THE NEW RATES OF POSTAGE
LETTERS.
We publish for general information, the New Rates of Postage in force from and after April 1,1362 :— NEW ZEALAND. RATES OF POSTAGE CHARGEABLE ON LETTERS, NEWSPAPERS, AND BOOKPACKETS POSTED IN THE COLONY.
—Inland Letters.
RK-DIRECTION. f Letters, newspapers, and packets \vi3 be re-directed I from one Post Oiiicc to another on the written in- j structions of the ]>cr«>n addressed, but on re-direction arc chargeable with a new and distinct rate of postage, to be paid on delivery. PI2NAI/TIEB. Any person sending as exempt from postage letters not liable to xemption, or enclosing a communication in the nature of a letter in any newspaper or book-packet, it liable to a penalty of JC2O. SIZE AKD YVEiaHT. No boolt-packet or packet of newspapers will b* received, nor will any Postmaster be required to receive any letter if it exceed two feet in length, one foot in width or depth, or three pounds in wciirht. BOOK-PACKETS TO EB Ol'JiN FOE INSPKCTIOX. Every book-packet shall be sent open at the ends or sides, and there shall be no enclosure sealed or otherwise closed against inspection sent in or with such packet, nor any thing printed or written in the nature of a letter. CONTENTS. With the above limitations, a fpacket-book may j contain any number of separate books, mai>s, prints,"; or photographs, and any quantity of paper, vellum, or parcJnneut, either printed, written ou, or piain, i (exclusive of anything in the nature of a letter | whether waled or open,) with the binding, covering, or mounting attached or belonging to such book, print, map, or pbotogmph, and all things legitimately appertaining to or necessary fur the tran.-*----mi«>ion oi any enclosed literary or artistic matter, but exclusive of zUis* in any form. Tha names aud audiX'.--,-» of the sender may appear on the cover. OVBUI-AND CAKIUAOE. No Postmaster v.ill l>e required to receive any bwk-packet for trtuisntUsiott by an overland mail, ii from \u weight or any otlur "cause the packet appear calculattii to retard the carrier. CROSBJK U'AKl>, PfKHtjastcr-rtf-ncral.
DUNEDIX IMPROVEMENT ORDINANCE, 1862....: .. ...._ An Ordinance for Promoting the Improvement of the City of Dunedin. '.Whereas it is expedient to make further and more effectual provision for draining, cleansing, lighting and paving the city of Duncdin, and for the sSuitarf improveraent thereof, ai>d in other respects to amend l! c *)unedin Town Board Ordinance, 1855," and tne Dunedin Roads and Streets Ordinance, 1855:" Be it therefore enacted by the Superintendent of the Province of Of ago, with the advice and consent of the Provincial Council thereof, as follows :— 1. This Ordinance shall be termed, and may be cited and referred to as the " Dunedin Improvement Ordinance, 18G2." 2. This Ordinance shall come into force on and after a day to be fixed by the Superintendent, by proclamamation in the Provincial Government Gazette, which proclamation shall not be made unless and until the Governor shall intimate that he lias left this Ordinance to its operation. And the Members of the Town Board of Dunedin, elected under the said first recited Ordinance, shall superintend the execution of this Ordinance until the election of their successors in office under this Ordinance. 3. From and after the date upon which this Ordinance shall come into operation in manner aforesaid, such parts of the said two recited Ordinances as are repugnant to and inconsistent with this Ordinance shall be and the same are hereby repealed: Provided always that, except in so far as hereby repealed, the said recited Ordinances shall be effectual to all intents and purposes, as if this Ordinance had not been passed. . 4. Immediately after the passing of this Ordinance, the Board shall divide the said City into Wards or Districts, and fix and determine the boundaries thereof; and it shall be lawful for the Board to alter, vary, add to, or diminish the boundaries and extent of theTsaid -"Wards, or any of them, and to vary the number of said Wards, in such manner as the state of the population thereof, or other circumstances, shall appear to them from time to time to require ; and the boundaries of the Wards shall run along the middle of the streets by which they are declared to be bounded, except when the contrary is specially mentioned: Provided always that such Wards, and boundaries thereof, and any alterations thereon, shall be intimated by advertisement, to be made in the Provincial Government Gazette and in newspapers published in Dunedin. ! 5. Immediately after the passing of this Ordinance and the division of the said city into Wards, as hereinbefore directed, and yearly thereafter as the Board shall direct, the Board shall cause to be collected the Names and Residences of every pe.'son in each Ward, who may be liable to be rated, "as hereinafter mentioned, in 'consideration of any lands, buildings, and hereditaments owned or occupied by him, and situated within the boundaries of any such Ward ; and shall cause a list of such persons in each Ward to lie made, and published in one or more newspapers circulated in Dunedin, together with a notice of the time when and the place where the Board will attend to hear any objections that may be made to. such, lists : and at the time and place so named, the Board shall attend, enquire into, hear and determine any such objections; and the decision of the Board shall be final and conclusive in regard to any and every objection made against every such list; ami the said lists, when thus settled and revised, shall be transcribed in a book to be called the Rate-payers' Roll, and shall be lodged with the books and papers of the Board ; and if at any time after the completion of such Rate-payers' Roll any person not beingliable tobe placed on such Roll at the" time of its completion, shall thereafter become liable to be rated for or on account of any lands, buildings, and hereditaments owned or occupied by him within any such Ward, it shall be competent for such person to apply to the Board to have his name inserted in the Ratepayers' Roll for the Ward in which such premises are situated; and if it shall be made to appear to the satisfaction of the Board that such person was not at the time of the compiling or making the Rate-payers' Roll as aforesaid liable to be rated, but has since become so, and has for the space of three months previous to such application been so liable, the Board shall cause the name of such applicant to ba placed on the Ratepayers' Roll tor the Ward or Wards in which he is so qualified to vote. 6. The Members of the Board to be elected under the authority of this' Ordinance shall be ratepayers upon the ratepayers' roll for any of the said Wards, and shall be elected by a majority of the votes of the ratepayers on the ratepayers' roll for the Ward for which they are elected. 7. Every male person of full .age who shall, under the provisions of this Ordinance,be liable to be rated or assessed for or on account of any rate levied or assessed by the Board, and whose name shall appear on the ratepayers' roll for any of the said Wards, as hereinbefore provided, shall be deemed a ratepayer for the purpose of any such election for any Ward on the roll for which his name so appears. 8. 'There shall be three Members of theßoard for each Ward, whose election shall be made in manner as follows :—The Clerk to the Board shall prepare a book for each Ward, and shall direct a Clerk to attend at some convenient place in or adjacent to each Ward, upon the first Monday in the month of December in every year, and the Rate-payers in each Ward intending to vote in such election shall appear personally at such place, and the names of the persons voted for and the names of suoh voters shall be inscribed in the said book by the Clerk, and subscribed by each voter. 9. At any such election, it shall be competent for any candidate or Ratepayer on the Ratepayers' Roll for the Ward to object to any person tendering his vote and before he has voted, only on the ground that such person is not a Ratepayer on the Ratepayers' Roll for the Ward, or ha* voted before at the same election; and on such objection being.taken,'the Clerk acting at-such election shall register such vote, but shall at the same time make a memorandum of the name of such voter, and report such objection to the Clerk of the Board in the Register Book as hereinafter directed : Provided always that no elector shall have more than one vote in the election for a Ward without prejudice to his voting in any other Ward or Wards if qualified as aforesaid.
10. Every such Election shall commence at nine o'clock in the morning of the day on which it is to take place, and shall continue until eleven o'clock of the said day ; after which no new Candidate shall be voted for, and if at such last-mentioned hour the names of not more persons than the number to be elected shall be inscribed for the office in each Ward respectively, the election in such case shall be ''eclared to be at an end and no Votes shall thersaFter be received ; but if the names of more persons than the number to be elected shall be bo inscribed then the said Book shall remain open until four o'clock of the said day, after which no votes shall be received (except those of such Electors as may be within the Polling Place waiting to tender their Votes), and the Election shall be declared at an end: Provided always that it shall be in the power of the persons voted for by a writing under their hands to terminate the Polling at any time of the day after eleven o'clock, they may think proper. 11. Not less than six nor more than twelve days before the first Monday in the month of December in every year, the Clerk to the Board shall cause intimation to be made by advertisements in newspapers published in Dunedin, and in such other manner as the Bonrd shall deem proper, of the days and places of election. 12. At the expiration of the period so fixed within which such Elections shall take place, the Clerks appointed to attend the same shall deliver the said books to the Clerk of the Board, who shall make up and. write in each of the said books a state of the votes in the Ward, and shall affix to the door of his office, within two days thereafter, the names of the persons having the majority of votes, who shall be held to be elected as Members of the" Board; and the said books in which the name 3 and votes are inserted, in manner above described, shall remain open nnd patent for the inspection of all concerned, at the office of the Clerk of the Board, for four days after every such Election. 13. If any person shall, at any time, obstruct, hinder, or molest either any Elector in giving his vote, or the Clerk acting at any Election, in the performance of his duty, every person so offending shall, upon conviction before a Justice of the Peace, be liable to a penalty of one ponnd for each offence; and if any person not qualified to vote shall nevertheless vote at any such Election, every such person so offendin"' shall, upon conviction as aforesaid, be liable to a penalty not exceeding two pounds for each offence. 14 It shall be competent to any person who consideri that he ought to have been returned as a Member of the Board, to complain against the Clerk's return provided the complaint be made by petition to the Board, signed by the complainer, or by some person on his behalf, and lodged with the Clerk to the Board, within four lawful days after the Election; and/on such petition being presented, the Board shall remit to a Committee of nve of their number to : inquire into the merits of such disputed Election, and report thereon to a subsequent meeting- of the Board, and the determination of the Boanlon euch report shall be final and conclusive; and if, upon the Clerk's report, orunona scrutiny demanded, and the said Committee's report, there shall be found to be an equality of votes at any of the said Elections, the Board shall determine which of the Candidates phall be preferred.
15. One of the three Members elected Tor each Wanl shall annually go out of office, and the Board shall canse the orger of their retirement to be determined by Ballot, not less than thirty days previous thereto; and any member retHng as aforesaid shall, if duly qualified, be eligible for re-election
, »' ,Whea the office of a Member of tha Board shall become: vaeant,-by death, resignation, nonacceptance disqualification, or in any other way. the ■Llerk shall, at the first meeting of 8 the Board" after the. occurrence of such vacancy, or after the same shall have become known to him, report such vacancy, that a day may be fixed for the election of a new member, to supply the said vacancy, and Bliall intimate such election by advertisement, and the election shall proceed in all respects as iv manner herein provided in the case. of. annual elections; and withhi two days after such election, the Clerk »ball affix on the door of his office the name of the person ! elected, and it shall be competent to any pe»son who considers that he ought to have been returned as the peison elected, to complain, and for the Board to proceed in regard to such election n manner hereinbefore directed m the case of complaints in annual elections: Provided always that such petition and complaint be lodged with the Clerk before the first meetiug of the Board after such election.. 17. General Meetings of the Board shall be held in the Montis of January, April, July, and October, for putting the powers committed to the Board in execution ; and all such meetings shall be called, and the proceedings thereat shall be conducted in the manner set forth in the said first recited Ordinance. 18. If the Electors of any of the said Wards shall refuse or neglect to elect Members of the Board, upon any day duly appointed for such election, it shall be Jawful lor the Board to nominate and appoint qualined persons to be such-Members, and such members, when so nominated and appointed, shall have and enjoy the same powers and privileges, and shall remain the same time in office, as if they had been duly elected by the electors in such Wards. 19. Save and except as herein otherwise provided, the Board shall have, and either by themselves or by Committees of their number duly. authorised, shall extcute all the; powers and duties vested in or imposed on the Board by this Ordinance, and the said recited Ordinances, in so far as not hereby repealed, ■aud shall appoint all persons and officers whom it may be necessary to employ in the execution of this Ordinance, and the said other Ordinances, and to remove or suspend them at pleasure, and fix and regulate their salaries and wages, and to estimate assess levy, raise, and apply, or cause to be estimated, assessed, levied, nud applied, the sums of money hereinafter authorised to be assessed, levied, raised, and applied. 20. The Hoard shall, and they are hereby authorised and required to provide all necessary implements, aud take all necessary measures for watering, sweeping, and cleansing the streets, at such times and in such manner as their Inspector of Cleansing shall direct, and to enter into contracts for such purposes, and for the sale or disposal of the sweepings of the streets. 21. It shall be lawful for the Board to make provision for lighting the streets, in such inauncr and to such extent as to the Board shall appear suitable; to provide, erect, and maintain such a number of lamps, lamp-posts, and lamp irons, aud other appurtenances as may be necessary for that purpose; to light, or enter into contracts for lighting and causing to be lighted, such lamps, by means of oil or gas, or such other light as they may find expedient; and to order the lamp-posts, l>ii»i>-irons, and lamps, to be fixed either on the sides of the streets or upon the curbstones of the pavement, or footpaths, or in or at the walls of buildings, upon indemnifying the owners or occupiers for any damage done, the amount of which, in the event of difference > opinion, to be-fixed- and determined summarily by the Resident Magistrate. 22. It shall be lawful for the Board to make and enact, and from time to time to alter, amend, and re peal, Kules, Regulations, and Bye-laws relating to the cleansing, lighting, paving, causewaying, metalling, and repairing of streets; the making acd repairing of common se Wei's, drains, privies, and urinals; the preventing and suppressing of nuisances, annoyances, and obstructions, and the promoting of health "within Dunedin; and the proper management of the Fire Engine Establishment: Provided always that such rules, regulations, aud bye-laws shall not be inconsistent with, or repugnant to, any Act or Ordinance in force within the Province of Otago. 23. It shall be lawful for the Board to impose and exact such penalties, fines, and forfeitures for the infringement and breach of any such bye-laws as shall seem to.them fit and reasonable: Provided always that no such penalty shall exceed, for any one offence, the sum of forty shilling, and in the case of a continuing nuisance, the .sum of five shillings for every day during which such nuisance shall not be abated. 24. No bye-law made under the powers herein contained shall be of force until a copy thereof certified by the Clerk to the Board, shall have been inserted once in newspapers published in Dunedin, and shall have been.confirmed by the Subuperintendent; arid if the Superintendent .shall disallow the said bye-law, or any part thereof, such byelaw, or the part thereof disallowed, shall not come into operation, and any such Wye-laws so confirmed shall be published in the Provincial Government Gazette, and shall havo full force and effect. 25. It sball be the duty of the Inspector of Lighting and Cleansing to attend to the due fulfilment ot all contracts made by the Board as to Lighting and Cleansing; to cause to be removed from the streets all dung, soil, dirt, ashes and filth; to see that all Lamps-benighted and kept lighted for the due time, and kept in all respects in proper order ; to receive and forthwith communicate to the Board and other Authorities any complaints or remonstrances relating to Nuisances and the Cleansing and Lighting of the streets, with the result of his own enquiries on the subject; to enforce all the Regulations and Provisions for the prevention of Nuisances, and the promotion of the health and comfort of the Inhabitants ; and generally to obey all the Orders, Instructions, and Regulations which may from time to time be made relative to the execution of his duties. 26. If upon the certificate of any Medical Officer of the Government or any two Medical Practitioners, "it appears to the Board that any House," or Building, or part thereof, is in such a filthy or-unwholesome condition that the health ot any person is affected or endangered thereby, or that the whitewashing, cleansing," or ■ purifying of any house or part thereof would tend to prevent or check infectious or contagious disease, the Board shall give notice in writing to the owner or occupier of such house or part thereof to whitewash, cleanse, or purify I the same as the case may require ; and if the person to whom notice is so given fail to comply therewith, | within such time as shall be specified in the said no- | tice, he shall be liable to a penalty not exceeding Ten shillings for every day during which he continues to make default; and the Board may if they shall think fit cause such house, building, or part'thereof to be whitewashed, cleansed, or purified, and the expenses incurred by them .in so doing shall be repaid by the owner or occupier in.default, and be recoverable from either of them in a summary way. 27. No noxious or offensive business, trade, or manufacture shall be established in any building or place within the City of Dunedin, after the passing of this Ordinance, without the consent of the Board, who may either refuse such consent or grant the same upon such conditions for the observance of such Regulations as they may deem ~-proper, in order to prevent or diminish the noxious effects of any such business ; and whosoever offends against this enactment shall be liable for each offence to a penalty of Five Pounds, and a further penalty of Ten Shillings for each day during which this offence is continued. 28. The Superintendent shall cause to be prepared by the Provincial Civil Engineer, upon a scale to be prescribed by the Superintendent, a Map or Maps exhibiting a system of Sewerage for effectually draining the City of Dunedin ; and a copy of such Map shall be furnished to the Board and kept at the office of the Clerk of the Board, and shall at all reasonable times be open to the inspection of the Ratepayers oi Dunedin. 29. All Sewers, whether existing at the passing of this Ordinance or made at any time thereafter, together with all Buildings, Works, Blaterials and things belonging or appertaining thereto, shall be entirely under the management and control of the Board. 30. The Board from time to time shall cause to be made such Sewers as may be necessary for effectually draining the City of Dunedin for the purposes of this Ordinance, and may carry any such Sewer through, across, or under any street or place laid out as or intended for a street, or under any cellar or vault which may be under the pavement or carriage way of any street, and after reasonable notice in writing in that behalt into, through or under anj laud whatsoever should such be necessary: Provided always that all such Sewers to be hereafter made shall be made in accordance with the system of drainage to be exhibited by the Map or Maps hereinbefore mentioned, unless any deviation therefrom shall be sanctioned by the Superintendent, and until such Map or Maps are prepared, shall be made with the approbation and consent of the Superintendent.
31. The Board may from time to time repair, enlarge, lessen ? alter, arch over, or otherwise improve all or any ot the Sewers under their management and control, and discontinue, close up, or destroy such of them as they may deem to have become unnecessary: Provided always that the discontinuance of any Sewer shall be done with the approbation and onsent of the Superintendent, and so aa not to emte
a Nuisance; and if by reason thereof any person is deprived of the lawful use of any Sewer, the Board shall provide some other Sewer as effectual for 'Ksuse as the one of which he is so deprived.
32. The Board shall cause the Sewers under Their management and control to be constructed, covered, and kept so a? not to be a nuisance or injurious to health, and to be properly cleared, cleansed and emptied, and for the purpose of cleansing ani emptying the same, they may construct and place either above or under-ground such reservoirs, sluices, engines, or other works as may be necessary, and mgy cause all or any of the said Sewers to communicate wita and be emptied into such places as may be fit and necessary, and may causa Sewage and refuse therefrom to be collected for sale or any purpose whatsoever, but so as not to create a Nuisance. J 33. It shall not be lawful to cause any Sewer or Drain to communicate with or be emptied into any bewerof the Board, nor to cause any building to be erected over any such last mentioned Sewer, nor to cause any Vault. Arch, or Cellar, to be built or constructed under the pavement, footway, or carriage way of any street, without the written consent of the Hoard first had and obtained; And whoever offends against this enactment shall forfeit to the Board the sum of Twenty pounds, and a further penalty of One pound for every day during which the offence is continued, after notice in writing from the Clerk to the Board in this behalf; and if any sewer, drain, building, vault, arch, or cellar shall Le made or constructed contrary to this enactment, the Board may cause the same to be altered, pulled down, or otherwise dealt with as they may think lit, and the expenses incurred by them in so doing shall be repaid to them by the offender or recovered from him. 34. Any owner or occupier of premises adjoining or near to but beyond the limits of the City of Dunedin, may cause any Sewer or Drain of or from such promises, to communicate with any Sewer of the Board, upon such terms and conditions as shall be agreed upon between such owner or occupier, and the Board, or in case of dispute, as shall be settled by the Superintendent, whose award shall be final and conclusive. 35. It shall not be-lawful newly to erect or torebuild any house or to occupy any house so newly erected or rebuilt, unless and until a covered drain or drains be constructed of such size and materials and at such level and with such fail as to tfie Board shall appear to »>e necessary and sufficient for the proper and effectual drainage of such house and its appurtenances; and the drain or drains so to be constructed shall lead to aud commnnicate with a Sewer of the Board, or such other means of drainage as the Board shall direct if the same exist within one hundred jfeet of the site of such house; and if no.such Sewer or means of drainage bs within that distance, then the said drain or drains shall communicate with and be emptied into such covered cesspool or other place not being under any house, and being at such distance from any house, as the Board shall direct, and whosoever erects or rebuilds any house, or occupies any fanuse contrary to this enact iscnt, shall be liable for every such offence to a penalty not exceeding Ten Pounds. 30. If at any time it appears to the Board that any house, whether built before or after the passing of this Ordinance, is without any drain or drams sufficient for the proper aud effectual drainage of the same nnd its appurtenances, and if a sewer of the Board or other means of draiuage be within one hundred feet of any part of such house, they shall cause notice in writing to ba given to the owners or occupiers of such house, requiring Linn forthwith, or within such reasonable time as sliall be specified therein, to construct and lay down in connection with such house, and one of those means of drainage, one or more covered drain or drains, of such material and size, at such level, and with such fall as shall appear to be necessarj ; and if such notice shall not be complied with, the owner sliall be liable to a penalty not exceeding Ten pounds, and the Board may, if they shall think fit, cause the work to be done, and the expenses thereby incurred by them shall be recoverable from the owner. 37. It shall not be lawful newly to erect or to rebuild any house without a sufficient water closet or privy, and whosoever offends against this enactment shall be liable to a penalty not exceeding Ten pounds; and if at any time it appears to the Board that any house, whether built before or after the passing of this Ordinance, has not a sufficient water clo.set or priry either within the house or in the back yard thereof, the Board sliall give notice in writing to the owner or occupier of such house, requiring him within such reasonable time as shall be specified therein, to provide a sufficient water closet or privy; and if such notice be not complied with, the owner sliall be liable to x penalty not exceeding Ten pounds; and the Board may, it they shall think fit, cause to constructed a sufficient water closet or privy, or such other works as the case may require; and the expenses iucurred by them in so doing, shall be recoverable by them from the owner: Provided always, that when a water-closet or privy has been and is used in common by the inmates of two or more bouses, or if, in the opinion of the Board, a water-closet or privy may l>e so used, they need not require the same to be provided for each house. 33. The level of the streets shall be fixed by thcßoard, and fourteen days at the least before beginning to dig or lay out the foundation for any new house, or to rebuild any house, the person intending so to build or rebuild shall give to the Board written notice thereof, together with tiie level or intended level of the cellars or lowest floor, and the situation and construction of the privies and cesspools, to be constructed or used in connection with sucn house. And it shall not be lawful to begin such works until the particulars so required to be stated have been approved by the Board ; and in default of such notice, or if any such houseprivy, or cesspool be built or rebuilt without such approval, or iv any respect contrary to the provisions of this Ordinance, the offender sball be liable in a l>enalty not exceeding fifty pounds; and the Board may, if they think fit, cause such house, priw, or cesspool to be altered, pulled down, or otherwise'dealt with as the case may require, and the expenses incurred in so doing shall be recoverable from the offender: Provided always, tliat if the Board fail to signify their approval or disapproval of the said particulars for the space of fourteen days after receiving such notice, it shall be lawful to proceed according to such notice, if the same be otherwise in accordance with the provisions of this Ordinance, or any other Act or Ordinance in force at the time. 39. It shall be lawful for the Board, and they are hereby authorised and required, to provide and have at all times a sufficient establishment of fire engines, pipes, and appurtenances, to be used for extinguishing fires within the limits of Dunedin, aud beyond the same as hereinafter provided. I 40. The Board shall appoint an Inspector of Fire | Engines, who shall have the charge of the said enj gines, pipes, and other appurtenances ; and Bliall also appoint such number of firemen as the Board shall think nt and expedient for working the same in a proper manner, and for assisting in extinguishing fires, and shall make such rules and regulations for the said inspector and firemen as to the Board shall seem proper. 41. The expense of providing, keeping, and maintaining the said engines, pipes, and appurtenances, and paying the said Inspector and firemen in so far as not otherwise contributed, shall be defrayed from the rates for miscellaneous expenses hereinafter authorised to be made and levied. 42. It shall be lawful lor the Board upon application matte to them, or to the said Inspector or other person in'charge of such fire engines, to permit the firemen and the engines, pipes, and appurtenances, and generally all or any part of the fire establishment, to be sent beyond the limits of Dunedin for the purpose of extinguishing fire: Provided always, that the owners and occupiers of the property to which the the firemen and engines are sent, shall be bound to defray the whole expense that may be thereby incurred, and also such further sum not «xceeding ten pounds per centum upon the gross amount of such expense, as may be deemed reasonable for the tear and wear of the engines and appurtenances, and the ordinary expenses of supporting the establishment, the amount of which expense shall be ascertained by accounts thereof signed by the said luspector of fire engines, and approved by the Board or their Committee in that department, and doqueted by the Chairman or Clerk; the said owners or occupiers, and all other persons interested, being always entitled to mutual relief against each other according to law, for the sums paid by them or any of them from whom the Board may recover or receive the same, and the Board shall have power to modify said charges when they see cause. 43. The Board may with the approval and consent of the Superintendent, provide the City of Dunedin with such a supply at pure and wholesome water, as may be proper and sufficient for the purposes of this Ordinance, and for private use, and for that object the Board may with such approval and consent, enter into contracts for the construction, laying down, and maintaing of such works, matters and things, as shall be necessary and proper. 44. The Board may, if they think fit, supply water from any such water-works constructed by them under this Ordinance, to any public baths or wash houses, cr for trading and manufacturing purposes, upon such terms and conditions as may be agreed upon between the Board and the persons desirous of being so supplied. 45. The Board may cause all existing public pump*, wells, streams, conduits, and aqueducts, used for the gratuitous supply of water to the inhabitants, to be •♦ntinued, aud for that jmrpoas nay, if they shall
think fit, construct any number of cisterns, pumps, wells, conduits, and works.
46. Whosoever shall wilfully destroy or injure any cistern, well, pump reservoir, conduit, aqueduct, or other water works belonging to, or under the management or control of, the Board, or shall unlawfully divert or take water from any such works, or do or suffer to be dose any act tr thing whereby any water contained in any such ci«terij, well, reservoir, conduit, aqueduct, or other water-works, shall be fouled or rendered unwholesome, shall for every such offence forfeit a sum not exceeding Five pounds, and a further sum of Ten shillings for each day whilst the offence is continued. » 47. The Board, with the approval of the Superintendent, may provide, maintain, lay out, plant and improve the Town Belt and other premises, for the purpose of being used as Public Walks and Pleasure Grounds, aud support or contribute towards any premises provided for such purpose. _ 4S. It shall be lawful for the Board to license from time to time such number of carts to ply within the city of Dunedin, and to makesuch rules and regulations with reference to the licensingof carters, the places where they shall stand, the rates they shalli receive, the distance they'shall be compelled to go, and such other matters as may tend to the public convenience iv regard to them as the Board may see fit; and any carter plying without a license, or otherwise offending against any such rule or regulation, shall on conviction pay a penalty not exceeding live pounds: Provided always:, that no such rule or regulation shall have force or effect, unless and until the same shall be allowed by the Superintendent, and published in the Pvevincial Government Gazette. . 40. All the sums of money, including officers' salaries and all other expenses required for the purposes of the " Dunedin Roads and Streets Ordinance, 1855" and this Ordinance, shall be defrayed out of the Assessment authorised to be made and levied by the twelfth clause or section of the said first mentioned Ordinance; but at any meeting of the Board convenened for the purpose of making or considering such assessment, the Board sliall estimate and fix such sums of money so required and necessary to be levied under the several hjads of Lighting, Cleansing, and Miscellaneous Kxpenses; and the assessment so authorised to be made and levied sball be made and levied mteably for these several purposes, a»d shall not in the aggregate exceed, in any one year, the sum specified in the aforesaid section of the said first mentioned Ordinance. 50. It shall be lawful for the Board, at any meeting for making orconsidering such assessment to exempt for a time, or from time to time, any streets, lands, and lOu-ses, from all-or any of the regulations in regard to ighting and cleansing respectively, established or lereafter to be established by or in pursuance of the " Dunedin Koads and Streets Ordinance, 1855" and this Ordinance; and any such streets, lands, and houses, if so exempted from all such regulations, shall, during the continuance of such exemption, be free from payment of any part ofthe assessment authorised to be levied for liquidation of the expense of lighting and cleansing; but in the event of any such streets, lands, and houses being only partially exempted from such regulations, then such streets, lands, and houses so partially exempted, shall be liable in payment of such part of such assessment as shall be fixed and determined by the Buard in a fair and equitable manner. 51. In order to defray the expenses attending the making, enlarging, altering, covering, or enclosing any sewer of the Board, or in or about any other works, matters, and things of a permanent nature, and executed or done for the benefit of any district or part of any district, whether forming one or several wards, or parts of one or of several wards, the Board shall, over and above the assessments for the other purposes hereinbefore mentioned, and in the same manner as for the said last mentioned assessment, make and levy, in respect of the premises situate in such district for the benefit of which the expeniea are incurred or to be incurred, a rate or rates, to be called Special District Rates, of such amount as will be sufficient to discharge the amount of such expenses, and interest thereon within such period, not exceeding six years, as the Board shall determine. 52. If it shall appear to a majority of not less than two-thirds of the rate payers, owners, or occupiers of houses or lands in any street or part of a street, or other described and defined pert of Dunedin, at a public meeting to be called on notice, as hereinafter provided, that the execution of particular works, matters, or things, which the Board have on good and sufficient grounds declined to execute, would contribute to the health and convenience of the inhabitants of such part of Dunedin, the Board on receiving security to their satisfaction for payment of the expense thereof, shall procure a plan and estimate of the cost of executing such works, and shall lay the same before another public meeting of such rate payers, to be cal'ed on notice as is hereinafter provided ; and if the same shall be approved and sanctioned by a majority of such rate papers assembled at such last mentioned meeting, the Board, on receiving security for the expense thereof, or in case the Board agree to bear any part of the expense, security for the remainder, shall cause the work in question to be executed; and iv the event of there not being voluntary contributions of adequate amount for the purpose, the Board shall pay the cost, or the rate payers' proportion ofthe cost, as the case may be, out of a special rate to be made and levied in respect of the premises situated in the said part of Dunedin, in such manner as th c Board shall direct. 53. If any person shall think himself aggrieved by the decision of the Board, in any case in which the Board are empowered to cause any work, matter, or thing to be executed and done, and'inrespect of which such person may be made cliargeable to any special rate in terms of this Ordinance, or by any decision of the Board upon the value at which his property is assessed for any special or other rate authorized" by this Ordinance to be levied, it shall be lawful for him at any time within one calendar month after public notice shall have been given by the Board of any such decision, to appeal to the Justices of the Peace, and any three or more such Justices; not being members ofthe Board, shall have power to hear and determine the same, and to award relief in the premises, as the justice of the case may require, and the decision of such Justices shall be final and conclusive as regards the matter of such appeal: Provided that the person so appealing shall give notice in writing to the Board of such his intention of appealing, fourteen 4avs before the holding of the Court, at which such appeal may be heard and determined. 54. Jn order to raise the money which may be necessary for the purposes of this Ordinance before the assessments hereby authorized are levied, it shall be lawful for the Board, or a majority of members thereof assembled at a meeting specially called for the purpose, and at which not less than two-thirds of their number shall be present, to authorize their Treasurer to borrow any Bum or turns of money, not exceeding in the whole the sum of twelve thousand pounds, for the general purposes of this Ordinance, with power to the Board by a quorum of the members, to grant bills or bonds, or obtain cash credits for the same ; and for further security to the person or persons from whom such money may be borrowed, to assign to such person or persons the assessments hereby authorised to be made and levied, until the sum or eumi so to be borrowed, with interest thereon, shall be repaid and discharged. 55. In order to raise the money which may be required for the making, enlarging, altering, covering or enclosing any sewer of the Board or for any other works, matters, and things of a permanent nature, and to be executed and done for the benefit of any district as aforesaid, it shall be lawful for the Board or the majority ofthe members thereof assembled at a meeting expressly called for the purpose, and at which not leas than two-thirds of their number shall be present, to authorise their Treasurer to borrow any sum or sums of money not exceeding in the whole, the sum of five thousand pounds, with power to the Board by a quorum of the members thereof, to grant bills or bonds, or obtain cash credits for the same, and for further security to the person or persons from whom such money may be borrowed, to assign to such person or persons the assessments hereby authorized to be made and levied, until the sum or sums so to be borrowed with interest thereon, shall be repaid and discharged. 58. No member of the Board or Treasurer shall be held or adjudged, to have made himself personally liable for the rtpajment of any money borrowed, or interest thereof, by reason of having tigned any securities ai aforesaid. 57. In no case ■hall any forfeiture, penalty, or fine imposed in pursuance of this Ordinance, or of any bye-law to be made agreeable to the provisions of this Ordinance in that behalfj exceed for any one offence, the sum of one hundred pounds. All such forfeitures penalties, and fines, shall be recoverable in a summary way, and shall be sued for and recovered by, and paid to the clerk of the Board, and shall be accounted for by him to the Treasurer of the Board, and shall form part of the funds for the general purposes of this Ordinance. 58. In all cases in which any notice is by this Ordinance required to be given to the owners or oeen--1 piers of any premises, it shall be sufficient to address ' the notice to them by the description ofthe owner or \ occupier (aa the case may require) of the premises (naming them) in respect of which the notice is given (hereinafter called the premises), without further i name or description, and the notice shall be servtd ! upon them or one of them, aa the case may require, i either personally or by delivering the B&me to some i inmafcof hisortfifirplwacf akode; orin &c em
of the occupier, and also in the case of the owner, if nusplace of abode be unknown, upgn any inmato of the^ premises, of if they be'unoccupied and tha owners place of residencebe. unknown, it shall be sufficient to fix the notice upon some conspicuous part of the premises : Provided always in the case of notices to the owner, that although his place oi abode be known to the Board, vet if it be not withm Dunedin, it shall be sufficient to transmit any Office Cted to Mm by name through the Post 59. Whenever the consent, approval, or authority of the Superintendent is require i by the provisions of thisorduiance.theresolutionKiviiigorrefusingthesanie rtiall be passed, %yith the advice and consent of the Jsxecuhve Council, and shall be in writing under his "and; and whenever the consent, approval, or authority of the Board is so retired, the same shall be m writing under the hands of three or more mem bers, and the Clerk of the Board. 60. Nothing in this Ordinance shall be construed to wvl rw$ ul 'S* #\ »»«»,■ or thing whatsoever, which but for this Ordinance would be deemed to be a nuisance, nor to exempt any person from any liaKp^rSe^r o^ol^ls6^ ** sabj«* fil. In the construction of this Ordinance, the following words and expressions shall have the incasing hereby assigned to them, unless such meanings be repugnant to and inconsistent with the context of the subject matter in which such words or expressions occur; (that is to say), The word "Board" shall mean the Town Board of Dunedin for the time being. The word " street" shall include any road, bridge footway, pavement, court, alley, or passage* whether a thoroughfare or mot, and the parts of any such road, bridge, footway, pavement, court alley, or passage, within the city of Dunedin. The word "drain" shall mean and include any drain of and used for the drainage of one buildhi» only, or premises within the same curtilage, an 3 made merely for the purpose of communicating therefrom with a cesspool or other like re* ceptacle for drainage, or with a sewer into which the drainage or two or more buildings or premises occupied by different persons is conveyed. The word " sewer" shall mean and include sewers and drains of every description, except drains to which the word " drain" interpreted as aforesaid applies. i Passed the Provincial Council this eighth day of ! May, One thousand eight hundred and sixty-two.* ALEX. RENNIE, Speaker. CHAS. SMITH, Clerk of Council. Dunedin, ninth May, One thousand eight hundred and sixty-two.—l hereby declare that I reserve this Bill for the signification of the Governor s pleasure thereon. J. L. C. EICHAEDSON, Superintendent of the Province of Ofc»jo.
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https://paperspast.natlib.govt.nz/newspapers/ODT18620811.2.20
Bibliographic details
Otago Daily Times, Issue 210, 11 August 1862, Page 6
Word Count
7,950THE NEW RATES OF POSTAGE LETTERS. Otago Daily Times, Issue 210, 11 August 1862, Page 6
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