DUNEDIN IMPROVEMENT ORDI NANCE, 1862.

Otago Daily Times, Issue 215, 28 August 1862, Page 7

DUNEDIN IMPROVEMENT ORDI NANCE, 1862.

An Ordinance for Promoting the Improvement of the City of JJuncdin. IYhr-m.s it is expedient to make furthr-r and more efiei'iusl provision fbrdi iiinhisr,di-a^eing, lighting, nnd piling' i!;fj city of Jjuiitdia."and for tlis sanitary im-punmu-Tit theivof, fii d in other respects to amend tin- "]>m.tola Town Board Ordinance, 1853," and thi; '-lusi.cviin Roads and Streets Ordinance, 1855:" Pp it thrrifcrs en:ift«l by the Superintendent cf t!;C Picvinci; of O?:igo. with the advice and consent, of iho Provincial Council thereof; as follows:— 1. This Ordinance shall be termed, and may be cited and vH-vre.1. to as the '•' Dunedin Improvement OidhiPTice. lSi'i-2."' 2. This Ordin?.nre shall tome into force on and after a day to be fixed by the Snpeiintendent, by procltimnmaticn in the Provincial Government Gazette, which proda.T.nfion shuiJ not be made unless and until' the Governor shall intimate that lie has left this Ordinance to its operation. And the Members of the Town Board of Dunedin, elected under the said first recited Ordinance, shall superintend the execution of tbis Ordinance until the election of their 'successors v oSce under this Ordinance. 3. From and after the date upon which this Ordinance shall come into operation in manner afore^rid Buch parts of the said two recited Ordinances as are repugnant to and inconsistent.. with this Ordinance M:a!i be fmd the seme are hereby repealed: Provided always that, except in so far as hereby repealed the said recited Ordinances shall be effectual to all intents and purposes, as if this Ordinance had not been passed. 4 Immediately after the passwsr of this Ordinance, tbeJJoard snail divide the said City'into Wards-of Districts, and fix and determine the boundaries thereof; and it shall be lawful for the Board to alter vs.ry, add to, "or diminish the boundaries and extent oi th? said ards, or any of them, and to vary the number of said "Wards, in such manner as the state of the population'thereof, or other circumstance* shall appear to them from time to time to require; and the.boundaries of the Wards shall run along the middle of the streets by which they are declared to be bounded, except when the contrary is specially mentioned: Provided always that such \\ srus, aud thereof, and any alterations thereon, snail be intimated by advertisement, to be made in the Provincial Government Gazette and in newspapers published in Dunedin. 5. Immediately after the passing of this Ordinance nnd the uivision of the said city into Wards.,as hereinbefore directed, and yearly thereafter as the Board shall direct, the Hoard shall cause to be collected the Names and Residences of every pe.'son in each Ward, who may be liable to be rated, a.s hereinafter mentioned., in consideration of any lands, builuincs, and hereditaments owned or occupied by him, and situated within the boundaries of any such* Ward : and shall cause a list of such persons in each Ward to be made, and published in one or more newspapers circulated in Dune-ii:;, together with a notice of. the time when and the ploce wht re- tlie Board will attend to hear any objections that may be made to such lists; and at tlie time and place so named, the Board shall attend, enquire into, hear and determine any such objections; and the decision of the Board shall be final and conclusive in regard to any and even- objection made against every such list; anil the said lists, when thus settled and revised, shall be I transcribed in a book to be called the Rate-payers' Roll, and shall be lodged with the boots and papers of tiie Board ; and if at any time after the completion of such Rate-payers' 1101 l any person not being liable tobe placed on such Roll at the time of its completion, shall thereafter become liable to be rated for or on account of any lands, buildings, and hereditaments owned or occupied by lrim within any such Ward, it shall be coir.potent for such person to apply to the Board to have^his name inserted in the Ratepayers' Roll for tiie Vvardin which such premises are situated; and if it shail be. made to appear to the satisfaction of the Board that such person was' not at the time of the j compiling or making the Rate-payers' Roll as afore- ! said liable to be rated, but has since become so, and i has for the space of three months previous to such application been so liable, the Board shall cause the ■name of suoli applicant to be placed on the Rate- I payers' Roll tor the Ward or Wards in'which- he is so qualified to vote. 6. The Members of the Board to be elected under the authority of this Ordinance shnll be ratepayers upon the ratepayers' roll for any of the said Wards, and shall be elected by a majority of the votes of the ratepayers on the ratepayers' roll for the Ward for j which they are elected. " ■ j 7. Evtry male person.of full age who shall, under j the XTovision'of this Ordinance,be liable to be rated i oraK^sed for or on account of any rate levied or j as?€>:-e(i by the Board, and whose name shall appear ■ en the rattp.vers' roll for any of the said Wards, as eri'inbffore provided, shall be deemed a ratepayer' or The p;:vpo>eof any such election for any Ward on the roll for which his name so appears. S. Therei^allbc three Members of the Board for each I War. 1., whose tlecticsi shall be made in manner jis fol- j lows:- TLe Clerk to the Board shall prepare a book for each Wai\l, and .shail direct a Clerk to attend at | some c-'isveiiient place in or adjacent .to each Ward, | upon the first Monday in the month of December in j every year, jiik! tho Rate-payers in each Ward intending to vite in such election shall appear personally at Buch place, and the names of the persons voted for i and the names of such voters shall be inscribed in ! the said book by the Clerk, and subscribed by each j Yute»\ 9. At any sue!' election.it shall be competent for any caiidMite or Ratepayer on -the .-Ratepayers' Roll | for the Ward to object to any person tendering his ! vote nuii before he.has voted, only on the.ground that j Buc'ii per?c-n is not a Ratepayer on the Ratepayers' ' Roli for the Ward, or ha" voted before at the same j election ; ami ousuch objection beinj; taken, the Cierk I acting ?t bueh election shall register sncli vote, but | shall r-.t tlse jame time make a memorandum of the j Eaiiiy of aiit-b voter, and report such objection to the j ; Clerk cf u:e Board in the .Register Book »s herein- j [ after uirei-ti.il : I'revided always that no elector i-hail i ; have mont tlian one vote in the election for a Ward '■without prejuaiee to his voting in any other Ward or < Ward.: if qualified as. aforesaid. 10. Every such Election &hall commence at nine o'clock, in the morning of the day on which it is to j ' tak.; };!.•;<>?, and shall continue until eleven o'clock of j ' the said day ; after which no new Candidate shall be i ] voted for, and if at 'such ' last-mentioned hour the j names of not mere persons than the number to be j • elected shnll be inscribed, for the office in each Ward ! respectively, the election in such case-shall be. «'c- j elared to be at an end and no Votes shall thereafter be receivei.l: 5-ut it' the names'of more persons than tlie ! numler to l«j elected shall be so inscribed then the i said Book sliall remain open until four o'clock of the j raid <J:iy, after which no votes shall be received (ex ; cept tljo;~e of such Electors as may be within the Polling Place waiting to tender their Votes), aud the Election shall be declared at an end: Provided always j that it s-hall be in the power of the persons voted for I by .a writing under their hands to terminate the j ' Polling at any time cf the day after eleven o'clock, j ' hey may think proper. j 11. Not less than six nor more than twelve days ; before the first Monday in tlie month of December i in every year, the Clerk to the Board shall cause in- ] timutio'.: to be made by advertisements in newspapers pi: H-he^i in J)u:ie:iiu, and in such other manner as'i ' the Board shall deem proper, of the days and places J | of election. J 12. At the expiration of the periixi so fixed within which buch Elections shall take place, the (Jlerks ap- ; pointed tv at tend the same shall deliver the said books ( to the Clerk of the Board, who shall make up and write in each of the said books a state of , the votes in tiie Ward, and shall affix to the door of ' hi* office, within two days thereafter, the names of the persons having the majority of votes, who shail be held to be elected as Members of the Board; and the said books in which the names and votes are inserted, in manner above described, shall remain open and patent for the inspection of all concerned, at the office ■'. of tl:e Clerk of the Board, for four days after every J such Election. 13. if any person shall, at any time, obstruct. ' hinder, or molest either any Elector in giving his j vote, or the Clerk acting at any Election, in the performance of his duty, every person so offending sliail, 1 upon conviction before a Justice of the Peace, be liable to a penalty of one ponnd for each offence ; and i if any person not'mialified to vote shall nevertheless c vote "at any such Election, every such person so of- < fending shall, upon conviction as aforesaid, be liable < c to a penalty not exceeding two pounds for each i fience ■* 14. It. shall be competent t? any person who con- s 'eiders that he oupcht to ' have been returned as a * Member of the Board, to complain against the Clerk's € return, provided the complaint be made by petition £ to the Board, Mgned by the complfiiner, or by some s person on his behalf, and lodged with, the Clen: to the » Board, within four lawful days after the Election ; a aud on such petition being presented, the Board ' shall remit to a Committee of live of their n- mber to * inquire into the merits of such disputed Election, and report thereon to a subsequent meeting of the Boiiii, and tlie determination of the Boa-il on 1 uion report - shall be final and conclusive; and if, a and ttiie clerk's report, «■• unon a scrutiny demanded, c and ti.e said Committee's report, there shall be found t to be ..ri cquaiity of votes at any of the said Elections, a the Board shall determine which of the Candidates a shall le preferred. 8

10. One of the three Members elected for each Ward shall .amiually go out of ohVe, and the Board shall cause the order of their retirement to be determined by LJaJIot, not less than tlriity days previous thereto • and imy member rctiiii£ as aforesaid shall, if disqualified, be eligible for re-election

. 36. When the office of a Member of tha Board s.iall become "acant, by death, resignation, nonacceptaw.'e; disqualification, or in any other way, the Uerk shall, at the first meeting;-of the Board after "^occurrence of such vacancy! or after the same shall have become known to him, report such vacancy tiiat a, day may be fixed for the election of a new member, to supply the said vacancy, and shall intimate such election by advertisement, and the election shall proceed in all resppcts ag in manner herein provided in the" ease of annual elections ; and within two days after such election, the Clerk shall nflix on the door of his otlice the nnme of the person ejected, and it shall he competent to any peTson who considers that he ought to have been returned as the person elected,"to complain, and for the Board to proceed in regard to such election n manner hereinbefore directed in-the case of"-" complain* in annual elections: Provided always that such petition and ■ complaint be lodged with the Clerk before the first meeting of the B(jard after such election. *il7- Genei' a! Meetings of the Board shall be held in the -Months of January, April, July, and October, for putting- the powers committed to the Board in exoeutiou ; and all such meetings 1! be called, and the proceedings thereat shall We conducted in the manner set forth in tha said first recited Ordinance. .- -18. If the Electors of any of the «iid Wards shall refine or neglect to elect Members of the Board, upon any day duly appointed for such election, it shall be Jawful for the Board to nominate and appoint qualified persons to "be such Members, and such members when so nominated and appointed, .shall have and enjoy the same powers and privileges, and shall remain the same time in office, as if they had been duly elected by the electors in such Wards." 19. Save and except as herein otherwise provided, th° Board. shall. have,. and either by themselves or by Committees of their number duly authorised, shall ext cute all the powers and duties-vested in or imposed on the Board by this Ordinance, and tho said recited Ordinances, in so far as not hereby rep»a!rd and shall appoint ail persons and officers whom it may he 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 roguiate their salaries and wages, and to estimate, assess levy, raise, and apply, or cause to be estimated, assessed, levied, ?.nd applied, the sums of money hereinafter authorised 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 sirt-ets, at such times and in such manner as.their Inspector of Clausing shall direct, and to enter into contracts for such purposes, and for the sale or disposal of the sweepings of the streets. 21. It shall be lawful for the Board to make pro- j vision for lighting the streets, in such manner and to such extent as to the Board shall appear suitab'e ;to provide, erect, 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 causing to be lighted, such lamps, by means of oil or gas, or such ' other light as they may find expedient; and to order the lamp-posts, hnip iron .s, and lamps, to be fixed ; either on the sides of the streets or upon the curb- ; stones of the pavement, or footpaths, or in or at the walls of buildings, upon indemnifying the owners or occupiers for any damage done, the amount of which, in the event of difference ; opinion, to be fixed and determined summarily by the Reskleut Magistrate. 22. It shall be lawful for the Board to make and ! enact, and from time to time to alter, amend, and re j peal, Kules, Regulations, ttnd Bye-laws relating to th ! cleansing, lighting, paving-, causewaying, metalling ] and repairing'of streets;"the makingaud repairing of common sewers, drains, privies, and urinab; the preventing and suppressing of nuisances, annoyances, and obstructions, and the promoting of health "within Dunedin ; and the proper management of the Firo Engine Establishment: Provided always that such rules, regulations, and bye-laws shall iiot be inconsistent with, or repugnant to, any Act or Ordinance in force wiihiu the Province of Of ago. 23. It shall be lawful for the Board to imp-se and exact such penalties, fine;-, and forfeitures for the infringement and bmiuh of any such bye-laws as 'shall seem to them tit and reasonable : Provided-always that no such penalty shall exceed, for any one offence, I the sum of forty shillings, and in the case of a con- f tinuing nuisance, the .sum of five shilling.-; fur every 1 day during which such nuisance thall not be abated, j 24. No bye-law ma-Je un.ler the* powers herein con- > tamed shall be of fore-* until a copy thereof, ! certified by the Clerk to the Board, .shall have •; been inserted once in newspapers -published in j Dunedin, and shall have been confirmed by the Su- ! Superintendent; and if the Superintendent shall dis- ' allow the sail bye-law, or any part thereof, such bye- j law, or the part thereof disallowed, shall not come I into operation, and any such bye-laws so confirmed shall be published in the Provincial Government Guzette, and shall have full force and effect. 25. It shall be the duty of the Inspector of Lighting and Cleansing U> attend to the due fulfilment of ; all contracts made by the Beard as to Lighting and j Cleansing; to cause to be removal from the streets all I dung, soil, diit, ashes and filth; to .see that all | Limps be lighted and kept lighted for the due tun", and kept in all respects in proper order ;to receive and forthwith communicate to the Board and other ' Authorities any complaints or remonstrances relating to Nuisances and the Cleansing and Lighting of the Etreei3, with th<: result of his own en(|uiiieli on the subject |_- to enforce all the Peculations and Provisions for the prevention of Nuisances, and the promotion of the health and comfort of the Inhabitants ; | and generally to obey all the Orders, Instructions,] and itegulations which may from time to time be ! ' ina-Je relative to the execution of his duties. h 26. If upon the certificate of any Medical ! Officer of the Government or any two Medical j Practitioners., it appears to the P..-ml that anyl! House, or Building, or part thereof, h in such a filthy or unwholcc-ome condition that the health oi ' any person is affected or endangered thereby, or that the whitewashing, cleansing,' or purifying" of, any 1 house or part thereof would tend to prevent or check j j infectious or contagious disease, the Board, hhall give I j notice in writing to the owner or occupier of such ] i house or part thereof to whitewash, cleanse,-or purify j 1 the tame as the case may require ; and if the person j to_ whom notice is so given fail to comply therewith, j within such lirae as shall be specified in the said no- ! , tice, he shall be liable to a penalty not exceeding Ten '! shiljings for every day during which he continues to ! make default; and the Board may if they shall think j , fit can.se such Louse, building, or part thereof to be ! J whitewashed, cleansed, or purified, and the expenses 1 incurred by them in so doing shall be repaid by the . owner or occupier in default, and be recoverable from either'of.them in a summary way. 27. No noxious or offensive business, trade, or manufacture shall be established in any building or ' place within the City of Dunedin, after the passing of this Ordinance, without the consent of the Board, , who may either refuse such consent or grant the same upon such conditions for the observance of such Regulations as they may deem proper, in order to pre- I vent or diminish the noxious effects of any such busi- 1 ness; and whosoever offends against this enactment I shall be liable for each offence to a penalty of Five ; Pounds, and a further penalty of Ten Shillings for < each day during which this offence is continued. 28. The Superintendent shall cause to be prepared : by the Provincial Civil Engineer, upon a sqale to be ■ [described by the Superintendent, a Map or Maps ex- j libiting a system of Sewerage for effectually draining J the City of Dunedin; and a copy of such Slap shall ! be furnished to the Board and kept at the office of the Clerk of the Board, and shall at all reasonable times be open to the inspection of the Ratepayers or ' Dunedin. ' 29. All Sewers, whether existing at the passing of s this Ordinance or made at any time thereafter, toge- j ther with all Buildings, Works, Materials and things j belonging or appertain ing thereto, shall be entirely 1 under the management and control of the Board. i 30. The Board from time to" time shall cause to be : made such Sewers as may be necessary for effectually I draining the City of Dunedin for the purposes of this l Ordinance, and may carrj r any such sewer through, s across, or under any street or place laid out cs or a intended for a street, or under any cellar or vault which may be under the pavement or carriage way of c any street, and after reasonable notice iv writing in \ that behalt into, through or under any land whatso- r ever should such be necessary: Provided always that ( all such Sewers to be hereafter made shall be made in t accordance with the system of drainage to be exhibited i by the Map or Maps hereinbefore mentioned, unless i my deviation therefrom shall be sanctioned by the 1 Superintendent, and until such Map or Maps are prepared, shall be made with the approbation and con- f sent of the Superintendent. i 31. The Board may from time to time repair, en- I large, lessen, alter, arch over, or otherwise improve v ill or any o! the Sewers under their management and l jontrol, and discontinue, close up, or destroy such of ' them as they may deem to have become unnecesiry: Provided always that the discontinuance of \ my Sewer shall be done with the approbation and j mseut of the Superintendent and so as not to create «

Nuisance: and if by reason thereof any perron is epnved of the lawful uso of any Sewer,' the Board nail provide some other Sewer a« effectual for his use n tlie one of which he i* so deprived.

r 32. Ph.; Board shall cause the Sc-wers under their .management and control to be constructed, covered, ami kept so ns uor. to be a nuisance or injurious to Health, anil to be properly cleared, cleansed and emptied, and ior the purpose of cleausiajr un.l emptying the yanie, they may construct and place either above or under-ground such reservoirs, sluices, engines, or otuer works as^may be necessary, and may cause nil or any of the said Sewers to communicate witn and bo emptied into such places' as- may be fit and necessary, and may cause Sewage and refuse therefrom to be collected for sale or any purpose whatsoever, but so as not to create a Nuisance.

03. It shall not be lawful to cause any Sewer or Dram to communicate with or be emptied into any bewerof the Board, nor to cause any building to be erected over any such last mentioned Sewer, nor to cause any \ aalfc. Arch, or Cellar, to be built or constructed under the pavement, footway, or carriage way of any street, without the written consent of the Board first had and obtained; And whoever offends against this enactment shall forfeit to the Board the sum ot Iwenty pounds, and a further penalty of One p-nnul for every day during which the offence is continued, alter notice in writing from the Clerk to the Board in this behalf; and if any sewer, drain, buildup, vault, arch, or cellar, shall be made or constructed contrary to this enactment, th* Board may cause the same to he altere.l, pulled down, or otherwise dealt with as they may think fit, and the expenses incurred by them in so doin<r shall be repaid to them by the offender or recovered from him.

31. Any owner or occupier of premises adKuninr or near to bul beyond the liu.it.s of the City of Dmh-edin^may-cause any Sewer or Drain of or from .such premises, to communicate with any Sewer of tlie Board, upon such krms and conditions as-shall be agreed upon between Mich owner.or occupier, and the Board, or in case of dispute, as shall be settled by the hupenutendent, whose award shall be final and conclusive.

oa It s.jall not ho lawful newly to erect or to reluuld any house- or to occupy any house so newly erected or rebuilt, iml.-ss and until a covered drain or drains bo constructed of such siz<; and materials and at such level and with such fall a* to the Board shall appear to be necessary and sufficient fur the proper and ettl-etu.d drainage of such house and its appurtenances; and the drain or drains so to be constructed shall lead to and commnuicate with a Sewer of ths Hoard, or such other means of drainage as the Board shall direct if the same exist within one hundred feet of the sit.; of .such house ; and if no such Sewer or moans of drainage Ij« within that distance, then the s.iiJ drain or drains shall communicate with and be emptied into such covered cesspool or other place not being- under'any house, and being at such distance from any house, us the Hoard shall direct and whosoever erects or rebuilds any house, or occupies any house contrary to this enact; tut,'- shall be liable for every such otfrnc to a penalty not exeeedngTcu Pounds.

.%. It at any tune it appear.-, to the Board that any I house, whether built before "or after the pa-ssin" 01 this Ordinance, is withoui any drain or drains sufficient for the proper and Hlk-tual drainage of the same and it.s appurtenance-, and if a sower of the Board or | other means of drainage be within one hundred feet of any part of such house, they shall cause notice in writing to bf> given to the owners or occupiers of such house, requiring him forthwith, or within such reasonable time as shall be specified therein to construct and lay down in connection with such house, and one of those means of drainage, one or more covered drain or drains, of such material and size, at such level, and with such fall as shall appear to be necessary ; and if such notice shall not be com. j plied with, the owner shall be liable to a penalty not exceeding Ten pounds, and the Board may, if they -shad think fit, causa the work to be done, and the expenses thereby incurred by them shall be recoverJ able lrom the owner. 37". It shall not be lawful newly to erect or to rebuild any house without a sufficient water c!o«et or privy, and whomever offends against this enactment shall be liable to a penalty not exceeding Ten pounds; and if at any time it appears to the Board-that any house, whether built before or after "the-passing of j this Ordinance, has not a sufficient water closet or | privy either within the house or in the back yard thereof, the Board shall give notice in writing to the ovvnc/ or occupier of such houte, requiring him within I such reasonable time as thall bo specified therein, to J provide a sufficient water closet or privy; and if such I notice be not complied with, the owner siudl be liable j }to a penalty not excccHu- Ten pounds; and th.-j I Board m:iy, it tiny shall think tit, cause to con- ' j struct*! a suih'cient water closet or privy, or such ! ! other works as the case may require: atnl th* ex- j J penses incurred by them in so doing, shall!« recover- i i able by them from the owner : Provide! alwava, that 1 I when a water-closet or privy has been and h used in { ; common by the inm:i!»'S <-f two or more houses, or if, | tin the opinion <.if t!ie Board, a water-do-iyt or -]>rivv ! may be ko used, tli.:y mid not require the .same to be j I provided, for each house. j !3S. The level of the street* shall be fixed bvtheßoard, ' j aud fourU.-i.-n days at the least before beginning to dig or 1-i.y out the foundation for any new liou.se, or to rt" buiM any hous«, the person intending so to build or j rebuild shall give to the Board written notice thereof, ' ti-pother with the le\el or intended level of the cellars ;or lowest ikw, and the situation and construction of j the privies and wjssjio.jls, to bo constructed or us<xl in j connection with sucii house. And it shall not be !awI ful to begin such works until the particulars fo re- | quired b> be stated h:tve been approved by the Board ; { and in default of such notice, or if any such house- I privy, or cesspool be built or rebuilt without such j appi-uval, or iv any respect contrary to the provisions ' of this Ordinance, tlie offender shall be liable in a penalty not exceeding fifty pounds • and the Board may, if they think tit, cause Mich house, privy, or 1 cesspool to be altered, pulled down, or otbenvLsu"dealt | with as-the case may require, and the expenses inj curred in so doing t-.hall be recoverable from the I offender: Provided always, that if the Board Jail to I signify their approval or disapproval of the said par- • | ticulars for th.i space of fourteen days after receiving ! j such notice, it .shall be lawful to proceed accord in-; to [such notice, if the k:;iuu be otherwise in accordance j with "the provisions of this Ordinance,'or any other Act or Ordinance in force at the time. I 39. It shall be lawful for the Board, and they are hereby authorised and required, to provide, and have jat all times a suiiideiit establishment of fire engines, j I pipes, aud appurtenance;.-, to be used for extinguish- | | ing fires within the limits of Duuedin, and beyond ! i the same as hereinafter provide!. [ | 40. The Board shall appoint an Inspector of Fire ! j Engines, who shall have the charge of the said en- ! ginc*, pipes, and other appurtenances ; and dial! also 1 appoint such number of firemen as the Board shall | think fit and expedient for working the same* in a j j proper manner, and for assisting in extinguishing iires, and shall make such rules and regulations for the said inspector and fneintn as to the Board shall seem proper. j 41. The expense of providing, keeping, and main- ! taining the .said engines, pipes, and appurtenances, and paying the said Inspector and firemen in so far as not otherwise contributed, shall be defrayed from the rates for miscellaneous expenses hereinafter authorised to be made and levied.' 42. It shall be lawful for the Bc\ird upon application, made to them, or to the said Inspector or other person iv charge of suc'i lire engines, to permit the firemen and the engines, pipes, and appurtenances, and genera'ly all or any part of the firo | establishment, to be sent beyond the limits of Dunedin for the purpose of extinguishing fire: Provided always, that the owners and occu- i piere of the property to which the' the firemen aud engines are sent, shall be lxmnd to defray the whole expense chat may be thereby incurred, and al-,o 'such further sum not exceeding ten pounds per centum upon the gros* amount of such expense, as .nay be deemed reasonable for the tear and wear of the engines and appurtenances, and the ordinary expenses of supporting the establishment, the amount of which expense shall be ascertained by accounts thereof signed by the said luspector of fire engines, and approved by the Board or their Committee in that department, *nd doqueted by the Chairman or Clerk ; the said owners or occupiers, and all other persona interested, being always entitled to mutual relief against each other according to law, for the sums paid by them or any of them from whom the Board may recover or receive the same, and the Board shall have power to modify said charges when they see cause. 43.' The Board may with the approval and consent of the Superintendent, provide the City of Dunedin with such a supply of pure and wholesome water, as may be proper and sufficient for the purposes of this Ordinance, and for private use; and for that object I the Board niny with such approval and consent, enter ! into contracts for the construction, laying down, and maintahig of such works, matters aud things, as 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 wash houses, cr for trading and manufacturing purposes, upon such terras and conditions as may be agreed up>n between the Board aud the xxnrsons 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 they shall

think fit, construct any number of eisierns, pumps, wells, conduits, and works.

46. TVhos_ ever shall wilfully destroy or injure any cistern, well, punin, reservoir, conduit, aqueduct, or other water works belonging tu. «r under the managemect or control of, the Board, or slm 1 unlawfully | divert or take water from any s».--h works, or do or suiter to be done auy act % r thing whereby any water contained in any Mich cistern, well, reservoir, c >nduit, aqueduct, or other water-works, sliull be fouled or rendered unwholesome, shall for every such offence loifeit a sum not exceeding Five pounds, and a fur- ! ther sum of Ten shillings for each day whilst the offence m continued. . * 47. Tlie Board, with the approval of the Snperin- i tendent, may provide, maintain, lay out, plant and improve the Town Belt and other premises, for the ' purpose of being used as Public Walks and Pleasure I Grounds, and support or contribute towards any pret lnises provided for such purpose. 43. It shall be lawful for the Board to license from I tune to time such number of carts to ply within the! city of Dunedin, ai d to make such rules" and rejrula- j tions with reference to the licensingof carters, the places I where they shall stand, the rates they shallireci-ive, the distance they shall be compelled to go, and such other matters as may tend to ths public convenience in re- j Sard to tht-m as the Board may see tit; and any | carter plying without a license, or otherwise offending n»ain*t any *uch rule or re-ulaion, shall on conviction pa v a penalty not exceeding five pounds: Provided alway, that no s»scb rule or rcgulatbn shall have force or ei)Vt ? unless and until the same shall be allowed by fie Superintendent, and published in the Pvovliiciul Government Gazette. \

49. All the Finns of money, including officers' salaries and all other cxpens.-* required for the purpose of the " Dunedin 1 toads and Streets Ordinance. 185 V and this Ordinance, shnll be defrayed out < t f theAssr.*.s:i;ent authored to be made and" levied by the twelfth e!nu*e or fusion of the said fin.f. mentioned Ordinance; but at nny nicotian of the Hoard convenened for the purpose of making or considering sucn assessment, the Hoard shall estimate and fi-t such sums of money so required and necessary to he levied under the several li?;ids of Limiting-, Cleaning, and Miscellaneous Expenses; nnd the assessment so authorisrd to bo made and levied shnll be made and levied rateaij'.y tor these seveia! purposes, aad shall not in th.s aggregate exceed, in any one year, the sum specified in the aforesaid section of the" juld first mentioned Ordinance. j 50. It shall be lawful for the Board, at any meeting .orjuakingonxiusiderins suc'i assessment to exempt lor a time, or from time to time, any street*, lands, and houses, from all or any of the regulations in regard to lighting and ck-ansiu^ respectively, established or hereafter to be established by or in pursuance of the ♦' Dunelin Roods and Streets Ordinance, 1355" and this Ordinance; an>l any such streets lands, and houses, if so exempted from all such regulations, shall, during the continuance of such exemption, be free from payment of any part of the assessment authorised to be levied for i?=|ui latiou of tin; cxpensa of lighting and clea!!sin<r; but in the event of any such street.*, lauds «n!.l houses being only partially exempted from Kucii regulations, then such streets, lends, and Louses so partially e.xx-mptel, a lull be liable in payment of such part of such assessment as shall be fixed and determined by the B aid in a fair and equitable manner. 51. In order to defray the expends attending the making, enlarging, altering, covering, or enclosing any sewer of the Board, or in or about any other works, matter*, and things of a permanent nature, and executed or den^ for the benefit of any district or part of any district, whether forming one or several wa.rJs, or parts of one or of several warda, the Board shall, over and above the assessments for the other purposes hereinbefore mentioned, and iv tlie same manner as for the said last mentioned assessment, make anJ levy, in respect of the premises situate in such district for the benefit of which the expenses are incurred or to be incurred, a rate or rates, to be called jSpccril District Hates of such amount as will be suilicient to discliarge the amount of such expenses, and interest thereon within such period, not exceeding six years, as the Board shall determine. 52. If it shall apjwar to a majority of not less than | two thirds of the rate payers, owners, or occupiers of houses or lands in any street or part of a street, or other described and defined part of Dunedin, at a {■public meeting to be called on notice, m hereinafter provided, that the ixvcu'iuu of particular works, mat tors, or things, which the Board have on good and suihVtciit ground declined to execute, would contribute to the health and convenience of the inhabitants of siieii part of Duuedin, the Board on rej giving security to their satisfaction for payment of j tic expanse thereof, ,-hail procure a plan nnd estimate lof the co-t of exfjcutingsuch works, r.'.iil shall lav the i same befo-c anotii-r pu'->!:s: meeting of sjca" rate j pavers to hi- en! el on nnice a- is hereinafter pro | vid.\i;aiid if fli? same .shall lx> approved and sancj tioni.'.l by ,'i majority of such rate papers a^iiiblerf at ! I hu''li last mentioned in'.vti:i:r, the Hoar i, on rc^.-iring ! j wourUy f>r the i-x\»:>.:-^ Ui.ivof, or in c:tse the Bj-ird ! airr.'O :>» hour any part of ti.e f-xpinsv, sfc-aritv for | thf ri'i.iaiuilcr, shall caus ■ the w-ck in question to ha executed; and iv t!i- ey-iif of th-iv n->t being voluntary contributions of a>Jequ:it« amount for the purpaso, the Uo'ird shall pay the cost, or the rate pavers' j proportion of the co.-t, as the csw? may be, out "of a special rate to be made and levied in" respect of the premises situated in the sail part of Dunedin, in such tnanuer as th c Board shall dhvet. 53. If any person shall think himv.lf aggrieved by the decision of the Board, in any ease in which the j Board are empowered to cause any work, matter, or j thing to be executed and done, and inrtspect of which jsuch person may be made chargeablt; to any special J rate in terras of this Ordinance, or by any decision of the Board upon the value at which his property is assessed for any special os- other rate authorized by this Ordinance to by levied, it shall be lawful f (jr J,j m iat any ti. rm: within one calendar month after public ! notice shall have Ken given by the Board of any such decision, to appeal to the Justices of the l't-ace, and any three or m^iv «nch Jus!:w-.s, not bting inemliors |of the Boar.l, sha!; I. ye p<>w«T ta hrr.r an-i determine j tlie same, aril t> ...-.uril rclivt iv the premises, as the justice of the ease may rc<iuire, and the decision of such Jusfic<H .shall be final and conclusive ;ws regards tha matW of .sivli appeal : l'rovi led that tlie person s*> appealing give notice in writing to the Board of such his intension of appealing, " fourteen days before th« holding of the (Jourt, at which such appeal may be heard and determined. j si. In order to r;;i-<: the rnoimy which may be ! necessary f<.r th" purp^.^-s oftiiia'Oruinatife b'eforo I the a»se.s:-inentH liemiiy auihrtrizcd are levied, it shall •be luwiul fi*r tins Ifoard, or a majority ot" ! members thereof assembled at r. meeting" spe- ! cially called for the purpose, and at which not i less than two-thirds of their number shall jbe present, to authorize their Treasurer to j borrow any sum or sums of money, not exceeding in the whole the sum of twelve thousand pounds, for the general purposes of this Ordinance, with power to the lio.trd by a quorum of the members, to grant bills or I bonds, or obtain cash credits for the same ; and for j further security to the person or persons from whom such money may be borrowed, to assign to such person or persons the assessments hereby authorised to be made and levied, until the sum or sums so to be borrowed, with interest thereon, shall be repaid and discharged. 55. In order to raise the money which may be required for the making, enlarging, altering, covering or enclosing any sewer of tlie Board or for any other works, matters, and things of a permanent nature, I and to be executed and done for the benefit of any i district as aforesvid, it shall be lawful for the Board or the majority of the members thereof assembled at a meeting expressly called for the purpose, and at which j not less tha-i two-thirds of their number shall be preI sent, to authorise their Treasurer to borrow any sum ior sums of money not exceeding in the whole, the sum of five thousand pounds, with power to the Board by a quorum of the members thereof, to grant bills or bonds, or obtain cash credits for the same, and for further security to the person or persons from whom such money may be borrowed, to assign to such person or persons the assessments hereby authorized to be made and levied, until the sum or sums so to be borrowed with interest thereon, shall be repaid and discharged. 56. No member of the Board or Treasurer shall be held or adjudged, to have made himself personally liable for the repayment of any money borrowed, or interest thereof, by reason of having signed any securitleaas aforesaid. 57. In no case shall any forfeiture, penalty, or fine imposed in pursuance of this Ordinance, or of any bye-law to be made agreeable to the provisions of this Ordinance in that behalf, exceed for any one offence, the sum of one hundred pounds. All such forfeitures penalties, and fines, shall be recoverable in a sumI mary way, and shall be sued for and recovered by, I and paid to the clerk of the Board, and shall be accounted for by him to the Treasurer of the Board, and shall form part of the funds for the general purposes of this Ordinance. 58. In all ca«es in which any notice is by this Ordinance required to be given to the owners or oceu piers of any premises, it shall be sufficient to address the notice to them by the description of the owner or , occupier (as the case may require) of the premises (naming them) in respect of which the notice is given (hereinafter called the premises), without further name or description, and the notice shall be Berved upon them or one of them, as the case may require, either personally or by delivering i c same to some inmate of bis or their place of abodeor iv the case of

of the occupier, and also in the case of the, owner, if his place of abode be unknown, upon any inmate of the previses, or if they be unoccupied and the ! owner s place of residence be unknown, it shall j be sufficient to fix the notice upon some eonj spicuous part of the premises: Provided always in the case of notices to the owner, that although his place of abode be known to the Board, yet if it be not within Bunedin, it shall be sufficient to transmit any notice directed to him by name through the Post Office. 59. Wbenerer the consent, approval, or authori of the Superintendent is required by the provisions of this ordinance,theresolutiongivingorrefusingthesame 1 shall be passed, with the advice and consent of the I Executive Council, and shall be in writing under his hand; and whenever the consent, approval, or authority of the Board is so required, the same shall be in writing- under the hands of three or more mem bers, and the Clerk of the Board. GO. 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 liability to which he would otherwise have been subject I in respect thereof. j 61. In the construction of this Ordinance, the following words and expressions shall have the meaning hereby assigned to them, unless such meanings be repugnant to and inconsistent with the context of the subject matter in which such words or expressions occur; (that is to say), The won! " Board" shall mean the Town Board of Dunedin for the time being. [ The word "street" shall include any road, bridge, I 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-j>ool 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 and drains of every description, except drains to which the word " drain" interpreted as aforesaid applies. Passed the Provincial Council this eighth day of May, One thousand eight hundred and sixty-two. ALEX. RENNIE, Speaker. CHAS. SMITH, Clerk of Council. Duutdin, ninth May, One thousand eijht hundred and sixty-two.—l hereby declare tliat I reserve this Bill for the signification of the Governor's pleasure thereon. j J. L. C. RICHARDSON, I ; Superintendent of the Province of Otago. I