143.
Special meetings.
144.
Special orders.
145.
Notices of meetings.
146.
Committees of council and quorum.
147.
Meetings chairman &c. of committees.
148.
Vacancy in number of councillors not to invalidate proceedings.
149.
Nor want of capacity &c. of any person to be councillor.
150.
Offices &c. of council.
151.
Attendance of town clerk at office and notice of situation thereof.
152.
Minutes of proceedings.
PART VIII OUSTER OF OFFICE
153.
Disputed &c. elections or exercise of office.
154.
Enquiry into matters of fact.
155.
Report may be made as to conduct or absence of witnesses.
PART IX CONTRACTS
156.
Mode in which council may enter into contracts and effect thereof.
157.
Notice calling for proposals in certain cases.
158.
Composition for breaches of contract in certain cases.
PART X OFFICERS
159.
Appointment removal &c. and salaries of officers.
160.
Town clerk or treasurer who shall not be.
161.
Officers exacting or accepting fees.
162.
Security by officers intrusted with moneys.
163.
Collectors of rates to pay over moneys and make returns. And to return persons making default in payment of rates.
164.
Officers to deliver accounts and vouchers and make payments.
165.
Officers failing to render accounts or to pay balance and deliver over property of council.
166.
Such proceedings not to prejudice remedy against sureties.
PART XI ACCOUNTS
167.
Books of account and inspection by persons interested.
168.
Accounts to be balanced annually. Annual statement of receipts and expenditure and inspection thereof. Audit.
169.
Printing and inspection of statement and account.
170.
Examination and settlement of accounts at annual meeting.
171.
Annual accounts in abstract.
172.
Special auditors may be appointed.
173.
Council to cause accounts to be balanced for special audit.
174.
Expenses how to be defrayed.
PART XII NOTICES ETC. AND LEGAL PROCEEDINGS
175.
Service of notices and legal proceedings.
176.
Certain documents how authenticated by the council.
177.
Proceedings in estates of bankrupts &c.
178.
Proceedings in Resident Magistrate’s Court and in Petty Sessions and before justices.
179.
Reimbursement of officer.
180.
In what newspapers certain advertisements shall be published.
PART XIII GOVERNMENT OF BOROUGHS AND BYE-LAWS
(1.) Adopting Bye-laws
181.
Councils of boroughs may by bye-laws adopt certain provisions of this Act.
182.
Existing Acts Ordinances and bye-laws where in force to be repealed on adoption hereof.
183.
Existing rights liabilities &c. saved.
184.
Express repeal of existing bye-laws. Forms.
185.
General bye-laws.
(2.) Other Bye-laws
186.
General bye-laws.
187.
Preceding provisions of this part similarly to apply.
(3.) Making &c. of Bye-laws
188.
Not to be repugnant.
189.
Draft must be previously published.
190.
How to be completed and published.
191.
When to come into force.
(4.) Regulations
192.
Regulations restrictions upon.
193.
Joint regulations how made.
194.
How made when one or more councils fail to make.
195.
Joint regulations applicable to after united borough.
196.
Repeal of regulations.
(5.) Miscellaneous
197.
Bye-laws and regulations to continue in force on union of boroughs.
198.
Prosecutions &c. for nuisances not affected.
199.
Meaning of “proper officer.”
PART XIV. ORDINARY REVENUE AND BOROUGH FUND
200.
Of what the ordinary revenue of the body corporate shall consist. Borough fund and application thereof.
201.
Bank account.
PART XV. GENERAL RATES
(1.) What shall be Rateable Property
202.
What shall be rateable property.
(2.) Making of Rates and Valuations
203.
Council may make and levy general rate.
204.
And separate rates as hereinafter mentioned.
205.
On whom rates may be made and levied.
206.
Rates to be made for particular periods.
207.
Proportion of existing rate leviable on annexed area.
208.
Estimate to be prepared before making rate.
209.
Notice of intention to make rate.
210.
Form &c. of rate.
211.
Rate to be open for inspection by ratepayers who may take copies.
212.
Rate may be amended by council.
213.
Valuation of rateable property. Value of unoccupied land how computed.
214.
Existing valuations in united boroughs.
215.
Valuation in annexed portion.
216.
Form of valuation and return.
217.
Declaration by valuer.
218.
Entry on premises by valuer.
219.
Valuer empowered to make inquiries.
220.
Rights of owner in such cases where leases made before constitution of borough.
221.
Owner where name not known to be rated as “owner”
only.
(3.) Appeals against Rates
222.
Appeal to justices for incorrectness &c. in valuation.
223.
Appeal generally to District or Supreme Court.
224.
Power of Supreme and District Courts.
225.
Amendment of rate by Justices of Court. Quashing of rate by Supreme or District Court.
226.
Costs of appeal.
227.
No order to be removed by certiorari.
(4.) Recovery of Rates
228.
Recovery of rates before justice or by action.
229.
Rate books to be evidence.
230.
Remedy against person quitting before payment of rates.
231.
Rates to be apportioned on the holder &c. quitting.
232.
Owner to pay rates in default of occupier.
233.
Rates due from owner may be recovered from any occupier.
234.
But occupier not to be required to pay more than the amount of rent due from him.
235.
“Sale of Land for Nonpayment of Rates Act 1862”
to be applicable.
(5.) Miscellaneous
236.
On union of boroughs united borough as to any right &c. existing at time of union with respect to any rate shall be deemed to be such separate borough as was concerned in such rate.
237.
Occupier refusing to give name of owner liable to penalty.
238.
Separate account to be kept of separate rate.
PART XVI LOANS AND SPECIAL RATES
239.
Loans on mortgage of special rates.
240.
Notice of intention to borrow.
241.
Resolution to borrow subject to certain conditions.
242.
Special rate.
243.
Special rate to be recurring.
244.
General provisions as to rates to apply.
245.
Annual valuation compulsory. After special rate made appointments of valuers may be disallowed by Superintendent.
246.
Annual amendment of special rate so as to conform to last general valuation.
247.
Special order for rate.
248.
Limit to total of general and special rates.
249.
When complaint for recovery of special rates must be made.
250.
Issue of debentures.
251.
Form &c. of debentures.
252.
How to be offered for sale.
253.
Reserve fund to be formed and invested in Government securities.
254.
Government securities may be sold to pay off debentures.
255.
Surplus how to be disposed of.
256.
Special account for each loan and special rate.
257.
Receiver may be appointed.
258.
Amendment of rate at instance of receiver.
259.
Rates to be paid to receiver. Receiver to have power to levy and recover rates and to disburse moneys.
260.
Where rights of holders of debentures are prejudiced by default &c. of council council may be wholly superseded in respect of special rate.
261.
Rule absolute and costs.
262.
On rule absolute receiver to be substituted for council.
263.
Receiver may pay expenses.
264.
General Government and ordinary revenue not liable.
265.
Loans contracted by councils of municipal districts.
PART XVII STREETS BRIDGES AND THE LIKE
Maintenance &c. of Streets &c
266.
Management of streets bridges and ferries vested in council.
267.
Council may make and widen streets.
268.
And may order that new street be public highway.
269.
Power to repair improve &c. streets.
270.
Council may form street adjoining to borough.
271.
If such street lie along another borough &c. council may give notice to treat with respect to it.
272.
District Court or Supreme Court may summon council &c. failing to treat.
273.
Judge of Court may apportion work and order execution.
274.
On omission other party may execute and recover expense.
275.
Power to repair &c. bridges.
276.
Bridges and ferries at boundary of borough.
277.
Superintendent may appoint control of bridge or ferry at boundary to the council.
278.
Power to make &c. watercourses &c.
279.
Obstruction &c. of watercourses &c.
280.
Wilful displacement &c. of materials of street.
281.
Encroachment upon streets.
282.
Temporary road during repairs &c.
283.
Right to procure materials for streets.
284.
Notice of laying out new streets.
285.
Level how fixed.
286.
Proceeding on default of council in fixing level.
287.
Default by person laying out street in giving notice.
288.
Notice by council of intention to fix level.
289.
Hearing and determining objections.
290.
Appeal against order determining level.
291.
Prescribed width of street.
292.
Prescribed width of alleys and courts.
293.
Entrances to.
294.
Further regulations.
295.
Penalty on forming streets alleys and courts contrary to provisions.
296.
Alteration on notice from council of water or gas pipes.
297.
Council may act on default.
298.
Streets made good by owners &c. to be public highways.
299.
Owners of tenements abutting to make good certain streets.
(2.) Street Tolls
300.
Toll gates &c. may be established.
301.
Tolls may be ordered to be payable. Where roads &c. ruinous payment of tolls may be suspended.
302.
Existing tolls.
303.
Payment and recovery of tolls.
304.
Exemption from toll.
305.
False claim of exemption.
306.
Punts &c. not to ply within fixed distance of ferry.
307.
Evasion of toll.
308.
Toll-board.
309.
Toll collector’s board. Offences by toll-collector.
310.
Letting of tolls.
311.
Powers and liabilities of lessee.
312.
Application of tolls.
313.
Toll road passing through different boroughs &c. may be proclaimed common toll road.
314.
Common toll road to be repaired as main road.
315.
And tolls apportioned to different councils &c.
316.
Manager of common road.
317.
Manager to distribute moneys.
318.
Moneys received to be deemed tolls collected by committee.
PART XVIII SEWERAGE ETC
319.
Sewers &c. vested in council.
320.
Construction &c. of main sewers &c.
321.
Improvement &c. of sewers.
322.
Unlawfully making branch drains &c.
323.
Laying drains &c. from private tenements.
324.
Council may drain land in certain cases.
PART XIX LIGHTING
325.
Council may contract for lighting streets.
PART XX WATER SUPPLY
326.
Council to provide for supply of water. Upon approval of Superintendent.
327.
Council may contract for water supply.
328.
Works for supply of water in case of fire.
329.
Remuneration &c. of persons for extinguishing fire.
330.
Firemen.
331.
Mayor may appoint fire inspectors.
332.
Fire inspectors may take command.
333.
Police constables to assist inspectors.
334.
Resulting damage to be deemed damage by fire.
PART XXI MARKETS
335.
Power of council to provide markets.
336.
Markets &c. tolls.
337.
Letting of tolls.
338.
Interpretations in this part.
339.
Before the market shall be opened notice to be given by council.
340.
Market days.
341.
Penalty for selling or exposing for sale unwholesome meat &c.
342.
The council to provide proper weights and measures for weighing commodities sold at markets.
343.
Article to be weighed if requested by the buyer. Penalty for refusal.
344.
The council to keep proper machines for weighing carts laden with goods.
345.
Carts to be weighed at one of the machines erected by the council.
346.
Penalty on drivers for refusing to take carts to be weighed &c.
347.
Penalties on drivers of carts &c. committing frauds in weighing.
348.
Penalty on buyers or sellers for committing frauds in weighing.
349.
Penalties for frauds committed by the machine keeper.
350.
Penalty on other parties committing frauds as to weighing.
351.
Tolls &c. not to be demanded until market completed.
352.
Certificate of two justices to be considered evidence that market is completed.
353.
Stallages &c. when to be paid.
354.
Tolls to be paid to persons authorized before the same are weighed &c.
355.
Tolls in respect of cattle when due.
356.
Stallage tolls &c. may be varied from time to time.
357.
Penalty on taking a greater toll than authorized by this Act.
358.
Recovery of tolls.
359.
Disputes respecting tolls how to be settled.
360.
List of tolls &c. to be set up and placed in conspicuous places.
361.
Bye-laws relating to markets and slaughterhouses.
PART XXII MISCELLANEOUS
(1.) Pounds
362.
Pounds.
(2.) Baths &c
363.
Council may provide baths &c.
364.
Copy of bye-laws to be posted.
(3.) Places of Recreation &c.
365.
Council may provide places of recreation libraries &c.
(4.) Charitable Institutions.
366.
Council may establish aid &c. charitable institutions.
(5.) Expense of obtaining Acts of Parliament.
367.
Expense of obtaining Acts of Parliament.
(6.) Co-operation of Councils.
368.
Co-operation of separate councils.
(7.) Fencing &c. of Works in Progress &c.
369.
Fencing and lighting works in progress.
370.
Fencing of dangerous places near street.
(8.) Notices to and remedies &c. against owners &c.
371.
Notices how given to owners.
372.
Occupier may act in certain cases on default of owner.
373.
Expenses payable by owner how recoverable from him.
374.
May in certain cases be recovered from occupier.
375.
But occupier not to be liable beyond rent due or to become due after notice.
376.
Payment of expenses by instalments in certain cases.
377.
Occupier obstructing owner in carrying Act into effect.
(9.) Other matters.
378.
Recovery of penalties.
379.
Justices judges and mayors &c. to hear and determine though liable to be rated &c.
380.
Governor may make regulations and orders.
381.
Powers of entry by officers of council.
382.
Obstructing council or officers.
383.
Council may direct prosecutions &c.
384.
Sundays &c.
385.
Superintendent to act with advice of Executive if by law he acts in other matters with advice of Executive. If Superintendent fails to make appointment &c. Governor may on petition of council.
386.
Governor’s proclamation &c. to be published in the New Zealand Gazette Superintendent’s in Government Gazette of his Province.
387.
Right of making roads &c. reserved to Government.
388.
Certain roads &c. exempted from control of council.
389.
Fines &c. under this Act to be paid to borough fund.
390.
Superintendent may extend any of the parts of this Act to any incorporated city or town.
FIRST SCHEDULE
Names and boundaries of cities towns or municipal districts &c.
SECOND SCHEDULE
Declaration as to correctness of signatures affixed to petition. (Section 21.)
THIRD SCHEDULE
Form of burgess list for wards or boroughs. (Section 52.)
FOURTH SCHEDULE
Form of claim of person to have his name placed on burgess list. (Section 54.)
FIFTH SCHEDULE
Form of objection to voter. (Section 54.)
SIXTH SCHEDULE
Form of list of persons claiming to have their names inserted in burgess list. (Section 54.)
SEVENTH SCHEDULE
Form of list of persons on burgess list against whom objections have been made. (Section 54.)
EIGHTH SCHEDULE
Form of burgess roll. (Section 67.)
NINTH SCHEDULE
Form of nomination of councillors. (Section 83.)
TENTH SCHEDULE
Form of withdrawal of candidate at the election of councillors by nominator. (Section 89.)
ELEVENTH SCHEDULE
Form of voting paper for borough. (Section 99.)
TWELFTH SCHEDULE
Form of declaration of poll clerk or returning officer. (Section 92.)
THIRTEENTH SCHEDULE
Part I STREETS AND FOOTWAYS
(1.) Porticos Projections &c
1.
Interpretation.
2.
Erection of porticos.
3.
Height &c. of porticos.
4.
Regulations relating to porticos.
5.
Porticos erected contrary to bye-laws or regulations. Projections and obstructions.
6.
Porticos erected without violation of previous bye-laws. Projections and obstructions. Proviso.
7.
Repair &c. of porticos.
(2.)—Naming Streets and Numbering Houses
8.
Names of streets.
9.
Numbering &c. of houses.
10.
Malicious injury to name or number.
11.
Register of alterations.
(3.)—Spouts and Drains from Houses &c
12.
Spouts &c. Drains.
13.
Drains for discharge of surface water from land.
14.
Regulations.
(4.)—Crossing over Footways and Channel
15.
Crossing &c. footway &c. save by made crossing.
16.
Notice of making crossing.
17.
Specification.
18.
Immunity of person giving irregular notice in certain cases.
19.
Notice of crossing where there is a street-curb.
20.
Notice of crossing where there is no street-curb.
21.
Departure from notice &c. not punishable in certain cases.
22.
Council may alter improper crossing. Expenses.
23.
Crossings for private streets. Expenses.
24.
Council may alter crossings made before subdivision in force.
25.
Repair of crossings.
26.
Regulations.
(5.)—Deposit or discharge of rubbish liquid &c. on Streets &c
27.
Causing &c. offensive liquid &c. to flow on streets &c.
28.
Causing sludge to flow on street &c.
(6.)—Depositing Building Materials Excavations &c
29.
Unlawful depositing of building materials in street.
30.
Notice of intention to build &c.
31.
Penalty for commencing &c. work without notice.
32.
License for depositing materials scaffolding &c.
33.
Hoarding and fence.
34.
Penalty for not putting up lighting &c. hoarding.
35.
Removal of scaffolding &c.
36.
Street &c. not to be obstructed &c.
37.
Council may remove &c. in certain cases and recover expenses.
(7.)—Lighting &c. of obstructions generally
38.
Persons laying materials or making hole whether by authority or not to light &c. same.
39.
Penalty in like case for non-removal.
(8.)—Houses &c. encroaching on Street &c
40.
Houses built so as to encroach on street.
41.
Houses previously built and unlawfully encroaching on street.
(9.)—Obstructions to Streets &c. by Cattle &c
42.
Cattle at large on unenclosed land.
43.
Cattle at large in streets.
44.
Goats sold for trespass to be removed from borough or killed.
45.
Regulations.
46.
Breaking in &c. horses in streets.
(10.)—Miscellaneous
47.
Council may regulate driving near places of worship.
Part II WATER WORKS DRAINS ETC
1.
Polluting water reservoirs &c.
2.
Wilful waste of water.
3.
Damming up water without consent.
4.
Diverting water from reservoirs in council in certain cases.
5.
Shooting or fishing in or near reservoir.
6.
Obstructing &c. culverts &c.
Part III WHARVES ETC
1.
Application of this part.
2.
Regulations. Tolls.
3.
Offences by masters &c. of ships.
Part IV PLACES OF IMPROVEMENT AND RECREATION ETC
(1.)—Public Libraries and Museums.
1.
Misconduct &c. in library or museum.
2.
Regulations.
(2.)—Public Gardens
3.
Hours.
4.
Injury to things in gardens.
5.
Shooting &c.
6.
Driving carta.
7.
Supplying plants &c.
8.
Interrupting workmen.
9.
Children.
10.
Dogs.
11.
Regulations.
12.
Penalties.
Part V REGULATIONS ETC. OF BUILDINGS
1.
Regulations for buildings.
2.
Constructing &c. buildings contrary hereto.
3.
Buildings &c. heretofore unlawfully constructed.
4.
Buildings &c. heretofore improperly constructed but without violation of law.
(2.)—Ruinous or Dangerous Buildings &c.
5.
Notice to owner &c. of ruinous building.
6.
Justices may limit time for removal repair &c. And in default &c. council may do act.
7.
Materials may be sold.
8.
Land may be taken and sold in certain cases.
Part VI BUILDINGS ETC. FOE PUBLIC MEETINGS ETC
1.
Public buildings &c. to be registered.
2.
Certificate of registration &c.
3.
Inspection.
4.
Regulations.
Part VII FIRE PREVENTION
(1.)—Foul Chimneys
1.
Wilfully setting fire to chimneys.
2.
Negligently suffering chimney to be on fire.
(2.)—Deposit &c. of Inflammable Material &c
3.
Regulations.
4.
Stacks or coverings &c. in violation of or otherwise than required by regulation.
5.
Setting fire to matter without notice.
6.
Fireworks.
7.
Brush fences.
(3.)—Water Tanks on Private Premises
8.
Occupier of house to keep water.
Part VIII NUISANCES ETC
(1.)—Nuisances of various kinds
1.
Regulation as to keeping swine.
2.
Removing nightsoil &c.
(2.)—Private Slaughter-houses
3.
Licenses for private slaughter-houses where no public.
4.
Slaughtering in unlicensed place.
5.
Registration of slaughter-houses previously established.
6.
Regulations.
7.
Suspension revocation &c. of license &c.
Part IX MISCELLANEOUS MATTERS
1.
Regulation as to bathing
2.
Damaging trees.
3.
Removing soil &c. from public places.
4.
What shall be deemed a secure fence in case of goats.
Part X CARRIAGE OF PERSONS AND GOODS
(1.)—Passenger Vehicles.
1.
Prescribed space for licensing &c.
2.
Interpretation.
3.
Council may license carriages.
4.
Payments for licenses.
5.
Application for license.
6.
Inspection of carriage.
7.
Contents of license.
8.
Registration of license.
9.
Duration and effect of license.
10.
Owner changing abode to give notice.
11.
Number &c. of carriage to be marked thereon.
12.
Plying without license.
13.
Occasional inspection of carriages. Plying for hire with unfit carriage.
14.
Endorsement on license of route &c. for borough stage carriages.
15.
Drivers and conductors licenses.
16.
Acting as driver or conductor without license.
17.
Owner to hold and produce drivers or conductors license.
18.
Owner may in certain cases retain license of driver &c. leaving.
19.
Suspension and revocation of license.
20.
Number of passengers to be painted on carriage. And observed.
21.
Default in painting number. Carrying excessive number. Refusal to carry full number and luggage.
22.
Omission to drive hackney carriage as required.
23.
Carrying others without consent of hirer.
24.
Agreement for excessive fare not binding.
25.
Omission to fulfil agreement where fare stipulated for.
26.
Plying elsewhere than on standing and obstructions by driver of hackney carriage.
27.
Borough stage carriage plying elsewhere than on standing &c.
28.
Obstruction or misbehaviour by drivers &c. of borough stage carriage.
29.
Driver &c. of borough stage carriage not to carry person misbehaving &c.
30.
Furious driving &c. Damage to persons or property. Other offences.
31.
Compensation for damage done.
32.
Common standings for hackney and borough stage carriages.
33.
Order &c. of standing.
34.
Spaces to be left in certain cases.
35.
Statement of fares to be painted on carriage.
36.
Carriage lights.
37.
Lamps inside borough stage carriages.
38.
Property left in carriages.
39.
Entry and restitution &c. of lost property.
40.
Leaving carriage unattended.
41.
Feeding horses in street &c. Muzzles.
42.
Suffering another to drive &c. without consent of owner.
43.
Owner may be summoned to produce driver or conductor.
44.
Penalty for not producing driver or conductor.
45.
Compensation where complaint against driver &c. dismissed &c.
46.
Lawful fare how recovered.
47.
Wilful injury to carriage by passengers.
48.
Regulations.
49.
Joint regulations of boroughs having common prescribed space.
(2.)—Carts and Carters
50.
Prescribed space for licensing &c.
51.
Interpretation.
52.
Licenses for carts.
53.
Application for license.
54.
Numbering &c. of licenses and carts.
55.
Contents of license for nightcart.
56.
License of cart may be extended to hawking of wood or water.
57.
Plying for hire &c. without license &c.
58.
Registration of private carts.
59.
Penalty for not registering.
60.
Driver to hold and produce license.
61.
Owner to cause driver’s name to be written on license.
62.
Abusive language by driver.
63.
Omission to carry when required. Exacting excessive hire. Plying elsewhere than on stand.
64.
Leaving cart unattended &c.
65.
Feeding horses in streets &c. Muzzles.
66.
Wood or water cart standing at improper places.
67.
Water carter to have name &c. marked on premises
68.
Water carters to attend at fires.
69.
Compensation for attending fires. Rewards.
70.
Suspension of revocation of license.
71.
Lights for carts.
72.
Removing nightsoil &c.
73.
Regulations.
74.
Joint regulations.
(3.)—Boats and Boatmen
75.
Force and effect of bye-laws.
76.
Licenses for boats.
77.
Application for license.
78.
Inspector of boats. Certificate.
79.
Contents of license.
80.
Plying without license.
81.
Occasional inspection of boats. Suspension of license for unseaworthy boat.
82.
Transfer of license for boat lost or under repair.
83.
Boatman’s license.
84.
Omission to convey &c. when required. Carrying excessive number &c. Exacting excessive hire.
85.
Boatman to produce license and table of fares. Abusive language &c.
86.
Suspension and revocation of license.
87.
Regulations.
(4.)—Pedlers and Hawkers
88.
Pedlers and hawkers license.
89.
Trading without license.
90.
Penalty for breach of regulations.
(5.)—Porters
91.
Porters license.
92.
Plying as porter without license. Production of license &c.
93.
Omission to convey &c. when required.
94.
Suspension and revocation of license.
95.
Regulations.
Part XI REGULATION OF PROCEEDINGS OF COUNCIL OFFICERS ETC
1 to 5. General conduct of business.
6 to 11. Motions.
12 to 37. Order &c. of debate.
38 and 39. Lapsed questions.
40 and 41. Committees.
42 to 48. Petitions.
49 to 52. Appointments &c. of officers.
53 to 57. Miscellaneous.
FOURTEENTH SCHEDULE FORMS OF BYE-LAWS AND REGULATIONS (Sections 181 and 193.)
1.
Bye-law or regulation.
2.
Joint regulation.
FIFTEENTH SCHEDULE FORM OF RATE
(Section 210.)
SIXTEENTH SCHEDULE FORM OF VALUATION AND RETURN
(Section 216.)
SEVENTEENTH SCHEDULE FORM OF SPECIAL RATE
(Section 242.)
EIGHTEENTH SCHEDULE FORM OF DEBENTURE
(Section 251.)
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Bills of Sale Act 1867
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