CITY COUNCIL BILL.

New Zealander, Volume 9, Issue 800, 14 December 1853, Page 3

CITY COUNCIL BILL.

Title. A Bill to Provide for the Municipal Government of the City and Suburbs of Auckland. Preamble. Whereas it is expedient to make provision for the good order, health, and convenience of the inhabitants of the City of Auckland and its suburbs: Be it therefore enacted by the Superintendent of the Province of Auckland, with the advice and consent of the Provincial Council thereof, as follows: Boundaries of City and Suburbs of Auckland. Constitution of Body Corporate and Council. 1. So much of the City aLtl Suburbs of Auckland, whereof the boundaries are defined in the Schedule marked A hereunto annexed, shall for the purposes of this Act be and be called the "City and Suburbs of Auckland ' Provided always that no Dockyard, Vic tualling Establishment, Arsenal, or Barracks belonging to Her Majesty shall be included within the said boundaries. Inhabitants incorporated. 2. The inhabitants of the said City and Suburbs shall be a Body Corporate, in name and in deed, with perpetual succession and a common seal, and shall bear the style and title of the " Council and Burgesses of the City and Suburbs of Auckland." Constitution of Council. 3. The said Council (called throughout this Act " The C ity Council") shall consist of seven members, as follows : 1. The Commissioner of Police, or the person acting in that capacity for the time being. 2. The Provincial Engineer, or the person acting in that capacity for the time being. 3. Three of the Members of the Provincial Council elected for the City of Auckland. 4. Two of the members of the Provincial Council elected for the Suburbs of Auckland. Selection of first members. 4. The first members for the " City Council" shall be selected from the members of the Provincial Council for the City and Suburbs by lot, to be determined by the Commissioner of Police. Duration of office. 5. Such first members shall remain in office for one year, from the first of January, J 854, when the other three members of the Provincial Council for the City, and the other two members of the Provincial Council for the Suburbs, shall become members of the '* City Council." Members of Provincial Council for City and Suburbs to be members of City Council every alternateyear. 6. Every member of the Provincial Council for the City of Auckland and the Suburbs of Auckland shall sit as a member of the " City Council" every alternate year : Provided always, that it shall be lawful for any one member of the City or Suburbs respectively to serve for another, on both signing a memorandum to that effect, to be deposited with the official documents of the Council. Member of the Provincial Council ceasing to be so, person elected in his stead to occupy same position in respect of City Council. 7. In the event of any one of the said members of the Provincial Council ceasing to be such member, the person elected in his stead shall occupy the same position in respect to the " City Council" as the person ceasing to be sucli member of the Provincial Council, After dissolution, Sc, of Provincial Council, members to be selected for City Council as on first occasion. 8. After every expiration or dissolution of the Provincial Council, the first members for the "City Council" shall be selected from the newly elected members for the City and Suburbs, as is hereinbefore provided in respect of the first members for the same, and shall remain in office till the first of January following: Provided always that retiring members of the " City Council" shall in all cases continue such members, and act as such, until their successors are qualified to act. Questions as to seats of members of City Council to be determined by Superintendent. 9. If any question of any kind shall arise in reference to the vacancy of any seat of any'member of the "City Council," or the right or duty of any member to sit therein, such question shall be determined by a written decision of the Superintendent, which shall be final and conclusive. Body Corporate to have usual powers of Corporation. Powers of Body Corporate and Council--10. The said Body Corporate shall, for the purposes of this act, be capable in law, by the Council thereof, to do and suffei all such acts as can be lawfully done or suffered, and to have and enjoy all rights and privileges which may be exercised by any Body Corporate. To purchase and tell lands, t&c. 11. The said Body Corporate by the Council thereof shall have power and authority either for any specific purpose or generally for the use of the said Body Corporate, to accept, take, purchase, and hold land; and also power and authority to mortgage, lease, and sell all land, except such as is held on a specific trust; and to demise, assign, transfer, and convey the same. Survey of area of City, and Maps thereof to be made. 12. The said Council shall, as soon as conveniently may be, cause to be made and completed a survey of the area within the limits of the said City and Suburbs, or such parts thereof as the said Council may think necessary or expedient to include in such survey for any useful purpose, and shall csuse marjs thereof to be made, with such

indications of levels and particulars of sewers and underground works as the said Council shall think necessary for affording useful information to all parties requiring the same. Standard spot to he fixed, awd marks to be made denoting levels. 13. The Council shall cause to be marked on the said map a series of marks and figures, at convenient distances, denoting the height of the ground at every such mark above or below the level of a particular spot which may be easily found and identified, and the position of which spot shall be described or marked on the said map; and shall also cause proper level marks for denoting the levels to be inscribed and marked at convenient distances and places, at the corners of streets, on posts, houses, or other prominent objects. Maps to be revised. 14. The said Council shall from time to time cause such maps to be revised, and such additions made thereto as shall show new works and other alterations. Maps open to inspection. 15. Every such map shall be kept at the office of the said Council, and the same, or a copy thereof, shall be open at all reasonable times to the inspection of all owners and occupiers of land within the said City and Suburbs, on payment of a fee of Is. To make higlnoays, £c. 16. The said Council shall have power to make and keep in repair all highways within the limits of the said City and Suburbs; to excavate, construct, and maintain wells, waterworks, conduits, sewers, drains, and other like works; and to provide for the prevention of fires, the prevention and abatement of nuisances, the regulation of markets and fairs, and the construction of market places, the licensing and regulation of hawkers and carters, the watching, paving, lighting, and cleansing of the said City and Suburbs, and for all such purposes as they may deem necessary for the good order, health and convenience of the inhabitants of the same. By Laws. To make By Laws. 17. The said Council shall have the power from time to time, to make, ordain, alter, and repeal By Laws for the good order, health, and convenience of the said City and Suburbs. Objects for which By Laws may be made. 18. Such By Laws may be so made especially for all or any (amongst others; of the several objects following, that is to say,— Highways. 1. For the making and maintaining of any highways or other internal communication from one part of the City and Suburbs to any other part thereof; and for regulating the flagging, paving, and repairing of the same. Public bidldmgs 2. For the erection and repair of Public Buildings for any corporate purposes, and for the protection of public properProperty. 3. For the purchase or sale of any property for any corporate purposes. Observance of the Sabbath. 4. For suppressing and restraining sabbath breaking, and enforcing the due observance of the Lord's Day. Draining, <£c, 5. For draining, paving, lighting, watching, repairing, and cleansing, any Highways within the City and Suburbs. Markets. 6. For maintaining and regulating market places, and for imposing market tolls and dues. Pates. 7- For the imposition, collecting, accounting for, and auditing of all rates and assessments on property, real or personal or both, within such City, or upon the owners or occupiers of any such property. Complaints. 8. For the hearing by the said Council of complaints by persons who shall think themselves aggrieved by any rate or assessment,and foradjusting (ifrequircd) any such rate or assessment accordingly. Hawkers. 9. For the licensing, regulation, and government, of Hawkers and Pedlars, and for fixing the amount of license fees to be paid. Lodging-houses. 10. For the inspection, licensing, and regulation of lodging-houses, and for promoting the clenliness and ventilation of the same, and for fixing the amount of license fees to be paid. Bathing. 11. For regulating bathing in the waters adjoining the City and Suburbs. Disorderly Houses. 12. For the suppression and restraint of disorderly houses and houses of ill-fame and repute. Theatres, &c. 13. For the licensing, regulation, and government of Theatres and Billiai'd Tables, and other places of public amusement, and fixing the amount of license fees to be paid. Owners of Cellars. &c. 15. For compelling the owners or occu piers of cellars, tallow-chandlers' shops, soap factories, tanneries, privies, sewers, slaughterhouses, and other houses and places which may be in an unwholesome and offenssve state, to cleanse the same from time to time, and in such manner as the said Couucil may think necessary and proper; and for regulating the dimensions, form, mode of construction, . and material, for pipes, drains, and other means of communication with public sewers and drains. ' Carters, dec. 15. For the licensing, regulation, and government of carters, carriers, porters, and drivers, and fixing the amount of license fees to be paid. Cattle in streets. 16. For the regulation and government of persons having charge of cattle, and for the prevention of horses being trained in, and entire horses led about streets. A rsenic 17- For regulating the sale of arsenic and other poisons. Noisome trades. 18. For suppressing and restraining noisome and offensive trades, and the prevention of damage from smoke,

Fires. 19 For the prevention of fires, and the regulation and government of persons present at fires. Gambling. 20. For suppressing and restraining gambling of every description. Weights and measures. 21. For carrying out and enforcing the Law relative to weights and measures. Obstructions to highways, 22. For preventing obstructions and encumbrances upon highways, Defacing walls. 23. For preventing the defacing of walls and other places exposed to public view., by placards, writing, or otherwise. Cattle at large. 24. For the prevention of cattle wandering at large on highways. . Nuisances, 25. For the suppression of all nuisances within the City and Suburbs prejudicial to the health, comfort, or convenience of the inhabitants thereof Sick and destitute. 2G. For the relief of Fick and Destitute Persons, and for the recovery of the amounts advanced for such purposes from the husbands, wives, fathers, mothers, arid children respectively of such destitute persons, as the case may be. Application of Tolls, Src. 27- For securing the cation of all tolls, rates, [assessments, fines, penalties, repayments, and other receipts in discharge of all expense of and incident to the execution of all or any of the objects of this act. Salaries. 28. For determining the amount of salaries or other remuneration to be assigned to any officer or person employed by the said Council. Penalties. 29. For imposing fines and penalties for the breach and neglect, and the enforcing of any such By Laws and regulations as aforesaid; provided that no such fine or penalty so to be imposed shall exceed the sum of £lO. By Laws, how to be made. 19' All such By LaWs shall be made, and all other Corporate Acts shall be done, by the Council thereof; and the Common Seal of the said City and Suburbs shall be attached to all such By Laws and Acts, by the authority and in the presence of the Council. Not to be repugnant to Acts of General Assembly or Pi'ovincial Council. 20. If any such By Laws shall be repugnant to any law of the General Assembly of New Zealand, or of the Legislature of the Province, such By Laws shall be null and void. Not to take effect until approved of by Superintendent. 21. No such By Laws (except such as relate solely to the said Council or their officers) shall take effect within the said City and Suburbs, or shall have the force and effect therein, unless the same shall have been approved of by the Superintendent. Nor until a month after publication. 22. No such By Law shall come into operation until it shall have received the assent of the Superintendent, and until the expiration of one month after a copy thereof, accompanied by the signification of such assent, shall have been published in the Auckland Provincial Government Gazette. Justices may mitigate penalties. 23. All By Laws made by the said Council shall be so framed as to allow the Justice, bebefore whom any penalty imposed is sought to be recovered to order a part only of such penalty to be paid, if he shall think fit. Copy of By Laws under common seal evidence. 24. the production of a written or printed copy of the By Laws, of the Council, having the common seal affixed thereto, shall be sufficient evidence of such By Laws in all cases of prosecution under the same. Penalties recoverable in a summary ivuy. 25. All fines and penalties imposed by this act, or to be imposed by any By Law made in pursuance hereof, and all amount? to be repaid by the relatives of sick and destitute persons, shall be recoverable in a summary way, and shall be paid over to the Treasurer of the said City and Suburbs as part of the Public Funds thereof. Officers. Power to appoint Clerk and Treasurer, §-c. 26. It shall be lawful for the said Council from time to time to appoint fit persons (not being members of the Council) to be Clerk, Treasurer, and Inspectors of Nuisances and Weights and Measures, who shall hold their offices during pleasure; and to pay such officers such salaries, to be sanctioned by the Superintendent, as the Council shall deem reasonable. Power to appoint other officers, and employ persons. 27- It shall also be lawful for the said Council to appoint and employ such other fit and proper persons as may be necessary for carrying out the provisions of this Act, or any By Laws made in pursuance thereof, and to pay such persons such salaries and wages as the Council shall deem reasonable. Meetings of the Council. Business to be done at meetings. 28. All Acts whatsoever authorised or required to be done by Council of the said City and Snburbs, and all questions that may come before such Council, shall be done and decided, and the disbursments of all money voted, by the majority of the members of the Council who shall be present at any meeting thereof; the whole number present at any such meeting not being less than three. Ordinary rrteetings of Council. 29. The Council shall have ordinary meetings periodically, monthly, or otherwise, on such days and at such time and place as shall be fixed by the 1 y Law to be made for that purpose. Commissioner of Police may call extraordinary meetings. ' : 30. The Commissioner of Police, as chairman of the Council, shall have power to call an extraordinary meeting of the Coancil at any other time, as often as he shall think proper. Notice of time and place of extraordinary meetings shall be given. 31' The Commissioner of Police shall cause a notice of the time and place of every such extraordinary meeting, specifying the busi ness proposed to be transacted thereat, and signed by bin!, to be left at the usual place of

abode of every Member of the Council three days at least before such meeting, uuless it shall appear to the said fommissioner that such delay in the holding of any such meetings would be attended with danger to the welfare of the said City and Suburbs. Commissioner of Police to be Chairman, or in Ms absence a member selected for the purpose. 32. At every meeting of the Council the Commissioner of Poliee, or in his absence some other Member of Council selected for that purpose by the meeting, shall be chairman and such Chairman shall not have an original, but only a casting vote. Meetings may adjourn. 32. Every meeting whether ordinary, .extraordinary, or adjourned, may be adjourned by the majority; and if the prescribed number of members do not attend any such meeting, those present may adjourn to another time of the same day, or to some future day. Minutes of proceedings to be kept. 34. Minutes of the proceedings of every meeting shall be entered in a book to be kept for that purpose, and shall be signed by the Chairman of such meeting. To be open to to inspection. 35. Every inhabitant shall be at liberty to inspect and make extracts from the book so to be kept, at all reasonable times, upon pay* ment of a fee of one shilling for each inspection. Accounts, &c. Accounts to be audited, and balance sheet published. 30. The Treasurer shall, in books to be kept by him for that purpose, enter true accounts of all sums of money, by him received and paid, and all such other accounts as the Council shall direct; and all such accounts, with all voucher sand papers relating thereto, together with a full abstract or balance sheet thereof, shall yearly, at such time as the Council may appoint, be submitted by such Treasurer to Auditors to be appointed in that behalf (not being members of the Council) for the purpose of examining and auditing the same; and such abstract or balance sheet, if found correct, shall be signed by the Auditors, and shall be forthwith published by the Treasurer in the Auckland Provincial Government Gazette. Notices may be served on Commissioner or Clerk. 37- The service of any notice, writ, or other legal proceeding, and of every document whatsoever requiring to be served on the said Body Corporate, or on the said Council may be made on the Commissioner of Police, as the chairman of the said Council, or on the Clerk thereof. Schedule referred to in the above Act. A. Boundaries of the " City and Suburbs" of Auckland for the purposes of the above Act. The Boundaries of the " City and Suburbs of Auckland" includes "The East Town Ward," " The Middle Town Ward," « The West Town Ward," "The Suburban East Ward," "The Suburban South Ward," and " The Suburban W r est Ward," as the same are now comprised in Electoral Districts for the Return of M embers to serve in the Provincial Council for the " City" and "Suburbs" of Auckland. SHEEP BILL. Title. A Birx to Prevent the Extension amongst Sheep of Diseases called the Scab and Influenza. Be it enacted, by the Superintendent of the Province of Auckland, with the advice and consent of the Provincial Council thereof, as follows : Inspectors of Sheep to be appointed. 1. Fit and proper persons shall be appointed by His Honour the Superintendent for the purpose of this Act, and shall be called "Inspectors of Sheep." Sheep infected with the scab or influenza to be kept within enclosures. 2. Every owner having sheep infected with either of the Diseases called the Scab or the Influenza or Catarrh, shall keep the same within enclosures sufficiently fenced to prevent any such sheep escaping therefrom ; and if any such owner shall permit such sheep to escape therefrom, or shall turn out, keep, or depasture any such sheep upon any highway, or upon any land whatever (whether his own property or not) not fenced as aforesaid, shall forfeit and pay for every such offence any sum not exceeding £ 100; and every twentyfour hours any such sheep shall be kept or depastured on any such highway or land not fenced as aforesaid, shall be deemed a separate offence. Not to be driven on highways. 3. If any owner shall (without having obtained a certificate, as hereinafter mentioned) land, drive, or conduct, or permit or suffer to be landed, driven, or conducted, any sheep infected with either of the said diseases, or shall permit or suffer any such sheep to stray upon any highway, every such owner shall forfeit and pay for every such offence any sum not less than £5 or more than £IOO-. Penalty on owner abandoning infected sheep. 4. If any owner shall wilfully set at large and abandon any sheep so infected as aforesaid, he shall forfeit and pay for every sheep so set at large and abandoned, any sum not less than £l, or more than £2O : Provided that no penalty inflicted for any number of sheep at any one time shall exceed £IOO. Infected sheep at large may be destroyed by Inspector if owner cannot be ascertained. 5. It shall be lawful for any Inspector to destroy any sheep so infected as aforesaid which shall be wandering at large, and the owner whereof is unknown, and cannot be ascertained after reasonable enquir}'. Penalty on any person loilfully setting at large in", fected sheep. 6. If any person shall wilfully set atlarge any sheep so \ infected as aforesaid, whereby such sheep shall be found on any highway, or shall turn out any such sheep oii ajiy highway, or shall drive or conduct the thereon, every such person shall for every such, offence forfeit and pay any sum not exceeding £ioo. ';.... ■ Sheep trespassing may be turned off lands trespassed on. — lnfected sheep mu3t not be driven to public pound. i ■ 7«' Provided-always, that it shall be lawful for any person upon whose land any sheep are trespassing to remove the sanie therefrom, and to drive or conduct, or permit or suffer to be driven or conducted, any such; sheep to such place as the owner of the same shall direct, or to turn out or set at large such sheep on the highway most, convenient to the land where such sheep are trespassing ; but it shall

not be lawful for any person to drive or conduct any sheep so infected as aforesaid to any public pound, or to put any such sheep in any such pound, without such person being subject to any penalties herein imposed. May be driven on highways in month of December. P. It shall be lawful, notwithstanding anything herein contained, for any owner, having first obtained a certificate lor that purpose from an Inspector, as hereinafter mentioned, to land, drive, or conduct, or cause or permit to be landed, driven, or conducted, any sheep so infected as aforesaid upon or over any highway during the month of December in every year. May at any time be driven from one cnch sure to another. 9. It shall also be lawful for any owner at any time, having first obtained a certificate for that purpose from an inspector as hereinafter mentioned, to land, drive, or conduct, or cause or permit to be landed, driven, or conducted, any. sheep so infected as aforesaid from one such .enclosure fenced as aforesaid to another such enclosure not exceeding one half mile in distance, and being in the bona fide occupation of the same person. Inspector required to attend and examine sheep. 10. Every Inspector, upon being required by notice in writing from any owner, served personally, or left at such Inspector's usual place of abode, shall attend at any place appointed in his district, within a reasonable time after the service of such notice, for the purpose of examining any sheep with a view to grant a certificate as herein provided, and in default of so attending shall forfeit and pay any sum not exceeding £SO. Payment to Inspector. 11. Every person requiring the attendance of an Inspector to examine any sheep, shall pay to such inspector, for every attendance, the sum of 10s., and the further snm of 6d. for every mile such Inspector shall be required to travel from his place of residence. If sheep free from infection, Inspector to grant certificate. 12. After examining any sheep as requested by any owner, the Inspector shall, if such sheep be free from disease, grant a certificate in the form set forth in the Schedule hereunto annexed, authorizing the removal of such sheep as in the said certificate specified. If infected with scab, to be dressed to satisfaction of Inspector before removal. 13. If, on such examination, the Inspector shall find such sheep to be infected with the said disease called the scab, he shall requirethe owner of such sheep to dress the same with a dressing to be approved of by such Inspector, and each of the said sheep having been so dressed to his satisfaction, such Inspector shall grant a certificate authorizing the same to be driven or conducted as in such certificate specified : Provided always that nothing herein contained shall authorize any person to drive or conduct, or permit or suffer to be driven or conducted, any "sheep ao infected as aforesaid, except as hereinbefore mentioned in Clauses Nos. 8 and 0, or shall euthorize any Inspector to grant certificate except in conformity therewith. If infected with Influenza to be removed as Inspector shall direct. 14. If such sheep shall be infected with the said disease called the influenza or catarrh, the said Inspector shall grant a certificate authorizing such sheep to be removed in a manner which shall appear to him best adapted to prevent the spreading of such disease. Inspector's certificate to be in certain form. 15. Every certificate granted by an Inspector shall be in the form or to the effect set forth in the Schedule hereunto annexed, and shall authorize the driving, conducting, or removal of the sheep therein mentioned within a time to be therein fixed, and by such road as shall ■ appear to such Inspector to be best adapted for that purpose. Penalty on driving sheep as not authorised by certificate. 16. Every person landing, driving, or conducting, or permitting or suffering to be landed, driven, or conducted, any sheep over any highway, or in any manner not authorized by such certificate, shall forfeit and pay any sum not exceeding £SO. Penalty for Inspector for granting false certificate. 17- If any Inspector shall knowingly grant a certificate in a manner not authorized by this Act, or which shall contain any statement or particulars which are not true, such Inspector shall forfeit and pay for every such offence any sum not exceeding £IOO. Sheep having mixed with infected sheep to be deemed infected. 18. All sheep shall be deemed to be infected with said diseases respectively, for the purposes of this Act, which shall be known by the owner thereof to have mixed with other sheep so infected as aforesaid; and every owner shall be deemed to know that his sheep have so mixed, whenever a written notice to that effect, signed by an Inspector, shall have been served on such owner personally, £or have been left at his last usual place of abode for twenty-four hours. Information may be laid before one SftJ itice ; hearing must be by two. 19. Every information under this Act may be laid beforehand a summons thereon issued by, one Justice of the Peace ; but the same shall be heard and determined by at least two Justices of the Peace. Meaning of word " owner," 20. The word " owner," throughout this Act, shall include every person having the charge, control, or management of sheep. Meaning of the word " sheep.'" 21. The word " sheep" shall include Rams. Ewes, Wethers, and Lambs. Commencement. 22. This Act shall come into operation on* the day of 185 Schedule. Form of Certificate to be granted by an Inspector. I do hereby certify that I have authorized (name, residence, and description of owner) to drive or conduct (number of slieep, and marks, if any, or other description) sheep from (description of place where from) to (description of place where to), by the Koad (description of road). The said sheep being free from disease (or having been dressed to my satisfaction, as the ca#e may be ; or,' hi the case of Influenza, insert here any special directions). ' This certificate to be in force for (number of days) days from the date hereof. A. 8., Inspector of Sheep. Dated (dqie).