MUNICIPAL COUNCILS BILL.

Lyttelton Times, Volume XII, Issue 722, 8 October 1859, Page 3

MUNICIPAL COUNCILS BILL.

(Continued from our last.)

14. Every male person of full age who shall under the provisions of this act be liable to be rated or assessed for any amount for or on account of any rate levied or assessed by any such council and whbse name shall appear on the ratepayers' roll as hereinafter provided shall be deemed a ratepayer, forthe purpose of any such election, and at any such election it shall be competent for any candidate or ratepayer to object to any person tendering his vote and before he has voted only on theground that such person is not a ratepayer'on the ratepayers' roll or h'asToted before at the same election j and on such objection beirig taken the chairman shall cause such vote to be registered, but shall at the s^me time make ra memorandum of the name of such voter; arid shall immediately after the close of such election search such' ratepayers' roll, arid if it shkll appear to the satisfaction of such chairman that such person is a. ratepayer according, to such roll and has not voted before at the same election such vote shall remain, but if suoh person shall not. bea ratepayer included in such roll-or shall have ?oted hefore:at the said election, such vote shall be ' Xls rigin dca6eof the death, or resignation, or of the absence from: the colony, or any other incapacity, for UoSr period than two months, of any member of any such "municipal conndil during the SS rency bf any year, some other P«**^M> elected to succeed to such vacancy; °^/™™ rules regulations, arid,proceedings in regard to the S to'oegiven, the manner of giving it,and every other particular shall be observed with refer-

ence to the election of any person to such vacancy as is herein set forth with reference 16' the "'election of a successor to any member :of council who may retire by rotation according to the provisions of this act; and- the person so elected shall as to his retirement by rotation- as hereinbefore provided be placed in the same position m the member whose vacancy such person shall so fill would have been. Provided: that every such notice shall ■he given twenty-one days at least previous to the holding-of any such election. >; „.,

16." Every •municipal council . shall" forthwith after the election of the chairman cause, to be collected the names and residences of every person who ; under this act may be liable to, be rated as hereinafter mentioned, in consideration of any house or- land, occupied or, held: by; such;.persons; within the boundaiies of the municipal district of. such, council, and shall: cause a list thereof. to be made a copyor copies' thereof tobe publioly exhibited onsome conspicuous part of one or more places of public resort within the said district; together with a notice1 of the time when and place. where the: municipal council will; attend to hear any objections that may be made to such list, arid.at thetiirie arid the place so named being some convenient locality within the boundaries of such municipal; district, . such council shall attend,enquire iritp.hear and determine any such objections, and the decision of such council shall be final and conclusive in regard to any or every;, objection made against such list, and. : the,saidilists when thus: settled: and revised shall be transcribed into a book .to be called the - Ratepayer's Roll, and shall be lodged with the-books and papers/of suchmunicipal council,and if at ;'any time after; the completion of suclr ratepayer's roll, any person 'not being, liable to be placed on such roll at the time of its completion shall thereafter ! become, liable to be rated; for"oron. account of any. j house or land occupied; or held, within such district, ;it shall be competent for such person to.apply to ; the municipal council to have his; hairie inserted:in jsuch ratepayers'roll, and if it: shall appear to the (satisfaction of such council, that such person was jnot-at.;the time of the1 compiling or making the. j ratepayer's roll as aforesaid liable to be rated, but ihas since become so1, and has in fact for the space I of .six months previous to such application been .so liable, such, council shall cause the name.of such applicant to be placed on the ratepayers',roll. ! 17. If such municipal,council shall consist of jfive or seven persons, then. three shall form: a quorum, and. in any case the act of such quorum ishall have the, same force and. effect, and; shall be considered as the act of the whole municipal council, and the chairman, of: such council, whenever present shall preside,:and if he be not': present;then the. members, in attendance shall choose as and in manner they may deem expedient some other member of the council to preside, and in case of an • equality of votes at any such meeting, .the chairman besides his own vote shall have a casting1 vote. '

I ' 18. The municipal council; shall appoint such officers.not being members of .the said .Council, as may be necessary for .carrying into execution the [various powers and duties 'vested in them by this , act with such salaries and emoluments ,as may seem '. jre.qui.site; and may.'dismiss;or : ,Suspend and appoint others in their.places,;and.may reduce or increase such salaries and emoluments in such manner and at such times as such Council shall see fit, and shall pay and defray out of the rates] tolls, dues of . ptlierfurids at the-disposal of such municipal Coun- ; cil such salaries or empluinentsaiid such 'experi'ses jks may necessarily have beeri; incurred' in the due execution of their office as members of Ithei said 'Council, and also, all necessary sums expended by such;municipal council in or about the election of any; members of such Council, arid also of. ariy;pub-lic'meeting-called by such Councilas $ell;as their necessary v expenses incurred for*, the -duly; carrying but -of the: first... election : of members :i ofythe said •■ Com<iiL-*::>?}y'^-'y.^\^ y-^v .19. It shallbe competent for the Council of any municipal district to make by-laws fbtfibe1 regulation of their own proceeding, the collection of their rates, the prevention and extinguishing of fires, the suppression of nuisances and houses of ill fame, compelling residents to ■ keep. their, premises free from offensive oi\unwholesome matters, the regulation and licensing of porters, public carriers, carters and water drawers, the regulation of markets, market ;dues, fairs and sales, the preservation of .public decency and public, health, the restraining noisome and offensive trades, and the general good rule and ' gcod government of such municipal district. 20. Every such municipal council shall have the care and management of the roads, public' streets, paths, wharves/jetties, piers, and public thorough-, fares, and. shall adopt such means as may seem to them desirable for the establishment .arid management of public cemeteries, the preservation of the health of the;public, the care and maintenance.qf the destitute, poor; and sjck> theiisecuring the necessary supply; of water for domestic or sanitary purposes, and shall and may form/ cleanse, repair, and maintain in effectual operation the sewers and drains of the district, and shall and may make such by-laws for carrying out these objects as also for the lighting of such municipal clistrict as shall io such council seem fit subject, to.the provisions hereinafter contained. .'■.-'

21. The expenses of maintaining and repairing the streets, and ; of cleansing, • repairing, and maintaining in effective operation the sewers and.drains of the town or district, of the payment of officers emnloved, and the expenses incurred on account of or enuring to the common benefit-of the town or district, shall be defrayed by a general rate,; and be called " the General Municipal District Rate." 22. The expenses of making any street, or making any new or altering, improving, closing; or destroying any old sewer or drain, or effecting any other local work or improvement of a permanent nature for the benefit of the; district, shall.-be.de-frayed by a special rate or rates, to he called the Special Municipal District Rates," of such amount as -■ will be ■ sufficient to discharge the amount of such expenses and interest thereon, within such period not exceeding five years, as the council shall in such case determine. Provided always that in all cases in which any sum or sums of money shall have been or may be granted by the Superintendent and Provincial Council, for or on account of any special work within the said'district,.the same shall be carried to account for such work, arid the special rate or rates shall be levied'for the balance;imly,.if any, of such expenses aforesaid.' " ■ V-' 23. The rates shall be assessed upon lands; buildings, or tenements, and in such manner and according to such valuation thereof as the council may determine. Provided; that no such ' general rate or rates shall in ahf fme year exceed the sum of one shilling in the pound of such value, or m the case of a 'special' rate, shall not exceed tor a like period the sum of two shillings in the pound of such value. .' : .'".•','" •v----:24 The rate, whether 'general -or special, shall be paid by the tenant Pr occupier of the land or premises, or in case there shall be Uo tenant or. occupier, by the proprietor thereof. Provided that any 'special rate so paid in full >y any tenant or occupier shall be recoverable by him'fromthe pro*, prietor of -such land or premises as money paid, to his use- or the same may be deducted from or set off against ihe rent then due or,,thereafter to become due. Provided always that it shall -not be lawful for any council to impose;Or levy arty rate whatsoever on: any land-or premises belonging to or in the occupation ,of her Majesty or the Provincial Government. . •-.' / '„ _ „ 25. Previously to levying any. rate, the .Coitncil shall cause a written or printed statement t,o be posted in some conspicuous place w.tlnn the district,. Stin- forth the amount, of rate to be levied, with

a list of the names of the persons liable for the payment-thereof, with the sum payable by each of i such persons, and the property in respect whereof i the same shall be payable and to such statement : shall subjoin a notice that all objections thereto1 i will be heard and determined by the Council at a time and place to' be in such notice mentioned, such time being not less than fourteen days from the I date of such notice, and the Council shall hear and | determine such objections accordingly, 26. The Council shall appoint a fit person or j persons to collect the rates, and Ishall take security from every collector for the due execution of his ; office ; which security shall be to the amount of i the sum: likely to be hi the hands of the Collector 'at any one time, and shall be by bond or otherwise i as .the Council may determine. j 27. All, rates shall be recoverable at the suit of jany collector;by summary proceedings. . ; 28. In case:.any. rate or part of a rate levied : upon any tenant, occupier, or proprietor shall.' j remain unpaid for a space of twelve months, it ishall be lawful for any justice of the peace after. itwenty, days notice shall have been given to pay ■such rate or part of rate, and on proof of such j notice having been served personally on such itenant, occupier, or proprietor, or having been left !on the premises; for which such rate shall be due ior at the last known residence of such tenant, ■ occupier, or proprietor, to issue his warrant for; the levying of the amount of ■ such rate by distressland sale of the. goods and.chattels of such tenant, occupier, or proprietor, and where the proprietor shall not occupy such premises, and the tenant or joccupier of such premises shall fail in the payment !of any rate, and goods and chattels shall not be found belonging to any such tenant or occupier sufficient for the payment of such. rate, such proprietor shall be liable to the payment of the whole | of the rate and to all proceedings for the recovery. : thereof as if he were the proprietor in occupation of I such premises, and any such unpaid rate shall be 1 and remain a charge upon the premises ior which such rate is payable, and may be recovered at any time after the expiration of twenty days' notice to the occupier thereof by distress and sale of any goods or chattels, that may thereafter be found upon such premises in the same manner and by the same authority, as.if. the occupier of such premises had himself been liable to the payment of any such i rateso remaining unpaid, and the production of the I receipt for such over due rates paid by or levied from such tenant so .-.rendered liable for any rates j due or having, accrued before the commencement of the tenancy shall be a good and sufficient discharge j for the amount so. paid or levied in payment of rent j to the landlord subject to the provisions hereinbefore, contained as to the., right of a tenant to make deductions for a moiety of the said rent.:

I 29. No' such by-law rate or assessment shall have any force or effect until the Superintendent shall under his . hand, have signified his. assent thereto, and it shall be competent for the Superintendent to give or withhold such assent as to him shall seem desirable, and when such by-law rate or.' assessment shall. have been consented to, the Superintendent shall cause publicity to be given thereto by proclamation in the Government Gazette of the, province... ■ "'.'.'

30. Nothing herein contained shall authorise the interference by any such municipal council with any public road, cemetery, market, wharf, aqueduct, or any other public work, place or building, of what description soever, not erected formed or constructed by such municipal, council that may be excepted from the jurisdiction of such municipal council by any proclamation made or to be made by the Superintendent ■■ or respecting which' provision shall have been or shall" be made by any act or acts of the Provincial Council. All main or public sewersand drains within the town, whether existing at the time when the council shall be constituted or .made at any time' thereafter, and all: materials thereof, and for making arid repairing streets" and of works in progress of every description, or: brought upon or near to any works in progress for the purpose, of being used thereon,:shall vest in and belong to and be under the management and control of such council, neither shall anything herein contained be construed to authorise the council contrary to or-inconsistently with any private right to use, injure or interfere with any sewers or other works made or used for the purpose.of draining, preserving, improving or irrigating land,.or to use, injure or interfere with any watercourse, stream or river in which the. occupier or owner of any. lands, mills or machinery shall have a right or vested interest without consent'in writing, being first obtained.

31. Each by-law so to be made as aforesaid by any such municipal council shall state some maximum penalty for any neglect or breach thereof and , such penalty shall and may be awarded,, measured, recovered, and distributed by summary process before any two or more justices of the peace having jurisdiction within such municipal district. Provided that the maximum of any such penalty so to be inflicted under the authority of any such by-law shall not exceed fifty pounds. 32. The council'shall from time to time, subject to the restrictions herein contained, as to the notice to be given, and the plans and estimates' to be prepared, cause to be made such main drain and other sewers as shall be necessary for the effectual drainage of the town ; and also all such reservoirs, sluices, engines, and other works as shall be necessary for cleansing such sewer, and if needful carry such sewers-through and across all underground cellars .and vaults under any of the streets, doing, as little damage as may be, and making full compensation for any dairiage done; and if for completing any of the' aforesaid works it be found necessary to carry them into or—through' any enclosed, lands, the council may carry the same into or through such lands accordingly, making full compensation to the owners or occupiers of any. enclosed^ land.. '^It may also cause: such sewers to communicate, with and; empty themselves into the sea, or any public stream; or river beyond the'limits of the town;or cause the refuse of such sewers to be,conveyed by a proper channel to the most convenient site for its collection and sale for agricultural .or. other purposes as may be deemed most expedient) but- so that the same shall in no case become a. nuisance j provided always that in making any such' main and other' sewers, or in repairing, reconstructing, ot enlarging the same "or any existing drains, or sewers,-the contents at present ■carried into any existing outlet shall not be diverted.therefrom to the prejudice of any actual existinglegalright. .33. The conned shall from time to time repair and. as it seesfifc enlarge, alter, arch over, or otherwise improve .all or. any of. the sewers vested in it. It may demolish or. discontinue any sewer which' may appear to it to have become useless, provided that it be so done, as not to create a nuisance. In . any Case in which it.may appear to. the satisfaction of the council that the 'levels of any. town are/so little renioved above high water mark, or where there may notbecdnvenient access to.the.sea,qr to any tidal river, or when the effect of directing the.refuse of any sewers into.such streams may be injurious to the health of, the inhabitants of any town, it shall be lawfnijfor^such council to direct that the refuse of everl house, whether night-soil, dung, ashes/ or other filth arid rubbish, shall be poriodi-.. cally deodorised, and conveyed^ at least oncei in evei l y _, months to some convenient place provided for its deposit!' It shallnot.be lawful for. any privy or! cesspool tor be erected or constructed upon any gravel stratum. •■ ;' '••' '. ? '84 The council- shall, for all the purposes of this ordinance, have power by itself or its officers to enter, at all reasonable hours in the daytime in-.., to and upou any lands, buildings, and premises

■■■■■■■■■■"■^■"^■■■■■■■^■■■ibiiiii mMmtmMm.>*maa within the town, as well for the purpose of insppcsion as for the purpose of executing any work iauthorized by it to be executed, without beino- liable ■to any legal proceeding on account thereof .-"provided always that except when herein otherwise provided, the council or it's officers shall not make any such entry unless with the consent of the occupier, 'until after the expiration of twenty-four hours' notice for that purpose given to the owner or occupier.

85. The council may stop up any street, and prevent the same from being used as a common thoroughljye for a reasonable time during the execution of any work authorized by this ordinance.

36. lhe council shall, during the execution of any work, take every proper precaution for guarding against accident; and-every person who takes down, alters, or removes any bar or chain, or other protection, or extinguishes any light placed at or near to any work for protection without the authority or consent of the council, shall for such 'offence be liable to. a penalty not exceeding five pounds. ° : 37. The council may frome time to time provide places convenient for the deposit of the night soil, dung, ashes, and other filth, and rubbish to be collected under the authority of this ordinance; and for stabling and keeping all horses, carts, implements, and other things required, for the purposes pfthis ordinance, and for, any of such purposes the Council may purchase or hire any lands or buildings by it considered necessary, or it may cause any new building to be made upon any lands which shall be hired or purchased by it under the provisions of this ordinance.

38. Twenty-eight days at least before fixing the level of any street which shall not have been hitherto levelled, and before making any sewer where none was before or altering the level or course, or abandoning or stopping any sewer, the council-shall give notice of its intention to perform any such, work by posting a printed or written notice on a conspicuous place at each end of every such street, through or in which such work is to be undertaken, in which notice shall be set forth the name or situation of the street intended to,be levelled, and the names of the places through or near which it is intended that the new sewer shall pass, or the existing sewer be altered or stopped up, and also the places of. the beginning ; and the end thereof, and shall refer to plans of such intended work, name of place where such plans may be seen, and a time when and place where all persons interested in such intended work may be heard thereupon.. 39. Before giving notice of its intention to construct any work of which by this ordinance it is required to. give notice, the council shall cause plans of the. intended work to be made on a scale riot less for a borizontal plan, than one inch to. eighty-eight feet, and for a vertical section not less than one inch to. two feet,;and in case of a sewer, shewing the.depth of such sewer below the surface of the ground, which plans shall be deposited in the office of the council, or some other convenient place, and shall- be open at all reasonable hours for the inspection of all persons interested therein during the time from which such notice is required to be given. 40. The Council shall meet at thetime and place mentioned in the,notice, to consider in the presence of its surveyor any objections made against such intended work, and all persons interested therein or likely, to he aggrieved thereby, shall be entitled to be heard before the Council at such meeting, and thereupon the Council may in its discretion abandon or make such alterations in the intended work as it may judge. fit, and no such work to which any objection is made at such meeting shall be executed unless the surveyor of the Council after theperson making such objection or his agent has been heard shall certify that the work in his judgment ought to-be executed.

41-. Before any contract for-the execution of any works under the provisions of this Ordinance to the amount of one hundred (£100) pounds shall be entered into the Council shall obtain from its surveyor an estimate in writing as well of the probable expense of executing the work in a substantial manner, as of the annual expense of repairing the same, and also a report as to the most advantageous mode of contracting, that is to say whether by contracting for the execution of the work only, or for executing and maintaining the same in repair during a term of years or otherwise.,' 42. Before any contracts, to the amount of one hundred. (£100) pounds and upwards shall be entered into thirty (30) days' notice at the least shall be given in one of the newspapers published in the town, or if no paper be published in the town, then in one of the newspapers published in the town of Christchurch expressing the object and purpose of such contract, in order that any person willing to undertake the same may tender for that purpose to the Council at a certain time and place in such notice to be mentioned, and the Council shall take security forthe due performance of such contracts.

43. The Council may compound and agree with any party who shall have entered into any contract, under the authority of this ordinance, or against „ whom any action or suit may be brought for any penalty contained in any such contract, or in any bond or other securities for the performance thereof,, or for or on account of any breach or non-perform-ance of. any such contract, bond, or security forv . any sum of money or rather recompense as the? Council may. think proper. •• 1 44.. If any person by meansof any enlargement* alteration, or discontinuance of any sewer or otherproceeding of the Council be deprived of the use of any sewer or drain which such person was theretofore lawfully entitled to use, the Council; shall pro-. vide" some other sewer or drain equally effectual for such purpose, and if "the Council refuse or do not;. within seven .days next after notice in writing: served upon it, begin arid thereupon diligently proceed to restore to its former effective state suclis drain or sewer, the rise whereof has been effected; by the acts (of the Council, or to .provide' such other sewer or .drain as. aforesaid, it shall forfeit to the-, person aggrieved any sum not,, exceeding forty shillings for every day after the expiration of such seven, days^ during which.he is-deprived of the useof the drain or sewer to which he was so entitled,, and is not provided with such other drain or sewer as aforesaid, , 45Y,Every person .not being employed.for thepurpose by the Council who shall make any dram into any of the sewers or drains so vested m theCourieil- shall: forfeit to the Council..:a.sum not ex- v ceedirig' five pounds; and the Council;.may causesuch" 'Branch drain to be re-made as it thinks fit, and all the-expense incurred thereby shall be paid by the person making such branch drain, and shall be rfcoverabl'e by the Council as. damages. 46, No, building shall be erected over, any sewer beloriging to the'Coiincif, without the consent o? the Council' first obtained in writing., and all vaults, arches, and cellars, shall lie substantially made, and so as not'to interfere' or. comnlunicate'with any sewers belonging to the Courieil'; and if, after the . operation of, this ordinance, any building is erected in any town, or any vault, arch, orcellar,be made therein, contrary to the provisions herein contained, the Council may demolish or fill rip. the same, and • • the expense incurred thereby shall, be paid by the ■ person erecting such, building, or making' such vault, arch, or cellar, arid shall be recoverable as©--. • damages. . • ; . 47. Allsewers and drains withinthe town, whether public :0r private,'shall be provided by the . ;v Gomlcil ov Other persons to whom they sejewdly • --. belong, with" proper Straps ,or other .covering iov, ,- v .means'ofv'entilation'so as to prevent.sfeiich. ■.