DUSEDIN IMPROVEMENT ORDI- NANCE 1862

Otago Daily Times, Issue 211, 12 August 1862, Page 7

DUSEDIN IMPROVEMENT ORDINANCE 1862

An Ordinance for Promoting the Improvement of

.tfte Oity of Dunedin.' ■? Whereas it is expedient to make further and more effectual provision fordraininjr, cleansing, lighting, and paving the city of Dunedia, and for the sanitary.improvement thereof, a«d in other respects to amend the " Dunedin Town Board Ordiuance, 1853," and the "Dunedin Roads and Streets Ordinance, 1855:"

Be it therefore enacted by the Superintendent of the Province of Otogo, 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 83 the " Dunedia Improvement Ordinance, 1862." ,

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 thi3 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said two recited Ordinances as are repupuant to and inconsistent with this Ordinance shall "be and the some are hereby repealed: i*rovided always that, except in so far as hereby repealed, the said recited Ordinances shall be effectual to all intents and purposes, as if this Ordinance had, not been passed. 4.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 he lawful for the Board to alter, vary, add to, or diminish the boundaries and extent of the said Wards, or any of them, and to vary the number of said Ward 3, 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; excSpt 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 peisou in each Ward, who may be liable to be rated, as hereinafter mentioned, in consideration of any lauds, buildings, and hereditaments owned or occupied by him, and situatsd within the boundaries of any such Ward; and shall causij a list of such persons in each Ward to be made, and published in one or more newspapers circulated in Dunedin, together with a notice of the time when and tha place where the Board will attend to hear any objections that may be made to such lists; and at the time and place co named, the Board " shall attend, enquire into, hear and determine auy such objections; and the decision of the Board shall be final and conclusive iv regard to any and every objection made against every such list; and 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 I the Board ; and if atany time after the completion of such Rate-payers' Roll any person not being liable to be placed on such Roll at the time of its completion, shall thereafter become liable to be rated for 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 iv 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 Hate-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 be 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 tb^e 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 fall age who shall, tinder the provisions of tins Ordinanee,be liable to be rated or assessed for or on account of any rate levied or assessed bj the Board, siud whose name shall nppear on the ratepaj er3' 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 lor which hia name so appears. 8. Thereshallbe three Members of the Board for each Ward, whose election shall be made in manner as foll:—The.Clerk ows 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 elect ion "shall appear personally at such place, and the names of the persons voted for I and the names of such 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 has 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 : Previded always that no elector shall have more than one vote, in the election for a Ward without prejudice to his"votiug 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 j elected shall be inscribed for the office in each Word respectively,'the election in such case shall be declared to be at an end and no Votes shall theraaiter be received ■ but if the names of more persons than the number to be elected shall be so 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 V otes), and the Election shall be declared at an end: Provided always that it shall be in the power of the persons voted lor by a writin" 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 sliall cause intimation to be made by advertisements in newspapers published in Dunedin, and in such other manner as the Board 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 toattend the same shall deliver the said books to the Clevk 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 ot the Board; and the said books in which the names and votes are inserted, in manner above described, shall remain open and 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, m the performance of his duty, every person so offending shall, upon conviction before a Justice of the Teace be liable to a penalty of one nonnd for each offence; and f any person not qualified to vote shall nevertheless vote at any such Election, every such person so offendhi" shall, upon conviction as aforesaid, be liable to a penalty not exceeding two pounds for each offence. j 14 It shall be competent te any person who considers that he ought to have been returned as a ahall remit to a Committee of oftheir nurnbei-to inquire into the merits of such disputed Election, and report thereon tea subsequent meeting of the Board, and the determination of the Board on such report shall be final and conclusive; and if, upon the Clerk's report r or unona scrutiny demanded, and the said Committee's report, there shall be found to be an equality pf votes at any ot the said .Elections, the Board shall determine of the Candidates shall fee preferred.

15. One of the three Members elected,for each Ward shall annually go out of oinee, and the Board shall cause the order of their retirement to be determined

by Ballot, not Jess than thirty days previous thereto; aud any member reti> lag, as aforesaid shall,•; if duly qualified, be eligible for re-election. 16. When the office of a Member of tha Board shall become vacant, by death, resignation, nonacceptance, disqualification, or in any other way, the Clerk shall, at the first meeting of 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 he fixed for the election of a new member, to supply the said vacancy, and shall intimate such eleetionby advertisement, >nd the election shall proceed in all respects as in manner herein provided in the case of annaal elections; and within two days after such election, the Clerk shall affix on the door of his office the name of the person elected, and it shall be competent to any person who considers that he ought to have been returned as the person elected, to complain, and for the Board to proceed in regard to such election n manner hereinbefore directed in the case of complainls in annual elections: Provided always that such petition aud complaint be lodged with the Clerk before'the first meeting" of the Board after such election. 17. General Meetings of the Board shall be held in the Montlis 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 proceeding* thereat shall be conducted in the manner set forth in the said 3r3t 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 lawful for the Board,to nominate aud appoint qualified persons to be such Members, and such members, when so nominated and -appointed, shall have aud enjoy the same powera and privileges, and shall remain tlie same time in office, as if thoy had been duly elected by the, electors in such Wards. 19. Save and except as herein otherwise provided, the Board shall have, aud either by themselves or by Comralitees of their number duly authorised, shail cxi cute all the powers and duties vested in or imposed on the Board by this Ordinance, end the said recited Ordinances, in so far as no"t hereby repealed, and shail appoint ali persona and offieera whom it may be necessary to employ in the execution of this Ordinance, and the said oth^r 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 b3 estimated, assessed, levied, and applied, the sums of money hereinafter &utnorised to be assessed, levied, raised, and applied.

20. The Board shall, and they are hereby authorised and required to provide all necessary implements, arid take all necessary measures for watering, sweeping, and cleansing the streets, at such times and in

such manner as their Inspector of Ckansing shall^ direct, and to enter into contracts for such pur-' poses, and for tbe 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 manner and to such extent as to the Board shall appear suitable; to provide, erect, aud maintain such a number of lamps, lamp-posts, and lamp irons, and 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-posfs, lamp-irons, and lamps, to be fixed either on the sides of the streets or upon the curbstones of the pavement, or footpaths, o;- 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 o 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 altar, amend, and re peal, Kulefi, Regulations, and Bye-laws relating to the cleansing, lighting, paving, causewaying, metalling, and repairing <>f streets; the making ard repairing of common sewers, drains, privies, and urinals; the preventing and suppressing of nuisances, annoyances, and obstructions, and the promoting of health vrithin Dunedin; and the proper management of the Fire Engine Establishment: Provided always that such rules, regulations, aud bye-laws shall nofc be inconsistent with, or repugnant to, any Act or Ordinance in furce within, the Province of Otago. 23. It shall be lawful for the Baird to impose and exact such penalties, fines, and forfeitures for the infringement and breach of any such bye-laws as shall i seem to them fit anil reasonable: Provided always I that no such penalty shall exceed, for any one offence, the sum of forty shillings, and in the case of a continuing nuisance, the sum of five shillings for every day during which such nuisance shall not be abated. 2i. No bye-law made under the powers herein contained shall be of fores 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 SpSuperintemtent; aud 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 bye-laws so confirmed shall be published in the Provincial Government Gazette, and shall have full force nnd effect.

25. It shall be the duty of the Inspector of Lighting and Cleansing to attend to the due fulfilment ot all contracts ms;de 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 be lighted and kept lighted for the due timo, 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; arid generally to obey all the Orders, Instructions, and Itegulations which may from time to time be made relative to thb execution of his duties.

20. If upon the certificate of any Medical Oflicer 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 or 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 the same as the case may require ; and if the person Ito whom notice is so given fail to comply therewith, within such, time as shall be specified in the said notice, he shall be liable to a penalty not exi&eding 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 theia 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 euch 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 effect^ of any such business ; and whosoever offends against this enactment shall be liable for each offence to a penalty of Five Pounds, and a farther 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 "Duuedin ; and a copy of such Map shali 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, Maierials-and things belonging or appertaining thereto, shall be entirely under the management and control of the Board. 30. The Board fr6m 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 uuch 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 any land 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, uulesa any deviation therefrom shall be sanctioned by the Superintendent, and until euch 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 6? 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 to as not to ortate

« Nuisance; and if by reason thereof any person is deprived of the lawful use of any Sewer, the Board shall provide some other Sewer a* effectual for kis use as the one of which he i» so deprived. - .<-;

32. The Board shall cause the iiewers trader therr management and control to be constructed, covered, and kept so as not to be a nuisance or injurious to health, and to be properly cleared, cleansed irad emptied, and for the purpose of cleansing and 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 may cause all or any of the said Sewers'to eommuoicite with and be emptied into such places as may be fit and necessary, and may cause Sewage and refuse ■therefrom to be collected for sale or any purpose whatsoever, but so as not to create a Nuisance.

33. It shall not be lawful to cause _any_ Sewer or Drain to communicate with or be emptied into any Sewer of 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 Board 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 j One pound for every day during which the offence is ! continued, after notice in writing from the Clerk to j the Board in this behalf; and if any sewer, drain, building, vault, arch, or cellar shall be made or con- j structed contrary to this enactment, the Board may cause the same to be altered, pulled down, or otherwise dealt with as they may think fit, and the expenses incurred by them in so doing shall he 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 Danedin, may cause any Sewer or Drain of or from such premises, to communicate with any Sewer of the Board, upon such terms and conditions as shall be agreed upon between 9uch owner or occupier, and the Board, or in case of dispute, aa shall be settled by the Superintendent, whose award shall be final and conclusive. 35, It shall not be lawful newly to erect or to rebuild any house or to occupy any house so newly erected or rebuilt, unless and until a covered dram or i drains be constructed of such size and materials and at such level ami with such fall a* to the Board shall appear to be necessary and sufficient for the i proper and effectual drainage of such house and its j appurtenances; aud the drain or drains so to be constructed shall lead to and 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 feet of the site of such house; and if no such Sewer or uumns of drainage be within that distance, then the said drain or drains shall communicate with a"hd he emptied into such covered cesspool or other place not being under any house, and being at such (Usance from any house, as the Board shall direct, and whosoever erects or rebuilds any house, or occupies any lnuse contrary to this enact ,ent, shall be liable for every such offence to a penalty not exceeding Ten Pounds. 3d. If at any time it appeara to the Board that any house, whether built before or after the passing of this Ordinance, is without any drain or drains sufficient for the proper and effectual drainage of the same and its appurtenance*, and if a sewer of the Board or other means of drainage be within one hundred feet of any part of such house, they shall cause notice in

writing to ba given to tbe owners or occupiers of such house, requiring him forthwith, or within such reasonable time as shall be specified therein, to construct and lay down in connection with such house, and one of those moans of drainage, one or more covered drain or drains, of such material and size, at suck level, and. with such fail as shall appear to be necessary; and if such notice shall not be coin* plied with, the owner shall be liable to a penalty not exceeding Ten pountls, and the Board may, if they shall think fit, cause the work to be donfe, and the ■ expenses there by 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 tills Ordinance, has not a sufficient water closet or privy either within the house or in. the back yard thereof, the Board shall 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 shall be liable to a penalty not exceeding Ten pounds; and the Board may, i£ 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 incurred 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 houses, or if, in the opinion Of the Board, a water-closet or privy may be so used, they need not require the same to be provided for each house.

33. The level of the streets shall be fixed by theßoard, and fourteen days at the leasfc 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 the 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 such 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 in any respect contrary to the provisions j or this Ordinance, the offender shall be liable in a j penalty not exceeding fifty pouadd; and the Board ] may, if they think fit, cause such house, privy, 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, that if the Board fail to signify their approval or disapproval of the said particulars for the space of fourteen days alter 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, and beyond I the same as hereinafter provided.

40. The Board shall appoint an Inspector of Fire Engines, who shall have the charge of the said engines, pipes, and other appurtenances ; and shall also appoint such number of firemen as the Board shall think nt and expedient lor working the same in a proper manner, and for assisting in extinguishing fires, and shall make such rule 3 and regniations 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 for the Board upon application made to them, or to the said Inspector or other p&rsou 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 bo thereby incurred, and also such further sum not exceeding 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 tte same, aud 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 ot 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 waterworks 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 agree* upon between the Board and the persons desirous of being so supplied. 45. The Board may cause all existing public pumps, \ wells, streams, conduits, and aqueducts, used for the gratuitous supply, of water to the inhabitant*, to be wntinu»d, wwf for *b*t jrarpow »y, if they shall

think fit, construct anyiumber of 'cisterns, pumps, wells, conduits, and works.- --r-r - --rt--"46." Whos/evef shall wilfully destroror:injnre any cistern, well, pump, leserroir, 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 each works, or do or suffer to be done any act cr thing whereby any water contained in any such cirtern, -well, reservoir, condoit, aqueduct,,or other water-works, shall befouled 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 i improve the Town Belt and other premiseaj for the purpose of being used as Public Walks and Pleasure Grounds, and support or contribute towards any premises provided for such purpose. " ;: --•■ 48. 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 rate* they shallircceive, the distance they shall be compelled to go, and such other matters as may tend to the public convenience in regard to tlitm as the Board may see fit; and any carter, plying without a license, or otherwise offending against any such rule or regulation, shall on convictiou pay a penalty not exceeding fire pounds: Pro-^ video 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 Pvovincial Government Gazette. t 49. 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 but. of the Assessment authorised to be made and le\ied by the twelfth clause orsection of the said first mentioned Ordinance; but at any meeting of the Board conveuened for the purpose of making or considering such assessment, the, Board shall estimate and fix such sums of money so required and necessary to be levied under the several heads of lighting, Cleansing, and Miscellaneous Expenses; and the assessment so authorised to be made and levied shall be made and levied rateably for these several purposes, aad shall not in the aggregate exceed, in any one year, the sum specified in the aforesaid section of the said first uientionetl'Ordinance. 50. It shall be lawful for the Board, at any meeting for makingoreonsidering such assessment to exempt for a time, or from time to time, any streets lands, and houses, from all or any ox the regulations in regard to lighting ami cleansing respectively, established or hereafter to be established by or in pursuance of the " Dunedin Roads and Streets Ordinance, 1855" and this Ordinance; and any each streets, lauds, and houses, if so exempted from all stfch regulations, shall, dining the continuance of such.exemption, be free i from payment of any part of the assessment authorised !to be levied for liquidation of the expense of lighting I and cleansing; but in the event of any such streets, | lands, and houses being only partially exempted from I such regulations, then such streets, lands, and houses jso partially exemptedj stall be liable in. payment of such part of such assessment as shall be fixed and determined bj the B^ard 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 pjepart of anj district, whether forming one or sev^Ril 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 expenses are incurred or to be incurred, a Tate or rates, to be called Special District Rates, of such amount as will be sufficient to discharge the amount of such expenses, and interest thereoa 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 part of Dunedin, at a public meeting to be called on notice, as liereinafter | 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 pavers, to.be caled 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 j the remainder, shall cause the work in question to be executed; and in the event of there not being volun- j tary contributions of adequate amount for the purpose, tbe Board shall pay the cost, or the rate payers' proportion of the 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, andinrespect of which such person may be made chargeable 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 belevied, 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 of the 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 sliall give notice in writing to the Board of such his intention of appealing, fourteen days before the holding of the Court, at which such appeal may be heard and determined.

54. In 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 *t which not less than two-thirds of their number - shall be present, to authorize their Treasurer to borrow any sum or Bums of xaoner, not exceeding in the whole the sum of twelve thousand pounds, for the I general purposes of this Ordinance, with power to the Board by a quorum of the members, to grant bill* 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 turns 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 of the members thereof assembled at a meeting expressly called for the purpose, and at which not less 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 farther 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 leyied, until the sum or sums so to be borrowed with interest thereon, shall be repaid and discharged.

56. No member of the Board or Treasurer shall be held or adjudged, to have made himself personally liable for the repayment of any money borrowed, or interest thereof, by reason of having signed any securities as aforesaid. 57. In no case shall 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 i Ordinance in that behalf, exceed for any one offence, the sum of one hundred pounds. All such forfeitures penalties, and fines, shall be recoverable in a summary vay, 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 esses in which any notice is by this Ordinance required to be given to the owners or occupiers of any premises, it shall be sufficient to address the notice to them by the description of the owner or occupier (as the case may require) of the premises (naming them) in respect of which the notice is given (hereinafter called the premises); without further name or description, ana the nofac« ahall be served upon them or one of them, as the case may require, either personally or by delivering the same to some inwtoofbjtor&tirphtwof abode; «ria tin es«

\ of the occapier, and also jn the case of the owner, i | his_ place of abode be" uhTmov^^upon any inmate of "the premises, of if-they :&-unoccupied and the owner's place!of residence/ be unknown, it shall be sufficient to fix the notice upon some con-,/ spicuous part of tlie premises: Provided always in the case of notices to the owner, that although Ms place of abode",be known to ItHe Board/yet if it :be not -within Dunedin, it shall be sufficient to transmit any notice directed to bins ,by name through the Pest Office. 59. Whenever the consent, approval, or author! of the Superintendent is required by the provisions of this ordinance, Uieresolutiongiviagorrefusingthesama shall be passed, /Kith the advice and consent of the Execntive Council, and shall be in writing under his hand; and whenever the consent, approval, or , authority of the Board is so required, the same shall be in writing under the. hands of three or more mem Txsrs, aad the Clerk of the Bpa^il. . 60., Nothing in this Orduiahce'shail be construed to render lawful any act, matter, or thing whatsoever, which but for this Ordinance would- be deemed to be a nuisance, nor to -exempt any, person from any liability to which he would otherwise have been subject in respect thereof. ; •" ' - 61. In the construction of this Ordinance, the following wbrjis and expressions shall have the meaning 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, footwayjEpavement, -court, 'alley, or passage, . "whetber. a thoroughfare or not,and tie parts of . any such read, .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 building only, or premises within the same curtilage, and made merely fur the purpose of communicatang f therefrom with a cess-pool or other like receptacle for drainage, or with a,sewer into which the drainage or two or more buildings or pre- - raises"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. / ... - ■< --:■ . . Passed the Provincial Council this eighth day of May, One thousand eight hundred and sixty-two.* .;■■' f 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 JBiil for the signification of the Governor's pleasure thereon. J. L. C. RICHARDSON, Superintendent of tie Province of Otago.