Provincial Council.

Lyttelton Times, Volume XII, Issue 723, 12 October 1859, Page 2

Provincial Council.

, MUNICIPAL COUNCILS BILL

(Continued from our last.)

48. Any person being the owner or occupier .of any land,3 beyond the town,and in respect of which he would not be liable to the payment of the rates authorized lo be levied under this ordinance, may with the consent of the council, first obtained in writing, and upon payment to them,of a reasonable sum of mpney to be agreed upon, between them, at his own expense, and under the superintendence of the surveyor of the council, cause to branch into and to communicate with any of the sewers belonging to the council any sewer or drain in respect of tlie said property which may be lawfully made' therefrom in such size and in -such, manner and form of communication as the council may approve of. Provided.always that nothing in this ordinance contained shall affect any right theretofore acquired by such owner or occupier to use any of the sewers or drains belonging to the council. _ ■ 49. The council may give notice to the occupier of any house or building to remove or alter any; porch, .step, fence, or any'other- obstruction or projection erected or placed against,or in front of any house or building within the town and which is an obstruction to the safe and convenient passage along, any.street, or any encroachment thereupon, and such occupier shall within ten days after the service of such notice upon him remove such obstruction; or alter the same in such manner as shall have been directed by the council, and in deTault theieof, shall be liable to a penalty, not exceeding forty shillings. ■ And the council in such case may remove such obstruction, projection, or encroachment, and the expense thereof shall he paid to ttie. court oil by the occupier so making default.'

50. No cellar or vault shall after the operation, of this ordinance within any town be made under any street, nor shall any opening be hereafter made in any street or footpath to make an entrance to any cellar or vault. 51. The Council may order the owner or occupier of any house or building, in, adjoiningj or near to any street, to put. up and keep in good condition a gutter pipe, or trough to convey the water from the roof thereof in such manner that' the -water from the roof therefrom shall not fall upon the persons passing along the street, or flow over the footpath, and in default of compliance with any such order within seven days after service thereof, such owner oroe'eup'er shall be liable to a penalty not exceeding forty shillings, for every day that he^ shall so make default.

52.; If any building or wall or anything affixed thereon witlnn the to wnbe deemed by the Surveyor of the Council to be in-a state dangerous to passengers,' or to the occupiers of the neighbouring buildings, such surveyor shall immediately cause a proper board or fence to be put'up for the protection of passengers, and shall cause notice in writing to be given to the owuer of such building or: wall, ; if he be known and resident within the town, and shall also cause such notice to be put on the door or otherconspicuous.part of the said premises, or otherwise to be e;iven to the occupier thereof, if an}', requiring such owner or becupiev.forthwith to take down, secure, or repair such building, wall or ocher thing, as the case shall require, and if such owner or occupier do hot begin to repair, take down, or secure such-building/wall brother thing within the space of two days after any snch notice has been so given or put up as 'aforesaid, and complete such repairs or taking down or securing as speedily as the nature of the case will admit; or if no owner or 'occupier can be found on whom to serve such order, the Council shall with all convenient speed cause all or so much of such building, wall,-or other thing as shall be in a dangerous condition to be taken down or otherwise secured in such manner as it shall,deem requisite, and all'the expenses of "putting up such fence and of taking down or securing such building, wall, or other thing, shall be paid by the owner thereof.

53. If any such house or building as aforesaid, jor any part of the same be pulled down by virtue of the powers aforesaid, the Council may sell the materials thereof, or so much of the-same as shall be ' pulled down, and apply the proceeds of such sale in payment of the expenses incurred in respect of such house or building, and restore any surplus to the owner of such house or building on demand • nevertheless, the council, although they sell such materials for the purposes aforesaid, shall have the > same remedies for compelling the payment of so much of the said expenses'as may remain due after the application of the proceeds of such sale/as are hereinbefore given to themfbr compelling the payment of the whole of the said expenses. 54 No house or building within the town shall be built upon a lower level than will allow of the drainage of the waste and refuse of such house or building into some .sewer belonging to the council, either then existing or marked out upon the map, herein directed to be made by them, or into the' sea, or some public stream or river into which the council is empowered to empty its sewers.

65.. Whenever any house is built within the town, the level of the cellar or other lowest floor of such house shall be raised sufficiently to allow of the construction of snch a drain as is hereinbefore provided ; in the case of houses to be built after the operation of this ordinance,'and whenever any house is taken down to or below the roof of the floor commonly called the ground or street floor, for the purpose of being, built up again, such, building shall be deemed a re-building within the meaning of this ordinance.

56. Before laying out any new street, beginning to build any house, or to rebuild any existing house within the town, the person intending to'lay out such street, to build or rebuild such house, shall give to the Council notice thereof in writing, and shall accompany such notice with a plan showing the level at which such street or the foundation of such house is proposed to be laid by reference to some level ascertained under the direction of the

council

57. Within fourteen days after receiving. such notice the council may signify its disapproval of the level at which it is proposed to lay such street or the foundation of any such house, and in case of such disapproval may within the said fourteen days fix the level at which the same is to bo laid. .; !

• 58. In default of sending such notice and plan, or if such new street or building be begun or made at any level different from that fixed by the council within the said fourteen days, or in any other respect contrary to the provisions of this ordinance, tlie council, may if necessary, cause such new.stre"eb to be altered or such building to be altered--or demolished as the case requires, and the expenses incurred by the council in respect thereof shall, be repaid"to it by the person failing to comply with the provisions aforesaid, aud shall bo recoverable as damages. . . ;■ . ; -.

59. Provided always that if .the council fail to signify in writing its approval or .disapproval of the level shewn on siioh plan as aforesaid^ within li days after receiving such notice ."and .plan, us aforesaid, the person giving snchSibticemUy notwithstanding anything herein contained, proceed' to, lay out and make the street, or build or .rq-bnild" tlio house therein referred to according to the level shown on'such plan. Provided that such building or re-building bi3, otherwise .m accordance with the provisions of this ordinance.

60. The owner or occupier of any house shall provide the same with a privy to the satisfaction of the council, within one xnonth next alter notice in writing for that purpose given by the council to him, and in default thereof, the council shall cause such privy to bo provided, and the expense incurved

thereby shall be recovered from auch owner o r occupier.

Cl. All drains, as well within aa without the premises to which they belong, and all privies am] cesspools within the town shall be under the survey and control of the council, and shall b» altered, repaired, i and. kept in proper order, and cleansed at the coats arid- charges' of"the owners or occupiers of the premises to* which the same belong or for the use1 of which they are constructed or con' tinued, and it shall be lawful for the council to make such provisions as it shall think fit for the due removal of the refuse of each house within the town by the occupier of such house. 62. The surveyor bfthe-cmincil may inspect any drain, privy,.or cesspool within the town,and f or that purpose/ at all reasonable times in the day time after twenty-four-hours' notice-in---writing1 to <ho occupier of the premises to which such drain, privy] or cesspool i»- attached, may enter upon any pre' mises with bucli assistants andjw.orlarfenCasiare necessary, and cause, the. ground to be opened where he thinks fit,.doirigv as little damage- fs may be, and if such' drjiin,'privy, or.pesspool.be found to,be in proper order and condition^" he 'rihallcaiise'ihe ground to be, closed and :ma3e good as soon as may be, and the.expense of opening, closing; and making good siicli "drain","privy,'or 'cesspool, shall in that ciiso be defrayed by the courtcil..

63. The owner or occupier of every house, building, .or ground to,.wliich any^private drain, privy, or cesspool may belong, shall,-upon being required so to do by the council, forthwith repair and clean; c such driiin/privy,;oti;cesspodl,under;the,inspection and to the ssitisfiiction of the surveyor or other proper, officer of the council, and if such owner or occupier shall refuse or neglect for the space of seven days nextjifter notice requiring him so to do shall have been given to him' or left for him, at or upon any such house,-building, or ground, to repair or cleanse such drain,^privy^ or" cesspool, in. the manner aforesaid, it shall belawful for the council, and it is hereby empowered to: cause the same to be repaired and cleansed, and.to recover the expenses incurred thereb}' from tlie owner or occupier of such house, building, or ground; 64i. If; any such drain, privy:,-or.cesspool, be 0:1 inspection found to have been constructed after the operation of this; ordinance, within the town, contrary to the .directions and regulations of tlie council, or contrary to the provisions'of this ordinance, or if any person without the consent of the council shall construct, rebuild,- or unstop any drain,* pi? vy, or cesspool, which, lias been _orJered,_by._it...tQ..be demolished or stopped.up, or not,to be made, every person so doing; shall be liable to a penalty not exceeding .five -pounds^ and the-couneilinayciuse such amendment or alteration to be made in any such drain, privy, orf cesspool, as it thinks fit, and the expense attending -any such amendment or alteration shall 'bp paid; by the person by whom such'sewer was improperly.'constructed, rebuilt, or altered, and.shall be recoverable from, him, as damages

65. In all'cases where any house or building situate, within the town shall at'''any time be found not to be drained by a sufficient drain communicating with a sewei?,-and emptying itself into the same,'to the : satisfaction of tlie' Council, and if a sewer of a.sufficient size- under the jurisdiction of th& Council.shall, .pass within one hundred feet of any such house or building on a lower level than such house or building, the council may by notice in writing, require, the owner of such, house or building forthwith,.or-within such reasonable time as shall.be appbirite.d by, the council, to .construct or make from- such house or'building into the nearest common, sewer a covered drain of such materials,,of such size, at such:level, and with such fall as shall be. adequate for the drainage of such house or building, and also; if required by the surveyor.of- its .areas, water closets, privies, and. offices if any ; and to carry and convey the soil drainage and .-wash, therefrom into : the said-, sewer, and to provide a fit and proper trap affixed to the mouth of such- drain, to the satisfaction of the council, and if the owner of such house or building shall neglect or refuse- during twenty-eight days after the .sai.d notice shall have been delivered to suih owner, or left at such house or'building to construct such drain, or shall thereafter fail to carry it on and'complete it with all: reasonable despatch, the board may, and it is hereby empowered to cause the-same to be-constructed-and-made, and to recover the expenses to be incurred thereby.

68. If at any time the" officer of health or two duly qualified medical practitioners shall certify under his hand, or their respective hands-to the council, that any stagnant water or accumulation of dung, soil, or filth, or other noxious or offensive matter within the town ought to be" removed as being injurious to the health of the inhabitants, the clerk of the council shall forthwith give notice to the owner or occupier of the land where the same may be, to remove it forthwith.

67. No pers-on shall keep any cow or pig in any cowhouse, sty, or other place where it shall be ascertained by competent medical evidence that the keeping of such cow or pig in such place is injurious to the health: of the neighbourhood, and the Council shall have ordered suchplacenotto beusedoroccupied in such manner.

68. No person shall suffer any waste or stagnant wafer to remain- in any cellar or other place, or allow the dung or soil of any stable, cowhouse, or pigsty, or other refuse matter to accumulate within or upon any premises belonging to or occupied by him within the town,.so as to be ii nuisance. Eye:y person who shall continue to keep any cow or pig in any place injurious-to the health-' of the neighbourhood, or who shall' suffer any such ' water; "dung, soil, or refuse matter as aforesaid, to remain for forty-eight hours, after receiving notice-from■ the Council to remove the same, and every person who shall allow the contents of any privy or cesspool to overflow, or soak therefrom to the annoyance of the occupiers of any adjoining property shall for.every such, offence be liable ton penalty not exceeding forty shillings,- and to a further penalty not exceeding twenty shillings for every day during which, such nuisance continues. ' The Council may drain, cleansej and remove any stagnant pools, ditches, or'ponds of water within the town, and abate any such nuisance as aforesaid,-and for that purpose may enter by their officers and workmen, into and upon any premises .within the town, at all reasonable times, arid do nil necessary acts for any of the purposes aforesaid, and the expenses incurred thereby shall be paid :by the person committing such offence, or occupying the premises whence such annoyance proceeds, and if there be no occupier, by the owner of such premises, and shall be recoverable,as'damages, . "'..

[ 69. If the dung- or soil of any stable, cowhouse or pigsty,- or other collection of Vefttse'matter elsewhere than in any farmyafd.bo at any timo allowed to accumulate the town for more than twenty days, or for more than seven days after a quantity exceeding one ton has been collected in any placo not allowed by the council such dim?, soil, or rpfuce, if not removed within forty-eight hours after notice Sroin any officer of the commissioners for that piniose, shall become thppropM'ty of the commissioners, nd they or any person with whom they have at thai tim.e any subsisting contract for the removal of relW, may enter upon the premises and remove the same, and may sell and dispose of the same; and tho money thence arising shall bo applied towards the purposes of this ordinance.

70. "If at any time the officer of health, or if there ho no officer of health, any two duly qualified medical practitioners oeitify under his or their hands to the council that any house or part of any house or building within the town is in such & filthy or unwholesorae.coadition that tl*e, health of t&e in*

mates or.of the neighbours is thereby 'affected ]{ or endangered; or that the whitewashing, cleansing, orpurifying of any house or, building, or any part thereof, would tend to prevent or check infectious or, contagious disease therein,, or. that any drain privy, or cesspool is in such a dofective state that the health, of the neighbours is thereby affected or endangered thecouncil shall order the. occupier, of such house or part thereof to whitewash, cleanse, and purifiy the same, and. the owner, of such drain, privy, or cesspool, to amend- the condition thereof iv such manner and within such time as thecouncil may deem reasonable; and if such occupier or owner do not comply with SU ch order he shall be liable to a penalty npjb exceeding ten shillings for everyday^ neglect thereof; and in such case the council may cause such house or any part thereof to be whitewashed, cleansed,, and -purified,"-or.- the condition of such drain,:,privy, or cesspool to he amended, and may recover the expense thereof from such ocfcupieii or owner in the same manner as damages;, . : .

71. Any such municipal council shall have power to borrow by way of mortgage or otherwise on the credit of land, funds, or income, to which it may be entitled, any sum or sums of money that maybe required for the purpose of making, carrying on, or •completing, any permanent improvements that may ■directly, benefit the; municipal district for which such Council has been elected, but in no case shall the sum or sumsso borrowed exceed in the whole

5 the estimated revenue of such municipal corporation ?for the'period of three-years* provided that no moneyshallbe;borrowed byanysuch municipal counicil until the express sanction in writing of the Superintendent and Executive Council has been ob-tained,-not only for the amount to be borrowed, but also for-the works or improvements upon which it is purposed to expend the. sum or sum so to be raised.

72. Any such municipal council shall have power to lease or farm out, any tolls, dues, land, or other real estate, or any other source of income (excepting any general rates payable under this ordinance) which may at any time belong to such council for the benefit of the municipal district, so that no such leasing or farming of any such tolls, dues, land, or other real estate, or any other source of income, shall be for a longer period than three years. ( 73. It shall be' lawful for any officer or person appointed by the. Superintendent at any reasonable time'to. go in upon or about any works or improvements carried on by any such munici pal council, for the purpose of inspecting the same, and reporting thereon if at any time the municipal council of any such districtas aforesaidshall have received any pecuniary aid. from the public revenue for the erection or completion of any such work or improvement, "whether such aid. shall arise from money advanced or from any land or other endowment, or if such ' council shall, by leasing any real property or by borrowing .any money upon any guarantee whatever, have raised any funds for the erection or com? pletion of any particular work or improvement, then and in every such case no such work or im-

improvement shall be commenced or proceeded wjth until the consent of the Superintendent <md Executive Council shall have been obtained, nor until plans and specifications of all such works or improvements shall have been submitted to and approved of by the Superintendent and Executive Council, ••and the Superintendent shall haveauthorityto appoint any engineer or other person to inspect all •such works and improvements during their pro•gressand report thereupon, and in case it shall appear? by any such report that the works or improvements are not beingcarried on in accordance with the plans and specifications so approved of as aforesaid, it shall be competent for the Superintendent t6 order such works,or improvements to be forthwith stopped, and to make such further order in -the matter as he may see fit. ■ 74. For the purpose of defraying any costs, ■charges, and expenses incurred or to be incurred by -any,., council in the,execution of any works of a permanent nature under this ordinance, such counqil may borrow and take up at interest on "the -credit of the rates authorised to be made or collected, for such work or works, any sums of money necessary for defraying any such costs, charges, afiid expenses.

■ 75. Every mortgage shall be by deed, in which the consideration .shall .be.duly stated and shall be executed by any three commissioners, and may be according to.the form in the schedule to this ordinance annexed, or to the like effect.

.76. The mortgagees shall be entitled one with another to their respective proportions of the mortgaged rate, and to be repaid the sum advanced with interest, without any preference one above another, by reason of the priority of advance or of the. dates of any mortgage. ■' 77. A register of mortgages shall be kept by the council and within seven days after the date of any mortgage an entry shall be made in the register of the number and date thereof, and of the names of description of the parties thereto, as stated in the deed, and every such register shall be open to public inspection during office hours at the said office, -without fee or reward.

78. Any person entitled to any such mortgage may transfer his right arid interest therein. 79. Within thirty days after the date of every transfer, if executed within the province, or otherwise within '.thirty days,after the arrival thereof in the province, it shall.be produced to the council or their, clerk, and thereupon an entry or. memorial thereof shall be made in like manner as in the case of the original mortgage. And for every such entry shall be .paid a fee of five shillings, and after, such entry, every such transfer shall entitle the "transferee, his executors, administrators and . assigns,'to the full benefit of the original mortgage and the principal and interest thereby secured; and such, transferee may in like manner transfer the same again toties quoties, and it shall not'be in the power of any person except the person to whom the same shall last have been transferred, his executors, administrators, or assigns, to make void, release or discharge the. mortgage so transferred* or any;money thereby secured. ■ 80. If the .council can at any time borrow any Bum of money at a lower rate of interest than any security givenbySt, and then being in force, shall bear, it shaH.Jbe lawfulfor the council to .borrow 6uch sum at such lower "rate of interest, in such manner and subject to such regulations as herein .contained with respeetto other monies borrowed on mortgage. 81. In order to discharge the principal money borrowed as aforesaid on the security of any rate the council may out of any rate so charged, pay the interest of all moaies borrowed, and appropriate any portion of such rate as a sinking fund, and shall from time to time cause saeh sinking fund to be invested in Government securities, either of the General Government or Provincial Government to be increased by accumulation in the way of compound interest or otherwise,-untir the same respectively shall be of sufficient amount to pay off any principal sum which may have been so borrowed, or some part thereof which the council shall then think ought to be paid off, at which time the same shall be so applied in paying off the same in manner hereinafter-mentioned.

82. Whenever the council shall be able to payoff one or more of the mortgages which shall then'be payable, and Khali net be able to pay off the whole of tHe same, it shall decide on the order in, which they shall be paid off by lot among the class to which such one or more of the mortgagees belong, and shall cause notice to be given to the persons entitled to the money to be paid off pursuant to such lot, and such notice shall express the.principal sum proposed to be paid off, aud that the Blame will

be paid together with the interest due thereon, at the office of the council, at the expiration of six calendar months from the date of such notice. Provided however that if any mortgagee bo desirous of receiving payment of his mortgage the same may bo discharged previously to proceeding to ballot as aforesaid.

83. Every work carried on by any, municipal district, with any money so borrowed as aforesaid, shall bo subject to the same rules, regulations, supervisions and control as is hereinbefore provided in regard to particular works carried on by any municipal district, after such district shall have received any government aid or endowment specially appropriated as aforesaid, or have raised any money by way of loans upon any guarantee whatever specially for the erection or completion of any work or improvement as aforesaid.

84. Where.under this ordinance any notice is required to be given to the owner or occupier of any premises, such, notice addressed to the owner or occupier thereof as the case may require may be served on the occupier of such premises, or left with such inmate of his abode, or if there be no occupier, may be put upon some conspicuous part of such premises, and it shall not be necessary in any such notice to name the occupier or owner of such premises. Provided always that when the owner of any. such premises and his residence are known to the council, it shall be the duty of the council, if such owner be resident within the town, to cause every notice required to be given to the owner to be served on such owner, or left with some inmate of his abode; and if such owner be not resident within the town, but shall be resident within the Islands of New Zealand, it shall send every such notice by the post addressed to the residence of such owner. :•■•■■■■

85. Whenever default is made by the owner of any premises in the execution of any work by this ordinance or by order of the council required to bo executed by hjm, the occupier of such premises may with the, approval of-the council cause such work to be,executed, and the expense thereof shall be repaid to such occupier by the owner of such premises, and such occupier may deduct the amount of such expense out of the rent from time to time becoming1 due to him to such owner.

8(5. If the owner or occupier of any premises made liable by this ordinance for the repayment to the council of any expenses incurred by it, do not as soon as the same become due from him, repay all expenses, the council may recover the same from such owner by summary proceedings. 87. Whenever any question shall arise as to whether the work required by the council to be performed ought to be executed by the owner or occupiers of any premises, the council may determine the matter, the council may also order that the expenses of executing the required work shall be borne by both owner and occupier in such proportions as it may deem equitable. 88. If the occupier of any premises prevent the owner thereof from carrying into effect in respect of such premises, any of the provisions of this ordinance after notice of his intention so to do has been given by the owner to such occupier, the council may make an order in writing requiring such occupier- to permit the owner to execute all such works with respect to such premises as may be necessary for carrying into effect the provisions of this ordinance, and if after the expiration of ten days from the date of such order such occupier continue to refuse to permit such owner to execute such work, such occupier shall for every day during which he so continues to refuse, be liable to a penalty not exceeding five pounds; and every such owner, during the continuance of such refusal shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such work.

89. Nothing in this act contained shall extend to avoid any agreement in writing entered into before the operation of tins ordinance for erecting altering any building but the same shall be performed with such alterations as may be rendered necessary by this ordinance, as if such alterations'had been stipulated for in such agreement, arid the difference between the cost of the work according to the agreement and the cost of such work as executed according to the provisions of this ordinance shall be ascertained by the parties to the respective agreements, and paid for or deducted as the case may require, and if the said parties do not agree upon the amount.of such difference, the same shall on the request of either party (notice being given to the other), be decided : l>y the surveyor to the board, and for his trouble in making such decision each of the said parties shall pay to the said surveyor such sum not exceeding one pound, and to be disposed of for such purposes of this ordinance as the council shall direct.

90. Nothing in this ordinance contained shall effect any lease or agreement for a lease whereby any person may be bound to erect buildings upon any ground within the town, but the building mentioned in such lease or agreement shall be built according to the conditions which may be rendered nepessary by this ordinance, in the same manner as if this ordinance had been adopted and in operation at the time of making such lease or agreement and the same had been made subject thereto, and that without either party being entitled to any compensation. 91. Every municipal council under this ordinance shall within one ■month from and after the lapse of each six months from the date of the election of the chairman of such council, publish a full statement in detail of the whole of thei*. proceedings, together with a certified account of their receipts and expenditure for the preceeding six months, such publication to be made in the same manner as is herein provided in the case of any meeting of ratepayers for the election of any member of the municipal council, and a copy of such statement and account shall be kept at the office of such council, and shall be open to the inspection of any rate-payer free of cost at any reasonable hour.

92. Every work proposed to be executed by any Municipal Council by funds raised or partly raised by mortgage, or money or aid, received from the Government, whether by endowment or otherwise, shall be the subject of a distinct and separate byelaw, and all such works shall be executed by contract in writing, in conformity with and under such general regulations as may from time to time be made by any officer or person to be appointed by the Superintendent for that purpose. 93. Upon the death, -resignation, or removal of any .officer, or "person appointed by any such Council, every person .having the possession of any books, documents, instruments, tools, or other property belonging to such Council, which may at the time, of such death, resignation, or removal, be in the custody or possession of any such officer, shall give over and deliver them to the successor of such person or such Council, or their lawfully authorised agent, and any person neglecting or refusing to give up or deliver any article contrary to this provision shall be deemed guilty of a misdemeanour, and be punishable accordingly.

94. For the purposes of this Ordinance, it shall be lawful for any municipal council to enter upon and conduct through, and make upon any private lands all or any such drains, watercourses, wells, pumps, pipes, or other necessary works, and if any person shall tie injured by any such work being made upon or through his land the Municipal Council shall make compensation for such injurj', and if such Council and the person so injured cannot agree as to the amount of compensation to. be, awarded, such person shall be entitled to receive compensation for snch damage to an amount to be ascertained by two or more Justices of the Peace, in accordance with the provisions of an Ordinance, entitled the Diversion.of Roads Ordinance, Session.—Wo.— .

i 95. If it shall be;found necessary by any such Council to purchase any; land, buildings, or other real estate, for the purpose of carrying on any works, or improvements in such municipal district, and the amount of purchase money to be paid for such land, building, or other real estate, cannot he mutually; agreed upon between the said Council, and the owner, of such property. 96. It sjiall be 'competent for the owner or occupier, or for both, to cause such value to be determined in manner set forth, in an' ordinance, entitled the Diversion of Roads Ordinance,' Session —. No.— Provided that lands occupied^ as courts, yards, gardens, or dwelling-houses, or ac approaches to any dwelling-house, shall not be subject to the provisions of ttys clause. 97. Any person committing an act against the provisions of this ordinance, or refusing ornegleeting to comply with the provisions of this ordinance, or refusing or neglecting to comply with tbe provisions contained herein, shall be deemed to have committed an offence against this ordinance, and when no specific penalty shall have been provided for any such act, or neglect, or refusal, such persons shall pay a penalty not exceeding fifty pounds. 98. All offences under this ordinance shall be heard and determined; in a summary way before two or more justices, and no proceeding under this ordinance shall be' removed by certiordri into the Supreme Court. ,

99. If any municipal council to whom monies shall have been given or advanced out of the public revenue, or to whom a guarantee therefrom shall have been given whether as a loan or otherwise, shall refuse at any time to perform their functions in observing the conditions required by the terms of such loan, or guarantee or advance, and the ratepayers of the district in which such council may have been elected shall decline to elect, councillors to perform the: duties required by this ordinance with regard, to such loan, guarantee or. advance, within thirty days after'they shall have been thereunto required by or oh behalf of the Superintendent, then it shall be lawful for the Superintendent to declare that the functions, powers, and privileges of the said municipal council, shall, from and after a day named by, the Superintendent and published in the ' Gazette,' absolutely cease and determine, and their said functions, powers, liabilities, together with all their lands, tenements, and hereditaments, shall be transferred to and vest in a board of commissioners of not more than five members appointed by the- Superintendent, under such rule's and regulations as he; may prescribe, and the said board shall exercise all the powers and discharge all the functions of the said Council mutatis mutandis as fully and effectually as if the said board of commissioners had been specially named in this Ordinance, provided that the said commissioners shall enter upon no fresh undertaking, and further that the powers and functions of such commissioners shall cease and determine as soon as any loan and all interest thereon shall have been fully repaid and satisfied. , ,

100. All penalties and forfeitures recovered tinder this ordinance or under regulations made under this ordinance, shall go and be distributed one moiety thereof to the person suing for the same and the other moiety towards the funds of the municipal district in which; the offence or neglect of which such penalty or forfeiture was awarded shall have been committed.

101. In all cases where public grants shall have been made for the purpose of carrying into effect any of the provisions contained in this ordinance, and where no municipal district shall have been constituted, it shallbe lawful for the Superintendent, acting by and with the advice of the Executive Council, to execute all the powers and duties herein1 vested in or imposed "upon" the Councils of any municipal district, except those which empower, authorize, or enforce the levying of any rate or rates, and all such powers and duties'executed by the. Superintendent as aforesaid shall be as valid as though they had been executed and performed by a corporate body, constituted under the provisions of this ordinance.

102. In the interpretation of tfiis ordinance the word " householder " shall mean the occupant of any house," warehouse, counting house, shop, office, or other building of the value of one hundred pounds, and the word "Town " shall be construed to include

and mean ''.Township".. or^pippulous place, .for which a municipal council" fo^-the*'^naffageraent of the street sewerage and public' health may be constituted. ' . ■ •.;■•..

This Act shall be intituled and may be cited as " The Municipal Council Act;", Session, No.