DUNEDIN IMPROVEMENT ORDINANCE, 1862.

Otago Daily Times, Issue 229, 13 September 1862, Page 7

DUNEDIN IMPROVEMENT ORDINANCE, 1862.

J.n Ordinance for Promoting the Improvement of (he City of Dunedin. Whereas it is expedient to make further and move ffectual provision fordraininsr, clearisinfr, lighting and paving the ci!y of Dunedin,"and ibr the sanitary improvement thereof, ii' d in other respects 1o amend he " Dunedin Tim-n Board Ordinance, 1855," and he " Duacdin Roads and Streets Ordinance, ISco :" Be it therefore enacted by the Superintendent cf the Province of Ofcigo, with the advice and consent of the Provincial Council thereof; as follows :— 1. This Ordinance shall be termed, and mny be cited and referred to as the "Dunedin Improvement Ordinance, 1562." 2. T!»s Ordinance shall come into force on and after n sh\y to be fixed by the Superintendent, by proclaroainatioa in the Provincial Government Gazette. which proclamation shall not be made unless and until the Governor shall intimate that he. has li-ft this Ordinance to its operation. And the-Members' of the Town Board of Duuctlin, elected under the said first recited Ordinance, shall superintend the execution of tins Ordinance until the election of their successors n office under this Ordinance; 3. .Prom 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said two recited Ordinances as are repugnant to and inconsistent with this Ordinance shall be and the same are hereby repealed: Provided always that, except in so far as hereby repealed, the said recited Ordinances shall be effectual to all intents and purposes, as if this Ordinance had not been passed. 4.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 anil 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 of the population thereof, or other circumstances, shall appear to rbeßß from time to time to require; and the boundaries of the Wards shnil 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 Board shall direct, 'the' Board shall cause to be collected the Names aiid Residences cf every pe.'son in each Ward, who may be liable to be rated, "as hereinafter mentioned, in consideration of any lands, buiUiinijs, and hereditaments owned or occupied by him, ami situated within the boundaries of any such Ward: and shall cause alist of such persons in each Ward "to be made, and published in one or more newspapers circulated in Dunedin, together with a notice of the time when and the place where tlie 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 bs.final and conclusive in regard to any and every objection made'against every such list; and the said lists, when" thus settled and revised, shall be transcribed in a book to be called the Rate-payers' Roll, andsh:ili he. lodged with the books and papers of the Board ; and if at any time after tlie completion of such Bate-payers' Hull any person not being liable tube placed on such llo'l at the time of its completion, shall thereafter become liable to be rated for or on account of any lauds, buildings, and hereditaments owned or occupied by him within any such Ward, it shall be competent for such person to apply to the Board to have his name inserted in the Katerayers' Hull for the Ward in which such premises are situated; ami if it shall be made to appear to the satisfaction of tlie Board that such person was not at the time of the j compiling or making the Rate-payers' Roil as afore- j 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 such applicant to be placed on the Ratepayers' Hoil tor the Ward or .Wards in which be is so qualified to vote. 6. The Members of the Board to be elected under the authority;of this Ordinance shall 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 which they are elected. 7. Every male person of full age who shall, under the provisions of tliis OrdiiiaiiC^jbe liable to be rated j or assessed: for or on account of any rate levied or j assessed by the Board, and.whose name shall appear j on the ratepayers' roll for any of the said Wards, jis I ereinbsfore provided, shall bo deemed a ratepayer J for !ha purpose of any such election for any Ward on i the roll ibr which his name so appears. j 8. There shall be three Members of theßoard for each j Ward, whose election shall be made in manner a« foi- ! lows: The Clerk to the Board shall prepare a l»ook j for each Ward, and shall direct a Clerk to attend, at some convenient place in cr adjacent to each Ward, upon the Snot Monday in the month of December in every ysur. and the Kate-payers in each Ward intending to'v -ti. in such election shall appear personally at Bueh plr.ee, and the names of the persons voted for I and then:i:;ifs'of such voters shall be'inscribed In j the said lwok by the Clerk, and subscribed by each voter. 9. At any such election, it shall be competent for any candidate or on the Ratepayers' Itoll j for the Ward to object to any person tendering his vote and before he has voted, only on the ground that such person 5s not a llatepayer on the Katepayers' Roll for the Ward, or ha* voted before at the same | election ; and on such objection being taken, the Clerk j acting at such" election shall register such vote, but shall at the same time make a memorandum of the Dame of such voter, and report such objection to the Clerk of the Board- in the Register Book as hereinafter directed : Provided■ always that no elector shall have more than one vote in the election for a Ward without prejudice to his voting in any other Ward.or Wards if qualified as aforesaid. ■JO.-Every such Election shall .'commence at nine o'clock in the morning of the day on which it is to take place, and. shall continue until eleven o'clock" of the said "day ; after which no new Candidate shall be voted for, and if "-"at-such last-mentioned hour the names of pot more persons than the number to be elected shnll bo inscribed for the office ia each Ward respectively, the election in' such case shall be .'! e- j clared to Le at an end and no Votes shall thereafter be j received ; but if the names of more persons t]iau the \ number to be elected shall le so inscribed then the said Book shall remain open until four o'clock of the said day, after which-no votes shall be received (ex. cept those of Eu'c'n'" Electors'as may he within the Poilins: Place waiting to tender their Votes), and the Election shall be declared at an m-A : Provided always that it shall be in the power of the persons voted for by a writing under their .hands to terminate ' the ( P'ollins at any time of the day after eleven o'clock, ...- h&jr may think proper. • . 11. Not less than six nor more than twelve days before the first Monday in the month of December in every year, the Clerk to the Board shall cause inliination to be made by advertisements in newspapers published in Duuedin, and in. such other manner as the Board shall deem proper, of the days and places .• • of election. '; t-2. At the expiration of the period ao fixed within which fcuch Elections shall take place, the Clerks appointed to attend the biiTOC sliall deliver the said hooks to tlio Clerk of the Board, who sliall make up i p;id v.-rlpe in each of the said books a state of the votes in llie'Ward, and shall affix to the door of | his office, within two days thereafter, the names of the \ persons hnvinjf tlfe majority of votes, who .shall 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 ir.sp-.ction of all concerned, at the office ©fthe Clerk cf the Board, for four days after every $UCh Election. 13. If any person shall, at any time, obstruct. ' filmier, or molest either any Elector in giving Ins vote, or the Clerk acting at any Election, in the Fffrrmftnee of his duty, every person so offending shall, > -upon'conviction before a Justice of the Peace, be . liable to a penalty of one pormd for each offence; and if any pewon 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 offence 11 It shall be competent to any person who considers that he ouprht to have been returned as a Member of the Board, to complain against the Cler* s return, provided the complaint be made by petition to the Board, signed by the coinplainer, or by some person on his behalf, and lodged with the CleiK to the Board, within four-lawful; <lays after the Election; and on such petition being- presented, the Board shall r<-yri.t to a Committee of live of their,-number to Inquire into the 'merits .of sinjh Uisputea- Elqction, "ink' report 'thereon to a subsequent meeting' ot the Board, and the determination of the flofrd on •upon*report kIirII be final and conclusive; and v, and the clerk's report, or u»on a scrutiny demanded, «nd the said Comniittes's report, there shall be found - to b2 an equality of votes at, auy of the saidTilecfaqng, the Board shall determine which, of. the Candidates ehall ■bg"JptKfefted. i -'v '-"• "'- "- '

25. One of the three Members elected for each "Wara j shall mmuully go out of office, and the Board shall cause the order of their retirement to be determined by Ballot, not less than thirty days previous thereto; and any member retiring as aforesaid shall, if duly qualified, be eligible for re-election. 10. "When the office of ft Member of tho Board shall become vacant, by death,. resignation, nonacceptance, disqualification, or in any other way, the Clerk shall, ru Ihe first meeting of the Hoard after the occurrence of such vacancy, or after tho same shall have bcoine known to him, report such vacancy, that a day inny 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 respects as in manner herein provided in the case of annual elections; and within two days after such election, the Clerk shall affix on tlie 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 neison elected, to complain, and for the Hoard to proceed in vctrard to such election v manner hereinbefore directed in the unse of complaints in annual elections: Provided nlwajs that such petition nnd' complaint be lodged with the C'leik before the first meeting of the Board nfter such election. 17. General Meetings of the Bo:tpl shall be held in the'Montlis of January, April, July, nnd October, for putting the powers committed to lite Board in execution ; and all such meetings sha'l be called, and the proceedings thcn.'!it shall be conducted iit 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 Hoard, upon any day duly appointed for such election, it shall be lawful for the lionrd 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 re.main 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 Board shall have, and either by themselves or by Committees of their number duly authorised, shall extcute all the* powers and duties vested in or imposed on the Board by this Ordinance, and th-.j said recited. Ordinances, *in k> far as not hereby repealed, and shall appoint nil persons ami officers whom it raay be necessary to employ in the exi.'cution of this Ordinance,"-and* the said other Ordinances, and tv remove or suspend them at pleasure, and fix and regulate their salaries iU'tl wages, nnd. to .estimate, assess, levy, raise, and apply, or cause to bo estimated, 'assessed, levied, nnd applied, the sinus of money hereinafter nutnoriscd to be assessed, levied, raised,-nnd' applied. * 20. The Board shall, nnd they are hereby authorised and required to provide all necessary implements-, and take all necessary measures for watering, sweeping, and cleansing the swots, at such times and in such manner as their Inspector of Cleansing 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 provision for lighting the streets, in such 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 as may be necessary for that puqw.se; to light, or outer into contracts for lighting anil causing to be ' lighted,* Bush lamps, by means of oil or g;u>, or such other light as thtv may find expedient;-and to order tho ' lamp-posts, limp-iron.*, and lamps, to* be fixed either on the sides of the streeta or upon" the curb-' ■ sfrmes of tb« pavement, or. footpaths, or in or nt the v/alls of buildings, upon indemnifying the ovvuers or occupiers' for - any : damage done, the amount of which, in the event of ditfereutx; opinion, to \m fixed and determined summarily by the itesideut Magistrate. 22. It shall be lawful for tho Board to make an f* enact, and from time to time to alter, amend, and re peal, Ku!t-3, Regulations, and Bye-lawn relating to th cleansing, Sighting, paving, causewaying, metalling and repairing f»f streets; the making ainl^ repairing of common sewers, drains, privies, and 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 tlt.-it «ueh rules, regulations, aud bye-Jaws shall" not 1« inconsi.sbeub with, or repugnant to, any Act or Ordinance in force within the Province.of Otago. 23. It shall be lawful for the Board to iinpw* and exact such penalties, fir.es, and forfeitures for the infringement and breach of any surh bye-laws as shall aeetn tv them fit ami reasonable: Provided always that no such penalty shall exceed, for any one offence, Use sum of forty Miiliiup, and in tho ease of a e<mtiuuing nuisauso, the sum of five shillings for every day during wLich such nuisance shall not be abated. 24. No bye-law nwJe under the powers herein contained shall l»e of force until a copy thereof,certified, by the ■ Clerk- to the lizard,.Khali have been inserted once In iievspajjera published'in jpuneilin, ami shall have been continued by the SuSnperintoi;!«'iit; and if the Superintendent kIwI! <lis- ; allow the said bye-law, or any part thereof, tuidi byeI law, or the part thereof disallow©!, shall not come I into operation, arid any such bye-laws so confirmed shall be published in the Provincial Government" Gazette, and shall have full force; and effect. 2?. It shall Ije the duty of the Inspector of* Lighting and Cleansing to attend to the due fultlimerst ot | all contracts made by the Board as to Lighting and Cleansing; to cause to be removed from the streets all dung, soil, dirt, ashes and .filth ; to see that ail | Lamps be lighted and kept lighted for the duo time, j and kept in all respects in proper order ; to receive 1' and forthwith communicate to the-Board a-ud other j Authorities any 'complaints or reiuonstra-noes relating to Nuisances ami the Cleansing anil Lighting of thu I streets, with the result of his own enquiries on the j subject; to enforce all the Regulations ami Provisions for the prevention of Nuisances, and the promotion of the health and comfort of the Inhabitant*; and generally tv o!*ry all the Orders, Instructions, and Emulations which may from time to time be raade restive to tho 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 Hoard that any House, or Building, or part thereof, is in such a filthy or unwholesome condition that the health.of any person is affected or endangered thereby, or that the whitewashing, cleansing, or purifying of any house or part thereof would tent] to prevent or check infectious or contagwiw disease, the Hoard shall give nolbo in writing to the owner or occupier of iuch I house-or part thereof to whitewash, cleanac, or purify | the same- as the case may require ; ami if-the person I to whom notice is so given fail to comply therewith, j within such time as shall be specified in the said notice, ho'shall be liable to a penalty not exceeding 'JLV'ii siiiJliiigs for every day during which he continues ta make default; and the Board may if they shall think lit cause such house, building^ or part thereof to be whitewashed, eleaisted, or purified, and the expenses ■incurred by them in' no doing shall be repaid by the j owner or occupier in default, and be recoverable from i either of them in a summary way.

27. No noxious or.offensive business, ■ tra-lo,' or manufacture skill 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 sucli consent or grant the same upon such conditions for the observance of such ltegulations as they may deem proper, in order to prevent or diminish the noxious effect* of any such buHiness; and whosoever offends against this enactment shall be liable for each offence to a penalty of Five Pounds, and a fnvther penalty of Ten Shillings for each day during whicli this otfenco i 3 continued.

28. The Superintendent shall pause to be prepared l>y the Provincial Civil Engineer, upon a scale to be prescribed by the Superintender.!, a Map or Maps exhibiting a Bystem of Sewerage for effectually draining the City of Duncdio ; and a copy of such Map Khali be furnished to the Board and kept at the ofilce of the Clerk of the Board, and shall at all reasonable times be open to the Inspection of the .Ratepayers 01 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 .appertain ing thereto, skill be entirely under the management and control of the Board. 80. The Board from time totime'stutfl cause to be made such Sewers as may be necessary for effectually draining the City of Dunedm'fbr the''purposes of this Ordinance, and may carry any such Sower through, across, or under any street or place laid out as or intended for a street, or under any'cellar: or vault which may be under the pavement or carriage way of any Btreet^and after reasonable notice in writing in that-behalf, into, through or under auy land whatsoever should such' be neceasary: Provided always that all suclrSewers to be hereafter made shall'bo made in accordance with* the system of drainage to be exhibited by the Map or Maps -hereinbefore mentioned, unless any deviation thorefrora shall-be sanctioned-liy the [ Superintendent, and until such Map or Maps are pre- ' pared, shall be made with the approbation and consent of the Superintendent. - • ' 31. The Board may c from time to time repair, enlai'ge/le&sen, nlfer, arch over, or otherwise improve all or any or the Sewers under their management and control, and discoriti'riue," close up, or destroy such of them as they may deem to have become uunccesary: I'mvMed always that the discontinuance of s&uy Ssyver.^hall I)'< 3 dohe with the approbation and ' consent of tac^uperlutendent and so -an notto creat

Nuisance: find if by reason thereof any person is eprivcd of the lawful use of any Sewer, the Board dall provide some other Sewer an effectual for Ida use h the one of which he is so deprived. 32. The Board shall cause the Sewers under their management and control to be constructed, covered, and kept so as not to be a nuisance- or injurious io health, nnd to bo properly cleared, cleansed and emptied, and for the purpose of cleansing and emptying the same, they may construct and pluce cither j above or under-ground such reservoirs, sluices, en- ! gincs, or other works as may be necessary, and may cause nil or any of the said Scwern to communicate with and bo emptied into such places as may be lit and necessary, ond may cause Sewage nnd 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 bo emptied into any Sewer of'the Board, nor to cause any building to bo erected over any such last mentioned Sewer, nor to cause any Vault. Arch, or Cellar, to be built or constructed under the pavement, footway, or carriage way of any 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 of Twenty pounds, and a 'further penalty cf One pound for every day during which the offence is continued, after notice in writing from the Clerk to the Board in - this behalf; and if any sewer, drain, building, vault, arch, or cellar shall mo made or constructed contrary to this enactment, the Board may cause tlic same to be altere.l, pulled down, or otherwise dealt w ith 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 the City of Dunedin, may cause any Sower or Drain of or from such premises, to communicate with any Sewer of the Board, upon buch terms and conditions as (shall be agreed upon betsveeu such owner or occupier, and the Board, or. in case of dispute, as sshnll bo settled by the Superintendent, whose award shall be final and conclusive. 35. It shall not "c lawful newly to erect or to rebuild any hoitra or to occupy any house so newly erected or-rebuilt, unless and until a covered droin or drain? be constructed of such Mac" and material and at such level and with such fall a- to the Board shall appear to bo necessary an I eutlident for the proper and ciicetunl ilrniiiagc of such house and its appurti'nancr-H; and the drain or drains ?.o to be constructed shall lead to and eommnnicate with a .Sower of the Hoard, or biich other means of draiitago as the Hoard shall direct if the same exist within one hundred feet of the bite of such house; and if no such Hewer or means of drainage be within that distance, then the s-aid drain or drains shall communicate with and be emptied into t?ucU covered cesspool or other place not being under any house,'and beini* at such dßtiinoe trom uny house, as the Hoard shall direct, and whosoever erect* or rebuilds any house, or occuuios any house contrary to tins enact > eiit, shall be liable iui* every such oill-nc to a penalty not ex creedn% Ten Pounds. 3'i. If at any time It appears to the Board that auy house, whether-built before or after the pa-s-.ing oi this Ordinance, Ls without any drain or drains suflicient for tin.- proper and eifeetual druit.u^e of tie same ami its appurtenance-, and if answer of the Board or other means of drainage be within one hundred feet of any part of such house,they shall cause notice in writiug to tw gimi to the owners or occupier.-* of such h-HHe, requiring- him forthwith,- or within such jvtisonnble ti.'iic as shall be xpec-Hk''.! therein, to construct and lay down hi connection with Much house, and one of those means of drainage, one or more covered drain or 'drains,- of such material and siso, at such level, and with sucli fall a* sliaSl appear to be n>.-ce*.-ary ; ami if such nr.tlec shall not be complied with, the owiwr shall \w liaUo t*i a penalty not I exceeding Ten pounds, and the Board way, if they i shall think tit, eau.% the work to ho do:ia, and the ex|>ens<-i thereby incurre;! by them sJiall Iw recoverable tVom the owner. 37. It shall not bo lawful newly to erect or to rebuild any house.without a sullicient water clo^t or privy, and whosoever oitends against this enactment shall be liable to a penalty not excelling" Ten pounds; and if at auy time it: appears to the-Boanl that any house, whether built before or after the pawing of this Ordinance. has not a suilicient water closet or privy either within the hou&s or in the back y;ir<l thereof, the Boanl shall jrive notice in writing v> the owner or occupier of isuch house, requiring him within such reasonable turn; <%i thall Ije Hpecitl&.l therein, to provide asutiieient water cfosset or privy ; and if such notice bo not compiled with, thy owner shall be liable to a penalty not excluding- Ten pomuis; ami the Boanl may, it they shall think lit, cauw to cofistnwtiHl a Buiiic'tem. water closet or privy, or huc!i other works as the easo may require; an«l the t*x- I pensea iucurnnl by them in tut doing, shall Ucr recover- | able by them from tho owner': Provided always, that I when a water-closet or privy has hnu ami is un.il in j common by the inmates of two tr ruonj houses, or if, j in the opinion of the Boanl, a water-closet <»r privy may be m used, they need not require the sasne to be provi.k-d fur t-ach louse. ;iS. The level of the street* Bhall Ihj fixel hy the Board, auil fourteen days at the least before begiuninif to dig or lay out the.foumlulion for any new }ioum*, or to rebuild nny housw, t!i« jktsod ititeiifiing so to. build or rebuild skull give to the ]Jo«rd written notice thereof, together with the levi-i or intended level of the : cellar* J or lowest floor, and the situation and constnictiou of the privies ami cesspools, to be constructed or ti:-*.-*l in connection with such house. And it Khali not bo lawful to begiu such works until the particular ho required to l»e stateti liavu been approval by tho Boanl; ami in default of such notice, or. if any m\r.h housej)rivy, or cciajviol be built or retmilt without such ! approval, or in any renpect contrary to tha j»r6vLsioaa of thin Ordinanw, the offender sliail be liable iv a penalty not t*xct*«luig fifty jwunds; and the Boanl may, if they think lit, cause such house, privy, or cesspool to' be altered, pulled down, or otherwise dealt with as the case may rwjuire, nml tho expenses iucuiTed iv so doing uhall bo recoverable from the offender: Providetl always, that if tho Ihiunl fail to signify their approval or disapproval of tho saiil particulars for the space of fourteou days ait<r receiving such notice, it shall fxj lawful to proceed ftcronling to such notice, if the same Iw otherwise in accordance with the [>roviijiona of this Ordinance, or any other Act or Ordinance in force at the time. 3D. It shall be lawful for the Board, and they are hereby authorised and required, to provide and have at all thiios a'suflident esUbllshment of fire cu^ines, pijK'.s, and app',irt<:fi;ii!ce«, to \>c used fjr extixtKaishing rtrcs within rh« limita of-Duntwlui, ami beyond the same as hereinafter provified. ■10. The Uoanl shall appoint an Inspector, of Fire En^infs, who sh.ill bnvi- the charge-of the uaid engines, pipes, and other appurtenances ; and chall n!w> appoint, such mualtcr of tircinen as tho Boanl shall think fit and. expedient for working tho Fame in a proper manner, and for assisting in extinj;utshins fires, and fLnll make such. rulci mid regulations for I the said inspector and firemen, aa to tho Board shall ! ueem proper. * 41. Tho expeuKC of providing,- keeping, nnd maintaining the said engines, pipes, and appurtenances, and paying the raid-Inspector anil firemen in so far as not otherwise coutributed, shall be defrayed from the rates for miscellaneous expenses hereinafter authorised to be made aud levied. 42. It shall be lawful lor the Board upon application tnado to them, or to the said Inspector or other person in charge of such firo engines, to permit the firemen and- the engines, pipes, and appurtenances, and generally all or any part'of-the tire establishment, to be sent beyond the limits of Dunedin for th,e purposo of extinguishing (ire: Provided1 always, that the owners and occupiers of the property to which the the firemen and engines are sent, shall bo bound to defray the whole expense that may be thereby incurred, and aUo such further sum not exceeding ten pounds per ceutum upon the gross amount of such expense, as may 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 expenHO shall be ascertained by accounts thereof signed by the snid luspector of fire engines, and approved by the Board or thejr Committee in that department, and dorpieted 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 the sums paid by them or any of them from whom the Board may recover or receive the same, and the Boanl shall have power to modify said charges when they see cause. 43. The Board may with the approval and consent of the Superintendent, provide the City of Dunedin with such a supply ot pure and wholesome water, as may be proper and sulhcient for the purposes of this Ordinance, and for private use, and for that object the Board may with such approval aud consent, cuter into contracts for the construction, laying down, and maintai*" gof such works, matters and thiugs, as shall be necessary and proper. 44. Tho Board may, if they think fit, supply water from nny sucli wittcr-.work'a constructed .by them under this Ordinance, to any public baths or wash housed,-cr for trading aiul manufacturing purposes, upon such terms and'conditions1 as may bengreed upon between the Board, and the persona desirous of being so supplied. • • ' T 45. The Board may cause all'existing publicpumpg, wells, streams, conduits; aud aqueducts, ufced for the gratuitous supply ■df'wttfer to the inhabitants, to be ontinued and for that purpose may, if they shall

imnK fit, construct any number of cisterns, pumps, wells, conduits, and works. 46. Whos'icver sLall 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 fihall unlawfully divert or take water from any snch works, or do or suffer to be done any act cr thing whereby any water contained in nny such cbtern, well, reservoir, canduit, aqueduct, or other water-works, shall be fouled or rendered unwholesome, shall for every such offence forfeit a sura 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, plaut and improve the Town Belt and other premises, for the purpose of being used as Public Walks and Pleasure Grounds, aad support or contribute towards any premises provided for such purpose. 43. It shall.be lawful for the Board to license from time to time such number of carts to ply within the city of Dunedin, a&d to make such rules aud regulations with reference to the licensingof carters, the places where they shall staud, the rates they shallireeeive, the distance they shall be compelled to go, and such other matters as may tend to the public convenience in regard to tin m as the Board may see fit; and any carter plying without a license, or otherwise oflendinjj against any such rule or retfu!a;ion, shall on conviction pay a penalty not exceeding five pounds: Provided always, that no such rule or regulation shall have force or effect, unless and until the Fame shall bo allowed by the Superintendent, and published in the Vvvcinaal Government Gazette. 49. AH the suuh of money, including officers' salaries and all other expenses required for the purposes of the " Duucdiu Itoads and Streets Ordinance, 185.*;" and this Ordinance, shall be defrayed out of the Assessment authorised to be made and levied by the twelfth c';ui.4c or section of tiie said first mentioned Ordiii;mce; but at any meeting of the Board convcucned for tiie purpose of making or considerinpr such CAWSsment, the Board shall estimate and fix such sums of money so required and necessary to be levied under the several lnaik of Lighting, Clcan>-inp, and Miscellaneous Expenses; and the assessment so authorised to be made and levied shall be made and levied rateably ijr the.* several purposes, and shall not in the B<r<»re{*ate exceed, in any one year, the sum specified in the aforesaid sectiou of the said first mentioned Ordinance. 50. Itnliall Lo lawful for the Board, at any meeting for makingorconsHurin." hucli artiesnnent to exempt for a time, or from time to time, any street*, lands, and h"urict?, from all or any of the regulations in regard, to li^htir.g aud eloaaxitix ropcsatively, established or hereafter to bo established by or in pursuance of the " DuneJin Roads aud Streets Ordinance, 1655" and this Ordinance; and any such street", lands, and houses, if so exempted from ait such regulation.?, ehail, during the continuance of Kuch exemption, be free from payment of any part of the ar.seKsmeut authorise] to be leviel for )i>|tiidation of the expense of lighting and dwmsiner; but in the event of any such streets, lauds, and housea l>eing only partially exempted from such regulations, thea such streets, lands, and houses so partially exempted, shall bo liable in payment of such part of sucli nsse&tsuent as shall be nxod and determined by the Bi<ard in a fair and equitable manner. 51. In order to defray the expenses attending the making, erilar^iitjr, altering, eovmrg, or enclosing nny wivver of the Board, or in or about any other work.-!, matters, and things of a permanent nature, ami executed or dyne for the benefit of any district or part of any district, whether forming oii« or several wards, or parts of one or of several vm-Js, the Board shall, over and above the assess monts for the other purposes hereinbefore mentioned, and in the same manner as for the eu i latt mentioned a^uKniesit, loakfe aud levy, in respect of tFie premises bituate in jiuch district fur the benefit of wiiieh the expenses are incurred or to l>e incurred, n rate or rates, to be culled SpL'd'il District Rates, of such amount m will be suiiieic-nt to di-icluf^c tbe amount of .such expenses, and inU'r*;st thereon within such period, not exceeding six years, as the Board shaEl determine. 52. If it shall appear to a majority of not less than two-thirds of the rate pnyera, owners, or occupiers of houses or lands in any street or p.irt of a street, or other descriltcd and <k-fli>od pisrc oi' Dunedin, at a public meeting to be called on notice, as hereinafter provided, that the execution of particular works, mattei*:, or thing*, which the Board have on goo-1 aud stiiQeknt grounds decline! to execute, would contribute to the health nntl convenience of the m habitants of such part of Uunedin, the Board on redMvinff security to their «3ti:-f,»cti»n for payment, of t*ic expense thereof, shall procure a plan an<f intimate of the cost of executing1 *.ueh works, ami shall lay the wun-2 l»ffore another pu ■'.',<: meeting of s«:cb, rate paver*, to be eat'ed on notice! a-i is hereinafter pro vidcl; aud if tho name hhuli Ihj approved and sanctioned by a majority of such rate papers assembled at such last int-nUon&ti meeting, the BuarJ, on reefivinj* w«urlty f r the expense iheroof, or in ease the Board «v»ree to bear any part of the expense, security for the rcmmnJcr, shall causa the work in question jo }<c executed; anil in th<- emit of there not Wing voluntiry contributions of adequate an;ouiit for the purpose, the Board shut I pay Die cost, or tiie rate payers' prujwrlkm of the cost, as. the cue may be, out of a special rate to lx? made and levied in respect of the premiss situated in the sai I part of JDunedin, in such manner as the Board shall direct. 53. If any person shall think himself aggrieved by the decision of the Board, in any ea.-ie in which the Board are «'iajjowered to cauise any wurk, matter, or thing to bo executed and done, and inrc-s|>ect of which such person may be rna<ie c}iar^e<ible tc- any special nite iv Urn;s of this Ordinance, or by any decision of the Board upon the value at which his property is assessed for any sj^cial or other rate authorized' by this Ordinance to bo levied, it shall be lawful for him nt any time within one calendar month after public notice shall have been given by the Board of any such decision, to appeal to the Jtisticea of the Peare, and any three or more such Justices, not being members of the Board, shall have power to hear and determine the same, and to award relief in the premises, as the justice of the case may require, and the decision of such Justices Khali txi fiual and conclusive ;us regards the mattt rof such appeal: Provided that tho person so ap[Hjaling shall give notice in writing to the Uoard of such his intcn'ion of appeuiing, fourteen days before the holding of the Court, at which such appeal may be heard and determined. St. In order to raise the money which may be necse-try for the purposes of this Ordinance before the asse.-j.smonfa hereby authorized are levied, it shall be lawful for the Board, or a majority of members thereof assembled at a meeting specially called for the puri>es<\ and at which not less than two-thirds of their nuinl«r shall be present, to authorize their Treasmcr to 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 Bo'ird by a quorum of the members, to grant bills or bonds, or obtain fash 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 authorised to be made and levied, until the sum or sums so to be borrowed, with interest thereon, shall be repaid and discharged. .05. In order to raise the money which may be required for the making, enlarging, altering, covering or enclosing jiny sewer of the Board or for any other works, matters, and things of a permanent nature, and to Iks executed and done for the benefit of any district as aforesaid, it shall be lawful for the Board or the majority of tho members thereof assembled at a meeting expressly called for the purpose, and at which not lesa than 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 bouds, 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 per-!-son or persons the assessments hereby authorized to be-made and levied, until the sum or sums so to be borrowed with interest thereon, shall he 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 Btgned any securities 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 Ordinance in that behalf, exceed for any one offence, tho sum of one hundred pounds. All such forfeitures penalties, and fines, shall bo recoverable in a summary way, and shall be sued for and recovered by, and paid to the clerk of the Board, and shall be accounted for by him to the Treasurer of the Board, and shall form part of the fund 3 for the general purposes of this Ordinance. 58. In all cases in which any notiej is by this Ordinaocetrequired to be given to the owners or occupiers of nny 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 premised (naming them) in respect of which the notice is given (hereinafter called the, premises)^ without,, further name or description, and the notice Ehail he served i upon tho»i or, one .of.thgm^aa jUie .case, jnay. require, i eitlier~porsoti£Ulyorby delivering c Bame to some inmate of bis or their place of abodeor in the case of

of the occupier, and also m the caae of the owner, if his place of abode be unknown, upon any inmate of the premises, or if tbey be unoccupied and the o wnerV place of residence be unknown, it shall be^ sufficient to fix "the notice upon some conspicuous 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 Dunedin, it shall be sufficient to transmit any notice directed to him by name through the Post Office. 59. "Whenever the consent, approval, or authori of the Superintendent is required by the provisions of this ordinance, theresolution giving orrefusing the same shall be passed, with the advice and consent of the Executive Council, and shall be in writing under Ms hand; and "whenever the consent, approval, or authority of the Board la so required, the same shall be in writing under the hands of three or more mem bers, and the Clerk of the Board. CO. Nothing in this Ordinance 6hall be construed to render lawful any act, matter, or thing whatsoever, which bat 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 word " street" shall include any road, bridge, footway, pnveinent, court, alley, or passage, whether a thoroughfare or not, and the parts of any each 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-ftool or other like recej/UiCie for drainage, or with a sewer into which the drainage 01 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 tbs Provincial Council this eighth day of May, One thounand eight hundred and sixty-two. ALEX. itENNIB, .' Speaker. CHAS. SMITH, Clerk of Council. Dunediu, 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. ItICHAEDSON, Superintendent of the Province of Otago.