DUNEDIN IMPROVEMENT ORDINANCE, 1862.

Otago Daily Times, Issue 228, 12 September 1862, Page 7

DUNEDIN IMPROVEMENT ORDINANCE, 1862.

J.n Ordinance for Promoting the Improvement of tlie City of Dunedin. J e? tS lt- .fa cx Pedient to make further and more actual provision fordraining, cleansing, lighting and paving the city of Dunedin, and for tlie sanitary im provement thereof; and in other respects to amend it , T P une,? m'lWn Bo'™i Ordinance, 1855," and he Duuediu Roads and Streets Ordinance, 1855:" , Be it therefore enacted by the Superintendent of! the Province of Otngo, with the advice and consent of the Provincial Council thereof, as follows :— 1. This Ordinance shall be termed, and may be I Ordtian c£vs!l* "*e " Dunßdin *»P«™™»t 2. This Ordinance shall come into force on and after a day to be fixed by the Superintendent, by procJamamation. in the Provincial Government Gazette which proclamation shall not be made unless and until the Governor shall intimate that he has left this Ordinance to its operation. And the Members of the I own Board of Dunedin, elected under the said first recited Ordinance, shall superintend the execution of this Ordinance until the election of their successors ii office under this Ordinance. 3. From and after jjhe date upon which this Ordinance shall come into operation in manner aforesaid, such parts of the said two recited Ordinances ns are repugnant to and inconsistent with this Ordinance shall be and the same are hereby repealed: Provided always that, except in so far as hereby repealed, the said recited Ordinances shall be effectual to all intents and purposes, as if this Ordinance had not been passed. 4. Immediately after the passing of this Ordinance, the Board shall divide the said City into Wards or Districts, and fix and determine the boundaries thereof; and it shall be lawful for the Board to alter vary, add to, or diminish the boundaries and extent of the said Wards, or any of them, and to vary the number of said "Wards, in such manner as the state ot the population thereof, or other circumstances, shall appear to them from time to time to require ; and the boundaries of the Wards shall run along the middle of the streets by which they are declared to be bounded, 'except when the contrary is specially mentioned: Provided always that such 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. 5. Immediately after the passing of this Ordinance and the division of the said city into Wards as hereinbefore directed, and yearly thereafter as the Hoard shall direct, the Board shall cause to be collected the Names and Residences of every pesoa in each Ward, who may be liable to be rated, "as hereinafter mentioned, in consideration of any lands, builclintrs, and hereditaments owned or occupied by him, and situatsJ 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 iv Dunedin, together with a notice of the time when and the place where the Board will attend to hear any objections that may be 'made to such lists; and at the time and place so named, the Board shall attend, enquire into, hear and determine any such objections; and the decision of the Board shall be final and conclusive in regard to any and every objection made against every such list; anil the said lists, when thus settled and revised, shall be i transcribed in a book to be called the Hate-payers' Roll, and shall be lodged with the books and papers of the Board ; and if at any time after the completion of puch Bate-payers' Roll any person not beingliable tob« placed on such Roll at the time of its completion, shall I thereafter become liable tp" be rated for or on account pf any lands, buildings, and 'hereditament* owned or i occupied by him within any such Ward, it shall be competent for such person to apr!v to the Board to have his name inserted in the Ratepayers' Roll for the Ward in which such prenaises are situated; and if it shall be made to appear to the satisfaction of the Board that such person was not at the time of the compiling or making the Rate-payers' Roil as aforesaid liable to be rated, but has since become so, and has for the space of three months previous to such application been so liable, the Board shall cause the name of such applicant to be placed on the Itatepayers' Roll tor the Ward or Wards iv which he is so Qualified to vpto. 6. The Members of the Board to be .elected under the authority "of this Ordinance shall be ratepayers upon the ratepayers' roil for any of the said Wards, and shall be elected by a majority of tlie votes of the ratepayers on the-ratepayers'-roll for the Ward Tor which they are elected. 7. Every male person of full age who shall, Under the provisions of this Ordinance,be liable to be rated or assessed, for or on account of any rate levied'or assessed by the Board, and whose name shall appear en the ratepajers' roll for any of the said Wards, as erelubefore provided, shall be deemed a ratepayer for the purpose of any such ejection for a.ny Ward on the roll for which Ins name so appears.. .' 8. Thereshall be three Members of the Board for each Ward,'whose election sbaji be made in manner 53 follows : The Clerk to the Board shall prepare a book for each. Ward, and shall direct a Clerk to attend at Bosap convenient place in or adjacent to each Ward, upon the first Monday in the month of December in every year, and the Rate-payers in each Ward intending to Vf-te in such election shall appear personally at such })l:ice, and the names of tlie persons voted for | and the names of such-voters shall be. inscribed *in the said book by the Clerk, and subscribed by each voter. 9. At any such election, it shall be competent for any candidate or Ratepayer 011 the Ratepayers' Roll for the Ward to object to any person tendering his vote and before he baa voted, only on the ground that I such person is not a Ratepayer on the Ratepayers' Roll for the Ward, or has voted befon: at the same election; and on such objection being taken, the Clerk acting at such election stall register such vote, but shall at the same time make a memorandum of the name of such voter, and report suoh objection to the \ Clerk of the Board in the Register Book as herein-! after directed : Provided always that no elector shall ! have more than one vote in the election for a Ward j without prejudice to his voting in any other Ward or Ward^if qualified as aforesaid. 10. Every such Election shall commence at nine o'clock ia the morning of the day on which it is to take piape, and shall continue until eleven o'clock of tiie said day ; after which no np\y Caiidjdate shall be j voted for, and if at such, last- me.nUo.aed hour the! names of not more persons than the number to be < elected shall be inscribed for the office in each Ward I respectively, the election in such case shall be ''c- ,- clared to be at an end and no Votes shall thereafter be j received; but if the names of more persons than the •; number to be elected shall be so inscribed then the said Book shall remain open until four o'clock of the gajd day, after which no votes shall be received (ex pept those of such Electors as may te within the Polling Place waiting to tender their Votes), aud the Election shajl be deol'sred at an end : Provided always tpat it shall be in the power of the persons voted for by a writing under their hands to tfrminate the Polling at any.time of the day after eleven o'clock, hey may think proper. 11. Not less t-han km nor more than twelve days before the first Monday in the, mouth of "December in every year, the Clerk to the Board shall cause intimation to be made by advertisements \n newspapers published in Dunedin, and in such other manner as the Board shall deem proper, of the days and places of election. 12. At the expiration of tlie period so fixed within which such Elections sjiall take place, the Clerks appointed to attend the saraesball deliver tjie, said books to the Clerk of the Board, who shall make up CPd v/rite in each'-of the said books a state of tlie votes in the Ward, and shall affix to door of his office, within two days thereafter, the names of the persons having the majority of vptc-s, who shall be held to be elected as Members of the Board ; and tlie B&id 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 oilice ef the Clerk of the Board, for four days after every such Election. 13. If any person shall, at any time, obstruct, hinder, or molest either any Elector in giving bis vote, or the Clerk acting ntany Election, in the performance of his duty, every person so offending shall, upon conviction before a Justice of the Peace, be liable to a penalty of one ponnd for each offence; and if any person not qualified to vote shall nevertheless vote at any such Election, every such person so offending shall, upon conviction as aforesaid, be liable to a penalty not exceeding two pounds for each ofience 14. It shall be competent to any person who considers that he ought to have been returned as a Member of the Board, to complain against the Clerk's return, provided the complaint be made by petition to the Board, signed by the complainer, or by some person ou lus behalf, and lodged with the Clerk to the - Jtoard, within four lawful days after the Election; £hd on such petition being presented, the Board shall remit to a Committee of five of their number to iiiquire into the merits of such disputed Election, arid report thereon to. a subsequent meeting ot fue Board, and the determination of the Board on upon report'shall be final and conclusive; and if, and the" clerk's report, or uoon a scrutiny demanded, and the said Committee's report, there shall tie found to be in equality of votes at auv of the said Elections, the Beard siiiall determine which of the Candidates shall le preferred.

" 15. One of the three Members elected for each Wara stall arimially go ouffof office, and the Board shall cause the order of their retirement to be determined by Ballot, not Jess than thirty days previous thereto; and any member retiring as aforesaid shall, if duly qualified^ be eligible for re-election. 16i When the office of a Member of tha Board shall become vacant, by death, resignation, nonacceptance, disqualification, or in any other way, the Clerk shall, at the first meeting of the Board after the occurrence of such vacancy, or after the bume shall have be'-ome known to him, report such vacancy, that "a-day may be fixed for- the election ol a new member, to supply the said vacancy, and shall intimate such election by advertisement, and the election shall proceed in all respects as in manner herein provided in the case of annual elections; and within two days after such election, the Clerk shall affix en the door of his office the name of the person elected, and it shall be competent to any person 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 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 Board shall bo held in the Months of January, April, July, and October, for putting the powers commit ted to the Board in execution.; and all such meetings shall be called, and the proceedings thereat shall be conducted in the manner set forth in the said first recited Ordinance. 18. If the Electors of any of the said Wards shall refuse or neglect to elect Members of the Board, upon any day duly appoiuted for such election, it shall be lawful for the Board to nominate and appoint quail-* lied persons to be such Members, and such member*, when so nominated aud 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 iv such Wards. 19. Save and except as herein otherwise provided, the Board shall hare, and either by themselves or by Committees of their number duly authorised, shall execute all the powers and duties vested in or imposed on the Board by this Ordinance, and the said recited Ordinances, in so far as not hereby repealed, and shall appoint all persons and officers whom it may be necessary to employ in the execution of this Ordinance, and the said other Ordinances, and to remove or suspend them at pleasure, and fix and regulate their salaries and wages, and to estimate, assess, levy, raise, and apply, or cause to be estimated, assessed, levied, and applied, the sums ot money hereinafter autnorised to bo assessed, levied, niised", and applied. 20. The Board shall, and they are hereby authorised and required to provide all necessary implement*, and take all necessary measures for watering, sweeping, and cleansing the streets, at such times and in such manner as their Inspector of Cleansing shall direct, nud 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 provision for lighting the streets, in suub. manner ana to such extent as to the Board shall appear suitable; to provide, erect, and maintain such'a number of lamps, lamp-posts, and lamp irons, and other appurtenances a.s muy be necessary for that . purpose ; to light, or enter into contracts for lighting anil causing' to be | lighted, such lamps, by means of oil or gas, or such oilier light as they may find expedient; and to order the lamp-posts, hmp-iroiu, and lamps, to bo fixed either on the sMes of the streets or upon the curbstones of the pavement, or footpaths, or in or at the I walls of buildings, upon indemnifying the owners 'or occupies -for any damage done, thy amount j of which, in the * event "of * diilWeueo opinion, to be fixed and determined summarily by the Resident MpgUtrats. 22. It shall be lawful for the Board to make an'-* enact, and from time to time to alter, amend, and re penl, itules, Regulations, and Bye-laws relating to th cleansing, lighting, paving, causewaying, metalling and repairing of streets; the makingami n pairing of common sewers, drains, .privies,- ami urinals; the preventing and suppressing of nuisances, annoyances, and obstructions, and the promoting of health within Dunedin: and the proper management of the Fire Engine Establishment; Provided" always that such rules, regulations, aud bye-law« shall not be iiicoaf istent with, or repugnant to, any Act or Ordinance jn foree within the province"of Otago. 23. It shall be lawful for the Board to imp se and exact such penalties, fines, and forfeitures for the infringement and breach of any such tye-hwa as shall seem to them fit and reasonable; Provided always that no such penalty (shall exceed,1 for any one offence, the sum of forty shillings, and iv the ease of a con-; tinuing nuisance, the sum of five shilling for every \ day during which such nuisance shall not be abated, j 21. No bye-law male under the powers herein con-1 tamed shall be of force until a copy thereof, certified by the Clerk to . the* : Board,, shall' have beep jnsprten once jn newspapers published in 'Dunediu ? and Khali have been continued by" the JsuSuperinteitdent; and if the Sujjerintendent »Iia!I disallow the bajd bye-law, or any part thereof, such byelaw, or the part thereof disallowed, shall not come into operation, and any such bye-laws bo confirmed shall be published in the Provincial (iovcratueut Gazette, ana shall have full force and effect. 25. It shall l*e the duty of the Inspector of Light--1 ing and Cleansing to atteud to the due fultUment of all contracts made by the .Board aa to Lighting and Cleansing; to caut* 10 be removed from the streets all dung, soil, dirt, ashes and filth ; to see that all Lamps be lighted and kept lighted for the due time, and kept in all respects in proper order ; to receive and forthwith communicate to the Board and oilier j Authorities any complaints or remonstrances relating to Nuitsaucedaud the Cleansing and Lighting of the streets, with the result of hw own enquiries on the subject; to enforce all the Regulations and Provisions for the preveutiou of Nuisances, and the promotion of the health and comfort of the Inhabitants ; and generally to. obey all the Orders, Instructions, i and Regulations which may from time to time be j m;v;e relative to the execution of his duties. 20. If upon the certificate of any Medical Officer of the Government or any two Medical Practitioners, it appears to the Board that any House, or Building, or part thereof, is in such a filthy or unwholesome condition that the health ot any person is affected or endangered thereby, or that the whitewashing, cleansing, or purifying" of any j houseor part thereof would, tend to prevent or check I infectious* or contagious dTsea.se, the Board shall give ;; notice in writing to the owner or occupier of such | house or part thereof to whitewash, cleanse, or purify j the same as the case mny require ; and if the person Ito whom notice is so given fail to comply therewith, within such time ns shall be specified in the said notice, he shall be liable to a penalty not exceeding Ten shillings for every day during which he continues to make default; and the Board may if they shall think fit cause such house, building, or part thereof to be whitewashed, cleansed, or purified, and the expenses incurred by them in bo doing shall be repaid by the owner or occupier in default, and bo recoverable from either of thpm in a summary way. 27. No noxious or offensive business. trade, or manufacture Khali be 'established in any building or place within, the City of Dunedin, after the passing of t(iis Ordinance, without the consent of the Board, who may ejtber rafuso such consent or grwni, the snuie upon such conditions for the obaervance of such Regulations ad they may deem proper, in order to prevent or diminish the noxious effects of any such business ; and whosoever offends against this enactment shall be liable for each offence to a penalty of Five Pounds, and a further penalty of Ten Shillings for each day during which this offence is continued. 28. The Superintendent shall cause to he prepared by the Provincial Civil Engineer', upon a ncale to be prescribed by the Superintendent, a Map or Maps exhibiting a system of sewerage for effeotuallv draining the City of Duuedln ; and a copy of such Map shall be furnished to the Board and kept at tho oljke of tho Clerk of the Board, and shall afe all reasonable times be open to the inspection of the Ratepayers or Dunedin, 29. All Sewers, whether existing at the passing of this Ordinance or made at any time thereafter, together with all Buildings, Works, Materials and things belonging or appertaining thereto, shull bo entirely under the management aad control of the Board. 30. The Board from time to time Khali causo to be made such Sewers as may be necessary for effectually draining the City of Dunedin for the purposes of this Ordinance, and may carry, any such Sewer through, across, or under any street or place laid out as or intended for a street, or under any cellar or vault wtiicli nuiy be under the pavement or carriage way of any street, and after reasonable notice in writing in that behalf into, through or under any land whosoever should such, be necessary : Provided always that all such Sewers to be hereafter made shall be made in accordance with the system of drainage to be exhibited by the Map or Maps hereinbefore mentioned, unless "any deviation therefrom shall be sanctioned by the Superintendent, and until such Map or Map's are prepared, shall be made witu the approbation and consent of the Superintendent. 31. The Board may from time to time repair, enlarge, lessen, alter, arch over, or otherwise improve all or any ot the Sewers under their management and control, and discontinue, close up, or destroy such of them'as they may deem to haye become unneccsary: Provided nlways that the discontinuance of sany Sewer shall be done with the approbation and consent of the Superintendent and so aanottocreat

Nuisnnce; and if by reason thereof any person is epnved ot" the lawful use of any' Sewer, the Board dall provide some other Sewer as effectual for his use h tlie one of which ho i* so deprived. . 32. The Board shall cause the Sewers under their management ami control to be constructed, covered, and kept so as not to be a nuisance or injurious to health, and to be properly cleared, cleansed and emptied, and for tlie purpose of cleansing and emptying the same, they may construct and place either above or under-ground such reservoirs, sluices, engines, or other works as may be necessary, and may cause all or any of the soid Sewers to communicate with 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. 33. It shall not be lawful to cause any Sewer or Drain to communicate with or be emptied into any Sewer of tho Board, nor to cause any building to be erected over any such last mentioned Sewer, nor to cause any Vault. Arch, or Cellar, to be built or construtted under the pavement, footv/ay, or carriage way of any street, without the written consent of the Board first ■ had aud obtained; And whoever offends against this enactment Miall forfeit to the Board the sum of Twenty pounds, and a further penalty of Onepxindfor every day during which the offence is continued, after notice in writing from the Clerk to «»e Board in tiiis behalf; and if any sewer; drain, building, vault, arch, or cellar shall be made or constructed contrary to this enactment, tlie Board may cause the same to be altered, pulled down, or otherwise dealt with as they may think fit, and the expenses incurred by them in so doing shall be repaid to them by the offender or recovered from him. 34. Any owner or occupier of premises adjoining or near to but beyond the limits of thfc City of Dunedm, may cause any Sewer or Drain of or from such prmmseii, to communicate with any Sewer of the Hoard, upon such terms and conditions as sliall be agreed upon between such owner or occupier, and the rfoard, or iv case of dispute, as (shall be settled by the fcmpenntendcat, whose award shall bo final aud conclusive. 35. It shall not be lawful newly to erect or to rebuild any house or to occupy any house so newly erected or rebuilt, unless and until "a covered drain or I drains be constructed of such fcizo and materials and at such level und with such full as to the Board shall appear to be necessary and sufficient for the proper and effectual drainage of such house and its appurtenances j and the drain or drains so to be constructed shall lead to and communicate With a Sewer of the Board, or such other means of drainage as the Board shall direct if the same exist-within one hundred feet of the site of such house; and if uo such Sewer or means of drainage be within that distance, then tlie said 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, as the Board shall direct, and whosoever erect* or rebuilds any house, or occupies any h^use contrary to this enact .cut, shall be liable for every such oifcne to a penalty not exceeding Ten Pounds. 30. If at any timo It appears to the Board that any house, whether built before or after the passin" oi this Ordinance, is without any drain or drains sufficient for the proj>er and effectual drainage of the name ami its appurtenance*, and it a sewer of the Board or other means of drainage be within one hundred feet of any part of such house, they shall cause notice in writing to tw given to the owner* or occup-ler* of such house, requiring him forthwith, or within such reasonable time as bhall be specified themu, to construct and lay down.- in connection with such house, and one of those means of drainaae, one or more covered drain or drains, of *uch material and size, at such level, and with saeh fall m whali appear to be necessary ; and if such notice shall not be cumphed with the owner aha.!!" he liable to a penalty not exceeding T.«» pounds, and the Board may, if they shall think fit, cause the work to be done", aud the ex peases thereby incurred by them bliall be recoverable from the owner. 37. It shall not l» lawful newly to erect or to rebuild any house without a sufficient water clon-t or privy, aud whosoever offends against this enactment shall he liable to a penalty not exceeding Ten pounds • ami if at any time it appears to the Board that any house, whether built before or after the pa*»ia<* of . this Ordinance, hm not a autticlent water closet or privy either within the house or in the baok yard ! thereof, the Board shall give notice m writiug u» the owner or occupier of such house, requiring him within such reasonable time as shall be »j*xiHed therein, to provide a sufficient water dn&et or privy ; anj if such notice be uot complied with, the owner ahull be liable to a penally uot exceeding Tea pounds» and the lizard may, if they shall think lit, cause to eon- ; tttructed a.bumcient* wat«r. closet or privy, or «uch . other works as" the - case may require; and the ex- ! ixsnseit incurred by them in w> doing, Khali be recoverable by them from the owner ; Provided always, that ; when a waU.-r-ek.set or privy-nan been and is u*ai in | common by the inmates of two or mons liuuHej, or if, !iu tiieopinipn of the Board, a wator-cloaet or privj may so used, they need not require tho same to be provided for each house. | 3S. The level of the street* »ha!l be fixtnl by theßoard, [ and fourteen days at the !ea*t before Ixiginning to dig or lay out tbo foundation for any new house, or to rebuild aay house, the person intending m to build or rebuild shall give to the iJo-'inl written notice thereof, together with the level or intended level of the cellars \or lowest floor, and the situation and i»o»truction of I the privies ami c<wss)Ovsb, to ba constrocUsl or used in connection with .such house. And it shall not be lawful to begin such works until the particulars so required to be stated have been approved by the Board ; ftiid in default of Kiieb notice, or if any such house' j privy, or cesspool be built or rebuilt without such ; approval, or in any respect contrary to the provisions of this Ordinance, the offender shall be liable in a ; penalty not exceeding fifty pounds; nml the Boanj may, if they think fit, cause such houae, privy, or cesspool to be altered, pulled down, or ctherwi.si? de-ilt with as the ca.«e may r«juire, and the expense* incurred in ho doing shall be recoverable from the offender: Provided always, that if the Board fail to signify their approval or disapproval of the saM particulars for the space of fourteen days att*»r receiving such notice, it Bhall be lawful to proceed according to such notice, if the same be otherwise in accordance with the provisions of this Ordinance, or any other Act or Ordinance in force at the time. I 39. It shall be lawful for the Board, and they are I hereby authorised aiid required, to provide and have ; tit nil times a RUfticient eniibUHhinent of firo engines, ; pipes, und appurtenance?, to bo used for extinguishing fires within the limits of Duuedin, and beyond the same as hereinafter provided. 40. The Board shall appoint an Inspector of Fire Engines, who shall have the charge of the said engines, pipes, and other appurtenances } and sliall al^o appoint such number of firemen as the Board shall think fit and expedient for working the same iv a proper manner, and for assisting in extinguishing tires, and shall make such rules and regulations for tlie said inspector aud firemou as to the Board shall , 3teiq proper. 41. The expense of providing, keeping, and maintaining the avid engines, pipes, and appurtenances, ! and paying the *ajd Inspectorand firemen in so far as ! not otherwise contributed, shall be defrayed from the I rates for miscellaneous expenses hereinafter authorised tft Le made and levied. 42. It shall be lawful for the Board upon application made to them, or to the said Inspector or other DG'rxon in. charge of such fire engines, to permit the firemen and the engines, pipes, and appurtenances, and generally all or any part of the fire establishment, to bo Bent beyond tlie limits of Dunedin for the purpose of extinguishing fire: Provided always, that tlie owners and occupiers of the .-property'to which the the firemen and engines are sent, shall be bound to defray the whole expense chat may be thereby incurred, and aUo , such further sum not exceeding tea pounds per cenI turn upon the gross amount of such expense, as .nay Ibe deemed reasonable for the tear and wear of the tn- | gines 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 iv that department, and doquefced by the Chairman or Clerk ; the said owners or occupiers, and all other persons interested, being always - entitled -to mutual relief against each other according to law, for tho sums paid by them or any of them from whom the Board may recover or receive the satae, and the Board Bhall have power to modify said charges when they seeoause. 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 aud sufficient for the purposes of this Ordinance, and for private use, and for that object the Board may with such approval and consent, enter into contracts for the construction,' laying down, and jnaintai'gof such, works, matters and-things, ag shall j be necessary and proper. ! 44. The Board may, if they think fit, supply water j from any such water-works constructed by them ■ under this Ordinance, to auy public baths or wash houses, cr for trading and manufacturing purposes, upon such terms and conditions as may be agreed upon between the Board and tlie persons desirous of being bo supplied. . i 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 '■■ ontinucd and for that purpose may, if they shall I

think fit, construct any number of cisterns, pumps, wells, conduits, and works. # 40. Whosoever shall wilfully destroy or injure any cistern, well, pump, reservoir, conduit, aqueduct, or other water works .belonging to, or under the management or control of, the Board, or shall unlawfully divert or take water from any guch work^or do or suffer to be done any act or thing whereby any water contained in any anch cistern, well, reservoir, conduit, aauednct, or other water-works, shall 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 whilst the offence is continued. 47. ( The Board, with the approval of the Superintendent, may provide, maintain, lay out, plant and improve thfcTown Belt and other premises, for the parpose of being used as Public Walks and Pleasure G round*, and support or contribute towards any prenuse^epvided for such purpose. 48. It shall be lawful for the Board to license from time to time such number of carts to ply within the city of Dunedin, and to make such rules and regulations with reference to the licensing of car tera, the places where they shall stand, the rates they shallireceive, the . distance they shall be compelled to go, and such other matters as may tend to the public convenience in regard to them as the Board may see fit; and any carter plying without a license, or otherwise offending against any such rule or regulation, shall on conviction pay a penalty not exceeding five pounds: Provided alway*, that no such rule or regulation shall have force or effect, unless and until the same shall be allowed by the Superintendent, and published in the Pwn'inaal Government Gazette. 40. All the sums of money, including officers' salaries and all other expenses required for the purpose* of the " Dunedin Roads and Streets Ordinance, 1855" and this Ordinance, shall be defrayed out ot the Assessment authorise to be made and levied by the twelfth clause or section of the said first mentioned Ordinance; but at any meeting of the Board convenened for the purpose of making or considering puch assessment, the Board shall estimate and fix such sums of money so required and necessary to be levied under the several luads of Lighting, Cleansing, and Miscellaneous Expenses; and the assessment so amhomed to he made and levied shall be made and levied rateably tor these several purposes, and shall not in the aggregate exceed, in any one year, the sum specified in the aforesaid section of the said first mentioned Ordinance. 60. Tt shall be lawful for the Board, at any meeting for making orconwdering such a*sessmenttoexempt tor a time, or from time to time* any streets, lands and houses, from all or any of the regulations in regard to lighting and cleansing respectively, established or hereafter to be established by or hi pursuance of the " Dnnedin Roads and Streets Ordinance, 1855 " and this Ordinance; and any such street*, lands aud 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 tevio-1 for liquidation of the expense of li"htin« and cleansing ; but in the event of any such Etreete* lands, ami hoiutcs being only partially exempted from such regulations, then such streets, lands, and houses bo partially exempted, shall ba liable in payment of such part of such assessment as shall be fixed and determined by the Board in a fair and equitable manner. 51. In order to defray the expenses attending the nuking, enlarging, altering, covering, or enclosing aay tewcr of the Hoard, or iv or about any other works, matters, and thing* of a permanent nature, and executed or .lone for the benefit of any district or part of any district, whether forming one or several ward*, or jarte of one or of several wards, the Board shall, over and alwve the assessment* for the other purposes hereinbefore I mentioned, and in the same manner as for the said last mentioned aaaewnnent, make and levy, in respect of tha premises situate in such district for the benefit of which the expense* are incurred or to lie incurred, a rate or rates, to I*9 called .S(H.'ckl District Kate*, of such amount a* will be sufficient to discharge the amount of such expenses, ana niUrcst thereon within such periol, not exceeding six years, as the Buard shall determine. 52. If it shall appear to a majority of not le*s than two-thirds of the rate payers, owners, or occupiers of hoiiM* or lands in any street or part uf a street, or other described and defined pert of Dunedin, at a public meeting to I* called on notice, as hereinafter provided, that the execution of particular works tnattent, or tilings, which the Buard liave on good and sufficient grounds declined to execute, would contribute to the health and convenience of the in habitant* of sudi part of Dunediu, the Board on receiving security to their satisfaction for payment of t le txpense thereof, *hnll procure a plan an<i estimate {of the co<t of executing such work*, and shall lay the same before another public meeting of such rate pavers, to be cal ed on notice as is hereinafter provided ; and if the same shall 1* approved and sanctioned by a majority of such rate papers wambled at such last mentioned meeting, the Board, on receiving security for the expense thereof, or in case the Buard agree to bear any part of the t-xpease, security for the remainder, *hall cause the work fit question to be executed; and in the evmt of there not being voluntary contributions of adequate amount for tlie purpose, the Board shall pay «lie cost, or the rate pavers' proportion of the cost, a* the case may Ik?, out of a special raie to be made and levied in'roMM?et of tiie premise* situated iv the sail f>art of Dunedin, in ■ sucli manner as the Board shall direct. 53. If any perron shall think himself aggrieved by the decision of the Board, in any case in which the Board are *'iaj>owered to cau.se any work, matter, or thing to l*e executed and done, and in respect of which such person may be male cliargeable to any special rate in tensn of thi* Ordinance, or hy any docision of the Board upon the value at which his proj^rty is a»sea.-;«l for any special or other rate authorized* by thia Ordinance to be levied, it shall be Lawful for him at any time within one calendar month after public notice shall have l«ea Riven by the Board of any such decision, to apj*;a! to the Justices of the Peace, and any three or more such Justices, not being members of the Board, shall have power to hear ani determine the same, and to award relief in. the premises, as tho justice of the case may require, and the decision of such Justices shall be final aud coueluaive as regards the raatUr of such appeal : Provided that the person so appealing shall give notice in writing to the Board of such his iuiention of appealing, fourteen days before the holding of the Court, at which such appeal may be heard and determined. 54. In order to raise 'the. money •which may be necessary for the purposes of this Ordinance before the assessments hereby authorized are levied, it shall l»e lawful for the Board, or a majority of members thereof assembled at a meeting specially called for the purpose, and at which not le»3 than two-thirds of their number shall be present, to authorize their Treasurer to borrow any sum or sums of money, not exceeding in tho whole tb,e sum of twelve thousand pounds, for the sen,eral purposes of this Ordinance, with power to the ioard by a quorum of the members, 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 i>erson or persona 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 nose the money which may be re- ; quired for the making, enlarging, altering, covering or enclosing any sewer of tho Board or for any other works, matters, and things of a permanent nature, and to be executed and done for the benefit of any . district as- aforesaid, it shall be lawful for the Board or the majority of the members thereof assembled at a meeting expressly called for the purpose, and at which not less titan two-thirds of their number shall be present, to authorise their Treasurer to borrow any sum 'or 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 auch money may be borrowed, to assign to such per- . son or persons the assessments hereby authorized to be mado and levied, until the sum or sums so to be borrowed with interest thereon, shall be repaid and ' discharged. i 56. No member of the Board or Treasurer shall be f held or adjudged, to have made himself personally lii able for the repayment of any money borrowed, or in- [ terest thei«of, by reason of having Bigned any securii ties as 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 i Ordinance in that behalfj exceed for any one offence, i the sum of one hundred pounds. All such forfeitures i penalties, and fines, shall bo recoverable in a sumi mary way, and shall be sued for and recovered by, : and mid to tho clerk of the Board, and shall be ac- | counted for by him to the Treasurer of the Board, [ and shall sfonn part of the funds for the general purpones of this Ordinance. 58. In all cases in which any notice is by this Or--1 dioanee raiuired to be given to the owners or occu--1 piers of any premises, it shall be sufficient to address » the notice to them by the description of the owner or ' occupier (us the case may require) of the premises 1 (naming them) in respect of which the notice is given (hereinafter called the premises^ without further , name or description, and the notice shall be served 5 upon them or one of them, as the case may require s either penwnally or by delivering c same to some I inmate of hia or their place of. abodeor in the case of

of the occupier, and also in the case of the owner, if niß place of abode be unknown, npon any inmate of the^ premises, or if they be unoccupied and the owner a place of residence be unknown, it shaU 1* sufficient to fix the notice upon some conspicuous part of the premises: Provided always in thtf C?SO^no^ ccE totheowner»tliat although his place of abode be known to the Board, yet if it be not within Dunedin, it shall be sufficient to transmit any notice directed to him by name through the Post 59. Whenever lie consent, approval or anthori of the Superintendent is required by the provisions of thisi ordinance, tberesoiutiongivingorrefusingthesame shall be passed, with the advice and consent of the Executive Council, and shall be in writing under his hand; and whenever tho consent, approval, or authority of the Board is so required, the same shall be in writing under the hands of three or more mem bers, and the Clerk of the Board. 60. Nothing in this Ordinance shall be construed to render kwf id 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 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 word " Board" shall mean the Town Board of ! Dunedin for the time being. The *ord " 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 ef one building , only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cess-pool or other like receptacle for drainage, or with a sewer into which the drainage or two or more buildings or premises occupied by different persons is conveyed. The word " sewer" ehall mean and include sewers and drains of every description, except drains to which the word " drain" interpreted aa aforesaid applies. Passed the Provincial Council this eighth day of May, One thousand eight hundred and sirty-two. I ALEX. BBNNIE, CIIAS. SMITH, Speaker. Clerk of Council. Dunedin, ninth May, One thousand eight hundrea and sixty-two.—l hereby declare that I reserve this Bill for the signification of the Governor's pleasure thereon, J. L. C. RICHAEDSON, Superintendent of the Province of Otago. '