The Short Title of this Act shall be “The Bridges and Ferries Act 1868.”

The Governor may from time to time by Proclamation in the New Zealand Gazette declare this Act to be in operation in any County District or other Division of the Colony to be defined in such Proclamation not being within any Province and on a day to be fixed in any such Proclamation this Act shall come into operation within the County District or other Division named or defined therein as the case may be and not before.

In the interpretation of this Act the word “cattle” shall mean and include one or more horses mares geldings colts fillies bulls cows oxen heifers calves rams ewes sheep lambs goats kids or swine.

The Governor may subject to such conditions as he may think fit authorize any person to construct a bridge across any river creek or stream or to establish a ferry across any river creek stream or lake and to permit the maintenance of such bridge or ferry for such period as he shall think fit and the occupation for such period as he shall think fit of such portion of any highway or waste lands of the Crown as may seem to him to be necessary as a site for any such bridge or ferry and by Proclamation published in the New Zealand Gazette from time to time as occasion may require to make regulations either applicable to such bridges or ferries generally or applicable only to any one such bridge or ferry for the management of such bridges or ferries and the approaches thereto in the occupation of the person authorized to maintain the same and for the maintenance of such bridges and ferries in good repair and by any such regulations to fix and appoint the tolls to be levied on such bridges and the fares to be chargeable for the conveyance of passengers animals and goods by such ferries and what exemptions shall be allowed from the payment of any such tolls or fares and to make rules for the collection of any such tolls or fares and for preventing the evasion thereof and it shall also be lawful for the Governor from time to time to alter or revoke any such regulations.

Every person who shall cross or who shall cause any cattle to cross or who shall convey or cause to be conveyed any cattle or other animals or any cart vehicle or goods across any river creek or lake at opposite to or within one mile in a straight line from any point or station within any part of the Colony in which this Act shall be in operation at which a public bridge or ferry for the convenience of crossing such river creek or lake is or shall be established and at which any toll rate or ferryage is by law payable without availing himself of the use of the bridge or of the services of the ferryman or the use of the ferry boat or boats shall be liable for and shall pay to the keeper of the toll house or bar on such bridge or at which toll is payable by persons crossing or about to cross such bridge or to the ferryman (as the case may require) the toll ferryage or rate that would have been demandable in case such person had crossed or had conveyed such cattle or animals cart vehicle or goods across the bridge or had employed the ferryman to convey him or such cattle cart vehicle or goods across such ferry in the ferry boat or boats as the case may be.

If any person shall neglect or refuse to pay any toll or ferryage payable under the last preceding section of this Act or shall be guilty of any evasion or attempt at evasion of the payment of any such toll rate or ferryage every such person shall for every such offence forfeit and pay any sum not exceeding five pounds to be recovered by way of summary proceeding before two or more Justices of the Peace in the manner provided in and by “The Justices of the Peace Act 1866.”

The fifth and sixth sections of this Act shall not apply to any person who shall cross on foot or horseback or in any vehicle or in any boat or who shall cause any cattle to cross or who shall convey or cause to be conveyed any cattle or other animals or any cart vehicle or goods across any river creek or lake at or from any land in his occupation or in the occupation of any person in whose service he shall be unless such person so causing any cattle to cross or conveying any cattle animals cart vehicle or goods across any such river creek or lake at or from land in his occupation or in the occupation of his master shall do so for hire or reward or in the case of a servant of the occupier for hire or reward to be paid by some person other than the occupier.

It shall be lawful for the Governor from time to time by Proclamation to exempt from the operation of the fifth and sixth sections of this Act as regards the bridge or ferry to which such Proclamation shall be declared to relate such class or classes of persons and such kind of cattle carts vehicles or goods as the Governor may think fit.

Every bridge or ferry shall be deemed to be a public bridge or ferry as the case may require within the meaning of this Act which shall be proclaimed to be a public bridge or ferry as the case may be by the Governor by Proclamation published in the New Zealand Gazette.

It shall be lawful for the Governor in Council from time to time to delegate to such person or body corporate as to the Governor in Council shall seem fit all or any of the powers by this Act vested in the Governor except the powers conferred by the second section of this Act and except also the power of delegation and such delegations from time to time to alter and revoke.