DUNEDIN IMPROVEMENT ORDINACE, 1862.

Otago Daily Times, Issue 231, 16 September 1862, Page 7

DUNEDIN IMPROVEMENT ORDINACE, 1862.

''74- n.:-. onh^^ e\f^T^brn(Hin^rthe Mvpl^mmi'of ':' :r" "'"".B x:"'-BfThe:Citydf Ihmedin&7'777'7% Whevezay itasMpedierittom&ke fhrttier and more ffeetual yrovfeimfordraming, cleansing, lighting, and pavwg-the <aty \\pt Dunedin, and for theT^nitawimto amend he . ; 'Cown Board Ordinance, 1865," and ]lex" ? u??^Sl As;ads.aad Streets Ordinance, 1&>5:" < Beit therefom enacted by the Superintendent^ of ■ ts e:|**" ,M* ofiOtego, with the advice and consent cf the Provincial Council thereof -as follows:—v' '-.-* y ';-vik^^L^^^ and: may'bk cited .and Tefemd to as the ' T"Dunedin Improvement -. Ordinance,' 1863."-- T.'''T.:tyV: l :T,:.v:-,;yC X 7' t TT ■■ ■_2. This Ordinance -shall come into force on 5 and after aday^to be: fixed by tbe Superintendent, by proclamaraation in the Provincial Government xG'asette, -which proclamation shall not be made unless arid until tne Governor shall intimate that he has left this Ordinance to its operation. Arid the • Membere- of r the Town Board of Dunedin; elected under the said first recited Ordnance, shallsuperinterid the execution of thiy^Ordmance until the election* of their successois n office under tki3 Ordinance. ••"...'• Xx.:'-.- '<:' • " / :-" 3-'.^™,^dr q^.tlieTddte;ui^n>Mchthis' Ordinance shall come mto operation'in mariner aforesaid, sufh parts of th.j said tworecited Ordinances aa are repugnant to and inconsistent' with this Ordinance shall be and the same are hereby repealed: Provided' always taat,except in ta- far as hereby repealed, the said recited Ordinances shall be effectual to all intents and purposes, as if this Ordinance had not' been .passed.;-- ;,. - .-, : ..-..-:- ■■■ y.yy-.. y-y.y- ■_■ after the passingof this Ordinance, the Board .shall divide the said City unto Wards or Districts, and fix and determine'the-boundaries' thereof; and itshall be lawful for the Board to alter, vary, add to, or diminish the boundaries arid extent of thesaid Wards, or any of them, and to vary tlie number'pf. said Wards, iri such manner a"? the state of the. population thereof, or other circumstances, • shall appeur to tbem from time to time to require ; and the boundaries of the Wards shall run along the middle of the streets by "which they m-e declared to be Iwunded, except when the contrary is : specially mentioned: Provided always that such Wards, and bouudaries thereof, and any alterations thereon, shall be intimated by advertisement, to be made in_the Roviricial Government Gazette" and in newspapers published in Bunedin. y5. Immediately after the parsing of this Ordinance and the division <>f the siid city into Wards, aa hereinbefore directed.:and yearly thereafter as the Board shall direct, the Board shall cause to be collected the Names aM Residences of every person in each Ward, who may be liable to be rated, "as herehiafter mentioned, in consideration of any Jands, buildings, and hereditaments owued or occupied by him, and situated within the boundaries of any such Ward; and shall cause a list of suea 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 the Board will attend to hear any objections that may be made to such lists; and at the tibae and place so named, the Board shall attend, enquire into, hear and determine any objections; and the decision ofthe Board shidl be final and conclusive in regard to any and every objection made agninst every such list; aud the said lists, when thus settled and revised, shall be 'transcribed in a hook to be called the Rate-payers' Roll, and shall be lodged with the books and papers ot ■ the Board ; and if at any time after the completion of such Bate-payers' Roll any person not behig liable to be placed on such Koll at the time of its completion, shall thereafter become liable to be rated for or on account of any lands, buildings, and hereditaments owned or occupied by him within any such Ward, it shall be - competent for such person to apply to the Boaid to have his name inserted in the Ratepayers' Roll for the Wordin which such premises are situated; and if it shall be made to appear to the satisfaction ofthe Board that such person was not at the time of the compiling ox making the Rate-payers' Roll 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 bC placed on the Ratepayers' Roll tor the Ward or Wards in which he is so qualified to vote. 6. The Members of the Board to be elected under the authority of this Ordinance shall be ratepayers upon the ratepayers' roll for any of thesaid Wards, §nd shall be elected by a majority ofthe votes of the ratepayers on the ratepayers' roll forthe YVard for which tbey are elected. . y T. Every male peirson 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 ! on the ratepayers' roll for any of tbe said Wards, as ereinbefore provided, shall be deemed a ratepayer forthepmp^eof any such election for any Ward ou the roll for which liis nam^ so appei«B. 8. T here shall be three Member* of the Board for each Ward, whose election shall be made in manner as follows : The Clerk to the Board shall prepare a book for each Ward, and shall direct a Clerk to attend at some convenient place in or adjacent to each Ward, upon the first Monday in the month of December in every year, and the Bate-payers in each Ward intending to vote iv such election shall appear personally at such place, and the names of the persons voted, for &nd the names- of such voters shall be inscribed in the said beck by the Clerk, and subscribed by each - voter. ';. y ... 8. At any such election, ifc shall be competent for any candidate or Ratepayer on the Ratepayers* Roll for the Ward to, object to any person tendering his vote and before he bus voted, ouly on the ground-tliat such person is "not a Ratepayer on the Ratepayers' Roll for the Ward, or has voted before at the same election; and on such objection being taken, the Clerk acting at such election shall register such vote, but shall at the same-time make a memorandum of the came of such voter, and report such objection to tbe Clerk of the Board, ia the Register Book as herein- ; after directed: Previded always that no elector shall have more than one vote in the election for a Ward without prejudice to bis voting in any other Ward or Wards if qualified as aforesaid. 10. Every such Election shair commence at nine o'clock in the morning of'the day ou which it is to take place, aud shall continue until eleven o'clook of the said day ; after which no new Candidate shall be voted for, and if at such last-mentioned hour the names of not more persons than ...fhe ..number to.be elected shall be inscribed for the office in each Ward respectively, the election in such case shall be declared to be at an end and no Votes shall thersafter be received; but if the names of more peraonsthag the number to be^eiected shall be so inscribed then the said Book eb'all remain open until four o'clock of the said day, after which uo votes rJiall be received (except those of such Electors as may bo within the Polling Place waiting to tender their Votes), and the Election shall be declared at an end: Provided always that it shall be in the power of the pereons voted for by a writing under their hands to terminate- the Polling afc any time of the day after eleven o'clock, 'hey 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 intimation to be made by advertisements in newspapers published iv Dunedin, and in such other manner as thfc Board shaU deem proper, of the days and places of election.'':""■":" ' -,-,...-.. -vy--.' < 12; At the expiration of the, period so fixed within which siich Elections shall take place, the Clerks anpointed toattend the same shall deliver the said books to the Clerk of'the Board, who shall make up^ and .write in, each of' the said books a state of the votes in tlie Ward, and shall affix to the door of his office, witliin two days thereafter, the names of the ; Ee?«j}i3 having -the majority of votes,; who shall be ; eld to be elected as Memberp of the Board ; the • said books iv which the names and votes are inserted, in mariner above described, shall remain, open and " patent for the inspection of all concerned, at the office . ef the Clerk of theßoard,-'for four days after every : uch Election. 13. If any person shall, at-any time, obstruct, hinder, or molest either any Elector in giving his vote, or the Clerk acting aftmy Election, in the performance of Iris duty, every pereon so offending shall, upon ''conviction' before a Justiceyof the Peace,"; be liable to a penalty of one pbnnd for each offence; and if any person not qualified to vote shall nevertheless vote atony such iaectioii, every such person-so offending shall, upon conviction m aforesaid,, be liable to a penalty not exceeding two pounds for each f''Offence ■"_ :-:--';::: '--':-T: y-.^ . f;-:" V'X'.'7:', i'7„..i IL' It sball be competent.to any person who cira- ": siders that >he-, outfit to have been as a lieriiber of the Board,-to complain against the Clerk's return, provided the complaint be. made by 'petition to the Beard, signed by the coriiplainer, or by some eKon on his behalf, and lodged with the Clerk to the aril,' within four lawful.- days * after ■ the Elesß'tfon"; and on: suchi petition; being:' presented, the Bptud ißhailremittoa Committee of five of their numbei? to i "inquire into the merits of such disputed Election, and report thereon; to a subjequenfe meeting jof ' the Boai^, and the determiuation.qf ;the. Board on •• upon report shall bey final arid conclusive j? arid.^ if, * and the clerk's report, or upon a scrutiny dcariaaded. and the said Committee's report, ihere; shall be found to be an equality of votes at any ofthes^d Eieclionß, tfie Board shaU determine which of the Candidates ' ; shBU be preftra^^-TToi-^T-;:;.:^;^

isls^QneofTtbethree Memberajelectedfor each Wara : shall* aririradlygoi out of office, and the Board shall . cause the order of their fretiremeht to be determined by Ballot, not Jess thau.thjrty days previous thereto j land any member retiring asj aforesaid shnll, if duly ,yqualified,beeU^bleforre-^ectio!i.. , L -16. When the office of,a Member of the.Board -* ishall become vacant, by death, resignation, nonI disqualification, -or in any other way, the Clerk shall, at the fiist Imeeting of the Board after the ocourreuce of such vacancy, or after the same t i shall have become known lo him, report such vacancy,: 3 [that, a i day may be fixed fat the election of a new member, to supply the said vacancy, and shall intimate such election.by advertisement, and the election 1 shall proceed in all respects; as in manner herein ■ provided in k the case of annual elections; and witliin ; two days after such election,;the Clerk>hallaffix |on the: door of his .officii the name; of: the person elected, and it shall be competent,to any pe'sonwho that he .ought to have' been returned jas the peison elected, to,complain, andibr the Board to proceed in regard to such election n-monner hereinbefore directed in the case of complain'^^^ ielections: Provided" always that such petition and be lodged with: the Clerk ibefore the first Expecting'of the Board after such election. 7. '7-:'7-x ' »17. General Meetings of tlie Board sliall be held ia the Months of January, Ajiril,:JTuly, and October, lor ■putting the Pbwerscominitted to the Board in execution; and all such" meetings- shall be called* ond the proceedings thereat shall fe<j conducted in the manner set forth m 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 appointed forsuch election, it shall be lawful for the Board to nominate and ■ appoint qualified persons to be such Members, and such members, when so nominated and appointed, shall have and enjoy the same powers and privileges, and shall remain the same time in office, as if tliey had been duly elected by the electors in such Wards. T 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 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 tlie execution of this Ordinance, and the said other Ordinances, and to remove or suspend them at pleasure, and fix and regulate tlieir salaries aud wages, aud to estimate, assess, levy, raise, and apply, or cause to be estimated, assessed, levied, and applied, tlie sums of money hereinafter nutiiorised to be assessed, levied, raised, and • applied.-. 20. The Board sliall, and they are hereby authorised and required to provide all necessary iinplemc U, and take all necessary measures for watering, sweeping-, and cleansing tlio street*, at such times and in suck manner as their Inspector of Cleansing shall direct, and to enter into contracts for suehpm- ; poses, and for the sole or disposal of tlie sweeping ol the streets. 21. Ifc shall be lawful for the Board to make provision for lighting the streets, in such manner ami to such extent as to the Board aha!) appear suitable; to provide, erect, and maintain such a number of lam^s, lamp-posts, and lamp irons, and other appurtenances as may be necessary for that putpoMS; to Jiv,ht, ov enter into contracts for lighting aud causing to Tse lighted, such lamps, by meanis of oil or gas, or srch other light as they may find expcd: e» t; and to order the lamp-posts, lamp-iron s, and lamps, to be fixed either on tbe sides of the streets or upon the curbstone of tbe pavement, or footpaths, or in or at tlie walls of biddings, upon indemnifying the owners or occupiers for any 'damage dove, the amount of winch, in the event of dlffe.-ence opinion, to be iixed and determined summarily by tlie Resident Magistrate. 22. It shall be lawful for the Board to make and enact, and from time to time to alter, amend, and re peal, Kules, Regulations, aad Bye-laws relating to th cleansing, lighting, paving, causewaying, metal/in^ and repairing of streets; the making and repairing of common sewers, drains, privies, aud uriuat*; the preventing and suppressing of mmances, annoyances, and obstructions, aud the promoting of health within Dunedin ; oihT the proper management of tlie Fire Engine Establishment: Provided always that auch rules, regulations, and bye-laws shall not be inconsistent with, or repugnant to,, any Act or Ordinance in force within the Province of Otago. 23. It shall be lawful for tbe Board to impose and exactrsuch penalties, fines, and forfeitures for tbo infringement and breach of any such bve-lawit as Bhall seem to them fit and reasonable: Provided always that po such penalty shall exeted, for any one offence, the sum of forty shillings, and m the «we of a continuing nuance, the suiu of five shillings for every day during which such nuisance shall not,be abated. 21. No bye-law made under the powers herein contained shall be of force until a copy thereef, certified by the Clerk to the Board, shall have been inserted once in newspapers published in Dunedin, and sliall have been coofiimed by the SuSuperintendeut; and if the Superintendent shall disallow the said bye-law, or any part thereof, such byelaw, or the part thereof disallowed, shall not come into operation, and any such bye-lawa so confirmed shall be published in the Provincial Government Gazette, arid shall have full force nnd effect. 25. It shall be the duty of the Inspector of Lighting and Cleansing to attend to the due fulfilment ot all contracts made by tbe Beard as to Lighting and Cleansing; to cause to be removed from the streets all dung, soil, dirt, ash©* and filth; to see that all I^amps be lighted and kept lighted for the due time, and kept in all respect* in. proper order; to receive and forthwith communicate to the Board and other Authorities auy complainta or remonstrances relating to Nuisances and the G'eansing and Lighting of the streets, -with the result of bis own enquiries on the subject; to enforce all the Regulations aad Provisions for the prevention of Nuisances, and the promotion of the health nnd comfort of the Inhabitants ; and generally to obey all the Orders, Instructions, and Regulations which may from time to time be < made relative to the execution of his duties. i

26. 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 ia such a filthy or unwholesome condition that tlio health or any person is affected or endangered thereby, or that the whitewashing, cleansing, or purifying of any house ov part thereof would tend to prevent or check infectious or contagious disease, the Board shall give notice in writing to tlie owner or occupier of such house or part thereof to whitewash, cleanse, or purify tbe same as the case may require; and if the person to whom notice fe co given fail to, comply therewith, within such time as shall be specified iv tbe 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 tbeai in so doing shall bo repaid by the owner or occupier in default, and be recoverable from either of them in a summary way, '27. No noxious or offensive business, trade, <r manufacture shall be established iv any building or place within the City of Dunedin, after the passing of this Ordinance) without the consent of the Board, who may either refuse such consent orgnmtthe same upon such conditions for the observance of such Regulations^ they may deem ; proper, in order to prevent or diminish the noxious effects of any such business; and whoTsoever offends against this enactment shall be liable for each offence to a penalty of Five Pounds, and a farther penalty of. Ten Shillings for each day daring which this offence is continued. 28. The S uperinteudent shall cause to be prepared by the Provincial Civil Engineer, upon a scale to be prescribed by the Superintendent, a Mop or Maps ex- : hibiting a system of Sewerage for effectually draining ; the Gity of Dunedin; and a copy of such Map shall : be furnished to the Board and kept at the office of the - Clerk of tlie Board, and shall at* all reasonable times be open to the inspection of the Ratepayers oi 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, shall be entirely , under the management and control of the Board. 30. Thrßoard from time to time shall cause 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 '< intend^for a sfereet, or,under any,cellar or vault which may be under the pavement or carriage way of \ any street, and'after reasonable notice in writing in T that behaft into^ tbroughior under any land whatso- ; ever should Such be necessary .• Provided always that ' all such Sewers to be hereafter iaadeßhaU be made in ' accordance with the system of drainage to be exhibited ' bytho Map or Maps thereinbefore,, mentioned, nnless any deviation therefrom shall be sanctioned by the Superintendent, and until such Map or Maps ore prepared, shall be made witb the approbation and consent ol tfio Superintendent. 31. The Board may from time to time repair, enlarge, lessen, alter, arch over, or otherwise improve all or any ot the Sewer.* under their management and control, and discontinue, close up, or destroy such oi them as they may deem to have become unneces- j ary: "Provided always that the discontinuance of sany Sewer shall be done with the approbation and empent ofthe Soperinteade»t and so osnottocreat * -•. • i . . j - " ,o; -, . . .'-

Nuisance; and if, by reason .there of any person is epvived of the lawful use of any " wer, the Board dall provide some other Sewer as effectual for his use h the one of which he h» 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 to health, and to be properly <deared, cleansed and emptied, and for the purpose o£ cleansing and emptying the same, they may construct and place-either above or under-grouud such reservoirs, sluices, engine", or other works as may be necessary, and may cause all or any ofthe said Sewers to communicate with and be emptied into such places as may be fit and necessary, aud may cause Sewage ami rtf ise therefrom to be collected for sale or any purpose whatsoever, but so as not to create" a Tf uteance. 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 caiw any building to be erected over any such last mentioned Sewer, nor to cause any Vault, Arch, or Cellar, to be built or constructed under tho pavement, footway, or carriage way of any .street, without the writtenconsent of the Hoard first had and obtained;: And whoever offends against this enactment shall fdirfeit to the Board the sum of Twenty pouds, and Ta further penalty of Una pound for every day during which the offence is continued, after nolica#in writing from the Clerk to the Board iv this behalf; and if any?sewer/ drain; building, vault, arch, or cellar.shall be made or constructed contrary to this enactment, the Boaird may cause the same to, be altered, pulled-down, or otherwise dealt v m they may think St, arid the expenses incurred by them in to doing shall be repaid to them by the ohender or recovered from him.'---34..... Any owner or occupier of premises adjoinrs * or near to but beyond tie limit* of > the City of Dp i> edin, way cause any Sewer or Drain of or from s'ech premises, to communicate with.a^y ,:Sewer of tie Board, upon such^termi and oon-at'oas as shall be agreed upon between such owner orttceupier, wid the iJoard, or ;n ca/je of dispute, as ahnll be settled by the Superintendent, whose award aballie final and conclusive. - '-~..\-. :,yy, '...,, .y- . ' 35 It shall not U-> lawful newly to erect or to rebuild any bou«e or to occupy any house so newly erected or rebuilt, unless and until a covered drain or drains be constructed of such size" and materials nnd at such level and with such fall as to tlie Board sliall appear to be necessary and sufficient for the proper and effectual drainage of such house and its appurtenances; and the drain or drains so to be constructed sliall lead to and eomiunuieate with a Sewer or the Hoard, or such other means of drainage as the Board shall direct if the same exist within one hundred feet ofthe site of such house; and If no such Sewer or means of drainage be within that distance, then the 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 dhtenee from any house,-aa-the Board shall direct, nnd whosoever erect* or rebuilds auy house, or occupies any b-mse contrary to this enact neat, sliall be liable for every such oiienc to a penalty not exceedng Ten Pounds. 38. If at any time it appears to the Board that any house, whether built before or alter the passing ot thia Ordinance, is without any drain or drains suffi- • cieat for the proper aad effectual drainage of tbe same ( and its appurtenances and if a sewer ofthe Board or other roes us of drainage be within one hundred feet of any part of such hou-se, they shall cause notice ia writing to be given to tha owners or occupiers of such house, requhiuj him forthwith, or witbfo such reasonable time as shall he specified therein, to construct and lay down in connection with such T house, and one.of those means of drainage, ono or more covered drain or drains, of such materia! and size, at such level, and with such fall as shall appear to be necessary; and if such notice shall not be com. plied with, the owner shall be l;aWe to a penalty not exceeding Ten pounds, and the Boanl may, if they tjialt think fit, cause tlie work to be done, and the ezmmta thereby incurred by them shaU be recoverable from the owner. 37. It shall not be lawful newly to erect or to rebuild any house without a sufficient water closet or privy, and whosoever offends against this enactment shall be liable to a penalty not exceeding Ten pounds; and if ataav time it am>>f»* to tho Board that any house, whether built beioie or alter the passing of this Ordinance, baa not a sufficient water closet or privy either witlun the house or in the back yard thereof, the Board iliall give notice in writing to the owner or occupier of such bouse, requiring him within such reasonable time as shall be specified therein, to provide asuflicient water c'oset or privy; and if such notice be not.compl:ed with, the owner shall be liable to a penalty not exceeding Ten pounds; and the Board may, it tbey shall think fit, cause to constructed a sufficient water closet or privy, or such other works as the caso may require: and the experuses incurred by them in so dom& ahali be recoverable by them from thej&wner : Provided always, that when a water-closet or privy bas been and is used iv : common by tiie inmates of two or more bouses, or if, in the opinion of the Board, a water-closet or privy may be so used, they need not require the same to be provided for each house. 38. The level of the streets shall be fired by theßoard, and fourteen days at the lea&t before beginning to dig or lay out the foundation far any new. house, or to rebuild any house, the person Intending so to build cr rebuild shall give to the Board written notice thereof, together with tlie level or intended level of the cellars or lowest fioor, and the situation and construction of the privies and cesspools, to be constructed or ueediu connection with such house. And it shaU not be law- * fulto»>egm such works until the partici^ars so required to bo stated Jiave l^eu jipptoved by the Board; aud in default of such notice, or if any such house- , privy, or cesspool be built or rebuilt without such approval, or in any respect contrary to the provisions ■ ot this Ordinance, the offender shall be liable in a penalty not exceeding gay pounds; and tiie Board may, if tbey think fit, cause such house, privy, cr cesspool to be altered, palled down, or otherwise dealt i with as the case may require, and the expenses io- ', curred in so doing shall be recoverable from tbe < offender: Providedalway*, that if tbe Board fail to , signify their approval w disapproval of the said par- | ticolara for the space of fourteen daya alter receiving : such notice, it shall be lawful to proceed according to ! \ such notice, If the same be otherwise in accordance - with the provisions of this Ordinance, or any other i Act or Ordinance in force at the time. , 39. It shall be lawful for the Board, and they are hereby authorised and required, to provide and have ' at all times a sufficient establishment of fire engines, pipes, and appurtenances, to be used for extinguishing; fires-withm the limits of Duuedin, and beyond the same as hereinaft,;' provided. 40. The Board shall appoint on Inspector of Fire Engines, who shall have tho charge of the said engines, pipes, and otber appurtenances : and shall also appoint such number of firemen as the Board shall think fat and expedient for working the same in a proper manner, and for assisting in extinguishing fires, and shall make such rules aud regulations for ■ the said inspector aud firemen as to the Board sltall seem proper.- -y- -•-■ ■ - - - — --■■ ■-■ - '41.'The expense of providing, keeping, and maintaining the said engines, pipes, and appurtenances, and paying the said lus pec tor and firemen in so far as not otherwise contributed, shall be defrayed from the rates for miscellaneous expenses hereinafter authorised to be mode and levied. . _ 42, It sliall be lawful for the Board upon application made to them, or tothie gaid Inspector or other person 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 be sent beyond the limits of Dunedin for the purpose of extinguishing fire: Provided 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 centum upon the gross amount of Buch expense, a* 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 . expense shaU be ascertained by accounts thereof signed by the Baid Inspector of fire engines, and approved by the Board or their Committee in that de:pavtmcnt,and doqueted 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 paidby them or any of them from whom the Board may recover or receive the same, and the Board shall have power to modify said charges when they .see cause. y ... ■, « 43. The Board may with the approval and consent lofthg Superintendent, provide the City of Dunedin .with such a supply ot pure and wholesome water, as jmav be proper and sufttcient for the purposes of this iOrdinauee, and for private use, wid for that object Lthe Board may with such approval arid corsent, enter into contracts for the construction,1 loving down, nnd mointai- gof such works, matters audi things, as shall be necessary and proper. ■■■■"' ''■*:- : c 44. The Board may, If they think fit, supply water from any such water-works constructed by them pder thia Ordinance, to any public baths or wash houses, «r,,for r trading end manufitcturing purposes. upon such,terms and conditions as may be agreed upon between the Board and;the persons desires of being so supplied. ;> -,- r . y .■.,-;;.;•;,-iy;, ~;; , ; , -,.. yy 145. Theßoard may cause all existing public pumps, wells, streams, conduits; and aqueducts,<used for the gratuitous supply of water to the inhabitants, to be outmued aad for that purpose may, if they shall

i think fit," construct any number of cisterns, pumps, , I weUsj'conduils/ahd works."" """* •-~ * '- ', ! 4 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, tlie Board, or shall .unlawfully > divert or* take water from any such works, or do or [ suffer to be done any act cr thing whereby any water . contained,in any such cistern, well, reservoir, con--1 duit, aqueduct, or other water-works, shall be fouled or rendered unwholesome, shall for every such offence forfeit a sum not exceeding Pive 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 aud other.premises, for tho purpose of being used as Public Walks and Pleasure Ground*, and support or contribute towards any premises provided for such purpose. , , 1 _ 48. It shall be lawful for the Board to license from time to thnc such number of carts to ply within the city of Dunedin, and to make such rules arid rejrula--1 tions with reference to the licensing ofcarters, theplaess. 1 where they shall stand, the rate* they shallireceive, the ; distance they shall be compelled to go, and such other matters as may tend to the public "convenience in re--1 gard to .tliem as the Board may see fit; and any carter plying without a licence, or otherwise, offending against any such rule or regulation, shall on conviction pay a penalty not exceeding five pounds: Provided, always, that no such rule or regulation shaU have force or effect, unless and until the «mie shall be allowed by tbe Superintendent, and published in the Poovinetal Government Gasette. . r . ~ .y, 49. All tlie sumiof money, including office^ salaries and all other expenses required for the purr*f *ot the " Dnnedin Road* and Streets Ordinance, 18JV and this Ordinance, shall be defrayed cut ot the Assessment authoriifd to be made and' levied by tlietwelflb clause orsec.ion ofthe said first mentioned Ordinance; but at any meeting of the Board convenened for the purpose of making or considering such assessment, the Board sliall estimate and fix such sums of money so required and necessary to be levied under the several haads of Lighting, Cleansing; and Miscellaneous Expenses; nnd the assessment so authorised to be made and levied shall be made and levied rateably tor these several purposes, and shall not in the aggregate exceed, in auyonevear, the sum specified in the aforesaid section of the said firet mentioned Ordinance, "y ■ 60. It shall be lawful for the Board, at any meeting for making oreonaidering such asseasmentto exempt ior a time, or from time to time, any street*, lauds, and houses, from all or any of the regulations in regard to lighting aad cleaning respectively, established or hereafter to be established by or in pursuance of the <* Dunedin Roads ami Streets Ordinance, 1855" and this Osßannce; and any such streets, lands, and houses, if so exempted from all such regulations, shall, daring the continuance of such exemption, be free from payment of any part ofthe assessment authorised to be levied for liquidation of tbe expense of lighting and cleansing; but in the event of any such streets, lamb, aad boiwea being only partially exempted from such regulations, then such streets, lands, aad houses so partially exempted, shall be liable in jjavment of *>uch 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 expend attending the making, enlarging, altering, corering, or enclosing any tewer of the Board, or ia or about any otber w«>r*B, matters, and things of & permanent nature, aud executed or dove for the benefit of any district or part of any dUtriet, wbeiher forming one or several wards, or parts of one or of several wank, the Beard thai!, over and above the a«se*siaenU for the other purposes hereiubefore mentioned, aud in the same manner as for the said last mentioned assessment, make and leTf» i" respect of the premises situate in such district for the benefit or which the expcn*es are incurred or to be incurred, a rale or rates, to be called Special District Bates*, of such amoant a* will be sufficient to disclmrge tlie amount of such expenses, and interest thereon within sui*h period, not exceeding six year*, as the Board shall determine. 52. If it shall appear to a majority of not Sens than two-thirds of the rate payers, ownera, or occupiers of houses or lands iv any street or part of a street, or other described and defined pert of Dunediu, ata public meeting to be called on notice, as hereinafter provided, tliat tiie execution of particular works, matters, or things, which the Board have on good and sufflcieut grounds decline! to execute, would contribute to the health and convenience of the ia habitants of such part of Dunedin, tbe Board oa recaring security to their satisfaction for payment of the expense thereof, shall procure a plan and estimate of the cost of executing such works, and shall lay the *ame before another public meeting of such rate pavers, to be cal ed on notice as Is hereinafter provided; and If the same shall be approved aad sanctioned by a majority of such rate papers assembled at sach l3*t mentioned meeting, the board, on receiving security for the expense thereof, or In case tbe Boaril azree to bear any part of the expense, security for the remainder, shall cause the wont in question to be executed; and in tbe event of there not being voluntary contributions of adequate amount for the purpose, tho Board shall pay the cost, or tbe rate payers* pro[*ortian ofthe cost, as the case may be, out of a special rate to be made and levied in respect of the premises situated In the said part of Dunedin, in such manner as th c Board shall direct . 53. If any person shall think himself aggrieved by the decision of the Board, iv any case in wbich the Board are Mnpowerod to cause any work, matter, or thing Vi be executed and done, and uuespeci of which such pe-*on may be made chargeable to any special rate in terms of this Ordinance, or by auy decision of the Board upou the value at which his property is assessed for any special or otber rate authorized by this Ordinance to be levied, it shall be lawful for him at any time williin oue calendar month after public notice shall have been given by the Board of any such decision, to appeal to tbe Justice* of the Peace, and any three or more such Justices, rot being members of the Board, sliall have power to hear and determine the same, ard to award relief in the premises, as the justice of the case may require, and tbe decision of • such Justices shall be final and conclusive as regards the matkr of such appeal: Provided that tbe person so appealing shall give notice in writing to the Board of such his intenti >n of appealing, fourteen days before the holding of the Court, at wbich such appeal may be beard 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 be lawful for tbe Board, or a majority of members thereof assembled at a meeting specially called for the purpose, and at which not leas than two-thirds of their number shall be present, to authorize their Treasurer to borrow any sum or sums of money, not exceeding in the whole the sum of twelre thousand pounds, for the general purposes of this Ordinance, with power to the Board by a quorum of tbe 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 person or persons the assessments hereby authorised to be made and levied, until the sum or sums so to be borrowed, witb interest thereon, shaU be repaid and discharged. . - •-- ---55. In order to raise the money which may be required for the making, enlarging, altering, covering or enclosing any sewer of the 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 ofthe members thereof assembled at a meeting expressly called for the purpose, and at which not less than two-thirds of tbeir number shall be present, to authorise their Treasurer to borrow any sum or sums of money not exceeding in tbe whole, the sura 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 fuitber security to the person or persons from whom such money may be borrowed, to assign to such person or persons the assessments hereby authorized to be mode and levied, until the sum or sums so to be borrowed with interest thereon, shall be repaid and discharged. 56. No member of the Board or Treasurer shall be held or adjudged, to have made himself personally liable for the repayment of any money borrowed; or interest thereof, by reason of having signed any 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, the sum of one hundred pounds. All such forfeitures penalties, and fines, shall be recoverable in a summary way, and shall be sued for and recovered by, ! and paid to the clerk of tho Board, and sliall bd accounted for by h'uu to the Treasurer lof the Board, • and sliall form part of the funds for the general purposes of this Ordinance. 58. In all cases in which any notice is by tlds Ordinance required 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 L occupier (as the case may require) of tiie premises E (naming them) in respect of which the notice is given (hereinafter called the premises), without /further , name or description, andtbe notice shall be served i upon them or one of them, as the ease may require, s either personally or by delivering ? c same to tome 1 » iamate of Mb ortheir place of abodeor ia the case of

of the occupier, and also m the case of the owner, if his place orgbodc^lie^unlcrJownjrupon-any- inmate of the premises, ouiJf 4pfcv.be unoccupied and the S^J**®?*™ TKCwifcMrtni, it.abaUL be.aaflicient-to fix the jaetice upon some conirpicuous part,of the premises; Provided always in the OS, no^t^> % owner, that* although his ' place "awde Be known- to'the Board, yet if it hZ not within Dunedm, it shall be sufficient to transmit any notice directed to him' by name through the Port ! ',??• F hen?Ter *J* wmm^ approval, or authori i ".toeljupenntendent is required by the provisions of this ordinance, tberesolutiongivingorrefuaingtiiesame shall be passed/with the advice and consent of the t Executive Council, and shaU be in writing under his i hand; and whenever the consent, approval, or authority ofthe Boaid Is so required, the same shall be iv writing under the hands of three or more mem bert, aud the Clerk of the Board. j 60. Nothing in this Ordinance shall be construed to render lawful any act, matter,- or thing whatsoever, which but for tbis Ordinance would be deemed to be I 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 fol--1 lowing words and expressions shall have the meaning hereby assigned to them, unless such meanings be repugnant toand inconsistent -with the context of the i subject matter in which such words or expressions occur; (thatis to say), The word " Board" ahaU mean tbe Town Board cf Dunediu for tbe time being. The word "street" shall include auy road, bridge, footway,' pavement, court, alley, or passage, whether a thoroughfare or not, and the parts of • any ouch road, bridge, footway, pavement, court, alley, or passage, within the city of Dunedin. ; The^ word "drain"^shall mean and include any ." - drain o£ arid used for the drainage of one building only, or premises within tlie same curtilage, and ' made merely for the purpose of communicating therefrom witit a cess-pool or Other like receptacle for drainage, or with a sewer into which the drainage or two or more buildings or promises occupied by different persons is conveyed. The word "sewer" shall mean and includesewera and drains of every description, except drains to which the word " drain" interpreted as aforesaid > applies. .:■':■"■■ ;•'- •■'-■■. '■ Passed the Provincial Council tins eighth day of May, One thousand eight hundred and sixty-two.' ALBX. BENNIE, Speaker. CHAS. SMITH, Clerk of Council. ' Duuedin, ninth May, One thousand eight hundrea and sixty-two.—l hereby declare that. I reserve this Bill for ths signification of the Governor's pleasure thereon. J. L. C. EICHAEDSON, Superintendent of the Province of Otago.