DUNEDIN IMPROVEMENT ORDINANCE, 1862.

Otago Daily Times, Issue 223, 6 September 1862, Page 7

DUNEDIN IMPROVEMENT ORDINANCE, 1862.

An'-Ordinance for Promoting the Improvement of the City of Dunedin. ' Whefets it is expedient to make further and more effectual provision fordrninintr, elf ansii^, lighting and paving t!>c <.-;fy of Dunwiin, and ibr the sanitary improvement ihe:-eof, a- d in other respects to amend he " 3 imcOKi T-nvn Board Oidinance," 1855," and he "Duueusn Itouds and Streets Ordinance, 1855:" Be it tfctrri-fore enacted by the Superintendent of the Piovinco ol ptngo with the advice and con&eut of the Provincial Council thereof; as follows:— " 1. This Ordinance shall be termed, and may he cited and r.-f.-rred to as the " Dunedinlmprovement ..-Ordiaance, 1302." 2. This Ordinance shall come into force on and niter a day iobe nxed by the, Superintendent, by proclaroamatHm. m the Provincial Government Gazette, vriuch procuration shall not be wade unless and until the Governor shall intimate that he has left thi* Ordinance to its operation. And the Members of the Town Board ot Dunedin, elected under the said first recited Ort.inance, shall superintend the execution of this Ordinance until the election of their successcis n ufnee under this Ordinance. 3. From and after the date upon which this Ordinance shall come into operation in manner aforesaid such parts of the said two recited Ordinances as are repugnant to and -inconsistent with this Ordinance »hail be and the sr.nie are hereby repealed: Provided always that, except in so far as hereby repealed, the •airt recited Ordinances shall be effectual to all intents and purposes, as if this -Ordinance had not been passed. 4 Immediately after the passiujr of this Ordinance, the Board shall divide the said City into Wards or Districts, and fix and .determine the boundaries thereof;-trod it shall be lawful for the Board to alter, vary, a-ldto, or diminish the boundaries and extent of the said Wards, or any of them, and to vary the number of said Wards, in such manner as the' stAte .of the pop nation thereof, or other circumstances, shall appear to them from time to time to require; and the boundaries of the Wards siia'l run along the middle of the streets by which they are declared to he bounded, except when the contrary is specially mentioned: .'Provided always that such Wards, and boundaries thereof, and any alterations thereon, shall be intimated by advertisement, to be made in the Provincial Government Gazette and in newspapers published in Dunedin. VS. Immediately after the passing of this Ordinance and the division of the said city into Wards, as hereinbefore directed, and yearly thereafter as the Board shall direct, the Board shall* cause to be collected thu Names and llesidences of every pesou in each Ward, who may be liable to be ratedj "as hereinafter mentioned, in consideration of 'any lands, bui!oin»s, 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 circnlati\l in Dunedin, together with a notice of the time when and the place win-re the Board will attend "to hear any objections that may be made to such lists; and at the time and- place so named, the Board sbi!l attend, enquire into, hear and determine any such objections; and the decision of the i Board shall b" linn! and conclusive iv regard to any an;i every objection made apiiust evc-i-y su<-h list ■ and the said fists, when thus settled and revised, shall be tran&c:ibed in n look to be'called the Itatv-payers'! Roll, and shaii be lodged with the-books and papers ot j the Board ; av:d if at any time after the completion of J such Kate-payers' Roll any person pot being liable to b-t j placed on such Roll at the time of its completion, shall I thereafter become liable to be rated for or on account of :ury lands,buildings, and hereditaments; owned or occupied by him within r.uy such Ward,- it shall be competent for such person to apply to the Hoard-to have his name inserted in the Ratepayers' Roll fur ! the Ward in which such premise* are situated; and if j it shall be made to appear to the satisfaction of the | Beard that such person was not at the time of tin* compilii g or making the Rate-payers' Roil as aforesaid liable to be rated, but has since become so, and hus for the space of three months previous to such application been so liable, the Board shall cause the name of such applicant to be placed on the Hate- \ payers' Eoll tor the Ward or Wards in ■which he « so j qiialiijed to vofe. i 6. The Members of the Board to be elected under ! the authority of this Ordinance shall be ratepayers j upon the ratepayers' roll for any of the said Wards, I ami shall be electei by a majority of the votes of die ! TEtepajers on the ratepayers' roll for the Ward for j vliicb."they are elected.- I 7. Every wale person of full age who shall, under | t!ie provlilosi" of this Ordinance,be liable to be rated I or &ste>s< d for or on account of any rat« levied or ! jjssrsi'ed by the Board, and whos-e name snail appear \ on the ra'ov.;-.; ers' roll for a?iv of tlie said Wards, as } ertiubefore' provided, shall bu deelned a ratepayer.} for 'la, yur\.o-v of any such election for any Ward on j the roll" for which his name so appears. 1 S. ThereshallbethreeMeui^eraof the Board for each i WarJ. who?e election shall be made ia manner is ibl- I lows : The Clerk to the Board shall prepare a !«jok 1 for eiic-h Ward, aud shall direct a Cierk to attend at i some convt-uent place iri or "adja-cent. to each Ward, j np^n the first .Monday in the month of December in i every year, .-u:d the Rate-payers iv each Ward intend- j ids to v.'te in such election shall appear personally ;a j Bu^li place, and the names of the*persons voted* for I and the names of su<;h voters shall be inscribed in j the biild book by the Clerk, and subacrilxri by each | VOtc-r. | 9. At any such election.it shall be comp:.t--iit- for any candidate cr Ratepayer on the Ratepayers' Roll for tlie-Ward to object to any person tenderintr hw j vote and beiWe he has voted, only oil the tinmtul that ! such person is not a lia'epiiyer on t}*e KaU-priv-fTs' \ Roll for the Ward, or ha- voted before at the same election ; anii on such objection being taken, the (Jlerk acting at such election siiall register such vot«, but ! shail at the'same time make a memorandum of the ' Ds^ie of .suuli voter, and report such objection to the | Clerk of. the Beard in the Register Book us herein- | after directed : Frcvided nlways that no elector .«hall j Lave lucre '.ban one vote i:i the election for a Ward without prejudice to hifs voting iv any other Ward or f ■ Wardi if qualifkd as aforesaid. j 10. Every such Election-shall commence at nine j o'clock in ti;e uicrntiig of the day on which it is to j take plai;i?, and shall continue until eleven o'clock of ! the said (lit?; after wiiicri no new Candidate shal! be j voted for, and if at such . Jast-mentionqil hour - the i jjitHies of not more persons than the number to be j elected shall be inscribed for the office in each Ward j respectively, the election in such ease slmli bo <!e- j dared to hi at an end and no Votes shall thereafter be 1 received ; but if the names of more persons than the \ number to be elected shall l>e so in>crilje«l "thsn the suM ikiok shall remain opsn until four o'clock of the taid d»y, after which jjo votes shall be rect-ivud (ex j cept tiioais of such Electors as may j;a within the j Polling Place waiting to tender their Votes), and the j Election shall 1« doclaretiat an end : Provided always that it shall h* in the power of tlie persons voted for by a writing under their hands to tenuiaato the Polling at any time of the day after eleven o'clock, hey may tLink proper. 11. Not less than six nor more than twelve days j before the first Monday in the month of December in every year, the Clerk to the Board shall cause intiinatioM to be made by advertiseniijiits in newspapers published in Dunedin, and iv such other manner as the Board shall deem proper, of the days and places of election. 12. At the expiration of the period'so fixed within which such Elections 3hall take place, the Clerks appointed to attend the same shall deliver the said books to the Clerk of -the Board, who ehali make up and write in each of the said books a state of j the votrs in the Ward, and shall affix to the door of his off.cc, within two days thereafter, the names of the persons-hiving the majority of votes, who shall be hf.'hi to be elected as Members of tlie Board ; and the said hooks in which the names and votes are inserted, in manner above describe.!, shall.remain open and patent for the insp ctkm of all concerned, at the office 'of the Clerk of the-Board, for four days after "every such Election. 13. If any person shall, at any time, obstruct, hinder, or molest either any Elector ia giving his vote, or the Clerk acting at any Election, in the performance of his duty, every person so offending shall, upon conviction ueibre a Justice of. the Peace, be liable to ft penalty of one poruul for each offence; and if any person nonqualified to vote shall nevertheless vote "at auy such Election, every such person so offending 6hail, upon conviction as aforesaid, be liable to a penalty iiot exceeding two pounds for each #en.ee 14. It shall he competent tc any person who considers that he ought to have been returned as a Member of tlie Board, to complain against the Clerk's return, provided the complaint be made by. petition to the Board, wgned by the complainer, or by some person on his be-half, and lodged with the Clesk to the '■ Board, witbiufour lawful days after the Election; * and on such petition being presented, the Board shall remit to a Committee of live «< their n inter to inquire ii^o the '.merits of such disputed Election, and report thereon to a subsequent meeting of be.. Board, and the determination of the JBoa rd on. u;en report ?ball be final and conclusive; and if, and fcfche clerk's report, or uoon a scrutiny demanded, and tlie said Committee's report, tlure shall be found to be j,n equality of vote-* at any of the said Elections, tbc Board sliill determine which of the Candidates »Jiali bepreferreJ,

15. One of the three Members eleetfd for each Whw shall annually go out of .office, and the Board slmll cause the order of their retirement to be determined, by Ballot, not less than thirty days previous thereto; I and any member reti hifr as aforesaid shall, if dulyqualified, be eligible for re-election. 16. When the office of a Member of tha Board shall become by death, resignation, nonacceptance, disqualification, or in any other way, the Clerk shall, a> the first meeting of the Board'after the occurrence of such vacancy, or after the same shall have become known to him, report such vacancy, that, a day may 1m fixed for the election of a ueV member, to supply the said vacancy, and skill intimate such election by advertisement, and the election shall proceed in all -resppct* as in manner herein provided in the case of annual elections; and within two days after such election, the Clerk shall affix, on the door of his-office the came of the.person elected, and it shall be competent to any peson who considers that he ought to havo been returned as the peison elected, to complain, and for the Board to proceed in repaid to such election n manner hereinbefore directed in the case of complaints in annual elections: Provided always that such petition and complaint be lodged with* the' Clerk before the first, meeting of the Board after such election. * 17.'-General Meetings of the Bonn! shall be held in the Months of January, April, July, and October, for putting the powers committed to the Board in execution ; and all such meeting's' be called, mid the .proceedingsthereat shall be conducted in the maum-r set-forth in the said first recited Ordinance. 18. Ifthe Electors of any of the said Wards shall refuse or ne?rlcr;t to elect Members of the Board, upon any day duly appointed for such election, it shall bi* lawful for tlie Board to nominate ami appoint qualified persons to be such Members, and such m* mm is, 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, the B.mrd skull have, and either by themselves or by Committees of their number duly, authorised, shaft ex> (-lite all the powers and dutieV vested in or imposed on the Board by this Ordinance, and the said recited Ordinances,'in.so-far-ds not bore-by repealed," and shall appoint all persons ami officers whom it may be necessary to employ in the execution of-this Ordinance,'and the said other'Ordinance*,'and to remove or suspend them at pleasure, and fix and regulate f heir salaries and wages, and to estimate, assess, levy, rai.se, and apply, or cause to be csiij mated, assessed, levied, niul applied, the .sums of money hereinafter autnoriscd to be assessed, Jcvied, 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 waterintc, sweeping:, and cleansing the sirs tts, at such times n;»l in such manner as their Inspector of Cl-iuisinsr shalldirect, ami to enter into contracts for such purposts, nud for the sale or disposal of the sweepings of the streets. 21. It shall be lawful fur the -Board to make provision for lighting the streets, in such manner and to "such extent.as to the Hoard shall appear suiuil/.c; to jirovUe, erect, ami maintain s*ueh a number of lamps, mmp-pofcU, and lamp irons, and other appurtenances ad may be ncces.sary fbr that purpose ;'to light, or enter into contracts fur li-htii;^ and causing to l.c lighted, suoli lamps, by mean* of oil <>r jpis, or ancli other liiiht as they may find exjaiuient; asid to onlt-r t.hu lamp-posls. hmp -ivoui, and lamps, to be fixed either on tin* /isles of tho s-itvctH or ujmii the- curbstiuies of tb« pavement, or footpaths,'or ia or at thb walls -of buildings, upon indeaihifving the owiu-rs or (.(;,-ii( iers for any damage done, th*j amount of which, ia the event of ilifil-reriiie opinion, to be fixed and determined summarilv-bv theKesi'le-nt Magistr.te. I 22. It i-lmli be law til for tho Board to make an' 1 enact, n\u\ from time to time to alter, amend, ami re pe;il, iiiiies, Rei,m!ati<>a>s, ami Kye-lawH re!:itit:;c-t<> tb ck'-ansins:, lighting, pavine,'cause-waving i.-u-tallin^ j and it-pairing of street*; the making artl i-i-pmi'.g j of common sewer*, drain.**, privies, and urinals ; the! preventing and suppressing <..f nuivuiiees. •um,.vances | and obstructions, arid the promoting of hi-stkh "wit'iin Duuedin ; and the proper in'nnagemt-ut of-the Firu Kngiue' Establishment: Provided nhv ; ,y K that such rules, regulation.-, autl'bye-hivTa jfh.Ul not !k- iiicoiisictent with, or repugnant u>, any Act or Ordinance in force witliin the Province vf Ota£u. 23. It-shall be lawful for the Board to imp-kc ami exact such penalties, fine-s au.l furfuiture* f it the in- I frin«tiiiui;t and hix-adi of any such by.t-la-.va as .-h.tl! | seem to them fit nuil rniHoimhlc : I'ruvid -<I alwav* that no such penalty -hall exceed, for any ono (j'Jeucl', the sum of forty shillings, uu<\ in the eu-w of a ci*ntimiii.g nuisance, tiie sum of five (-hilling* for evcrv day during which surh nuisance shall not be abated.' 24. No bye law male unk-r the power* lifrciu contained shall be of force until a copy thereof, certified by the Clerk to the Hoard, ihiU h.iv.bcen inserted onto in newspapers published in Dunediu, and nhall have bix-n cotifinncl by tho Su-Snpciiiit'-ti'Joat; and if th<; Superintendent fchali iliiallow the said bye-law, or nnv part thereof, shcJi bye- [ huv, or ihe (.art therti/f «lii:ilio-A-e.-l,' sh:vii not c.iiiii' into ci>eratioii, and any. such bye-laws ho -confirmed :ihaH be published in the Provincial Government G.'t zctte, and Kii.iii have full furw and effect. 25. It shrill W the duty of the Iniwector of Li?htine and Ck-unaing t«> ntUmd to the uue fnlliJiueut ol all ciiitracts made by the SourU as to Lighting and Ch:ansinj>; to ciukc to be removcl from the .stit-'i--ts all durifr, soil, divt, niltes and fijtli; w-'tieo that ail Lnuijta be Jighttd ami kept lijthletl for tin; duo lime, uiiii kept in all resjwcUs in proper or-ler ; to receive and fisvthwith communicate to.the BouM and otln-r Aiitlio.iti.-.H jiny complaints or reinon.HtnuiccH roLitin: to Nuisances .uid the Cleansing and Lightini,'of tho streets, with thu reauit of bis own cnvuiirits on the subject; u> eiH'or.'e all the Hegulations and Provifions for tlic |>iTvei;tion of fTtii.-anoes, an<l tlie promotion of the health and'comfort of the Inhabitants; and srenensily to obey all the Orders, In>tructi«ms, an<! Keifulatiuiis which may from tiuis to time be iiia-.le relative to tho execution of his duties, 20. If upon the certificate- of any Medical Ollicer of the (iovernmeut or any t'vo Mi.ilie.il Practitioners, it appears to tho Board thaU auy ■Ilmise, or Building, or part thereof, is in nuch 'a ■ filthy or urnvholcs-otne condition that the he.'tith or any person is affected or eudang.vrt.-d thereby, or that the whitewashing, cleansing, or purifyihg ol' r»r:y house or part thereof would tend to prevent or cliei;!; infectious or contegioun disease, the Uonnl shall give notice in writing. to. the owner or occupier of moh house or part titercof to whitewash, cleaiiKe, or purify Ihe .same as the case may require ; and if tho person to_ whom notice h so given fait to comply therewith, within such time us shall be specified in the said notice, he shall be liable to a penalty not exceeding Ten shillings for every day during which h« continues' to make default; and the Uoanl may if Uiey hlip.H think fit eauKc such housu, building, or part 'thereof to Ik* ■whitewashed, cleansed, or purified, and the expenseH incurred by them in so doing shall be'repaid, by tbo owner or occupier in dtfuuit, mid be recoverable from either of them in a summary way. 27. No-.nosit'ms or offenuive business, trade, of manufacture shall be established in any building-or place within the City of Duuedin, after the parsing of thi« Ordinance, without-the consent of the Hoard, who may either refuse such consent or grant the same iq.uii such conditions for the observance of hucu Kegulatioiis asthey mny deem proper, in onler to pa--vent or diminish the noxious clients of any such business ; and whosoever offends against this enactment shall be liable for each offence'to a peiialty of Five Pounds, and- a further penalty of Tea Shillings for each day during which this offence ia continued. 28. The Superintendent shall cause to be prepared by the Provincial Civil -Engineer, upon a scale to be prescribed by tho Superintendent, a Map orMap.i exhibiting a system of Sewerage for. cfl'eatually draining the City of Uunediu ; and a copy of such Map ahull be furnished to the Board and kept at the office of tlie. Clerk of the Board, and shall at all reasonable timea be open to the inspection of the Katepayera oi Duucdin.----29. All Sewers, whether existing at tho passing of this Ordinance or made at any time thereafter, together with all 13uiliiings, Works, Materials rind things belonging or appertaining thereto, shall be' entirely under the iaanag-ment and control of the Board. 30. The Board from time to time shall cause to be made such Sewers as may be necessary for effectually draining tho City of Dunedin for the purposes of this Ordinance, and may carry any such Sewer through, across, or under auy street., or place laid out as or ' intended for a street, or under any cellar or.'vauit wiiich may be under the pavement or carriage way of any street, and after reasonable notice in writing in that behalt into, throqgh or under any land whats) ever should such bu necessary : Provideil always that all such Sewera to be hereafter made shall be made in accordance with the system of drainage to be exhibited by the Map or Maps, hereinbefore mentioned, uuless any deviation therefrom shall be sanctioned by the Superintendent, and until such Map or Mapa are prepared, shall be made with the approbation and consent of the Superintendent. 31. The Board may from time to time repair, enlarge, lessen, alter, arch over, or otherwise improye all or any oc the Sewers under their management aiid control, and discontinue, close up, or destroy such of them as they may deem to have become. unncces-. ary: Provided always that the discontinuance of sany Sewer shall be done with the approbation and consent of the Superintendent and so ,aa not to creat

#Wfcftupei,-i>n(t jf.. hy reason thereof tiny jpcwo . is I tpiivtd of the Jawful"ust> of any Sewer, the Board • jlall provide some cither Sewer as effectual for his use v the one of which he is so deprived. 32. The Board sliall cause the Snvers under their management and control to be constructed, covered, nnd kvjpt so us not to be a nuisance or injurious to health, and to be properly, cleared, cleansed nnd emptied, and for the purpose of cleansing nn ". emptyiuf? tho same, they may construct and place either uhove or under-ground such reservoirs, sluices, engines, or other works as may be necessary, and may cause nil or any of the said' Sewers to communicate with and be emptied into such places as may lie lit I aud, necessary, and may cause Sewage and refuse therefrom to be collected'for sale or nuy purpose-what-■voever, but so as not to create a jVuUance. • 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 ovor any such last mentioned Sewer, nor to cause any Vault. Arch, or Cellar, to be built or eon:structed under the pavement, footway, or carriage way of any street, without the written consent of the Board first had aud obtained: And 'whoever offends against this enactment shall forfeit to the Board the sum of . Twenty pounds, and a further penalty of One p-mnd for every day during which the often c b continued;after notice in writing'from the Clerk to the Hoard in this behalf; nnd if any sewer, drain,' building, vault, arch, or cellar shall be made or constructed contrary to this enactment, the Board may causo the n:nun to be alterc.l, pulled down, or othenvise dealt with iw they may think tit, and the expenses incurred by them in sy dyiiw shall be repaid to them by the offender or recovered from him. 31. Any owner or occupier of premises adjoining or near to S.tifc beyond the limits of the City of Danedin. may cause any Sower or Dniin of or from such promises to -communicate with nny Sewer of the Boar-1, upon such tonuH nnd couditio'll3 aa -shall be av^rfx'fl upon between such owner or occupier, and ihe j Riard, or in i-«.se of dispute, as shall be settled by the I Superintendent, whose award shall bo final and conclusive. 35. It shall not be lawful newly to erect or to rebuild any ,'iouvj or to 0.-enpy any house so newly ereetul or rebuilt, unl-ss aul until a covered'drain or drain-; be cotistrucfetl of such sizo and materials and at such level and with such fall a* to th«" Board vhall appear to Iw ijfce*»"ary an-l suilicient for the i propt-r and t-ffeetunl drainage of such house and iv .-■ppurU'nancts'; aud the orstiti or drains so to be constructed shall lead to and communicate with a Sewrr I of the Board, or such otlu-r means of drainage i& the Board shall (.'iiffCt if the samo exist withiti one hundrul foet of the site of such house ; mid if no .such Sewer or means of drainage be within that distance, then the si!id drain or drains shall communicate with i and be emptied inU) such covered ccsapoor-or other place not. bciiii,' under'any bouse, nnd beinir at hiich j dUtaiiiv from any house, ns the Board slmll dhvet, } uiiil whosoever t-rects or rebuilds any hou^-, or «>ccu- j pies ;my hni ;e contrary to thbj enact ent, shall \n\ liabli; for evf-ry such oll'enc to n pjtialty not tx; ccdn;?T,u i'ounds. " j 3'». It*at any time it npp^ara to the Bortril tint n-\y j hotiM!, whethrr built before or aiTU-r thi- jvussin^ oi tbU Ordiuitiuv, w without any drain or drain* s^Tilli- j cii-nt for tin: propernnltilVtua!draii smc. of t"ri«sr.n» j nnd its apiiurtcfiauco-, aud if a sewer of the ikur I or \ j otluT ineaus of dniiu.'igi; by within one hundred f.-i-i | j ->f any part of^tch Jiou^e, thfy shull cnua-.! no! ice iv j writing to Iw given to tfi«* owueia or uccu;ni.-»; of such liyus:-, requiring him firthwith. or withi.i Kuch reasonable time as shall i>e sp**cilk'-l tlu-vtun, 1 t.j construcc aud lay down iv connection wild sucli f hiiUKe, and ui;e of those means of draiunu?, one or j in 'ie i-ovi-ri-fl drain or drains, of Mich »>)at-"ri:il mid ! si;w, ra «tv,-h k'icl, and with such fall as shall npinur | to tse iicfvs iry ; nn i if aueh n-.tsrc s'util not bo c.-u----j!i.->i >vitb, tin! owner *l»uil bw MMa to a p :a,tltv tfi ! excelling 'IVn pounds, and the Bu;ird i:^»v, if" ;),,_■.■ \ .'hai! think tit, rausv the w...-k t>» \«i <I ,i;-','aiil \U; I -xpenso tiituby incurre.l by them .sh:tii bY ruwverI side fivia lh»j owner. I 37. It-shall not i«s lawful nculy.-to crtx't or t) if- J j build any hoiia- witbuut a KuiVudeM vv.aer 01.-i-f ~.- ; j priw. and whoever -ufeiida atyiiust Ua-; enu -Xnu-nt \ shalH>o liable v> apynaUy notexce d\n<j; IV-h p^iu.w ; ) ami if at any tiuu; it ap|..'.-irv tv th,' s'»x-\vl t'u •' any ' Ikh:.-<', whether built before »r afU'r the pas.-.sng of j tliH Onii'i ;»no!.l, has not a suftiaicnt w:>.O;t clfi -1 u r j privy either within' the lwu.>e or in the back var i i thereof, tla- Hoard shall u'ive nnticu in writing to tin | owner or occupier of itich !ioi»c, requiring him within ! such P-'asonablo time at »lmll \m mwcintil therein, to S pnivi.li; a.-iufli.-ifciit wafer cW-t or privy ; ami if ha U j j notice i« not complied with, (he owner itlj.U! be liable ! \ ti* a penulty not uxceeliu- Ten pounds; mil the! Board may, it they himll think tit, cause to C(i,i- ■ struuU-d a htitiiciont water closet or privy, or mv;:> ! other works a* the emm may. require; ftn'd the ex-[ p>!ti>eH iuciinvii by them in to doing, shall he recover- j nble by them from the owner : TruviiioJ always, that wliou a. w«tt<;r-ck»sti't or privy ha* ht-.-n and b ItvU in j common by tit" iiiuafc/t uf two or more botjin'.s. vr if, { iti tiie opinion- «>f the Uoar.l, a watcr-cl'j.tet ur privy | Ui.iv I.kj so uie<i, they m-eii not require the «ame v> li pruvi I'd for WvcU h jum», aS. Tiie level of the street* riiall be fix&l by the Hoard, and fourteen days at iho Iwlhi l^efurv U-^inniiiif to '!it» or 11>- out t!u foundation for any new hoiif*, or t • rebuild any !i<hik •, ttie j^r-nn intending so to ixiiM or rebuild sh;Ul jrtve to the Uo^nl written ntn'nv; thereof, tnretlier with the lfrcl or intended level of th« cciUrx or lowest tioor, and the situation ami co:istr«vti.»a of j the privic-s and CfS. e.j.f}»ls<, to 1« construct*,l'-! ur uv.ti in ! connection with .sucii houA1. And ituhall not iw iaw- t fit! to Ugiu hiit-h'works until the parttouhr* .■-» re ! quired t'i \y; slntv*! h:tvc l«cn approved hy the H".r,i'; I and in default of such notice, or if any "such hou-Ht- \ privy, or cesspool be built or rebuilt without uncU ! approval, or iv any n-<[*ct coutniry to the provi>i,)ns ! oi this Urdinancy, tiie otlunder Mlial! 1^; Siabie in a | pi-tiftlty not c\c««.iii^ fifty \-,iuii\i-.; 'aiul the jiuanl j may, ii* tiifj, think fit, cuu*:- hiich hou.v, lii'jvy, or I cesspool U> be ait«rci;, pulled down, u"r oth«--nvLs«"i..!alt ■ with as tin; ca.se may require, an-1 the cspeus* . inj I'tirred in mi rloin,,' t\n;l\ be recoverable froiti the offefi.ler: Provided itlway,, that if tho lizard Ull to | sijrniry their approval or disapproval of the tiixi par- i ticiilaix f'H- tlse spaco of fouriven days att-r rcceiviiip ( sin:h' notice, it fiiudl tvi lawful to rroctc.l accordj up; to 1 .vjch ij'<ti."c, if the .s;t!;u> be otherwise -iv ac-upinncv ! with tli.: provisions of this Ordinance, or any other Act or Ordinance in force at tho time. 3i). It shall be lawful for tho I?oard, and they nre hereby auliiiiri.v."! rind require-.], to provide and have ! ata-!l tiimsiaNUtTiintrnt ev^»Wi>hmentof fire cir^iwn, pijKs. aiid_appurU%nunce.i*,'to bo usc»i- for extinguishing fires within the limits of Dunedin, and beyond the same as hereinafter provided. •10, The iSoard .shrill appoint an Inspector of Fire Kn^.m» ; u'lio shall have the oharqo of the im-\ cngine^, pij>f», and other appurtenances ; and Jiall al»o* appoint such nutuber of tiremeu as the 15<>ard nhHll think htauil expedient for working'the m»aa in a proper manner, and for assisting in <xtin'iuis..iiiir lints, :u,d shall make snc-h rules and regulations for iho ;;aid insj«ctor nod firemen aa to the Bo.trd shall sr;cm proper. 41. The «xp"iisc of providing, keeping, nnd maintaining the said engines.-pipes, and appurtenanccH, and paying the «iid luNt'HKstprnnd tireiueu iv su ur as not otherwise contributed, shall bo defrayed fnjin the rate* for miscellaneous excuses hereinafter autliorised to be ma<le anil levied. • 42. ft shall I/O lawful for the Board upon application miMl« to them, or to the Mtid Inspector or other person in charge of such fire engines, to permit the firemen and the engines, pii>es, and anpurtcnaju.'CH, and generally all or any part of t!ic. fire esUiblisbuiMit, to Iw sent beyond the limits of Dnnedin. for the purpose of extinguishing fire: Provided always, that tiie owners and oecupifrs of the property to 'which the the Grcmen and engines arc sent, ahull be bound to defray the whole expense that may be thcre'iy incurred, and aho such further sum not exceeding ten pounds per eonlum upon the gross amount of such expense, as «nay be deemed rcunouablc for the tear and wear of tho t*npini'S and appurtenances, and the ordinary expenses ■>f supportiiiK the establishment, tho amount of which expenso shall be ascertained by accounts thereof signed by the said iutspector of tire engines, and apj proved by the Board or their Committee in that department, and doqucted by the Clmirman or Clerk ; the said owners or occupiers, and all other pertons interested, behig 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 Mune, and tho iJourd shall have power to modify said charges when they see cause. 43. The Board may with the approval and consent of the Superintendent, provide the City of Dunedin with such a supply ot pure and wholesome water, as may be proper and sufficient for the pm-ponea of this Ordinance, and for private use, and for that object the iioard muy with such approval and consent, enter into contracts for the construction, luying down, and maiutiiiug of such works, matters and things, aa shall be necessary and proper. 44. The Board may, if they thiuk fit, supply water from any such water-works constructed by them under this Ordinance, to any public baths or wash housea. cr for trading and manufacturing purposes, upon such terms ami 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 tho inhabitants, to be oatinued &ad for that purpose may, if the; shall

thinkflf, couatruct any > .inber of cisterns, pumpa, 1 we% commits, and works. : .»» 46. Wbog ever shall wilfully destroy or injure any cistern, well, pump, reservoir, conduit, aqueduct, or other wafer worts belonging to, or under the management or control of, the Beard, or shall unlawfully divert or take water from any such works, or do or Milter to be done any act i r thing whereby any water contained in any buch ci*teru, well, reservoir, conduit, aqueduct, or ofher water-works, filiall be fouled or rendered unwholesome, shall for every such offence forfeit a sum not exceeding Five pounds, and a further sum of Ten shillings for each day whikt the J offence b continued. 47. The Board, with the approval of the Superintendent, may provide, mniut tin, Jay out, plant and improve the Town Belt ar.d 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. 48. It shall be lawful for the Board to license from thrift to time such number of carts to ply ivithin the city of Dunedin, aid to makemich rules and regulations with reference to the licensing of carters, the places where they shall fttiuul, th- rates they shailireceive, the distance they shall he compelled to go, and hucli other matters as may te-td to the public convenience in regard to tin in as the Board may see fit; and any . carter plying without a lift n«e, or otherwise, offending ngiiin.st any such ride or re-nila'iau, nhall on conviction pay a penalty not excelling five pounds: Provided ahv.iy-, that, no mch rule or regulation shall have force or effwt, unless a;id until the Paine shall beniiowd by the .Superintendent, and published in. (he Provincial Government Gazette. 49. All the suml * of money, including officer^ salaries and all other expenses required for the purposes of the " Duiindin Road* and Streets Ordinance, 1 •%>"»" and this (h-dinanee, shall be defrayed out of j the Assessment authored to be made and levied by I the twelfth c!nn«e orsec'ionof the said fir*t mentioned j Ordinance;, but at nuy meeting of the Board convciieued for the purpose of making or coufideiing such assessment, the Hoard shall climate nnil fix such sums of money so rtquiml and necessary to be levied under the several h -ads of Liirhtiiig, Cleam-iug, and Mi^wllaiicous Kxpeuses; and th;; assessment so authorised to be made and levied shall be made and levied ratt-ably tor there several purposes, aud blmil not in the aggregate exceed, in any one year, the sum sjacifiwl in tin- aforesaid section of the «aid first mentioned Ordinance. [ GO. It shall be lawful for the Board, at any meeting for niitkiugorcotfcideriu^Hufii a**essiiriei:tt'>e"xempj, to"r a time, or from time to tim--, any street-., lauds, and houses, from all or any oft!*: ix-'iilttiaiw in rear.l tv lighting an I elearuimr respectively, u»tablWie.l or herf;:ift«r to be est.ib!i.->htr»l :>y or in'purfcuniiec of the |" Duuodin lloidsnnd .Slrfirts Ordiurmw, 1b55" and [this Orlinsinco; unl :.»»y such slree;-,lands, anil | houses, if so cxiiajiicl t'n»i;» ull biieh rc-guihtions, shall, ;d:irin;f the o.niinnaiK-'j «»f .-;!jch exemption, h* free from jtaymfi;t of any pjrt ..f th-.- a/s'-^mtut authorial '■■ Vt h- li-vjrj-i f.jr li-juiihttioi! of tin- e.xj..'-iifee of li^'itin^ ' and f.V-.i :^-i«g ; but in tii» event of nnv Midi h'n;An, lands ai;l Ikhi.-uv; b-.-ii^ ou!j piuully es-;injiro.l jV.,n such r.\xui:it:,>ni. tlion :-,u.-h -.tre-U, huh.. and h'ju.<en wi partially cX'-iaot.-l, HJis.ll !«,• H;ibK« iu'pavmwnt <-f .Midi |:_nrt or such a».s -.^isu'ia na wUli hr- \\ % ,,] : ,,,,| j t determined by tiie Bmnl iv a f;ur and tquitalk- I ; mrtnacr. i 61. In onL-r to dt-fr.-v,- tin- exposes attymiin:; the r mrtkiriL', enlarging, uIUiU-ifi. covert: ?„ or ejteW.t.i^ ■ any hr-*vf of tiii ij.xirtf, o,- 5 U or ai*»ut any other \ works, master*, Rts-i ihii»^4 of a ]h;uh:;imii ! niture, nw\ tx<:CK\'A or d -ise for the I yifcfit iof any district or {.art of any 'iiitrict, whether ior.ajmg one or Mcvtrtl w-irls, >r jwrt.-t of on-; or of] [.'^v.-ifti w.udi. tin- U,,anl i-lull, over aa 1 ab<»ve thtI a-;-.-«iiirnts for thw other parp^e« ho:cinL.iore 1 iJi.-jitiyriH,!, ml in iU* : *«•.<:-. m.-;n«tr iv f,,r , the uihi Lt.si iui;i>tio!i> i M.H-is.iK'iit, m-ike and 1 !<-vy, in r--sj,»r.;t of tl,. pf.-tiiir-.-s hiturite i:» ! j Mich d:arirt jor tin; l«;n.';i; o! wliiJi t)ie fX!««i».pj are incurred ur to Sx> iuei'-vi, a taU: or rat^.'t j lyj calic! .<i^.:i;;i Uistrifi I>,-,i..«, o f *nrli a u<*mt ai %v ifl j«w hii'.sieifi't t'i«liSf'>Hr^.- 'if tioount of «uc!i i-xpi-a*.:'*, | and jmv<t«-*.; tJit'r-.o'i wit;:- • mii'li ]i.tio !, n-H ixccedj ing nix yt-, -s, as the iio-ini m;,ill dcttriiiin.:. ] j 52. If i slin'l njiptar r» a tmy'nnfy ol* not ]ct* than \ I f the rate p ty t ■;, oivners, or ojcuplers t<{ j ] f»r-it:i«"» >,r <nndi iv any ht,-, f or pu-t ~f a «tfwt, or | S Ther.if .•: I .^.i and ik-ii..,d jj;rt of Uunrtlin, at a j j MubHc us'rtitijj t« de cat!(ij »» notiw. n* hr''finafirr !pruvU«(t, that t!if <'X«-cu:i<iu of |iar:i-.-u! ir works, | j m:vUcT«, or tilings whl-i i!ift Board biv* on {r.i.l j j.-iti-l MJii!dt-iu trniuij'iH Ji-fiiotiJ t» i-.Ti,-euti-, xvt-uid i jrontrshuU' to the hiaith a-«! c-ouveaieaoe of the in 1 j h,i!>itrii.uof.-iuph p'.rt .f'riti-<iin. the Bnrd on re- j | Hfhv' K-curity t>» their s?:ifcf.ic;ion f>r payment of j j tic {-X[^>n*c thon-uf, shall j.rivure a j»*;m ant i-hiimate 1 j <>f th.- c;,,t of i-xwiuiurMii-ii works, an 1 «?iall tav the j j »ams b^fui'c- anotiur pu-lie mt-«!in^ of such*rate ! pavtr«, to bs> cal t»i on nottfi* h.< i« ht-remafier pro | j viiled ; asid if th> Br.rne *»h:%!l Vj« approved and sane- j s !ion«-1 iiv a niajoiity of s,uc!i rate paj*r» av^mblsd at i jwh h^t larniioii.d mritiiiir, the Bar!, on roivivina MvurUy fr Uje «xjk-iis.'. Uit rtmf, or in cm* the Board hgrnc U» bt-iu- any put *«f t!.e exp-nv, *tcurity for the n nisi nder, *>ha!l cau*;* the wnrk in question to l>e ••xpfufi-d; and in th<: evn< of tut-re not Iw'nrj: vi/lunj uir>' coiitrihutto.-iH of atkquiite atuouni for the purpi»*r-, tJie lii<ard shali pay the co>t, or fbe r^tfi pavers' pro{»ortioa of tfi.- <-«».it, a% tilt? can1 nviy be, out 'of a special r;*te to N; made «nd levied in'respect of the I prcuii^s situated in the -iai I pin of liunediti, in | >>ueh manner a* the Bonrd *.!iall ♦lirert, | til. If any person Khali think hiuj-*_-!f aggrieved fc v j the docL«ion of the Board, in any ca*»« in which the j i 1k..,?d «i*e «*iap<»wort!u to cuum: any Work, iDatt^r, or I j thing V, U txecute.,l and done, and'inrtapeci of wLl'.'h j | hucli }hjr»x»n may be made chargctblo to any sjifcia! | i-iV; in u-riss of this Oniinaiice. or by any decision oi I Hie Board ujxm the value Ht v.ljicb hi«'proj«.rtv ia ! ii.s'.-.^M-.l for nv.y s-peei.-il or ether raw .'UitVirizuf Jty I tliia Ordinance to Ijc lc"Vj«l. it shall be lawful tor him iut any tictH; within one c*i!ei»dar month after public | notice shad have Wen by the B jard of any .-,ueh hltrciwiou, to upp?:il to th« Jiu-tict-s of the Peace, and ; any tlsr..-« or mun hucli Ju^xicva, not iK-iug mculivrs lof the Hoard, Khali have jjowxt to hear au I determine j tiiu faun;, an t to award relict in the j.ix-iuLm-s, a* iho |jtiHtic'- of the casf; may tv«tuire. and the d«ci&ioii of i such Ju.->!ic(-3 siiaii Ih; final and conclusive as rc^aribi the matt« rof such npj^il : Provided that the person (so »])j)«tliiig shall give notice in writing to t!ie lionrd |of i-m-U hit intuntioti of appealing, foun.«;en days i lnifore the hc>l<|in^ of the Court, at which such ajiix/al i may be heard and determined. | 51. In order to raise the money which may bo I necessary f>>r th<" purp>s.\i nf this Ordinance before \ the aHs&Minents hereby authorized are levied, it shall j Ix; lawful for the tto:trd, or & majority of I memkra thereof ft.ssemb'.«d at a mceiing" spej cially called for the purpose, and at which not [ .'ess than two thirds of their uuaiber shall |be present. to authorize thuir Treaisurer to j borrow any sum or sums of money, nut exceeding in | the whole the kuiu of Ui;|>.c thou-saud pounds, fur the [funeral purp ■:>*& of this OrJinansw, with power to the IHoml by a ijuorum of th ineml/ers, to grant bills or bonds, or obuin rash cre.iiu for the same ; and for fur'her security to tiie pcrtoa or persons from whom I sucli money may be borrowed, to fw-sijai to fcueh peri son or person* the ntscssments hereby authorised to be nuwle and levied, until the sum or sums so to be Ixnrowed, with interest thereon, shall l)e 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 tie Board or for any other work*, matters, and thin^ of a permanent inture, and to be executed and done for the benefit of any district as afore^iid, it sljnll l>c lawful for the Board or t!;e majority of the members thereof assemble,] at a mectinir exprewly willed for the purpose, and at which not less tha i two-third* of their number .shall be present, to authorise their Treasurer to borrow any sum or .sums of tiiouey not exoe^lins in the whole, the sum of five thousand poundf., wim jiower tothc Board by a quorum of tho members thereof, to grant bills or boii'??, or obtain cash credit* for the aimc, and for further security to the peinou or persons troin whom such money may be Iwrro*>■ 1, to aasigu to such person or perbOns »ho asse.Hß.mnts hereby authorised to be mode and levied, unt'l the sum or sums so to be borrowed with interest tucieon, shall be repaid and dl«;harged. 56. No member of the Doard or Treasurer shall be held or adjudged, to havt .uaAe himself persona'ly li- ! able for t'le repayment of un/ money borrowed, or interest thereof, by reason of hiving signed any securities as aforesaid. 57. J.! no case shall any forfeiture, penalty, or fine imposed iv pursuance of TIJ3 Ordinance, or of any bye law to be made aiireenHe to the provisions of this Ordina co in that lx.-iialf, «xeeud for any one offence, the sun of one hundred pnifids. All such forfeitures pensiltit , aud fines, sh-ilt be recoverable in a summary way, and shall l>e sued for and recovered by, and pai I to the clerk of the Board, aud sliall be accounted for by him to tha Treasurer of the Board, and shall form part of the xuuds for the general purposes of this Ordinance. 53. In all cases in which any notice is by this Ordinance required to "be given to the owners or occu piers of nny premises, it shall be sufficient to address the notice to them by the description of the owner or occupier (as tho case m.iy reqiure) of the premises (naming them) in respect of which th& notice ia given (hereinafter called the premises), without farther name or description, and the notice shall be served upon them or one of them, as the case may require either personally or by delivering t c came to some iamatt of Mb or their place of abodeor in the case of

oi the occupier, and also in th« case of tfce owner, if m place of &bme hetivknmu,' upon *m? inmate of tlie^ premises, or if they be unoccupied and the owners place of residence be unknown, it shall be Bufficient to fix the notice upon some conspicuous part of the premises -.Provided always in the i case of notices to the owner, that although his place of abode be known to the Board, yet if it be not witbm Dunedin, it shall be sufficient to transmit any ! notice directed to him by name through the. Post j 59. Whenever the consent, approval, or authori i of the hnpenntendent is required by the provision* of Wiiai ordinance, tberisoluUou^viugorrdusingthesame shall be paased, with the advice and coasent of the executive Council, and shall be in writing under bis baud; 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 berg, 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 liability to which he would otherwise have been subject in respect thereof. 61. In the construction of this Ordinance, the following words aud expressions shali have the meaning hereby assigned to them, unless such mcauings be repugnant to and inconsistent with the context of the tuljject matter iv 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, cr 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 *neau and include any drain of a&d used for the drainage of one building only, or premises within the same curtilage, aud made merely for the purpose of communicating therefrom with a cess-pool or other like receptiicle for drainage, or with a sewer into which the diainage ot two or more buildiugs or* premises occupied by different persous is conveyed. The word " sewer" shall mean and include sewers suid drains of every description, except drains to which the word " draiu" interpreted aa aforesaid applies. Piissed the Provincial Council this eighth day of Muy, Oue thousand eight htmdred and sixty-two. ALEX. KENNIE, Speaker. CHAS. SMITH, Clerk of Council. Dunedin, ninth May, One thousand eight hundred and sixty-two.—l hereby declare tfiat I reserve this Bill for th« signification of the Governor's pleasure thereon. J. L. C. RICHARDSON, Sui-erintendeut of tbo Province of Otajo.