DUNEDIN IMPROVEMENT -ORDINANCE, 1862.

Otago Daily Times, Issue 213, 26 August 1862, Page 7

DUNEDIN IMPROVEMENT -ORDINANCE, 1862.

An Ordinance for Promoting the Improvement of tits City of Dancdin. Wherras it is expedient to make further and more efie.;tual provision fordraininp, cleansing, Hentin^ and paving the city of Dunedin/a'nd for theslnifeim provementtnereoi, a d in other respects to amend the •liuuedinTiwrn Board Ordinance, 1855," and the Duuedin Roads and Streets Ordinance, i 855:" Beit then fwo enacted by the Superintendent cf the Province o phigo. with the advice and consent oi the Proviacial Council thereof, as follows :— 1. TLLs Oi-.lh!a_Pce shall be termed, and may be Orfin^c"iSS** aS tb3 " Dunedin 2. This Ordinance shall come into force on and niter a day to be faxed by the Superintendent, by nrocinraatnation in the Provincial Government Gazette I wlucii proclamation shall not be made unless and until the iwvmior shail intimate that he lias left this Or dmsnee to its operation. And the Members of the iow.. i ß..ani oi Dunedin, fleeted under the said first reo.scu Onuuaiicc, shall suptriutend the executio'i of' tLi- yz-dmaiipo undi the cli-cUon of their successors n ofhcb uudcr th:s Ordiuancs. 3. Frnmha.l after the date upon which this Ordinance shai. uome mto operation in manner aforesaid •u.-h par-sot the said two mited Ordinances as are repyjr.i!int to and mennsi-tent with this Ordinance «li.<ii be and the same are iurehy repealed: Provided always tiiat, except in so far as hereby ropealed, ilio sai'j recited Omuia'ices sha?l be effectual to all intents and purposes, as if this Ordinance had not been passed.

4 immcuiatply afror the passing of this Ordinance, the Boam sh:ili divide the said City into Wards or Di>trtcts, and fix and determine* the boundaries tneirof; auu it shall be lawful for the Board to alter vary, add ro. or diminish tin; boundaries and extent of the said Wirds. or any of them, and to vary th* r.uajboi- oi said Wavds, in such manner as the state oi ii:e poyo.-iTum thereof, or other circumstances, s.r;:i arpfar to thura from time to time to require ; and the boun :arit-s of the Wards shal run aluug the mulille ot the strc-et3 by which they are de-ei-iivd to bu bounded, exeepu when the contrary is speciiiliy mentioned: Provitled always that such \\ fiivis, aria tliereof, and any alterations tuereuvi, J-uaii be intimated by advertisement, to be m:i.»e im th(- Piovincial Governiueut (iazelte and in newspapers published in Lnnetiin.

5. Immediately after the passing of this Ordinance and the division of the si id city into "Wards, as hereinbefore directed, and yearly thereafter as the Board shall direct, thi; Board shall cause to be collected the Names and Residences of every pe.* son in each Ward who may be li:ible to be rated* as hereinafter mentioned,'in consideration of-any lands, builuiutrs. and hereditaments owned or occupied by him, and situated within the boundaries of i\Ry such Ward : and shall 'oause a] ist ; i»i"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 \vh-re the Board will, attend to hear any objections that may he made to such lists; and at the lime aau place so named, the Board shall attend, enquire into, hear and determine any..-such* cbj-jcnnnsj'and the decision of the Board shall he firm! and i-onelusnve in regard to any and every objection made !i<r,unst every such list ; and. the said Hsrs, when thus sertk-tl and revised, shall be trarr~c*it.etl in a nook to be "called the-Rnte-payers' 8011, and shall c-r lodged with tlu> boo!*s aod pnptirs of the Beard ; and if a* r-ny time alter the completion of such Raepnvtrs' Roll anyptrson not being liable tolwv placed onsui.li Koli at th« time of its completion, shall thereafter become liable to lie rated for or oa account . of. !iny Isnris, bniidir.us, and hereditament** owned or occupied by him wiih.n auy such.-".Ward, it.shall* be competent for such person to apply to the Board to have his name frisertt'd in the Ratepayers' 1101 l 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 liate-payers' Roll as aforesaid liable to be rateii, but has since become so, and has for the space of ihree months previous to such application been so liablej the Board shall cause the name-of-su"h applicant to bo placed oa the Ratepayers' Roll lor 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 bo 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' roil for the Ward for ■which they are elected.

7. Every male person of full age who shall, under the provisions of this Ordicance,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 ratenajs crs' roll for any of the said Wards, as ereinbefbre provided, shall be deemed a ratepayer or the purpose of any such election for any Ward on the roll for which his name so appeal's.

8. There s-hal ihe three JFeinbers of the Board for each Ward, ■uho^e ejection shall ben.rle in manner as follows :—The Ork to the Board shall prepare a book for each Wave, and shall direct a Clerk to attend at Ecthc com eui'-iit place in or adjacent to each Ward, upon the first Monday in the month of December in every >e".r, mid the Hate-payers in each Ward intending io"v- te iv such eke*ion thai I appear personally at mich [>!ace, s: J the names of the i-jrsoru voted for and '.\><>. ni'iue-j of such voters shall be inscribed iv the iuld' book ty the Clerk, and subscribed by each Totei". 9. At any Ssjch election, it shall be competent for p.ii^" ca'.midate oi1 Ratepayer on the Ratepayers' Roll for .he Ward to object to any person tendering his vote i-.iA K-f'^e he has voted, only on the ground that euci: person I.s .not a Kntepnyer on the llalepfiycr-.' Eoiilortlm Ward, or ha-* voted before at the :=:>n>e •'eotioii; an<l ou such objection ht.-ing taken, the Cleric aciiiij; nt &i;ch election shall rosist»-r tuch vote, but Khaiiat tiie- b.ir:ie time make a memorandum of the nam: of sufli voter, and report such objection to the Ci«ik of I.if; j>'-ard in the Register Book as hereinafiei air-sd'.. 1.: ±'revi:!ed always that no elector bhall have uii-i'fi than onu vote in the election for a Ward •without prejudice to his voting in any other Ward or Waj"j- ii* qi>!» tii'.fd as afoivsaid.

10. Evt-ry snch Klec'ion i-hall commence at nine o'cl^eic in ti;e a\nini:ig of the day on which it is to tnk>- v.h.<x, «::.d shall continue until eleven o'clock of thu said diiv : s.ftor which r.o now Candidate shall be vote i ior.iind it' at mu-Ii last-meutioned hour t!ie nni.'i'.-s of not more persons than the number to be eiejteu sj'ili be inscribe! for the oftice in each Ward ro>» w;t^<.]..-, the elc:ctii«i m such care shall bo- (1c- • J.'tr'd lo be' it an end and no Vote- shall tlseraaftor be received; imt if the names of more persons than the nu.i-I'Cr to be ckctcd s.ha!l be so in>cribed then the Eaid B;ok &im!l K'niaiu op_-n u:«tiJ four o"c!ock of the saiu d>\-, aft-.i- which no vo'es fchall be received (ex cent those of feuch Electors as may be within ihe Polii.-g Vlace v.ailing to teiu-cr their Vote?), and the Elec-k'n shah be u< .j!:tredat i\r, end : Provided always thai k Mi:i!l bs- in the power ol' the persons voted for by a writing under th&ir hr.nds to tt-rminate the Pc'liint: at sny time of the day after eleven o'clock, they may think pn.^er.

11. Not lers: th.-iii six nor more than twelve days before the fii.rt Monday in the month of December in evtr\ ytar, the Cleik to the Board shall cause intimaf'oli i» b-e mailu by adveriisi-mci.ts iv nowspin)ers pubH.-lied in iJunulin^ and iv such other unraner as t]ie lf-«'id -'.hall dt-cm proper, of the days and places of eiectii'ii.

12. At tiic expiration of the period so fixed within ■whirii siic-i Wec'iioijs slut" take p!aue, the (Jleikssap-pci'nt'-ii tofittend Ihc same shall <:t!Wer the said books to the Clerk of ihe Board, who shall make up and -"-rite in eaf-h of the srii-J books asi ate of th» vctfs in the Ward, and shall affix to the door of his oiWca within two liny.- therf-aiter, the names of ihe pei>oi:s haviiijr tlie majority of v O f<-s, who shall be lifld t.j !:e eltcted us Members ot tlie Board ; ami ths gaiu books in which fio i.aiut;- and votf-s are inserted, £a laamifcr above dffcribal, shall r.-rnam open and patent fur the insp-ctiHii of a!i concerned, at the oflice of the Clf-rk of the Board, for four days aiter every such Election.

13. if any person filial, at any time, obstruct, hinder, or melesi either'any Khutor in giving Ins * vote. <>:• the Clerk nciinp at any Election, in the pirfonnancc of his duty, tver\ pei-son so offending shall, upon conviction before a Justice of the Peare, be liable to a pciiiiily of one ponnd for each offence ; and if any pci-son not'qiifilifica to vote shall nevertheless vote at any such Election, every such person so otfendin^ shall, uj:oii conviction aa afuresait), be liable to a penalty not exceeding two pounds for each oSen'*e

14. It shall be competent tr any person who con- ' sirers t' at lie ought to have been returned as a Mem tier 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 i;ersou on his behalf, and lodged with the Cleiktothe Board, within four lawful days after the Election; and on such pfctitism being presented, the Hoard ohali i-«niic to a Committee of live o< their number to inauire into the merits of such disputed Election ari reiMTfc tl^reon to a bubsequent. meeting ol the Board, mid the determination ot the *Jioa-d on «rh report -ha!l be final a-d conclusive; and i u,*oii the clerks report, or utiou a scrutiny Jjmanded. «nd the taid Oo.nndtteo's rcporr, tiaTe shall be found To be M equality of votes at any.of the said Elections, . the Board vfaali determine wliich ot the Candidates ■ . J iJiteprefcwed. ~

15. Oneof theth'-ce Members elected for each Ward shall annually go «,ut of ofti<-e, and the Board shall cause the order olHheir retirement to be determined by. Ballot, not less than thirty .lays previous thereto : mid any member reiirfaijr as aforesaid shall, if duly qualified, be eligible for re-election

16. When the office of a Member of tl» Board shall become -acant, by death, resignation, nonacccpiaiice, disqualification, or in any other way, the Uerk shall, at ihe first meeting of the Board after the occurrence of such vacancy 1; or after the same suau nave become known to him, report such vacancy, t.iat a day may be fixed for the election of a new member to supply the said vacancy, and stall intimate such election by advertisement, awl the election snail proceed in all respect* as in manner hervin provided in the wise of annual 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 pe'sou who considers that he ought to have been returned as the person elected, to complain, and for the Board to proceed iv reeard to such election n manner hereinbefore directed in the ca§c of complain1* in annual elections: Provided always that such petition and complaint be lodged with the Clovk before the first meeting of the Board after such election.

17. General Meetings of the Board stall be held in the Jionths of January, April, July, ami October, for putting the powers committed, to the Board in execution ; and all such meetinas sha'l bo called, and the proceedings thereat shall U-z conducted iv the manner set ibrth in the said first red ted Ordinance.

18. If the Electors of any of the said Wards shall refuse or neglect to elect Membere of the Board, upon any day duly appointed for such election, it shall he lawful for the Board to nominate and appoint (|ualiried persons to ha such Members, and sucii mi mbeis, when so nominated and appointed, shall have and enjoy the same powers and privileges, and shall remain tlio same time in office, as if tln-y had been duly elected by the electors in such Wards. 19. Save and except as herein otherwise provided, the Board shall have, nnd either by themselves or by Committees of their number duly authorised, slip.il cxi cute all the powers and duties vested in or imposed on the Hoard 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, and applied, the sum* ot money hereinafter autuorLsed to be assessed, levied, raised, and applied.

20. The Board shall, and they are hereby authorised and required to provide all necessary implements, and take all necessary measures for watering, sweeping:, and cleansing the sireets, at such times and in such manner as their Inspector of Cl ansinp? shall direct, and to enter "into .'contracts fur such purposes, and for the sale or disposal of the sweepings of the streets.

21. It shall he 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, eroct, and 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 canning to be lighted, such lamps, by means of oil or gas.-'or eudi other light a3 they may fi»J expedient; and to order the lamp-posts, lamp iron.?, and lamps, to bo fixed either ou the Rides of the streets or upon the curbstones of-th« pavement, or footpaths, or in or at the walls of buildings, upon indemuityuig the. "owners or occupiers for any:, damage done, the amount of which, 'in the event of difference

opinion, to be fixed and determine.! summarily .by the Resident Magistrate.

22. It shall'be lawful for the Board to make an( l enact, and from time to time to alter, nmeiui, ami re peal, Kules, Regulations, and Bye-laws relating to th cleansing, lighting, paving,, causewaying, meialiinsr and repairing <>f street; the making ard repairing* of coiumon sewers, (ha :is, privies, a!id urinals; the preventing and suppressing of nuisances, annoyances, and obstructions, aud the promoting of health within Dunedin ; and the proper uinnagement of the Fire Engine Establishment: Provided always that such rules,*-, regulations,'aud bye-laws shall not be inconsistent with, or repugnant to,- any Act or Ordinance in force within the Province of Otago.

23. It shall be lawful for the Board to impose and exact such penalties, tiues, and forfeitures for the infringement and breach of any such bye-laws as shall seem to them fit and "reasonable : Provided always that no such penalty shall exceed, for any one offence, the sum of forty shillings, and in.the casu of a continuing nuisance, the sum of five shillings for every day during which such nuisance fchall not be abated.

24. No bye-law made umler 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 hava been confirmed by the- SuSuperinteniient; 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 and effect.

25. It shall be the duty of the Inspector of Lighting and Cleansing to attend to th« due fulfilment ot nil contracts nmdu 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 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 thu Cleansing and Lighting of the streets, with the result of his own enquiries on the .subject: to enforce all tiie Regulations and Provisions for-rhe prevention of Nuisances, and the promotion of the health and comfort of the Inhabitants'; and generally to obey nil the Orders, Instructions, and Regulations whicli may from time to time be made relative to Ihti exeyuiian of his duties.

28. If upon the certificate* of any Medical Officer of the Cfovernnient or any two Medical Practitioners, it appears to the Board that any House, or Building, or ' part thereof, is in such a iilthy or unwhoh some condition that the health oi any person is aftected or endangered thereby, or that the whitewashing, cle-insing, or purifying of :»iy house or part thereof would tend to prevent or check infectious or contagions disease, the Board shall give notice in writing to the owner or occupier of &uch house or part thereof to whitewash, cleanse, or purify the same as the case may require ; and if the per&ou 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 exceeding Ten shillings for every day during which he continues to make default; and the Board may if they shall think J'tt cause such house, building, or part thereof to be whitewashed, cleansed, or purified, and the exne-ns-t-s incurred by them ia so doing shall be repaid by the owner or occupier ia default, and be recoverable from cither of them iv a summary way.

27. No noxious or offensive business, trade, or

manufacture shall be established in any building or place within the City of Dunediu, after the pasting of this Ordinance, without the consent of the Board, who may either refuse such consent or grant the same upon such conditions for ihe observance of such )te gulations as they may deem proper, in order to pievent or diminish the noxious effects of any such btisi-

ness; and whosoever oifcuds against this enactment shall be Ihtljie fi.r each offence to a penalty of Five Founds, 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 i'lovindal Civil Engineer, upon a scale to Iw piescrib'Mi liy the Sur-wintundent, a Map or Maps exhibiting a. system of Coverage for effectually draiuiu^ the City of Dunediu ; and a, copy of such Map ahrll he furnished to the Board and kept at the ollice of the Clerk of the Bo^.rd, and thrill at all reasonable times bi: open to the inspection of the Hatepavers or Dnneiiin.

29. All Sewers, whether existing at the passing of tins Ordinance or. made ai any time thereafter, together with all Buildings,- Works, Materials and things belonging or appertain ing thereto, shall bo entirely under the management i;nd control of the Board.

80. The Board from time to time shall cause to be made such Sewers as may be necessary lor effectually draining the City of Duuedin for the purposes of this Ordinance, and may carry any such Sewer through, across, or under any street or place laid out an or intended for a street, or trader any cellar or vau.t 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 what-so ever should such be necessary : Provided always that all such Sewers to be hereafter made shall be made in accoixiance with the system of drainage to be exhibited by the Map or ilaps hereinbefore mentioned, unless any deviation therefrom shall be sanctioned by the Superintendent, and until such Map or Maps are pre-. pared, shall be made with the approbation and consent of the Superintendent. 31. The Board may from time to time repair, enlarge, lessen, alter, arch ovtr, or otherwise improve ali or any o! the Sewers under their management and control, and discontinue, close up, or destroy such of them as they may deem to have become unnecesary : Provided always that the discontinuance of any Sewer shall be done with the approbation and sntent of the Superintendent and so as not to create

Nuisance: and if by reason thereof any person *s eprived of the lawful use of any Sower, tfij JJo \m rlail provide some other Sewer as effectual for hi 3 use h the one of which he i* so deprived.

I 32. Th.? Board shall cause the Sewers under their management aud control to be constructed, covered, and kept so as not to be a nuisance or injurious to I health, and to be proprrly cleaved, cleansed and ! emptied, and for the purpose of cleansing an'i emptying the same, they may construct and place either 'above or under-ground'such reservoirs, sluices, en- | gines, or other works as may be necessary, aud may ■ cause all or any of the s^iid Sewers to communicate I with and be emptied into bucli places as may be fit . and necessary, aud may cause Sewage and refuse 1 therefrom to be collected for sale or any purpose whatsoever, but so its 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 ttreet, without the written consent of the Board first hnJ and -obtained; And whoever offends against thu enactment shall forfeit to the Board the sum of Twenty pounds, and a further penalty of One p ■mud for every clay 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, ov.cellar shall be made or constructed contrary to this enactment, the Board may cause the same to be alterel, 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 adjoining or near to but beyond tlio limits of the City of Dunediii, may cause any Sewer or Drain of or from-such £ remises, to communicate with auy Sewer of t!ie ioard, upon such terms'and conditions tis shall be agreed upon between suu-h owner or occupier, and "Am Board, or in ease of dispute, as shall b»j settled by the Superintendent, whose award shall bo final ami conclusive.

35.. It shall not be lawful newly to erect or to rebuild any house or to occupy any house so newly erectffl or rebuilt, unless and until a covered drain or drains be constructed.of- such sizo and materials and at such level, and with such fall an to the Board shrtli appear to he .nccessftry an.l sufficient for the proper and effectual drainage of such house and its

nppurtenancrs; and the drain or drains so to be constructed shrill lead to and commnnicate with a Sewer of tlia Board, or such other means of drainage as the Board shall dircc*- if the same exist within one hundred feet of the sttn of such house';-and if no such Sewer or means of drainage be within that distance, then the said drain or drains shall communicate with and be emptied into such covered cesspool or other plare not being under auy house, and heintr at such distance from any house, oa the Board shall direct, and whosoever erects or rebuilds any house, or occupirs any hm&e contrary' to this enact tut, shall be liable for every such oftl-nc to a penalty not exeeedng Tim Pounds.

33. If at any time it appears to the Board that any house, whether built before or after the passing ot this Ordinance, is without any drain or drains suttieient for (Ik? proper and effectual drab ace of the same au«! its appurtenance-, and if a sewer or thy Boars] or other means ot" drainage be within one hundred feet of any part of such house, they shall cause notice in ■writing to be giv.-n to tli<* owners or occupiers of 3»ch house," requiring, him forthwith, or within such reasonable time as shall be specified therein, to construct and lay down' in connection with such hou.se,-and one ot"-those means of drainage, one or more covered drain or drains, of such material and size, nt such level, and with such fall as shall appear to'he nceessar/ ; and if such notice shall not be compiied with, the owner shall be liable to a penalty not exceeding Tt»n.i>oiinds, and the Board may, if" they shall think fit, cause the work to be done, and the exi>enses thereby incurred by them shall be recoverable from tlie_o\vner.

37- It shall not bo lawful newly to erect or to rebuild any house without a suftlciettt water closet or privy, and whosoever offends against this enactment shall bs liable to a penalty not exee -ding T«;n pounds; and if at any time it appears to the Bourd tsat any house, whether built before or after the pu&sin;,' of this Ordinance,-lias'not a suilioiunt water close*, o? 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; ami if sm#h 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 "fit, causa to constructed a sufficient water closet or privy, or such other works a* the case may require: and the expenses incurred by them in so donig, Khali be recoverable by them from the owner : Provided alway?, that when a water-closet or privy has been and is used iv common by the iuina^cM 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.

3S. The level of the streets shall be fixed by theßoard, and fourteen days at the least l*;fore beginning to dig or lay out the foundation for any new house, or to rebuHd 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 lloor, and the situation and construction of the privies and cesspools, to be constructed or used in connection with such house. And it shall not b-j lawful to begin such works.until the particulars so required to )>e stated have been approved by the Board; and in default of such.notice, or if any such hou.seprivy, or cesspool be buik or rebuilt without su,:h approval, or in any respect cjutrary to tiie provisi'ihs ol thii (Ordinance, the offender shall be liable in a penalty not exceeding fifty pounds ; and the Board way, if they think fit, cause such house, privy, or cesspool to bo altered, pulled down, or otherwise dealt with as the case may require, and the expenses i'ieurred in so doing slid! be recoverable from th<i oflfen-htr: Provided always, that is' tin? Hoard Tail to signify their approval or disapproval of the said particulars for the space of fourteen days alter rccjiviii^ such notice, it shall be lawful to proceed according i<j such notice, if the same be otherwise i;i accordance with the provisions of this Ordinance, or any other Act or Ordinance in force at the time.

S9. It shall be lawful for the Board, and they are hereby authorised and required. t<> p.uvide :tnd »iave at ail times a sufficient establishment of fire n.^ines, pi pea, and appurtenances, to be u.sed for extinguishing fires within the limits of Dunedin, and beyond tho same as hereinafter provided.

40. The Hoard shall appoint an Inspector of Fire Engines, who 'shall have the charge of the said engines, pipes, and other, appurtenances ; and shall als-o appoint »uch number of firemen sh the Board shall think ht and expedient for working1 the same in a proper manner, and for assisting in extinguishing fires, and sihidl 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 Sivia engines, pipes, and appurtenances, and paying the said Inspector ami firemen in so far as not otherwise'contributed,-shall be dkirayed from the rates for miscellaneous expenses hereinafter authorised to be made and levied.

42. It shall bo lawful for the Board upon nppliea- ! tion 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, ond geuera'ly all or any part of the fire establishment," to be sent beyond -the limits of Duiieuin fur the purpose of extinguishing fire: ■ Provided always, that the * owners and occupiers of the property to which the the firemen and engines are scut, shall be bound to defray the whole expense that may be thereby incurred, and a! o such further sum cot exceeding tea pounds per centum upon the gioe* amount- of such expense, as may be deemed reasonable for the tear aud wear of the engines and appurtenances,; and the ordinary expenses of supporting the establishment, the amount of which expense shall be ascertained by accouutei thereof signed by the said Inspector of fire engines, and ap

proved by the Board or their Committee in that de- ! parttnent, and doqueted by the Chairman or Clerk; the said owners or occupiers, and ail other persons interested, being always entitled. to * mutual relict against each other according to law, for the ruius paid by them or any of them from whom the Board may recover or receive the Bame. and the Boanl 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 sufheient 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 maintain^ of such works, matters and things, as shall be neces&iry and proper. 44. The Board may, if they think fit, supply water from any such water-works constructed by them under this Ordinance, to any public baths or wash houses, cr for trading and manufacturing purposes,! upon such terms and conditions as may be agreed up>n 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 aad tor that purpose may, if they tb.aU

thick fit, construct any oiycber of cistern*, pumps, ■welis, conduits, and vrorks.

46. Who* ever shall wilfully destroy or injure any cistern, veil, pump, resenoir, conduit, aqueduct, or other »v/ai:r works belonging to. or under the management <»r control of, the Board, or shivl unlawfully divert or tike water from any such works, or do or suffer to l»e done any act ir thing whereby any-water coirainml in any such ci°l:,rn, well, reservoir, conduit, aqueduct, or other vwer-works, shall be fouled or rendered unwholesome, shall for every such offence forfeit a sura not exceeding Five pounds, and a further ev.:a of Ten shillings for each day whilst the offence i« continued.

47. Tiie Board, with the s'pproval of the Superintendent, may provide. mnL.t-'in, lay out, phut aud improve the Town Belt and other premises, for the purpose of being uwd as Public Walks and Pleasure Grounds, and support or contribute towards any premises provided for such pm-jio.se.

43. It shall be lawful for the Board to license from time to time such number of carts to ply within the city of Ducedin, aid to make such rules and regulations with reference to the licensingof carters, the places where thsy shall stand, thn rate* they shallireccive, the distance they shall be compelled to go, and such other matters as may tend to the public convenience in regard to them as the Board may see fit; and any carter plying without a licence, or otherwise offending against any such rule or re^uhvion, shall on conviction pay a penalty not exceeding live pounds: 'Provided aiway-, that no such rule or regulation shall have force or effect, uules* and until the same shall ho allowed iiy the aujwrintendent, and published in the 'Provincial Government Gazette.

49. All the sums of money, including1 officers' salaries and all other expenses required for the purpos^s of the " Dunclin Roads and Streets Ordinance, 185 V and thh Ordinance, s,hall be defrayed out of the Assessment authorised to be made and levied by the twelfth clause or section of the said first mentioned Ordin.-uiee; bat at any meeting of the Board convenened far the purpose of making or considering such assessment, the JJoarJ shall estimate and fix such sums of money §0 required and necessary to be levied under the spvtral h ads of Lighting, Cleans-ing, and Mi«olian^otH KxpMis».w; and the aksessajent so authored to be made and levied shall be maiie and levie.l rateably tor these several purposes, and shall not in th*« aur^n-gato ex'-eed, in any one year, the sum specified in the aforesaid section of the said first mentioned. Ordinance.

50. It shall be lawful for the Board, at any meeting for making or c-Kisidering such assessment to exempt lor a time, or frojo time to time, a.iy streets, lands, and house*, from all or any of the regulations in regard to lighting and cleansinsj respectively, established or hereafter to bs established vy or iv pursuance of the " Dunelin Itoidsaad Streets Ordinance, 1855" and this Ordinance; au 1 any such streets, la-ids, and houses, if so exempted from a';l such regulations, shall, during the continuance of feuch exemption, be free from payment of any part of the assessment authorised to be levied for lirjuMation of the expanse of lighting and c!i.anrtin^; but in the event of any such streets, ian-ls, an i houses being only partially exempted from such reiTiilnlions, then such streets, lands, and houses so partially exempted,' tslwli tes liable in payment of such part of such assessment as bhall Ik: fixed and determined by the B aru in a fair and equitable manner.

51. lii order to defray the expenses attending the ranking, enlarginir, altering, eovtrLg, or enclosing any tuvvL-r <«' tlii Board, or ia or about any osii-jr works, mutters and things of a permanent nature, and cxccut.d or di»ne for the bet»cfii of any district or patt of any district, whether iorniiniy one or sover.i! wards, or parts of one or of several wjirJs, the Board thail, over an 1 above the ;t<-.vAiinfcnts for tlie other jurposes heru'mLofjre uituiti.jnul, and in tiis t.ame manner a^ for the &ikl last Mentioned f-^fessment, make and levy, iv respect of the premises eituate in such district for the benefit of which the exjfensea are incurred or rob» ineumrJ, a rate or rates, to be called jSped-il District Hates. «»f such amount as will be auftick-iit to discharge the .uuountof such expenses, and iut?r< *t thcreou Within such pcrioJ, not txceedi ing six years, us tlic Board >nnil determine.

r>2. If it shaS! appear to a lufijority of not less than two-thirds of the rate piy<;ra. owners, or occupieraof houses or ' uids in any stn et or part of a street, or other fie.-seri' »d and deltncd ]••. rt of l)unedin, at a pu!>!ic tneeti %to be called on notice, as hereinafter provided, tli-f the execution of particular works, matters, or titles, which the Hoard have oa good and sufflci<!!it grounds declined to execute, would contribute to tlie health and convenience of the inhahitantsof suoh part of Duuwlin, the Board on recpiviuq; security to their sati. tsetioa for payment of the expense tlacreof, fhall procure a plan and estimate of the co t of executing such works, and shall lay the same bf*fo-^ another pjiSlij meeting of such rate payers, v, be cat ed ou notic.; as ia bcreinaftcr provided ; h:A if tl»*s same shall be approved and sanction*! by a majority of such rate papers assembled at such last mentioned meetini^, the Hoard, ou receiving security I'r the cxpea*; tiicrt.if, or in ca3e the Board agree to bear any part of the expense, security for the remainder, sllall cause the work iv question to be i'xecutfd ; ami in the ev*nt of there not beiti£ voluntary contributions of adequate amount for the purpose, the board shall pay the cost, or tlie rate payers' proportion of the cost, as the case may be, out of a special rate to be made and levied ia respect of the premie situated ia the sail part of Dunedin, in such manner as the Board shall direct.

53. If any person shall think him«elf aggrieved by the deci-iion of the Board, in any case in which the Board «re finpowwred to cause any work, matter, or thing to he executed and done, and inrespeet of which such person may be made chargeable to any special rate in terms of this Ordiuau-e, or by any decision of the Board upon the value at which his property is assessed P»r any special or other rate authorized by this Ordinance to be S-.jvied, it shall bo lawful for him at any time within on-; oaten-Jar month afwr public not!**1 shall have been given by the Board of any such decision, to appeal to the Ju-ticea cf the Peace, and any three or more such Jurticss, not being members of the Board, shall have pover to hear and Jeferoiine the same, and to award reli.-t m the premises, as the justice of the case may require, and the decision of such Justices shall be final and conclusive as regards the matts rof such appeal : Provided that the perKm so appealing .shall give r.clice in writing to the Board of such his inten'itfi of appealing, fourteen days before the holding of the Court, at which euch appeal may be heard and determined.

51. In order to raise the money which may be n?ce?;s.'iry for the purposes of this Ordinance before the assessment.-? hereby authorized are levied, it shaii be lawful for the Board, or a majority of members thereof a,s>emb'e.l 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 Treasmer to barrow any sum or s"ms of money, not exceeding in the whole tut* sum of twelve thousand pounds, for the general purpose* of this Ordin-ince, with power to the Bo ird by a quorum of the members, to grant bib's or bonds, or obt'iin ca?!i credits for the same ; and for

further security to the person or persons from whom such money may be borrowed, to assign to m&li person or persons the assessments hereby 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 re- | quired for the making, enlarging, altering, covering j or enclosing any sewer of the Board or for any other ! works, matters, and thins* 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 assemble! at a meeting expressly called lor the puq>o-:e, and at which not less tha i two-thirds of t-'ieir number shall be present, to authorise their Treasurer to borrow any sum or sums of money not exceeding in tho whole, the sum of five thoufjauu pounds, with power tothe Board by a quorum of the members thereof, to grant bills or bonds, or obtain cash credits fi-r the same, and for further security to the person or persons (rom whom j such money may be borrowed, to assign to such per- | son or persons the assessment* hereby authorized to be madq and levied, until the sum or sums so to be borrowed with interest thereou, shall be repaid and discharged. 56. No member of the Board or Treasurer shall be held or adjudged, to have mv fe 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 rase shall any forfeiture, penalty, or fine imposed in pursuance of thin 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 suiuof ono hundred poan is. All such forfeitures penalties, «od fines, shall Ih recoverable in a summary way, and shall be sued for and recovered by, and paid to the clerk of the Board, and shall be accounted for by him to the Treasurer of the Board, and shall firm part of the funds for the general purposes of this Ordinance.

58. In all cases in which any notice is by this Ordinauce rwjuired to be given to the owners or occu piers of .'-ny premists, 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, and the uotice shall'be served upon them or one of them, a» the case may require, either personally or by delivering;*i c same to some i inmate tf Ma ox their plate of abodeer in th« eau »f

lof the occupier, and also in the case of the owner, if his place of abode be unknown, upon any inmate of the premises, or if they be unoccupied and the owner's place of residence be unknown, it shall be sufficient to fix the notice upon some conspicuous part of the premises: 'Provided always in the ! cisc of notices to the owner, that although his place !of abode be known to the- Board, yet if it be not within Dunedin, it shall be sufficient to transmit any j notice directed to him by name through the Post Office. j 59. .Whenever the consent, approval, or authori I of the Superintendent is required by the provisions of thisordin<mce,theres.olntion{riviugorrfcrusingthesame sliall be passed, with the advice and consent of the Executive Council, and shall be in writing under his handj 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 bers, and the Clerk of the Board. 60. Nothing in this Ordinance shall 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 lia--bility to which he would otherwise have been subject in respect thereof. 61. In the construction of this Ordinance, the following words and expressions shall have.the meaning hereby assigned to them, unless fiuch meanings be repugnant to and inconsistent with the context of the subject matter i\i which such words or expressiona occur; (that is to say), The word " Board" shall mean the Town Board of Dunedin for the time being. The word " street" shall include any road, bridge, footway, pavement, court, alley, or passage, whether a thoroughfare or not, and the parts of any such road, bridge, footway, pavement, court, alley, or passage, within the city of Dunedin. ♦ The word "drain" shall mean and include any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cess-pool or other like receptacle for drainage, or with a sewer into which the drainage ot two or more buildings or premises occupied by different persons is conveyed. The word " sewer" shall mean and include sewers | aud drains of every description, except drains to j which the word " drain" inteipreted as aforesaid j applies. . . Passed the Provincial Gouncil this eighth day of May, One thousand eight hundred and sixty-two. ALEX. liENNIE, Speaker. CHAS. SMITH, Clerk of Council. Dam-din, ninth May, One thousand eight hundred arid sixty-two.—J hereby declare that I reserve this Bill for the signification of the Governor's pleasure thereon, J. L. C. RICHAEBSON, Superintendent of the Province of Otago.

A PROCLAMATION. Bringing into force certain regulations touching the can iiigc of passengers from New Zealand to other English possessions in Australasia. By His Excellency Sir George Grey, Knight, Commander of tlxe Moat Honorable Order of the Bath, Governor and Connmander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of tua same kc, &c, &c. Whereas, by an Act of tlie Imperial Parliament, parsed in the Stssiou held iv the Twenty-fourth and Twenty-afth years of Her pra-ent Majesty's reign, intituled " An Act to empower the Governors of the several Australian Coloiues to regulate the number of | dxssecgers to be carried in vessels plying between [ Ports in those Colonies," it 13 amongst other things enacted that it fclxall be lawful for the Governor of each of her Majesty's Colonies already or hereafter to be established in Australasia, by any Proclamation to be by him from time to time issued for the purpose (which Proclamation shall take effect from the issuing thereof, if no day shall be named therein for the purpose),to prescribe such rules as he shall think proper for determining the number cf passengers to be carried in any passenger ship which shall proceed from any such Colony to any other of Her Majesty's possessions for the time i being in Australasia, and for determining on what deck or decks and subject to what reservations or conditions passengers may be carried, and also to prescribe such penalties "for the infraction or nonobservanc of such as to such Governor may seem proper; and it is also enacted that from the time when any such proclamation shall take effect, and so long* as the eatne shall continue in force, the rulfe3 and enactments contained in ** The Passensers Act, 1855," relatiug to the nuabtf 6': passengers to be carried ia any passenger sh»^, and the deck o decks whereon they are to be carried, shall cease to apply to any vessel to which such proclamation shall be applicable, save only as to the recovery aud application of any penalty for any offence committed against the said Act before such proclamation s^ll take effect:

Now, therefore, I, Sir Georjre Grey, ths Governor of New Zealand, in exercise of the power vested in me by the above recited Act, do issue thi3 my proI clamation, to take effect from the 16th day of June, I one thousand eight hundred and sixty-two, and I do [hereby prescribe the rulea hereinafter set forth for [determining the number of passengers who may be carried in any passenger ship which shall proceed from the Colony of New Zealand to any other of Her Majesty's possessions for the time being in Australasia, and on what deck or decks and under what reservations or conditions passengers may be carried, an! thj penalties for the infraction or non-observance of such rules, that is to say :— A.—Sailiso Vessels. 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 rouud-house or deck-house or on the upper passengerdeck a greater number of passengers than in the proportion of one statute adult to every twelve clear superficial feet of deck alloted to their nse. 3. No ship shall carry on her lower passenger-deck a greater number of passengers than in the pVoporticm 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 shall be less than seven feet, or if the apertures (exclusive of side scuttles) through which light and air shall be admitted together to the lower passenger-deck, shall be less in size than in the proportion of three square feet to every one hundred superficial feet of the lower TJasseuger deck, no greater number of passengers shall be carried on such deck than in the proportion of one statute adult to every twenty-five clear superficial feet thereof. 4. No ship, whatever be her tonnage or superficial space of passenjrer-deeks, shall carry a {rreater number of passengers on the whole tlian ia the proportion of one statute adult to every five superficial teet clear lor exercise on the upper deck- or poop (it secured, and fitted on the top with a railingor guard, • to the satisfaction of the Emigrant Officera tthe port of clearance,) oa any round-house or deck-house 5. la the measurement of the passenger-decks, poop, round-house, or deck-house, the space for the hospital and that occupied by such portion of the personal luggage of the passengers as the Emigration Officer may permit to be carried there, shall be included. B. —Steamers. I The number of passengers who may be carried on board of any vessel propelled by steam power shall be ascertained and determined in manner following, viz:— 1. Measure in cubic feet the clear space alloted to fore-cabin passengers between decks, and divide the cubic contents by 7~.

2. Count the number of deeping berths exclusively provided for the accomodation of fore-cabin passengers, and ad J to it the number obtained as above.

3. The totil number thus obtained is the total number of lore-cabin passengers who may be carried. 4. Proceed in the same manner with the space alloted to after-cabin passengers. The results ot the said computations shall determine the number of fore-cabin and after-cabin pasj sengers respectively who may be carried on board of a vessel propelled by steam power,and all passengers on board thereof shall be included in one or other of the said denominations. PENALTIES. If there shall be on board of any ship or vessel at or after the time of clearance a greater number either of persons or passengers (except by births at sea) than in the proportions respectively hereinbefore mentioned, the master of such slup or vessel shall be liable to a penalty not exceeding five pounds nor less than one pound sterling for each person or passenger con- < stituting such excels. Given under my hand, at Wellington, and issued under the Seal of the Colony of New Zealand this sixteenth day of May, in the year of ouo Lord, one thousand eight hundred and sixty-two Q. Grey. By His Excellency's command, William Fpx. 90» ATB IHB QITS»r!