GENERAL ASSEMBLY

Otago Daily Times, Issue 212, 13 August 1862, Page 6

GENERAL ASSEMBLY

(prom; our special reporter.)

HOUSE OF REPRESENT AT IV ES.

WEDNESDAY, 23rt> JULY.

(Continued.)

Major RICHARDSON then simply moved the second and following resolution :— " That this House should be informed, ns far as may be consistent with any present op prospective Military arrangements, what measures are proposed to be adopted towards enabling the owners of property in the Tataraimaka Block in the Province of Taranaki, to return to their homes, fronj which they are still debarred by the unsatisfactory nature of the relations arising between the Government and Her Majesty's Native subjects residing to the southward in that Province." The COLONIAL SECRETARY spoke to a point of order, by which he would be prevented from replying, if he answered them. The SPEAKER said that when the Rouse had resolved that it was desirable to obtain information which the motions asked for. The Col. Secretary could then gh e that information whenever he thought fit—now, or at a future clay. Major RICHARDSON had asked these questions in a generous spirit, and trusted they would now, ov at a more convenient time, bo generously answered. • Mr. GILLIES trusted the Government would not let the House affirm these resolutions, without some notice of them being taken by the Ministry. Mr. FITZGERALD pointed out that the first motion having been carried without opposition, it was tantamount to their willingness to give the information, they ought to be allowed to do so when they thought best. It would be out of order to do so until the motion before them had been carried. Mr. WELD had not had time to master the mass of papers before him. He would explain the stoppage of the Auckland rcwd alluded Co lust night. (Mr. Stafford here whispered to Mr. Weld.) His hon. friend would explain that; he would only therefore say that what Governor Browne could not do when only a few troops were at Auckland, could be done by that concentration of the troops, which the Governor had intended to make. On the gravest question of. all—the position which ministers held towards his Excellency—further information was required, and must be given before they could discuss native questions at all. He would not care anything about his not acting cor.3istor.ilv with Uls former [ views ; he thought it neccssavv that the Ministry ' should fix their status with the Governor ami obtain the consent of the House ; and he would judge of it without reference to partv. The POSTMASTER GENERAL would give the information desired by the last speaker. It was undoubtedly the fact that the position of ministers was undoubtedly diiferent towards His 1 Excellency to that which niiuisters had under the previous Governor ; but it was different only as far ns the House had formerly resolved, and 1 no farther. The resolution of the House last i year, or rather that portion of it which related to the desired responsibility of ministers was as follows:— "Thatthe committee, therefore, declare their conviction that the time has arrived when it is necessary that a thorough and radical change should be made in the organization of the Land Purchase Department. "That an iudispensible step to reform must be the total separation, so often insisted on by the House of Representatives, between land purchasing and political functions, so that, as far as , the inherent difficulties of the case will permit, :no Officer of the Land Purchase Department should ever be engaged in political duties. "That any rc-construction of the Land Purchase Department on a satisfactory basis neccs- ' sarily involves also an entire rc-organiuaiion of ' the political branch of that Service, ant! that no such re-organisation will be effectual or satis--1 factory to the country which docs not, while '. fully recognising and securing to the Governor 1 both the initiative and the decision where Imperial i interests are involved, place the conduct of the * ordinary business of Native administration under responsibility to the Assembly." The Government were prepared to submit resolu- ' tions on the subject fur the consideration of the ' House. > Mr. BELL explained the resolutions above re- ' ferred to. Ministers were to represent to Sir , George Grey," on arrival, t'.iat they would not, 1 take responsibility in Europ'au, without equal * responsibility in Native matters. Ministers had fairly earned that instruction out, as he could I testify. He had moved the resolution above ? quoted, and in its spirit and limitation he and the , Ministry were thoroughly one. "While Sir George j Grey was in the'country it was absurd to expect 5 complete Ministerial responsibility in Native f affairs. If; was therefore desirable to settle the 1 position which the Governor and the Ministry i should mutually hold. Mr. STAFFORD admitted that the resolution \of last session was a justification so far as Minis- [ ters were bound to act upon it with a view to the sweeping away of the Native department. Yet the position of responsibility between Ministers and the Governor in the future remained to be . determined, and he would assist to the utmost in t defining it, in the same spirit iu which Mr. Ward had said Ministers intended to introduce it. There could bo no feeling now that there was any groat unreality or sham behind.- He trusted that until the responsible relations had been settled, no largo r Native questions would,-,{?c brought before them. rHe objected to the extracts read last night as ' giving a view which the context would not , warrant, and wondered how the Ministers could >. be satisfied with the result of the progress which 1 had been made. They were indeed satisfied with ' very little. He then entered very fully into the question of responsibility in Native affiurs, ! affirming that only the Imperial Government and ! that House could ratify such a contract; and con--1 eluded by assuring the Ministers that every possible information on Native matters was required and must be given. The COLONIAL SECRETARY kissed the rod administered by the last speaker. lie defended the course pursued by himself last night. He had made his statement simply with the view of affording information, and had hoped that members would have exercised their opinions 011 the subjects then allntUid to—in tHct have initiated discussion on the whole question. He was : prepared to answer Major Richardson's motions when; carried and put to him as questions. lie ! had no desire to keep back anything; he venti- '• iated the . Native question last night with a view ;-" to give all information in his power. He appealed to what ho had said on " responsibility": last i,' night, showing that.ho considered that it was for the'House to affirm or disavow the arrangements , made with; the Governor. He thought' still tliat >. it would notj be wise to define too closely, but ';, would place a notice oh the paper to-morrow. He '■ bad never intended to shut out the House from ' considering the subject.! If Major Richardson, on the motion being carried,would defer the questions * they contained until to-morrow, he would be happy to reply to them. Put and carried. The COLONIAL TREASURER was prepared to postpone the Budget until the great question the' rel^<^^^^^^^lMs and the Ministry was settled, but "lie would"go on with it if lie desired.. He wpuldi at the suggestion' of - ;lian. members, vgo;iqte;X^initteeiof^.Supply, :i csimplyiaskingfpE.AiVibte of Credit;; which, being recommended, the House passed on to the orders ■ i-i» j.n-_ j .■ ■ • ■-.•■■ •-- •■ ■•-.-»

' '. -:■ l t suprwr. \ . ! On the motion of the Hon. the "COLONLVL I TIiBASUREII, the House went iato'Coaimittec of} j Supply. - . , | , The.OOtONIAL TKEASURER then r«ove.[ —"That this Committee will recommend tho , issue of monies from the public chest by the Colonial Treasurer in accordance with the provisions J of the Appropriation Act of 1861-G2, for a period ' of three months, from the Ist July, 1862." Motion agreed to. STEAM NAVIGATION BILL. The POSTMASTBU-GENBRA.L moved the second reading of " A Bill to regulate Steam Vessels, uifd the Boats and Lights to be carried by Sea-going Vessels," remarking that, the Bill was a bJghly necessary one for the protection of life and property, as a recent instance had shown. It was simply a practical measure, moulded on the Acts of tho neighboring colonies, which were modelled on the English ones, Bill read a second time, and ordered to be committed on Thursday. : The House then returned to the Notices of Motion. CLAIMS OP IMPEUIAL OOVKKNMENT. Mr. STAFFORD moved " For a Return of the amount claimed from the colony by the Imperial Government on account of any military or militia expenditure in connection with the native insurrection, showing the particulars of the claim." Motion agreed to. .ELECTION I'KTITIONS ACT. The COLONIAL SECRETARY obtained leave to introduce " A Bill to amend the Election Petitions Act, 1858." BiU read a first time, ordered to be printed ; read a second time on Thursday, VBISTINO VOW THE SKSSION, Mr. BILLON BELL moved that the following resolution of the Library and Printing Committee be adopted:—" That iu consequence of tho great difficulty experienced in getting" printed the papers required for the House, the form of motion | for \}\ intlng ought to he varied according to the | urgency of the requirements ; the usual form being retained for papers merely needed as onlinary records for the Appendix to the Votes and Proceeding.*, the printing- of which may bo po\tpoued by tho Clerk at his discretion, until after [ the close of the Session; while •jpr papers required for immediate use, the form of motion should be, that the paper be •printed forthwith.'" Motion agreed to. «O!.r> K!Kr.»S COMMITTEi:. On tho motion ■of the POSTMASTER GENERAL, the names of Mr. Dick and Mr. Domett were added to the Gold Fields Comnuttoe. The House then adjourned about at 9 o'clock. THURSDAY, 24-ni JULY, IBG2. The Speaker took the chair at 12 o'clock. Mr. DOME IT i>u:*entcil two petitions from Gcovfic Robertson, a:ikiu^ for compensation as a Zealand Company's Claimant, und also for hind proinisetl by Major Last to the officers of the flutt Militia. Mr. FOX laid on the table the following papers : 1. Copies of correspondence between JfisExcel- | lency's Government and tho Provincial Govenr ; menti of Southland and Outgo ois the subject of Lights ia Foveaux .Straits. (Partial Ittturn to an order of the IStli July, inst.) 2. Copy of His Excellency's despatch to His Grace the Duke cf Newcastle, Xo. 27, of the 26th November 1801, relative to the appointment of Mr. Grossmi m a Judge of the Supreme Court of New Zealand. (Partial Return to sn address ot" the 22tA July i;ist.) UNAUTHORIZED r.XVt.SUITV.m: OP GIINKItAr. oovr.usMESt, 1862. j Mr. STAFFORD moved—" For a return of all unauthorised exeunt tire cf the General Government <!nrhu; tic ycn.r endcl the 3(ltis Jur.e, 1862, distinguishing the d-ites of such expenditure." Agreed to. EXrKNMTURB OT WAtt LOAN. Mr. STAFFORD then moved,—" For a return of the amounts expended out of tho war loan of X150,000, in continuation of papers presented to the 1 louse last session. Sessional papers B, No. 5." } Agreed to. ItEl'OKl' OF OFFICERS— LAXIi I'UnCJIASB JDKPART.MKST, Mr. STAFFORD further moved " For copies of all reports of officers of the Land Purchase Department, relative to the extinguishment of Native title, in continuation of papers presented to the. House last session. Sessional papers C, | No. 1." | Agreed to. ! NUMDER OF^ ACRES OViiJt WIIICII NATIVE TITJ.K has ni;kN i;xtisoujshki>. No discussion ensuing upon the foregoing motions. Mr. STAFFOUD moveJ the following.— " For a return of the number of acres over which the native title has Wen extinguished during the year ended SUth June, 18u2—the amount paid, or agreed to be paid for the same, and the quantity , surveyed during the same period—in continuation of papers presented to the House last Session. Sessional papers C, No. '3." " For a return of the names of all persons employed in or by tho Laud Purchase Department during the year ended the 3nth June, 1862, in continuation of papers presented to the House last Session. Sessional papers, C, No. A." "For a return of all persons employed ia the administration ofnative affairs—capacity in which employed, and the salary of each." " For a return of all sums paid to natives duriug the year ended the 30th June, 18C2. stating tlte dates of payment, und the names of the persons to whom the payment were made." Agreed to. TKXM OP OFFICE OV SUTIvRINTENDKNT, &C. Mr. WATT, in reference to the wishes of several lion, members, postponed the following motion ;—♦'That in ■the opinion of this House some alteration of the elective character of the Office of Superintendent, and the term of ofiice, is necessary." MINUTES OP SKCItET C'OMMITTRK. Mr. DILLON hELL moved—"That the Keportofthe Joint Committee of both Houses on the Minutes of the Secret Committee of last Session beadopted." Agreed to. Mr. FITZGEHALD moved, as an amendment, the addition of the words—"But that none of the records of the said Secret Committee be at any time printed or made public except by the leave of this House and of the Legislative Council." Motion and amendment agreed to, and ordered to be transmitted to the Legislative Council. KEI'ORT OF LIBRARY AND TRINTINO COMMITTEE. Mr. DILLON BELL moved that the following resolutions of the Library and printing Committee be ordered to be considered in Committee of Supply:— "1. That in the opinion of this Committee the Books lost in the White Swan should be replaced. " 2 That in the opinion of this Committee the ordinary Vote for the Library should be largely increased this Session. "3. That in the opinion of this Committee, the fees received by the Clerk for Private Bills (including thoso already paid) should bo made applicable to the increase of the Library." Motion agreed to. . sm'vi.r. The Resolution agreed to on Wednesday in Committee of Supply was read a second time and adopted. audit coMJtrrrfeJE. Messrs. J. Cv Richmond,; FiUherbert, and O'llourke were elected members' of tho Audit Committee j the former having the greatest number of votes, was appointed Chairman. -.-■..* CROWN ORANTS BILL. v The Crown Grants Bill was further considered in. Committeo, reported to thp House with amendments, and ordered to^ be considered on Friday.' ' .. ;-.-.•,■•.■; THE CRCnVN LANDS BILL ; '.. U-V;"-i' Was also further considered ia committee and TtirnftTnaa ratwetnUl : 1 ' ■ ' :'

THE STEAM NAVIGATION UILL. This-Bill was partially considered in committee and ordered to be further so considered on Friday. TUB ELECTIONS PETITION BILL Was read a second- time, committed without amendment, read a thud time, and passed, and transmitted to the Legislative Council. MESSAGE. A Message was received from the Legislative Council, enclosing minutes of Secret Committee on Military Defence. The House went into Committee of Supply, reported progress, and obtained leave to sit again to-morrow, . Thw House then adjourned at quarter to six. r THE NEW KATES'OF POSTAGE. We publish for general information, the New Bates of Postage in force from and after April 1,1862 :— NEW ZEALAND. RATES OF POSTAGE CHARGEABLE ON MTTEItS, NEWSPAPERS, AND BOOKPACKETS POSTED IN THE COLONY. LETTERS. —IstASD Letters. Not exceeding .j 0z... ... .. ... 2d. Exceeding % oz. s and not excee^i);? 1 07. ... 4d. „ lpz., „ „ 2oz. ... Bd. And soon, increasing ffuuj-er.w; •'"*" every additional ounce or fraction of an ounce, 2.—To the United Kihobom. By Southampton or by direct ship— Not exceeding \ 0z... .. .. .. 6d. Exceeding A oz.. and not excelling 1 oz. ... le. ~ I oz., „ „ 2oz. ... 2a. And so on, increasing one sbilllnj? for every additional ounce or fraction of an ounce. By Maiveiilerf — Not exceeding | 0z... .. .. ... 9u*. Exceeding i oz., and not exceeding A oz. ... Ib. „ joz., „ „ foz. Is. &d. „ 5 on., ~ „,, 1 oz. ... 2s. And so ou, being an addition to the onlinary postage, at the rate of threepence per quarter ounce. $. -To UntTlfcH CoLO.'.'IES AND FoREIOM CoDSTEIE3 Not exceeding Joz .. .. .. .. Cd. xcaeding A oz., and not exceeding 1 oz. . ♦ Is.. „ 1 oz., „ ~ 2 oz. .. 2a. And so on, increasing one shilling for every additional ounce or fraction of an ounce. £ry Except iu tho following ca#S3, where special rates are payable. i. —To tub Ct>STih*E.\T or Ki'rope via Thizsts. Not exceeding | oz.. .. .. Is. Cd. Exceeding i oz., and not exceeding 1 oz. .. Zc. j ~ 1.0z., „ . ~ 2oz. ... Cf. ! And bo on, inerea&ing three shillings fur every addi- i tional ounce or fraction of an ounce. I s.—To Syria anu Turret. Letters will bo forwarded r;« Alex.*ui<lria and Jaffa nnlc:i uinrkol f«r Irujsmlv-ion vhi the United Ksii^ilom). ami will lie cL:tig*.-«l ~xt fallow.* :— Hal exc«i>-ding \ oz. ... ... ... ... lid. Exceeding \ oz...and not excelling 1 oz. Is, 10d. And bo on, increasing one shilling ami tenpenee for every additional ounce or fraction of an ounce. fi. —To Ciiisa am> the Kastkhx Abcuh-klaoo. I<etterr. a(.llrc«si«l to lloti^k&»<r, Fcrjing, Singapore, orany-iiart of Chinaor Jaj».in, the I'hilHpine Islands. j*ava,"&uuietra, Borneo, Laht&n, the Moluccas, and Siain, arc chargeable an follows : — Not «xoeeding A »z. ... .. .. ..Is Kxeee-ling J oz. and not exceeding 1 o&. ..2s Ami 60 on, ineruaMiig two shilling for every addiivnal ounce orfntctici n!" .i ounce. 7.—To Naval Opfickh os Fqkkiok Statjoss. Letters juMr&vKed t> Officers KTvjng on board any of Her Mnjoty'H «hif a t■n a foreign hiation, whrn tent ti. rough the, Unit fit Kingdom, are chargeable as loiiow.4 ;— Nfitexrcuding .} 0z.... „. ... ... Is Exceeding km., and not excelling 1 oz. ... 2*. ~ 1 oz., „ ~ 2 oz. ... 4s. And so «n, increasing two shiUinpt for every additional ounce or fnurti iof an ounce. jS. —To Nava .Skams-s akd Soldibks. Letter* sent to or »y Hianit-n and iSoldiers injtfer Majesty's service will Us tnuwmiittxl within" the Colony, an>l between the Colony and any Past Office in Uj« iintixh dominions, at a charge of One Penny, provided that the jol lowing regulations are ot>fcervfcd :— 1. Each letter mu!,t not exceed lialf an ounce in weight. 2. It must l>e Buperscril>c.l with the name of the writer, his description or claM in the vessel or regiment, and aigae-i by the oliiewr at the me in command 3. The postage ie ust bo pre-fjnid. Every fetter of this dvacription, posted or receive^l in thi"* Col->ny not in accordance with, the • fore^otn^ rogulalion, will be treated aa^an ordinary letter. D.-^jieb Letters. Letters on the public service of Her Majesty's Naval and Military Force*, are exempted from the payoteiit of postage, if bearing the words "On Her" Majesty's Service," an I the si^tmtuTe of the officer in command of the force on the Hirvica of which the • letter is (icapattiu&l. Hut sudi LUc-rs caanot l>e transmitted by any irregular route, or one entailing vlditional expo !»e ou the Colonial Government. , Letteri on tho public service of tlie General Go- , yevnmeut of ths Oolouy are tran«initt«(l free by post, . if Iwaring^ tin: wonLs, "On the Public Service only,"' ami the isjjrnaturt} of nou,o ot\\<:-:r of the General uovernment autU>3fi«d tf> fnink oitl :iai letters. 10.~VlKfiihTr.rtEi> LirrTEßs. ■ Legestnilion Fee ... ... .. ... Is ; In 'addition to the ordinary pontage chargeable on any i letter. Except iu special cases, as exhibited in table ; we «übjoinex]. NKWSPAPEES. 1. To any prvrt of the Colony, if published in the Colony, and posted wituia seven days from pubhV it ion .. .. Free. ' If not published inthe Coloay, or not ; posted within seven days from publica--1 tion, each .. .. .. .. Id. 2. To the United Kingdon, via Southampton, or by direct ship .. .. .. Free. To the United kingdom, via Marseilles, each .. .. .. .. 3d. f 3. To the Continent of Europe, via Trieste, ; each ... ... ... ... 2d. t 4. To Syria and Tnrk.iy (not through the » United Kingdom), not exceeding two

ounces ... ... ... ... Id? And so on, at the rat f one penny for ever addi| tional two ounces. Note.— For the Postage: chargeable on Newspapers, forwarded to other countries, through the United Kingdom, see table (A) subjoined. BOOK PACKETS. % 1. To any mrt of the Colony, or to the United Kingdom, via Southampton Not exceeding 4oz ... ... ... 4d Exceeding 4 oz., and not exceeding 8 0z... B*l. „ 8 oz., • „ „ 16 0z... Is. 4d, And bo on, increasing eight pence for every additional lialf-pound, or fraction of hnlf-a-pound. 2. To the following British Colonies— Ascension lonian Islands Bermuda Natal British West Indies Kew Brunswick Canada Newfoundland CajKi of Good Hope* Nova Scotia Falkland Islands Prince Edward Island Gambia St. Helena Gold Ooa3t Sierra Leone Heligoland Vancouver's Island Not exceedint; 4 oz. ... " ... ... 7d Exceeding 4- 0.z., and not cxeaeding 8 oz. ... Is. 2d 802.. ~ „ 16 oz. ... 2s. 4d. a«d so on, increasing one shilling and two pence for every half-pound, or fraction of half-a-pound. PIIEPAYaKNT BY STAMPS. AH letters, packets, und newspapers posted in New Zealand, must be prepaid by affixing postage labels the colony of sufficient value. IOOSE LETTERS. All letters reeeivr I frojn beyond seas,at any Post Ofliee in this Colony, which have not been regularly posted at the place of despatch {loose letters), lire chargeable with full postage, according to the rates established by the foregoing tables, unless they, are letters which it is not compulsory by law to send by post, in which, case they are chargeable with the inlaad rate of postage only. INSUFFICIENT PAYMENT. ■ Letters and packets liable to more than one rate of postage, and addressed to places within the Colony, pr.to the United Kingdom, jt bearing at least a single rate, will 1)3 forwarded and charged with the postage

and packets so addressed, and beating less than a single rate of postage, and all letters and packets otherwise addressed, not bearing the full postage chargeable, will be detailed ana returned to tae sender in all cases where practicable. Newspapers, if posted without prepayment of the full amount of postage chargeable, can neither be forwarded to^ their destination nor returned to the sender; but will be delivered or forwarded to tho person addressed, on application, within sax months, at the office where same were posted, and payment of the deficient postage in stamps. j BEaiBTBATIOX. Any person can have a letter registered by affixing on it by means of the proper labels the amount of the registration fee, in addition to the proper postage, and presenting it at a Post Office during office hours,: and at least one hour before the closing of the mail by which; it i» desired to be transmitted. Every precaution will be adopted to ensure the safe delivery of a registered letter, by entering it on the^ letter bills, and obtaining arecoipt for the same on delivery. As the Post Office, however is uot responsible for the loss ot any letter, whether registered or otherwise, personl? sending bank notes or drafts are advised to take the numbers and particulars, and Tto cut the notes or drafts in halves, and; to scnd| them by different post •■-.'■ RE-DIRECTION. Letters, newspapers, and packets wil be rc-directed from one Post Ofiice to another on the written in- I structions of the person addressed, but on re-direction j are chargeable -with a new and distinct rate of postage, to ba paid on delivery. m PENALTIES. 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-packtt, it liable to a penalty of £20. «IZK AST) WKIGHT. No book-packet or paek«t of newspapers will be received, nor wiil any Portmastcr be required to receive any letter if it exceed two feet in length, one foot in width or depth, or three pounds in weight. BOOK-FACKKT3 TO BK OI'EK FOR INSPECTION. Every book-packet shall be sent open at the ends or sides, and there shall be no enclosure sealed or otherwL«e 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 packet-book may contain auy nuiabcr of separate books, maps, prints, or piiorocraphs, nnd auy quantity of paper, vellum, or parchment, either printed, written en, or pining {exclusive of anything in the nature of a letter whether settled or open,} with the binding, covering, or uiountlbg' attached or be'ous^jjg1 to seen book, print, map, or pbotogmph, and all thing* legitimately appertaining to or necessary for the transuikdon ot any tm*!o.*jd literary or artistic matter, but exclusive of glass in any fovin. TII2 names and addles of the bui'dcr may appear on the cover. OVKRLa.HU CARRIAUR. No Posttna^tiT wiFt be rcf\\xiral .to receive any !»ook-packet for trail-irjssion by an oi'crhnd mail, h from it* weight or uay other cau^ the packet appear calculated to rrtnrd the carrier. CKO.SBIE WARD, Posbnaster-General.

SUNEDLN IMPROVEMENT OBDI-^.!

NANCE, 1862. . ' An Ordinance for Promoting the Ipiprovematt of tlie CUy of DmeditU, _$ Whereas it is expedient to mafc'e father and more effect ual provision fordrainiag, chasms, %htm ff , and paving tlie city of Dunedin, and **•$ sfJiarv £- provement thereof, and in oth&'vesndfiig' \q amend ' the Duuedm Roads and Streets Grdiaanee, 1855:" Be it therefore enacted' by tho Superintendent of the'Province of Ougo,with the advice and consent of the Provincial CWfcil thereof, as follows:— 1. This Ordinance" shallbe termed, and maybe cited and referred to as the " JDunedia Improvement Ordinjjuce, 1802." . 2. This shall come into force on and after a day to be fixed by the Superintendent, by prociamaination in the Provincial- Government Gazette, which proclamation shall not be made unless and until the Governor shall intimate that he has 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 thi3 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 passiDfr of this Ordinance, the Board shali divide tho 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 the said 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 \\ ards, and boundaries thereof, and any alterations thereon, shali be intimated by advertisement, to be made m the Provincial Government Gazette and in newspapers published in Duuedin. 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 peson in each Ward, who may be liable to be rated, as hereinafter mentioned, in consideration of any lands, buiiuinurs, and hereditaments owned or occupied by him, aud situated within the boundaries of any such Ward ; and shall cause 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 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; 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 the Board ; and if at any time after the completion of such Rate-payers' Roll any person not being liable tota placed on such Koll at the time of its completion, shall thereafter become liable to be rated for or on account of any lands, buildings, and hereditament? 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 ia 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 be placed on the Ratepayers' Roll for 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. Th ere shall be three Members of the Board 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 personnlly at such place, and the names of the persons voted for 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 tlie 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 ia 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 voting iu 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 shali theraafter 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 Votes), aud 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. j 11. Not less than six nor more than twelve days i 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 ia Dunedin, and ia 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 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 ia 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, 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 j and if any person not qualified to vote shall nevertheless vote at any such Election, every such person so offending 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 con- \ siders 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 •hall remSt to a Committee of five of their number to inquire into the merits of such disputed Election, ami report thereon to a subsequent meeting of" the Board, and the determination of the Boa-d on such report shall he final and conclusive j and if, upon the Clerk's report, oruoona scrutiny demanded, and the said Committee's report, there shall be found to be an equality of votesat any of the said Elections, the Board shall determine which of the Candidates shall l»e preferred.

■*^^&C^w^fei&*e;'Meiaibe» defiedfor each Wari shfl^^nwall^^out of^oiiice^Ma tKe~Bbard shall causeitKCSr^of theirretirement to be determined Jby-Bajj^f not Jess thanL thirty .dayaJprevious-ihereto: anaaajrinomljerretiing as aforesaid shall, if duly <ju^fie^ be eligible for re-election.

v 16^jWhen the office of a Member of tba 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 be fixed for the election of a new member, to supply the said vacancy, and shall intimate such election by advertisement, and the election shall proceed in all respects as in manner herein provided m the case of annual elections: and within two days-after-such election, the Clerk ehall 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 pet son elected, to complain, and for the Board to proceed m regardto such election n manner hereinbefore directed in the case of complaints in annual elections: Provided always that such petition and complaint be lodged with the Clerk before the first meeting oi the Board after such election.

17. General flleetings of the Bowl shall he held in the Souths of January, April, July, and October, for putting the powers committed to the Board in execution ; and all such meeting shaU be called, and the proceedings thereat shall fee conducted in the manner set forth in the said first recited Ordinance.

18. If the Electors of any of the paid Wards shall refuse or neglect to elect Mem tors of the Board, upon any day duly appointed for such election, it shall be lawful fortlie Board to nominate and appoint qualified persons to be such Members, and such members, when so nominated and appointed, shall have and enjoy the same powers and privileges, anrl shall remain the same time in office, as if they had been duly elected by the eleetora 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, and 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, nnd applied, the sums of motiey hereinafter authorised to be assessed, levied, raised, and applied.

20. The Board shall, and they are hereby authorised and required to provide all necessary implement*, and take all necessary measures for watering, sweeping, and cleansing the streets, at sueh time's 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 sweeping of the streets.

21. It shall be lawful for the Board to make provision for lighting the streets, in such manner ana to such extent as to the Board shall appear suitable; to provide, erect, and maintain such a number of lamps, Limp-posts, and lamp irons, and other appurtenances as may be necessary for that purpose; to light, or enter into contracts for lighting and casing 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, lamp 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 wuUs 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 alter, amend, and re peal, Kules, Regulations, and Bye-laws relating to the cleansing, lighting, paving, causewaying, metalling, and repairing <-.f streets; the making and repairing of common sewers, 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 Enjnne 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 $8 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 sueh penalty shall exceed, for any one offence, the sum of forty shillings, and in the ease of a continuing nuisance, the sum of five shillings for every day during which such nuisance shall not be abated. 24. No bye-law roa-ie 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 SaSuperintendent; and 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 arid effect.

25. It shall 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 ami Cleansing; to cause to be removed from the streets all dung, soil, dirt, ashes and filth; to sefi that all Lamps be lighted 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 Re^ulatious and Provisions for the prevention of Nuisances, and the promotion of the health and comfort of the Inhabitants; and generally to obsy all the Orders, Instructions, and Regulations which may from time to time be made relative to th« execution of his duties.

2C. 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 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 to 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 exeeed'ng 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 liegulations 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 pi Dunedin.

29. All Sewers, whether existing at the passing of this Ordinance or made at any time thereafter, together with all Buildings, Works, Materials 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 outaa 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 behalf 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, 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. -

81. The Board may from time to time repair, enlarge, lessen^ alter, arch over, or otherwise improve all or any of the Sewers under their management and control, and discontinue, close apj or destroy anch of them as they may deem to hare become unnecessary: .Provided always that the discontinuance of any Sewer shall be done with the approbation and onsent of the Supermtemdent, and to as net to create

'.*??Jißanee; and if by reason thereof any person is deprived of tlie lawful uB of any Sewer, "the'Board" snall provide some other Sewer a« effectual for Ida use as the one of which he in, so'deprived.

32. The Board shall cause ths Sewera under their TOan3 gemenfc and control to be constructed, covered, *°u.Kept so as not to be a nuisance'.or, injurious to health and to be properly cleared, cleansed and emptied, and for the purpose of cleansing- an 1 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 communicate with and be emptied into "such places as may be fit and necessary, and may cause Sewage and refuse thereirora 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 Dram to communicate with or be emptied into any bewer 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 iioa.ru 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 ptrand 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 be made or constructed contrary to this enactment, the Board may cause the same to bo altereJ, pulled down, or otherwise dealt with as they may think fit, 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 adjoinin" or near to but beyond the limits of the City of Dunedin, 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 such owner or occupier, and ihe 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 newjy to erect or torebuild any house or to occupy any house 's* newly erected or rebuilt, unless and until a covered drain or drains be coustrucfed of such size and materials and at such level and with such fall as to the Board shall appear to lie 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 a:i<l eoinmnnicnte with a Sewer of ths 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 means of drainage ba within that distance, then the said drain or draitis shall communicate with and be emptied into such covered cesspool or other place not being under any house, and being at such dhtaucc from any house, as the Board sliall direct, and whosoever erects or rebuilds any house, or occupies any Inuse contrary to this enact <ent, shall be liable for every such offence to a penalty not exceeding Ten Pounds.

33. If at any time it appears to the Board that any house, \vliether built before or after the passing of this Ordinance, .13 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 be given to the 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 means of drainage, one or more covered drain or drains, of sueh material and size, at such level, and with such fall as shall appaar to be necessary ; and if such notice shall not be com[.•lied with, the owner shall 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 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'c!o?.et or privy; and if sueh notice be not complied with, the owner shall be liable to a penalty not exceeding Ten pounds; and the Board may, it they shall' think tit, 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, Ehall 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.

S3. The level of the streets shall befixedbytheßoard and fourteen days at the least before beginning to dig or lay out the foundation for any new house, or to rebuild any hous*, 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 oi this Ordinance, the offender shall be liable in a penalty not exceeding fifty pounds; 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 the same as hereinafter provided.

40. The Board shall appoint an Inspector of Fire Engines, who shall have the charge of the said engine?, pipes, and other appurtenances ; and shall also appoint such number of firemen as the Board shall think ht 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 for the Board upon application made 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 pecu-j piers 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 exceeding ten pounds per centum upon the gross amount of such expense, as inay 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 Bhall have power to modify said charges when they see cause. ;

43. The Board1 may with the approval and consent of the Superintendent, provide the City of Dunedin with such, a supply of 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 bouses, 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 pumps, wells/streams, conduits, and aqueducts, used for the gratuitous supply of water to the inhabitants, to be continued, and for thai purpose may, if tlwy shall

think fit, construct any number of dsusrns, piimtfl ■wells^conduits, and works; ~^^r~"~^^^'^~"-^~ m 46. Whenever shall wilfnlly dertroy or injure anj <astern, well, pump, reservoir,- conduit, aqueduct, or other water works belonging to, or under the management orc^ctrol of, the Board, or sha'l unlawfully dirert or take water from any sueli works, or do or suiler to be done any act tr thing whereby any water contained in any such ctaern, ■•veil reservoir, conduit, aqueduct, or other waterworks, shall be fouled or rendered unwholesome, shall for every such offence forfeit a sum not exceeding Kre 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, and support or contribute towards any premises provided for such purpose. . 43. 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 make such rules, and regulations with.reference to the licensing of carters, the places where they shall stand, the rates they shal Jireceive, the distance they shall be compelled to go, and such other matters as may tend to the public convenience in regard to thi m 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 five 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 Pvovindal GovernmentGazette. 49. AH 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 ofi the Assessment authorised to be made and levied by the twelfth clause or section of the said first mentioned Ordinance j but at any meeting of the Board convenened for the purpose of making or considering such assessment, the Board shall estimate ami fix such sums of money so required and necessary to be levied under the several hjads 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, asd shall not ia 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 raakingoreoasideringsuch assessmenttoexempt for a time, or from time to time, any street*, lands, and houses, from all or any of the regulations in regard to lighting and cleansing respectively, established or hereafter to be established by or in pursuance of the " Dunedia Hoads and Streets Ordinance, 1855" and this Ordinance; and auy each streets, lands, and houses, if so exempted from all Buch regulations, shall, during the continuance of such exemption, be free from payment of any part of the assessment authorised to be levied for liquidation of the expense of lighting and cleansing; but in the e?ent 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 Bjanl 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 * permanent nature, and executed or done for the benefit of any district or part of any district, whether forming1 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 expenses are incurred or to be incurred, a rate or rates, to be called Special District Rates, of such amount as wiil be sufficient to discharge the amount of such expenses, and interest thereoa witliin 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 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 n.n& convenience of the inhabitants of such part ef Dunedin, the Board on receiving security to their sj-.tistiicdon 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 pro vided ; 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 in the ewnt of there not being volun- \ tary contributions of adequate amount for the purpose, the 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 1 such manner as the Boardfihall 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 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 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 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 matkr of such appeal: Provided that the person so appealing shall give notice in writing to the Board of such his intention, of appealing, fourteen davs before the holding of the Court, at which sack appeal may bs heard and determined.

54. -In order to raise the money which may be necessary for the purposes of thi3 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 sum or sums 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 bUlg 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 herebj authorised to be made and levied, until the sum or sums 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 mon«y 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 auihei-jzed to be made and levied, until the sum or sums so to be boiTowed 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 securitiesas aforesaid.

57. In no case shall any forfeiture, penalty, or fine! imposed in pursuance ef this Ordinance, or of any bye-law to be made agreeable to the provisions of this 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 >eay, and shall be sued for and recovered by, and paid to the clerk of the Board, and shall be accounted f-ir by him to tte Treasurer of the Board, and shall form part of the frede for tie general* purposes of this Ordinance, : L"

58. In all cases in which, any notice is by this Ordinance required to be given to the owners or oeeupiers of any premises, it shall be sufficient to 'address the notice to them by the description of tine owner cr 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, i ana the nota« shall be served upon them or one of them, as the ease may require, [either personally or by delivering the; same .to some 'iastrte of Mi or «i«sr plate ofstale; or ia fin\.mm-

of tte occupier, and also in the case o£€he owner, if *»-Ptoce ofalvjde, be^ unknown,««poa- ftsv-imnaie 01 the preimses, cr if, they be unoceupied'and the owner s plaoe^ of sresirien^feSimknown, it shall ue. somcient to fti; the; D6tice~ trpon some^con--8 P^ ?f the premises -Provided always In the case of notices to the owner, that 'although Tus place of abode be known to the Boaid, jet if it tg not within -Dunedin, it shall be sufficient to transmit any him by name throngh, the Post «fSI en? v? r,the apprpval^or author! oi the bupenntendent is requirat fav the provisions of tbu: ordinance, theresolqtion|-iviiig6rrefasing the same be passej, vifo the advice and MoSe Executive Counci], and.shall beji a writinrunder his handj^and whenever the cousent, approval or bt£°^ t ?f 'shall -•- 60.~KoaiBffin this Ordinance shall be construed to render lawfijl any, act, matter, or thine wbttsoercr which but for this Ordinance (rould be delm^SThe anuisaacepor. to: exempt any person from any liaS^rKfl WoUld OtherJi^ been^t u£k -Q>*p.°P«*™e^«i' of this Ordinance, the folSl^6l^ 011? have the meaning iT^fT^f-** t£em >Bnless sucb meanings be reS?hW °« nd-ncOn?? t, ent with the content of the SSflSSS.ffi^ 11 -^ o—presdons The word "street" shaU include any road hrid^ footway, pavement, court, : alley, or ?nassa?e' whether a thoroughfare or not, and the parts of , auy sach road, bridge, footway, pavement, court, adey, or passage, withia the city of Dunedin. Thejword 'sdrain": shall mean and include any dram of and used for the drainage of one buildln^ only, or premises within the same curtilage, anS made merely for the purpose of communicathj" therefrom, with a cess-pool 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 a1- ?T S of ever -' description, except drains to -- wnicn the word " drain" interpreted as aforesaid applies. Passed the Provincial Council this eighth day of May, One thousand eight hundred and siity-ttro. ALEX. BENNIE, * CHAS. SMITH, . Clerk of Council. Dunedin, ninth May, One thousand eight Hundred and axty-two.-I hereby declare that I reserve this Bill for the signification of the Governors pleasure thereon. J. L. C. HIOHAEDSON, Suptrintendentof the Province of Ota-o.

A PROCLAMATION. Bringing into force certain regulations touching the «urr^e of passengers from A rew Zealand to other ■English possessions in Australasia. By His Excellency Sir George Grey, Knight, Commander of the Mos>t Honorable Order of th« i>ath, Governor and Coinniander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies,-and Vice-Admiral of the same etc., &c, «c. Whereas, by_ an Act of the Imperial Parliament, passed m the bession Lel.l in the Twenty-fourth and twenty-fifth years of Her present Ma]estVs reign, intituled "An _ Act to empower the Governors of the several Australian Colonies to regulate the number of dassengers to be carried in vessels plying between PortsinthoseColonie^-.it-is amonJ^efSg enacted that it shaU be lawful for the Governor of each of her Majesty's Colonies already or hereafter to be established iu Australasia, by any Proclamation to be by him from time to time issued for the purpose (which Proclamation shall take effect fromW issuing thereof, if no dar shail be named therein for the purpose),to prescribe such rules as he shall think proper for determining the number cf pis sengers to be carried ia any passenger ship which shall proceed from any such Colony to any other of Her Majesty's possessions for the tima being m Australasia, and for determining on what aeek or decks and subject to what reservations or conditions nassengers maybe carried, and also to prescribe such penalties for the infraction or rionobservane of such Rules as to such Governor mav seem proper; and it is also enacted that from the time when any such proclamation shall take effect and so long as the same shall, continue in force, the a f i^- contained in "The Passeiers i Act, 1850 " relating to the number of passengers to be carried in any passenger ship, and the deck Qo decks thereon they are to be carried, shail cease to apply to any vessel to which such proclamation shall be applicable, save only as to.the recovery and application of any penah* for any offenc3 * coninS agau^esajd Act before such proclamation shall Now, therefore, I, Sir George Grey, the Governor of iSew Zealand, m exercise of tl ie power vested in me by the above recited Act, do issue this mv proclamation, to take effect from the 16th day of June one thousand eight hundred and sixty-two, and I do hereby prescribe the rules hereinafter set forth for , determining the number of passengers -who mav be i r™ 6! "^ ? ny P3?*?^ ship which shall proceed | from the Colony of New Zealand to any other of Her \-:fift&J* Vo^*^ 0™ the time being in Austra. lasia, and on what deck or decks and uncer what reservations or conditions passengers may be carried and the penalties for the infraction or non-observance or eucli rules, that is to t>ay:— . . A.- Sailixg Ybsssis. 1. No ship propelled by sails only shall carry a greater number of persons (including every individual on board) than in the proportion of one statute adult to every two tons of her registered tonnage. 2. No ship shall carry under the poop or in the round-house or deck-house or on the upper passen^erdeeka greater number of passengers than inthe proportion of one statute adult to every twelve clear superficial feet of deckalloted to their use. 3. No ship shall canyon her lower passenger-deck a greater number of passengers thaa in theVoporaon of one statute adult to every fifteen clear superficial feet of deck alloted to their use,provided, nevertheless, that if the height between such lower passen-ger-deck and the deck immediately above it snail be less than seven feet, or if the apertures (exclusive of side scuttles) through which light and air shall 1» admitted together to the lower passenger-deck, shall be ess in size than in the proportion of three square feet to every one hundred superficial feet of the lower jassenger deck, no greater number of passengers shall be earned on such deck than in the proportion of one St&eSf CTeiy twen*y-fi ™ dear superficial 4. No ship, whatever oe her tonnage or superficial space of shall carry a Vreater number of passengers on the whole than in the nroaortion of one statute adult to every five superficial feet dear for exercise on the upper deck orWS S^S?? 1011 °f the m^ aat Officera tthf port of clearance,) oa any round-house or deck-house 5. In the measurement of the passenger-decks, QJrt'Jr? 6 ' m *P*~*™*, the spice fortS hospital and that occupied by such portion of the pereonal luggage of the passengers as the Emigration Officer may permit to be carried there, shSl be included. ..._•■... B.—STBAMERB. The number of passengers who may be carried oh board of any vessel propelled by steam grower shall be ascertamed and deternuned in manner foDowinff . I. Measure in eabie feet the clear space alloted to fore^abm. passengersi between decks, and divide the cubic contents by 72. ■■"—*-■ wmv me 2. Count the number of sleeping berths exclusively provided for the accomodation of fore-cabin passengers, and ada to it the number obtained as above^ 3> J^ 1 *™zte* thus obtained is the total number of fore-cabin passengers who may tecLSeS: i ?PCK^ ed *"• *e same Planner with the space alloted to after-cabin passengent. ."w»j*«*bi The results of the said computations shall determme the number of fore-cabin and after-cabin passengers respectively who may be carried on board of a Teasel propelled by steam power,and all passengers on board thereof »hall be included in one or otfcerof the s&iddenominations. -:....■ *.- '« If there shtll be on board of any ship or vessel at or afterthe time of clenrance a greater numbefeith'^ of persona or passengers (except by births at sea) than in t the proportions respectiyely hereinbefore mentioned, the master of such ship or vessel shall be liable to a penalty not exceeding five pounds nor less than one pound sterling tor tach person or passen«»Br constituting such excess. * r ' . >o; Given under my hand, at Wellington,'and issued under tte Seal of the CoWoFNeVr Zealand this Mxteenth <Uy of May, Vtlie year of en' Lord, one thousand eighthunowd and axty-two By Hk Excellency's commauid, William Pox. - Sod Save xks Qunx!