DUNEDIN IMPROVEMENT ORPINANCE, 1862. '

Otago Daily Times, Issue 214, 27 August 1862, Page 7

DUNEDIN IMPROVEMENT ORPINANCE, 1862. '

An Ordinance for Promoting the Improvement of tJie City of Biiuedin. Whereas it is expeclfcutto makefurther and more effectual provision fordrwnnjcr,cl«-ar.si»t, Mahtiw and pimt'g the city of Jjuntdin^and for the sanitary i m . provemem tnereof, a. d in other respects to "amrrd die ' Dimeam Town Board Ordinance, 1855," and the Duocdm Koads and Streets Ordinance., i 856:» _ Beit then fore enacted by the Superintendent cf feP.wmcpopn.go with the advice and consent oi the Provincial Council thereof, as follows :— 1. This Ordinance shall be termed, and may h» O^eT^ 0 " tbC " DUUedhi '-P-vera.nf 2. This Ordinance shall come into force on and after a uay to be faxed by the Superintendent, bv-pro-.damsmatwu in the Provincial Government Gazette whicii pi-cciawntion shall not be made unless and until the Governor shall intimate that he has leftthh Ordinai.ee tons operation. And the Members cf the Town Board ot Duhedin, elected under the snid first recited Oniuiance, shall superintend the execution of thi, Owiuanee until the election of their successors n oiuee under this Ordinance. 3. From and after the date upon which this Ordinance shall come into operation in manner aforesaid suob parts ol the said two recited Ordinances as are rcprffuant to and iiicoasUteut with this Ordinance shail be and the same are hereby repealed: Provided always t»at, except in &> for as hereby repealed, the said recited Ordinances shall be-effectual to all intents and purposes, as if this Ordinance had not been passed.

4_lmmediate!y after the passipnrofthis Ordinance, the Board shall divide the said City into Wards or Districts, and fix ru:d determine the bound.-vies the ■■■'■.at; ar.d it shall be lawful for the Board to alter,' Vf,ry. add to, or diminish the boundaries and extent of :h.isaid Wards, or any of them, and to vary thp number of said Wards, in such-manner-as the state of the population thereof, or other circumstances, shnil appear-to them-from time to time to require; and the boun aries of the Wards sha'i run along the middle of the streets by which they are declared to be bounded, except when the contrary i* specially, mentioned:- Provided always that such \vards, and boundaries thereof, and any alterations thereon, shall be intimated by advertisement, to be made in the.Provincial Government Gazette and in newspapers published in bunedin. ~■-. 5. Immediately after the passing of tliis Ordinance an;l the division of the Ktid city into Wards, as hereinlefore directed, and yearly thereafter a«tiie Hoard shall direct, thr^Board shall cause to be collected the Names and Ktsidrncys of every pa.l son in each Ward, who nijy be liable to be rated* as hereinafter ii.eetionei. in" consideration of a-;y lands, buildings, and he: f-ditumunts owiieii or occujucd by him, and situate! within the boundaries of any such" Ward : and Jkil cauae a list of such parsons in each Ward to be made, assi published iv oueormorenewspspt-i-scirculat-eil in Dune."U», together with a notice of tiie time when and tho place.wh* re ttse Board will attend to hear any objections that may be made to such luts ; .md at the time and place so named, the Board Khali attend, enquire intf>, hear and determine any such objections; and the decision of the ! Eoard shiiii be final and conclusive in l-eprard to any and tvery objection made ajiiiinot every such list; an*, the said fists, when thus settled and revise.!, sliall be trJiiisc ibed in <\ book to bo cnlk-d the Rste-payprs' Bo!!, and shall be lodjr d with the books and papers oi tint Beard ; stud if ai any time alter the completion of such i<ate payrrs' Roll anypeivon not being liable fobplaced on such Itoll ut tht time of its compidtiim, shall thfro:iitev become liable to b« ratwl for or on account of any lan'is. buildings, and hereditaments ownt-d or occti|ie<i by him within any such Ward, it shall be competent for such person to apply to the Board iv have his name inserted in the Ratepayers' Hull for the Wnrd iv which such premises are situated; aud if it shuii b? tnaih* to appear to the satisfaction o! the Board f-hat such person was not at the time of the cotiipili'g i<r "making the Hate-payers' Hollas aforesaid liable to be'ratc«i, but has since become so, and h;^. for th« space of three months previous to su< h application Wen so liable, tl;e Board shall <*'jtiseth« name ot' &v h appiii-ant to he place;l ou the Rate-priy«-re' Hoi! f<">r the Ward or Wards in xxhich he is »o quaiijic.i to vo;e.

■ tl. Tiie Meia'ie's rf the- Board to be elected uwln the authority of tliis Onliuance shall be rate-payers upon the ratepayers 1 roll for any of the said' Wards, and shall be elected by a. unxjority of the votes of the rate; ayefs on the ratepayers' roll for the VVard for ■which fbey are eStcted.

7. Evfry'ijjale person of fnli jisre-who shall, under the provisions of this Urdinance,bo liable -to be rated or a.^se~s*-d for or on account of any rat*1 levied or assessed h\ the lioard, and'whose n;nne sliali appear on the ratepayers'roll for any of the ssiid Wards, as ereinbefore provided, sliall he deemed a ratepayer or ihe purpose ot any such election for any Ward on the roli VorwLk-h his name so appears.

8. ThereshaU be three Members of the Board for each "Ward, vho^e election'chall be made iv 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 jieljacent to each "Ward, up-'i> t*!;e first Monday in the month of December in e\«ry je.ir, and the Kate-payers in each Ward iutendinp to'v te in such e!ec" ion shall appear personidly at such place, and the names of the persons voted for and the names of sunh voters shall be inscribed in the said book" by the Cicvk, and subscribed by each voter.

9. At anr such (.-kefion.it shall bo competent for any eandidiits or Jtatepi-.jer on the Ratepayers'Kol! forthe Ward to object to any person ter;:!erin,crhis vote aaJ bi.tv.re he has voted, cr.iy on tuy "round that si'cb person is not a Ratepayer on the Katepayers' Eoil for the Ward, or l>^ vottd. befot;e at the same eleet'ti); anil 01. such objection being taken, the Clerk acting at'such election shall rej-ist^r such vote, but sliidflil the MUiie time make a memorandum of the riainf- of such voter. ■ a-;d rtport such objection to the Clerk (t the Board in the Keginer Bo<*k is hereinafter <ifrented : Prcvidfd always that no elector KJiall have uior.': than one v;-te in the election for a Wurd wiiitout pivjiulice to his voting iv any other Ward or Waub it' qualified as aforesaid.

10. Every such Election elirdl coromenee at nine o'clock in the morning of the day on which it is to tak- place, a:,d shall continue until eleven o'clock of the ?hUI day ; after which no'new Candidate shall be vott"! for, and if at such last-mentioned hour the names of not more persons than the number t» be elected sh:t!l be inscribed for the office in each Ward respectively, the election in such case shall be ''eclarai to bo at an end and no Votes shall tlier»after be re>'-ivc-<l; but if tie names of more persons than the number to be elected shall be so inscribed then the said Book shall remain op n uutii four o'clock of the ■eiid <hy, after which no votes "=haU be received \t-x oer,f. thn:--e of such Electors as may be within the Politic P!ace waiting fo render their votes), and the Electiou Fi-.ali be .-eclamlat an end; Provided always '♦ha! it :-h;dl be in the power of thf> persons voted tor by a writing under their ha«Ji to terminate the PolauK al any time of the day after eleven o'clock, hey may think proper.

12 Not less than six nor more than twelve days lief-^e the fir-l Monday in the month ot December in every year, the Clerk to the Jioanl shall cau.se id tini"tiol» to be made by advertisements in newspapers puWUlit'J'iii Duasdia" and in such other aiaunei- as the Board shall deem proper, of the day:; and places of election.

¥> \t tlic expiration of the period so fixed within ■which such Elections shall take place, the Clerks aynoMJtwi tnattend the same shall deliver the said books w> lk Clcik cf the Board, who shall make up i-d writ" in each of the saiJ bvto a slate of the -otts in the Ward, and shall affix to the door ot bis office, within two day* thereafter, the names o the Sem.i* h..v:ne the majority of votes, who shall * £w to beckcted as Meiubers of the Board ; aud tho said books in which the name* ami Votes are ■"^.ed, inniiionrralm-e'deficribed, shall remain-open and pate f Jor the in S p ctfon of all concerned, attheoffiw of the flerkot the Board, for four days alter every Bach i'Utction.

13 if any person .shaH, at any time, obstruct, hindci' or UH-lesi either ai y Klrrtor m # gm»pr ins vote or tin; Clerk actinsr at any Election, iv the p rfovii.anoe oihis (liny, ev«!^^ person w» tending sliaii, O :« 5 c.iiv;cuon before a Justice of the Pea-e, be H' \h> to a ofnnlty of one potmd for each ottenc-^; am. it-anvi«'T>enn.3tqi!alifiwl to vote shall «evcnh-!es» vote' at any.'such Eleciion. evei7 mch. .pcrs-ii \fo »,»- fer.dm»-'sl.an.Ui--pHeonviotwiiaa atoivsau!, be uaUie to a penalty not exceeding two pounds for each fit-not;

14 It shall be competent tr any person who considJrs that..he outfit to have been returned as a MciTber of the Hoard, to complain against the Clerk's ri.unp.ovi«i^ the complaint be made by petition *%!'&& $$ S^od^S^e^kS mquire ;nto ttemenb o of ishall lepreftrwd.-

15. One of the three Members elected for each Ward shall annually go out of otti. c, and the Board shall cause the order of their retirement to lie determined hy ballot, not le»« than thirty days previous thereto; and any member reti ing as aforesaid shall, if duly quahhed, be eligible for re-election

16. When the office of a Member of tha Board shall hoccmt! vacant, by death, resignation non-aeccpinm-e tfrquaUftuMian, or in any other wav, the Ueik snail, a' Hie first meeting of the Board"after ti! e n(^ <;"rreiice of PMfi'l vacancy» <»• a'ter the same shah iMvebe'-orne know«, to him, report Mich vacancy, that a day may he fixed for the election of a new member, to supply the said vacancy, and slwl intimate such election by advertisement, and tb< election shall proceed in all resp.ct* a-; in -"manner herein provided in the" case of annual elections ; and witlrn two days after such election, the Clerk shall ailix on the door of his office the name of the person elected, and it shall be competent to "any pe'son who considers that he ought to have been returned as the peison".elected, to complain, and for the Boar.! to proceed in rep-ard to such election n manner hereinbefore directed hi the case cf complain la In annnnl elections: Provided always that such petition and complaint be lod-red with, the Ule:k before the first

meeting of ihe Board after such election,

17. General Meetings of the Board sIkiII be held in the Months of January, April, July, and October, tor putting- the powers c.ommitied to the Hoard in execu-

tion ; and all such meetings Mia'.J be called, and thf proceedings thereat shall ke conducted in the manner set forth in the said first recited Ordinance.

18. If the Electors of any of the «aM Wards-shall

refu-e or neglect to elect Member* of the Board, upon any day duly appointed for sucli election, it shall be lawful for the Hoard to nominate and appoint qualified persons to'b<- such Members, and such m uiu-rs, when so nominated and appointed, shuii have and enjoy the same powers and privi'o-'.ei, and sliall re-

main tiie same time in office, a* it" they, had been duly elected by the electors in such Wards,

19. Save and except m herein otherwise provided, the Board s!ia!l have, suul either by themselves or 1>« Committees of. their'number duly nu'rhorist-d, shall ex- cute all the powers and dulie.- vested in or imposed on the Board by this Ordinance, and tin: said recited Ordinances, in so far as not hereby r.-pealed, and shall appoint all pei-sons an-1 oflkers whom it may be necessary to employ in thc'ex^cution of this Ordinance, aud the said otitt-r Ordinance, and to remove or suspend them at pleasure, and fix asu! regulate their salaries, and wajzes, and to estimate, ■assn-ss, ■ levy, raise," and apply, or cause to be est imnted,■ assessed, levied,-mid applied, the sums of money hereinafter autnorLscd to be assessed,'levied, raised, and applied.

20. The Board shall, and they are hereby nuthori<rU and required to provide all necssavy irnpieuuuts, and take all necessary measures for watcriuer, sweeping-, and cleansing the streets, at such times and in such manner as t!<eir Inspector of Ul• ansir.f>- shall direct, and to enter info contracts for such pur-pos'-s, atid for the sale or disposal of the sweepings oi the streets.

21. It shall W lawful for the Board to make provision for lishtiiijf the streets, in suoli manner ami to such extent as to the Board shall uppenr suitable ; to provide, erect, and maintain such a unmberof lamps, lamp-pitta, ami lamp irons, and other appurtenances as may be necessary for that purpose; to liglit, or oiiier into coutneta for .lighting and ciu»in^ to be lighted, s*uch lamps, by means of oil or ppis, or such other lifiht as t'ui y may find expedient; and to order .the lampposts limp irons, and lamps, io be fixed either on the fi.ies uf the streets or upon the eurbs>t"r.es of the pavement, or footpaths, or in or at the walls r>f buildings, upon indemnify ni£ the owners or occupiers for any damage ilone, the amount of winch, in the event of difference

opinion, to ho fixed and determined aumruarUy by the Kesident Magistrate.

22. It shall be lawful for the Board to make'and enact, and from time to time to filter, am^nl. und re Deal, ttules, He^ulations. and ijyc 1,-iws re;.»tiii^ to t!i cleansing, iiyhtini;," pavinur, cau^ewayj-i^. metaltinsand rt-pairinp: "f-strei-ts; the makiiiu :uid ivpuirinpf of c-'iuimoii sewws drain**, |i;ivi.-s, ;utd urinal*; the 'preventing and :sut)pre->ing of nunance.s. annoyauces, and obstructions, and tins promoting of health w.tuin

Uunc-din ; ami the proper iraiuigement of theFiro

Engine Kstublishment: Provide^ always thai such rules, resii!atioii.-J, and bye-l.iw* shall nut be incou-si-ttiit with, or icj>uv''';iiil to, any Actor Ordinance in force within the Province of Oia^o.

23. It shall be lawrul for the Board to imp cc and exact such penalties, tines, anci forfeitures for the infringement and breach of any such bvc-lawsus (shall seem to them lit and rnawjiiable : ProvidetJ always that no m\'-:h penalty shaM exe-.-ed. for any one- otlVue;-, the sum of forty bhilliutis, and in tin? csise of <t, continuing nuisance, the sum of five shilling for every day during which such nni.sance shall not be abated. 24. No bye-law ina-le under the powers herein contained shall be of force* until a copy thereof,

certified by the Clerk, to the Board, shall have

been in^eiied once in " newspaper* published in Punediri, and shall have been confirmed by th>' Hn-Snnerintcn-iciit.; .and if the Superintendent shall disallow trie sukl bye-law, or a.'ij part thereot, such byelaw, or the part thereof iii.>:il!o*.vvd, shall not come into operation, and r,ny ritich bye-laws so com finned sii^.ll be published in the iVuvincl'd Wcvernmynt 'ia-z-jtte, and" shad have fail force and effect.

25, It fchall be the duty of the Inspector of Lighting und C^-iuwing t^ n*-.U;nd to tk.: due fnltilmsiit. «>i all contracts mad« by the- Board as to Lighting and Ck'aiiiiiiKi; to cause to be r*mcv«l from I'ie streets all dus;g, soil, dirt, - s.sli.-<s and fifth; to nee that all Lamps be lighted and kept lighted for the due ti.ar, and kept in all re.-j^cf.s in proper or kr ; to re-xive

and forthwith communicate .to the Board tiwi otii^r Authorities any complaints or remonstrance* relating to Nuisances and the Cleansing and Lirrhting of the streets, v.itb the result of hi:- own enquiries on the subject; to enforce ail tiie -lteguiutions and Provicious for the prevention of Nuisances, ami the promotiou of the health and comfort of tha Inhabitants ; ■ and generally t>> ol.i-fy all the Orders, Inrtni"i:.inis, and KetiuliitioiiS which may from tune to time be nia ie relative t;j thb execution of his 'iutics.

23. If ujion the certificate of any .MV'liift1 j Officer of the (iuvcnrniuut or any two Metliral i Practitioners, it appeals to the Board tl.at any House, or Huildinjr, or part thereof, is in such a filthy or minimi home -condition that the health or any person is affected or endanperHi-thereby, or that me whitewashing', cleansinp, or ]>uriiyiti{; uf :uiy house or part the'i'fof would fond to prevent or cht-ck infections or coi;;ta'-"'ou.s disease, the Hoard &]jail give notice in writing to the owner or occupier of ouch h use or part thereof to whit«'.v.iish, cleaase, or purify the same as the case may require ; anil if the person to whom notice 13 so given fail to cornph therewiUi, within such time its shall be specified in the suid no- j tice, he shall be liable to a penalty not exwfti'.n^ Ten | shi'lings fur every ilay during which, he continues 11 make default; ami the Board may if they shall think fit cause such house, building, or part thereof U> be whitewa-hed, ckansed, or purified, tuid the «xpc»Hos incurred by them in so (ioiiit? shall be repaid by the owner or occupier i" default, and be'recoverable fiorn either of them iv a sumuiary v/ay. 27. No noxious or offensive business, trade, or iflauutai-ture shall be established in any building or place within the 'Jiry of Dunedin, after the passing of thi-" Ordinance, without tlie ciiist-nt of the Uoar.i. who may either refuse such coiii-e! t or grant the snuie upon sticli conditions for the observance of such lie gulatii'iiH as they may deem proper, i" order to prevent or diminish the noxious eiFei'ts of any suoh UuAness; a:ui whosoever offeids against this enactment. hhvli be Jiab.'e f"r each olfenc^ to a penalty of Five Pounds, and a farther penalty of Tea Shi'linns for t-acli day during which tlsis offence is continued. 28. The S• perintendentbhsJl cause to be prepared by the I'rovir.cial Civil iingiue^r, upon a scale to be pres-cribed by the Superintendent, a Map or Maps exhibiting a system of Sev/erajre for effectually-draunn-j the City of Dunedin'; and a copy of such Map shall be furnished to the Board and kept at the office of the Cierk of the Board, and shall at all reasonable times be o[>en to the inspection of the Ratepayers 01

Dunedin. 29. All Sewers, whether existing at the passing of this 'Ordinance or made at any time tliercafiur, together with all iisiildin/s. Works, Materials and things belonyin;.'»r appertaining thereto, shall be entirely unuer'the maruig. ment and control of the Board. 80 The Board from time to time shall cause to be made such Sewers as may he necessary tor effectually draining the City of Dtinedin tor the purposes of this Ordinance, ami may carry any such Sewer through, across, or undet- any street or place laid out as or intended for a street, "or-under any cellar or v«u't which, may bo 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-o ever should *uch be necessary : i'rovulwi always that •ill such Sewers to be hereafter made shall be made in a-cordance with the system of drainage u> be exhibitrd by tiie Man or Maps ■ herein brlb-re mentioned, unless any devia'iou therefrom shall be sanctioned by the Superintendent, and uniil such Map or Maps are prepared, shall be wade with the approbation aud consent of the Superintendent. 31 The Board may from time to time repair, enlitrce, lessen, alter, arch over, or otherwise improve all or any or the Sewers under their management and control, ami" discontinue, close up, or destroy such of them as they may deem to havr. become unnccesarv • Pr vided ulways that the discontinuance of any' Sewer shall be done with the approbation and snsent of the Superiutendent and so aa not to create

Nuisance j and if by reason thereof any person i> I eprived of the lawful use of any Sewer, the Board dall provide some other Sewer as effectual 1U1 kis use h the one of which he is so deprived.

32. Th<; Board shall cause the Sewer* under their management find control to be construct'.:d, covered, afld kept so "as not to be a nuisance or injurious to health, and to bt% properly cleared, e'eaused and emptied, and for the purpose of cleansing an ' emptying the same, they may construct and plaet* either above or under-ground sucli reservoir. l?, sluices, engines,- or other works as may be necessary, and may cause all or any of the said Sewers to cominunicare with and be emptied into suoh places as ~ may be fit and necessary, and may cause Sewajre p.u<l re'';*e therefrom to he collected for sale or aisy purpose whatsoever, but so as not to create a Nuisance.

33. It ahali not be lawful to cause any Sewer ! or Drain to communicate with or be emptied into any Sewer of the Hoard, nor to cause aiiy building to be erected over any such last mentioned Hewer, nor to cause any Vault. Arch, or Cellar, to be built or constructed, under the pavement, foot way, or carriage way of any street, without the written consent of tile Board first had and obtained; And whoever offends against this enactment shall forfeit to the Board ihe sura of Twenty pounds, and a further penalty of One pound for every day during which the offence i? continued, after notice in writing from the Clerk to the Board in.-this behalf; and if any sewer, <lr;un, building1, vault, arch, or cellar shall be made or constructed contrary to this enactment, theßeird may cause the same to be altereJ, pulled down, or otherwise dealt with as they may think tit, and tht? expenses incurred by them in' so doina .-hall be repaid to them by the offender or recovered from him.

34. Any owner or occupier of premises adjoining or near to but beyond the lituitsof the City of Dunudiu may cause any Sewer or Drain of or from sti<'fo premises, to communicate with' any " Sewer of the Board, upon suca terms and conditions as ahtill be agreed upon between snich owner or occupier, and the Board, or in case of ('impute, at shall be settled by the .Superintendent, who^e award shall be final aud conclusive.

35. It shall not be lawful newly to erect or to rebuild any house or to occupy any house so newvy erected or rebuilt, unless and until a covered drain or duiins be eaiislnitsci of such fciza and iiiatcriats an<! at such level and with such fall a« to the Uouid appear to be nrw^snry anl sutlicient for th.< proper and efficfnrt! ;raitiafre of such house and ii« appurtenants ; tint] the drain or drams so to be constructed shall lead to and comnmnicate with a Sewer of the Boanl, or nwti otht-r mr-ans <)f sirainnge a<J ihe Board shall <liieci.ii the same exist within one hundred feet of the site .of such house; and if no such Spwc! or uu-Aus of »lrain:i!*t; be within that distance, ths:ii th" siil <lr;iin or drains shall communicate with and be emir.iod into such cohered cesspool or other pl;ve not h iui? uiiilcr any house, and beiuc; at such di-tancc irom any housr, as the. Hoard shall dhv«t, and who.-04'vcr crenU or rebuilds any hot!*", or occnpii.s any h -use c^nlrary to this enact nit, siiall h.; liiibl*" for every such oli't-ne to a penalty not exeetaln^r Ten Pounds.

'A'). If at any time it iipp-:«ars to the Hoard that any hou«e, whoilu'r built before'or aft'-r t!i« parsing ot this Ordinance, is withou' any drain or drains suiiicient for tin: proiK'r nndeff'-ctunldrai-.age of thesarn.-; and its appurtenance-, und if a sewer oi the Hoard or otlier meaus of drainage be withia osie hundred fee.' of any p;iit of sach hou^, they shall catis^ notice in %vritintr to be tfivi-n to the owiii-.ra or occupiers of sneli house, re<jiiiriiifr iiitc forriiwith,' or wit'iin such reastmisblw'tinifi as sii:n) be Kpe<n!ie(l therein, to construct and lay down in conuectioti with such house, an;l one of tliose rucans of drainage, oiie or more covf-red drain or -drains, of such mat"iial an.i size, nt such level, and with such full as shall appjar to be nt;<-i-Ks.sr,'; and if sucii ulice shall not be comI'licil with, the o«*-ner tliali be liable to a penalty v.<>\, •ixeeMHii^ Ten pounds, and the Board may, if hey hhail think lit, ciuse the work, to be done, ani the (•X{iCti«(> tlieahy iii'iurre'l by them shall be recoverable from the owner.

37. It shall not be lawful newly-to-erect or v» rebuild any house without a hnii'u-ient water c et or privy, and wha-^evur oifends Against this ("m./.iuciii simll \m liuiile to a penalty not exce litnir T'?:: j. unds.

anil if at any time it appears to t!n« Isoml : t any hotj.-f, whether tiuiit beiore \>v niter tlie ; ;t■- i»^ i.f t iis Ordinance, lias not a Hu!tk'i<nt writer c! »iet or privy .-ither 'V'ilhin the house or hi the back y-iru tiififff, the iJoa.-it .sh.t'l uive not'fe in wjjii.i^ t<> (ho owner or oreupier of such house, requiring him within such reasonable time as *hat! be specific I therein, to provide a suificient water e'oset or privy ; -and if i-iitHi notice be not complied with, the owner shall be liable to a penalty nof exceeding Ten pnunis; and thf ikard may, if Ui-*y shall think lit, c-aus.i t> cmistrueted a >uftieieut water closet or privy, or such other work a as the case may require; and the expenses incum-il by them in bo doin^, Khali I>3 recoverable by them from the owner : l'r»vMe<l always, that when n wiiter-eloset <>r privy ha* been and is iwd in eomniori by the inmates of two or more hou.s*--?, or if, in the opinion of the Hoard, a, wator-closet, "r pnvy may be w> used, they need not require the saiu-j tv be proVited for each hou«e.

3S. The level of the htreet* shall b<? fixed by thelloard, and fourteen days at the lea&t before bo^iuiiin^ to dig or !«y out tlie foundation fur any new h,.j.-,e, or to rebuild ar.y hoiw*. the person intending >> to build or rebuild hiiali <:ivt- to rite Hourd written not n>; thereof, together with the level or intended level of iho cellars or lowest ll'ior, and the situation and c'ir».irufti«m of the privies anil te.-pools, to be cou'-triutcd or usod in connection with sneh house. Anil it shall not lie lawt'ul to b<*^in Mich works until the particulars so required t>> bo .stated it-tve been approve'! by t!i« Board ; ami in default of suoh notice, vr if any such In u-o----privy, or c&tspool hi: built or rebuilt without such aiinrovul, or in any respect oiifrary to the p"<>viMoiJb of tbi.s Ordinance, the offender shall be liable in a penalty uot exceeding fifty pound*: ar.tl the Board may, if they think iit, cause siieii house, privy, or ct-ssptxd to be altered, pu'k-d down, or otherwi.-.-dealt with ;ts the case may require, ajid ihe expects incur red in so driin^ shall be recoverable friiin the offender: Provided alway-, that if the Ooard fail to sitrniiy their approval or disapproval of *ho said partif'il.ttb for the S|«icfc of fmrtcjii days att. r rec-iiiiiny i-uoh notice, it bhall.lic lawful to proceed accor tli*^ to Hiwh notice, if the Kume he other #i<Q in aecorJance with the I'Wvisions of this Ordinance, or any other Act or Ordinance in force at the time.

39. It shall be lawful for the lioard, and they are h<»rcl>y aut'norJsed and required, to provide and have at all rimes a. snfliaent e-itabli-limesit of ftro en^iiies, pipes, and appiirtenfince-v. to be used for extinunis!iiiig UiC.i witi.iu the liiait-s of Duueuia, and beyond the same a* hereinafter provided.

40. The Hoani sh ill appoint an Inspector of Fire Ku^ines. who .shall have the chirire of the said onitines [)ipey. Jin.i oth«r app\irtenances ; and .;hali also ;t]ip'<tnt -uc'i numb.-.-, of fn-ivtien as the Uoanl shnll think tit and expedient for wstrkinp: the sftino in a prop.;!* iiianntr, and i\»r aasisiin^ in extin^uis'.inir tires, ard h!);i11 msUe sueh1 rules fiu.i regulations for thy sfiid insp-jctor a..d tireincu as to the Board shall seem p'oper.

41. The expense of provMing, lcoepin^, and maintaining the said engines, pipeK, and <ipp!irtena:.ees. and p.iyi:i^ the sai«l Inspector and firemen in so far as not otherwise contributed, sliall bp d<fniyed from the rates for miscellaneous expenses hereinafter authorised to be made and levied.

42. It fihull be lawful for the Board upon application m;ule to them, or to tho i-aid Inspector or other person iv charge of such fire engines, to permit the firemen .md tue engines, pipetf, ami appurt*nances, ami generally all or any part of tin; fire establishment, X*> bo sent beyond the .limits of

Drinedin for" th« purpose of extinguishing fire: Provided always, that the owners and occupiers of the property to which the th« firemen and engines are sent, shall be bound to defray the whole expense that may be thereby incurred, and al o suc'i further sum not exceeding ten pounds per centum upon ihe gros* amount of such expense, as «nay be deemed reasonable for the tear and wear of the engines and appurtenances and the ordinary expenses ■if supporting the establishment, the amount of which expense shall be ascertained by accounts the eof signed by the said luspeotor of fire engines, and ap proved by the Hoard or their Committee in that department, and doqueted by the Chairman or C ;rk; tin; said owners or occupiers, and al! other p>- ions iutcrested, being always entitled to mutual ; {lief against each other according to law, for th»» tuias

paid by them or any of them from whom V.f iioard may recover or receive the tame, and f • "oard" shall have power to modify said charges whea they see cause.

43. The Board may with the approval and consent j of the ►Superintendent, provide the City ot imnedin with' such a supply ot pure and wholesome water, as may be proper and sufficient for the purposes of this Ordinance, and for private use, and for that object the Hoard nwy with such approval and consent, eater into coiitra-ts for the construction, Lying down, and maintain": of such works, matters and things, m shall be necessary aud 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 wa>h houses, cr for trading and manufacturing purposes, upon such terms and conditions as may be agreed upi»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 aud for that purpose may, if thoy shall

t'sfrsk fit, construct any number of cisier»B, pumpa, wells, conduits, and works.

46. \7iios ever shall wilfully destroy or injure any cistern, well, pump, reservoir, conduit, rquc-duct, 01 otlier water works helongiu<r to, w imd.-r the mar* ag^uient or c-mtro' of, the B^nrd, or sha'l unlawfully divert or take water from any &neh work 3, or do or suffer to be done any act t r thing whereby any water contained in any snr;h cistern, well, reserv ;r, cuduit, aqueduct, or of her water-works, sh;dl b fouled

or rendered unwhol«>omH, shall-for every suds ••ffcdce forfeit a sum not exceeding Five pounds, ai»-l a ftir : ther sum of Ten shillings for each day whilst the offence is continued.

47. The Board, with the approval o£ the Superintendent, may provide, maint »in, lay out, plant aud 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 he lawful for the Board to licence from time to time such number of carts to ply within the city of Duncdin, a 1 d to mnkesueh rules and rejrula-

tiohs with rrt<rence to the licensingofearters, the place* n'h'-re they shall stand, th" rates they shaHireeeivc, the distance they .shall be co'-ipelicd to go, mid such other matters as may tend to the public convenience in re-

trard to th> m as the Beard may see lit; and any carter plying without a license, or otherwise offending

against any Mich rule or re^ruia ion, shall on convic-

tioa pay a penalty not excei'ding five pounds: Provideo aUvny-, that no such rule or regulation shall have force or »■!!<;<% unless and until the same shall

Ik; allowed by the Supf-rinlendei't, and published in ihe Pvovinciul Government Gazette.

49. All the sum* of money, including officers' salaries and all other expense required for the purposes of the " Uunedin Itoad< aru! Streets Ordinance, lt)s.V' and this Ordinance, shall be defrayed out of ttie A^'-'.^iimeai authorUf d to be made and levied by the twelfth clause orseciijn of the tmii\ first mentioned Ordinance: but at any mretintr of the Board convenened lor the purpose of making or considering such assj-s-snvnt, the Board sha-i estimate aad fix such s'.ithh of money so- requ'ml and necessary to be ievied umlf-r the several h?nds of Lighting, Cleaning, ! and Miscellaneous Expanses; and ilk; assessment so authorised to he made and I vie.J shall be made and [levied rateably tor these several purposes, aad shall not ia the a^ui*«?Kat« exceed, in any one yf-ar, the j sum specified in the aforesaid section of the said first mentioned Ordinance. 50. It, shall be lawful for the Board, at any meeting 3 for makijigorcmsi-taring such a^jssinent to exempt tor a time, or from time to-time, any sheets larui.s, aua houses, from nil or any of the regulations in regard i-j lighting aril clrKin:-i»:r r^pectivvly, established or hereafter to be established by or in pursuance of the " !>uiit*lin li'j-i -.ls and Streets Ordinance, ISS.V and ihii Or.'inaiifo ; and any such Htrct 1-, i.miU, ami houses, if so exempted from ail such reg\il!!tio<:t-, >hali. l during the coiitinuunce of Kiich exemption. »'• free i from payment of aiiv part of the a-"=.*»3.sintit» aUhoiLed j to l»e levi.M tor li iui<i:'.tion of the exwn.ne of lighting an-l c'l-atisinx; but in tho event of any Kuril strr>ts, ian-I*. an 1 ho'ises being only partnlly exeiu;<fel from .such regulations, then such streets, lands, ai. 1 houses ho. partially exempted, shall be liable in pavtaent of such i-'ut of such aase-diueiit ;is slistil bf- iixud and determined by the B ;ai\l in a fair and equitable j .uaafier. ill. In order to defray the expenses attending the nuking, enlannnjr, altering, coveri: g, or enclosing :i:iy at,.v>,-r of the 13.i.ird, or in or about any other A-nrks, matter*, and thing* of a permanent mature, .M.'d executed or dyne for the \>t"<;fii of any •ii.itrict or part of any district, wh<-th'-r tor in\\v: one or suver.i! war-Is, or p-irts of on* or of .-ji'veiiil Witr.ls, the Board shall, ov-v aii-1 ah >ye the .isv*sfn'-nt-i for the other purp-jses hercinbefire mciitioiied. and 1:1 the sain-i manner as for the aaiii la-.t meuti<»i«'l ;u~e«me it, m.tfc-* and ;t,-vy, in respect of the ].ri.'in::-oa s:iu:ite in j'ich district for t!i^ b"u< fit of whi<-ii tli-; •■xp-Miws. j :»!•<• iiifurr*'.! or to iii i'icurre-1, a ra'e or n'«*i, fc> l>i caiiC'f Sp-vial iJi'tt'ict Itate^. of mucli a^tximii as will Ik.1 sUtriC'Lr;;t to di^ha-W th<; .'itno'lut of sue.! i X'leli i>f-« r m«l int'-ri'st tht reo-i v: thiti sn.-li pirriol, v.->l ixceeil- I inp six year-, as tin.- Uoar.i shall deU'nniae. ': i>l. !f it shall appear to a majority of not less than ■ . two-tliirdiof ti;e rate iiuyers, owners, or occupiers of j H-u.~<"i or !.i» ,'.■% i,; any or part of a street, oj j ,<r!it-r tlesi'rii)c--.l and <leii:ied p;»rt of Dune*lm, ut a j onb i'! ntopt.ifi.-j to i>3 callfd on notiw, as hrremti'?- '■ j'Vi,viili<-(, tii:tt tlie «-xt:«;auon of partiiMiUr work;, 1 niutters, or thinjr-i, which the Hoanl have on jroo* ' and Kunicit-nt deciiue.l to exfeut^, v,-«m..' 1 rn;itriliiite to the health a»d convenience of the in- ' J hahitauf of %ii(j]j part of iiutifliri. the Coar-1 on reI C"»iv:ii'j security to their K.-iti-fite'ioa for pavinr-nt of t li(- txnense thereof, *ha!l procure a p'nn ami ♦•sfjruate 1 of the c« t of ex ■cutiii'jsuch worlts. an-1 .ihall tay thf " same before another jiu'iik: meeting of such r.ite " pavers, to If <*:it el on notice as is hereinafter pro *■ vuled ; and if tli^ sirne *hrill !>e apjiroved and saTse- } I tione.l by a majority of such rate papers a«.semMe«! it » I -isir-Ii Ir.st 'ncntioned ineetinu, the B^arl, on res-.-'ivin-r

security t»r the expense thereof, or in case the Bourd ai^rec to iK-ar any part of t'm expetiw', security for Mi<? remainder, r-hati eaus™ the work in question to be execute^ ; nn<i In th.1 evnt of tinre not bei:i<f voluntary contribution* of adequate amount for th sp;iru"*\ the- B.jnul shall pay tin; cost, or the r*t? p.iy'-s' proportion of th? rest, as tlit: cw may he, out of a special rate to bo n<a'.ie and levied in respect of the premises s'ttiat.-d in the sat 1 part of liunedin, in »uch mn.in< r as the Uonrd sl;;s!l direct. f>3. If any person, shall think him<olf aggrieved by t!.e decision of the Board, in any case in which the Board are ' :iij>owcrftd to eaa-£ any work, matter, or t!i*!!i_' to be execute! and dune, and in respect of which •>>ueii person may be made chargeable to any special rate in terras of this Ordinance, or by any decision of the Board iijkhi the vahi<? at which hix property is !is:teß><ed fur any or other rat 2 authorized by lUin Onlinauee t> be levied, it *hall Uf> lawful for him at auy time within ow calendar month after p :b!ic notice siiatl have been given by ihe Board of any .such lee'iMOii, to appeal to tin- Justices of the Peace, and any three or m^re such Ju<.r:e.-s, n«:t heing members of tho Hoard, tihali have jvmer f) hertr an i detc-nnine the same, and to award relief in the premises, as the jostici- of the w* may require, and the decision of such Jusiievs sliall hi fiuui and conclu.'.ive iv* regards the matt*r of such appeal : Provided thut the per-on so appealing siial! notice in writing to the Uo.ird of .such hi-* intension of appealing, fourteen days before the holding of the Ouurt, at whioii &uc'u appeal may be heard and determined. ss. In order to raise the mon^y which may be necessary for the purpose* of this OrdSnance before tfie a.s.stosments hereby Hutliorued are levied, it shall be lawul fir the Hoard, or & majority of members thereof assembled at a meeting sjk*cially called for the purpose, and nt which not !e«s than two thirls of their number shall be piv-ent, to authorize their Tr n«»»H rer to borrow any i=iiia or sorns of money, not exceeiling in the whole th'.1 fii'u of twelve tlumsind p.^unils fortfie g< nerd jmrpo-io^ of this Ordjnjru-o, *ith powev to the Bo;rd by v qu.-rum of the uiemlfrs, to jirant bills or bond, or obtaiu ca.sh credits for the same ; atul for | further security to the person or perso;.a from whom such money may b«: bono»ved, tr> assign io s'ich person or persons tlie as^ssrtf-nts hereby autlKaisaJ to Ibe mad« and levie'l, until the sum or surr.^. so to be hnrroweu, with interest thereoti, shall be r»-p lid and uis'.«hai'<;wl.

r>s. In order to raise the money which nvxy be required f.»r the makrtg, enlarging, altering, covering or enclosing any sewer of the Board or for r.nj oth»*r \.'ork.i. matters, and things of a permanent nature, air] to be executed and done for the benefit, of an>" district as aforesaid, it shall Iws lawful for the Hoard or the majority of the members thereof assemble-") at a meeting expressly called for the. purpose, and at which not less tha two-thirds of ttieir number shall be present, to authorise their Treasurer to borrow any fu«h or sums nf money not exceeding in the whole, thftpuui of five thousand j>ounds, with jwwer tothe Soar.} by a quorum «>f the members thereof, to grant bilis "or bonds, or obtain cash credits for the .same. an*! for further security to the person or persons 4roin whom such money may be Ikutgwwl, to assign to «Mr«i j-er-son or persons •he assessments hereby authorized to be made and levied, until the sum or bums so to k lwrrowel with interest thereon, shall be repaid and discharged.

56. No member of the Board or Treasurer shall be held or adjudged, to have xuade himself per-ot.a'ly liable for the repayment of any money borrowed, or interest then if, by reason of having signed any securities as aforesaid.

57. In no case shall any forfeiture, penalty,or fins imposed in pursuance of this Ordinance, or of any bye law to be made agreeable to the provisions of thic Ordinance in that behalf, exceed for any one offence, the sum of one hundred pounds. All such forfeitures penalties, aud fines, shall be recoverable in a summary way, and shall be sued for and recovered by, and paid to the e'erk of the Board, and shall be accounted for by him to the Treasurer of the Board, and shall form part of the fund 3 for the general purposes of this Ordinance.

58. In all cases iv which any notice is by this Ordinance required to be given to the owners or occu piers of any premises, it shall be Bulficieut to address the notice to them by the description of the owner or occupier (as the case m;»y require) of the premise? (naming them) in respect of which the notice is given (hereinafter called the premises), without further name or description, aud the notice shall be served upon them or one of them, as the case may require, cither personally or by delivering"; i c same to some immat« of has or th«ir plaoe of abodeor in the ease of

of 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 tue owner's^ place of residence be unknown, it shall be sufficient to Si the notice upon some conspicuous part of the premises; Provided always in the ense of notices to the owuer, that although his place of abode, be known to the Board, yet if it be not withiu Ihinedin, it bhall be sufficient to transmit any notice directed to him by name through tht Post Ofiioe, , 59. Whenever the consent, approval, or authori of the Superintendent is required by the provisions of this ordinance,there&olution trivingorrefusingthesame shall be pasted, with the advice and consent of the Executive Council, and shall be in writing under hi 3 hand; and -whenever the consent, approval, or authority of the Board is so required, the *ame shall be in writing under the hands of three or more mem here, aud 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 miy i>erson "from any liability to which he would otherwise have been subject in respect thereof.

Gl. In the construction of this Ordinance, the following worJsand expressions shall have the meaning hereby assigned to them, unless such meanings I* repugnant to and inconsistent with the context of the subject matter in which such words or expressions occur; (that is to say),

The word " Board" shall mean the Town Board of Dunedin for the time being.

The word " street" shall include any road, bridge, footway, pavement, court, alley, or passage, whether a thoroughfare or not, and the parts of any such ro;ul, bndfje, footway, pavement, court, alley, or passage, within the citj of Dunedin. The word "drain" shall mean and include any dntin of and used for the drainage of one building only, or premises within the same curtilage, and ixmde merely fur 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 wo;*d ''sewer" shall mean and include sewers and drains of every description, except drains to which the word " drain" interpreted as afore;iaid applies. Passed the Provincial Council thi3 eighth day oi May, Oue thousand eight hundred and sixty-two. ALEX. KENNIE, Speaker.

CHAS. SMITH, Clerk of Council. Dunedi;i, ninth May, One thousand eight hundred and sixty-two.—l hereby declare that I reserve this Bill for th» signification of the Governor's pleasure tLerecn. J. L. C. lIICHARDSON, Superintendent of the Province of Otago.