City of Christchurch Drainage Debentures Act 1874
City of Christchurch Drainage Debentures Act 1874
City of Christchurch Drainage Debentures Act 1874
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City of Christchurch Drainage Debentures Act 1874
Public Act |
1874 No 43 |
|
Date of assent |
31 August 1874 |
|
Contents
An Act for declaring the validity of a certain Special Drainage Rate made by the Council of the City of Christchurch, and of certain Debentures issued on the security thereof.
Preamble.
WHEREAS under the powers of “The Municipal Corporations Act, 1867,”
and “The City of Christchurch Loan Act, 1871,”
the Council of the City of Christchurch have borrowed three several amounts of eight thousand pounds and six thousand pounds and also one thousand four hundred pounds, part of a proposed loan of twelve thousand pounds, for the purpose of meeting the expenses of the works in connection with the drainage of the said city, upon security of three several special rates made or intended to be made by the said Council on the eleventh day of March, one thousand eight hundred and seventy-two, the fifth day of May, one thousand eight hundred and seventy-three, and the seventh day of April, one thousand eight hundred and seventy-four, and have issued debentures charged upon the said rates for the said several amounts to lenders thereof respectively: And whereas it is apprehended that the validity of the said rates is liable to be questioned by reason of the proposition for borrowing the said sums having been considered by the Council before a sufficient number of days had elapsed subsequent to the second publication of the notice thereof in a newspaper circulating in the said city, pursuant to the directions of the said Acts in that behalf, and by reason also of the said special rates having been made, and the resolution for borrowing the said several loans on the security thereof respectively having been adopted by the same special order, instead of by consecutive special orders as directed by the said Acts: And whereas it is apprehended that the validity of the said rate made on the fifth day of May, one thousand eight hundred and seventy-three, is further liable to be questioned by reason of twenty-seven days only instead of four weeks having elapsed between the first and second of the special meetings of the said Council held for the making thereof as directed by the said Acts: And whereas the minutes of the special meetings of the said Council held on the fifth day of February, and the eleventh day of March, one thousand eight hundred and seventy-two, on the seventh day of April and the fifth day of May, one thousand eight hundred and seventy-three, and the ninth day of March and the seventh day of April, one thousand eight hundred and seventy-four, at which the proceedings incidental to the matters aforesaid were taken, appear to have been confirmed by the Council at the ordinary meeting of the said Council held in the weeks following the said days respectively, but do not appear to have been signed by the Mayor, as directed by the said Acts; and it is apprehended that the same are not admissible in evidence in manner provided by the said Acts: And whereas it is expedient that notwithstanding the matters aforesaid the said rates should be declared valid, and the said minutes made admissible in evidence to the extent hereinafter set forth:
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 City of Christchurch Drainage Debentures Act, 1874.”
2 Certain rates levied by Christchurch City Council validated.
The said rates respectively shall not be liable to be quashed or set aside by reason of any such omission or irregularity as aforesaid, but shall, so far as the same respectively may be affected by reason thereof, be and be deemed to have been, as from the making thereof respectively, good and valid rates to all intents and purposes in the law whatsoever: Provided that the same may from time to time, and at all times hereafter, be otherwise quashed or amended in conformity with the provisions of the said Acts.
3 Debentures to be a good and valid charge upon such rates.
The said debentures, and all debentures which may hereafter he duly and properly issued as a charge upon the said rates, or any of them, shall be and be deemed to be, as from the respective dates of such debentures, good and valid debentures, and well and effectually charged on the said rates respectively, anything in the said Acts or otherwise to the contrary thereof notwithstanding.
4 Minutes of Council may be received in evidence.
The said minutes shall, for the purposes of this Act, be received as evidence in all Courts, and before all Judges, Justices and others, in the same manner and to the same extent as if the same had been duly signed by the Mayor or person acting as Chairman in the manner required by the said Acts.
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Versions
City of Christchurch Drainage Debentures Act 1874
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