BOROUGH OF ASHBURTON.

Ashburton Herald, Volume I, Issue 186, 31 October 1878, Page 3 (Supplement)

BOROUGH OF ASHBURTON.

■NOTICE IS HEREBY GIVEN that at a'Epecial Meeting of the Council of the Borough of Ashburton, to be holden at the Town Clerics Office, Ashburton, on Monday, the Eleventh day of NOVEMBER next, at if even 'd Clock t tfi the Evening, the followingiJD-raft Bye-Laws will be taken into consideration, and, if then approved, will be adopted, namely. Streets,.-and Footways.—Porticoes, Projections, Etc. :\vord ;<< pOTtkip ; ” shall mean and include -every avning. porticS, porchi/yerandah, shed, shade, or covering upon or across any pubic footway, for the: purpose of shade or shelter, together with the support's, other than the building against which it shall be, of such portico. 2. Subject to the provisions hereinafter contained it shall be lawful; for the owner of any house or building, abutting .upon any public footway within the Borough to eject or place it or in front of such building and upon-pr across such footway,- such portico as the owner shall shall see-fit; ; ; ; \ 3. Every such portico shall be supported: by upright pillars or . supports, fixed on the outer line or kerb of the footway*, ' arid shall he; in; every part thereof of such height from’the gtound, hot- less 'than seven feet, and with the oillarS 6T* supports thereof, "shall "be of* such shape, figure, limensionsj and materials 'respectively, as shall have been ppointed, as-herein provided,- : T . : - : - 4. It shall be lawful for the Council of every Borough om time to time, to make regulations for all or any of the urposes following,’that is to say— For regulating, the height from the ground of such porticoes as aforesaid. . - For appointing the shape, figure, dimensions, and materials of'such porticoes. Ind there shall be deposited at the office of the Council, a plan and specification of such portico; as shall be appointed in any such regulation, and such plan and specification shall be referred to in such, regulation,: and shall be open for inspection by any ratepayer or person interested at all reasonable times without fee or reward. 5. If before the coming into operation of this subdivision in the Borough, any portico shall have been'erected or placed against of in front of any building, and upon or across any public footway, contrary to some Act or Ordinance or Bye-law, lawfully in force in the Borough, or in th§ city, town,. or place, converted into an original Borough, or if, after such coming into operation, any portico shall have been erected, or placed against or in front of any building, and upon or across any public footway, otherwise than as shall have been appointed by some regulation to be made hereunder, or if ahy projecting window, balcony, step, cellar, cellar door, or window, or step leading into any cellar or otherwise, lamp, lamp post, lamp iron, sign, sign post, sign iron, show board, window shutters, wall, gate, fence or opening, or any other projection or obstruction, placed or made against, or in front of any building within the Borough, after the ’ coming into operation of this subdivision, therein shall be an annoyance. In consequence of the same projecting into, or being made in or upon, or endangering or rendering less commodious the passage along any footway or street, it shall be lawful for the Council to give notice to the owner or occupier of such building to remove or to alter, so as to conform to such regulation, such portico, or to remove, or in such manner as the Council shall,;, by,.such notice require, to alter such projection or obstruction, and .such owner or occupier shall, within fourteen days after the service of such notice upon him, remove,. or . in manner aforesaid, respectively alter such iporticb Of such projection or obstruction as aforesaid respectively, and if the' owner or occupier of any such building neglect or refuse for fourteen days after such notice so served,: : toe removelsuch portico or such projection or 'obstruction,- or . to alter the--same in manner aforesaid respectively, .he shall forfeit a sum not exceeding five, pounds, arid a further sum not exceeding forty shillings for every- day / which sta projection or obstruction continues after : the:'expiratjbn of fourteen days from the time when,-he njay.be convicted of any such offence contrary to the. provisions of-this, section. 6. If before'tHe cdming^into’operation,of these bye-laws in the Borough any,portico'shall have been erected or placed without violation of any. bye-law for the time' being lawfully in force, 'against or .in front .of any building, and upon or across any public footway laid out as such hereunder or such portico’shall not be in conformity with some byelaws for the time being ir force, or if any such projection or obstruction as in the.last preceding section mentioned, which has been placed or made againsJ..orrJn front of any building before such coming into .operation, as aforesaid, shall be an annoyance as in the said£sectidn' mentioned, it shall be lawful for -the Council cause such portico to be removed or to .conform to such bye-laws (as the case may projecti'onbr obstruction to be removed or altered as they that the Council shall give notice of every such intended removal or alteration to the owner or occupier agaipst or in front of whose building such portico, projection, Or obstruction may be, seven days before such removal or alteration shall be commenced, and shall make reasonable compensation, to be ascertained and ordered, if the parties differ, by two Justices, •to every person who shall incur/any loss or damage by such removal or alteration, except'in cases where the portico, ; projection, or obstruction’shall have been erectedf placed, ’or made'without lawful right or against the law or may be removed' under some other Act or law, in which, case no shall be made. * 7*rEvery owner or occupier of any building against or m front of which there shall be any portico shall keep the same dean and in good repair, and it shall be lawful for the 'Council to give notice to any such owner or occupier to ‘clean .or repair such portico, if and as the same may require, :and every owner or occupier who shall neglect or refuse within seven days after the service of such notice to effect 'such Cleaning and repair shall forfeit a sum not exceeding forty shillings for every day during which he shall fail to effect the same. r ; • . Naming .Streets. .? 8.- It shall be lawful for the Council of the Borough, from time to time, to cause to be painted or affixed on a conspicuous part of some house or building, at or near each encf, comer, or entrance of every street, and in the direction ofMlineloffsifch-street, jttfe name of such stre'et, in legible characters, not exceeding three inches in length and propo^

tionately broad and near to each other, and the Council may, where more than one street in the Borough is called by the same name, alter the name of any or all of such streets save one (to be described in the order of altering the same) to any other name which to the Council may seem fit, and before any name is given to any new street notice of the intended name- shall be given to the Council, and ii there be any streets in the Borough called or about to be called by the same name the Council may, by notice stating that there is already a street in the Borough called or about to be called by The same name, and describing the locality thereof, given to the person by whom notice of such intended name was given to them at any time within fourteen days of the receipt of such last-mentioned notice, object to such intended name, and it shall not be lawful to set up any name-to-any-street-in the Borough until the expiration of Fourteen days after notice thereof has been given as afoiesaid to-ihe Council, or to set up any name objected to as aforesaid. . .. . 9.. If any. person wilfully and maliciously destroys, pulls down, obliterates, or defaces the name of any street in any Borough, or paints, affixes, or sets up any name in any street contrary to any bye-law for the time being in force, he shall for every such offence forfeit a sum not exceeding five pounds, and it shall be lawful for the Council to cause such name so unlawfully painted, affixed, or set up to be obliterated or : deStoyed. ro. The Council of the Borough shall cause to be kept a register of all alterations made by them in the names of streets, and such register shall be kept in such form as to show the state of every such alteration and the name of such street previous to such, alteration and the new name thereof. .’. SpoXjts and Drains for Houses, etc. 11. The owner or occupier of every house or building in, adjoining, or near to, any street within seven days next after the service of a notice by the Council for that purpose, shall put up a shoot or trough of the whole length of such house or building and shall connect the same either with a similar shoot on the adjoining house or building or with a pipe or trunk, to be fixed to the front or side of such firstmentioned house or building, from the roof to the ground, to carry the water from ' the roof thereof in such a manner that the water from such house or the shoot or trunk fixed thereto, or from any portico or projection therefrom, shall not fall upon persons passing along the street, or flow over the.footway, but so that no such pipe or trunk shall be an obstruction to the safe and convenient passage along the footway, and shall construct or lay from and in continuation of such pipe or trunk to the water channel, or gutter, herein called channel, at the outer edge of the footway, and- through, under, and transversely to the footway such covered drain or trunk for carrying such water to such channel, as shall.be authorised or directed by some bye-law in that behalf, and shall thereafter keep in good condition every such shoot, trough, pipe, drain, and trunk, and every such drain or trunk, shall be constructed, laid, and repaired, subject to the inspection of such officer as the Council shall have appointed in that- behalf, and in default of compliance with any such notice, within the period aforesaid, or with the provisions of this section, such owner or occupier shall forfeit a sum not exceeding forty shillings. 12. Every owner or occupier of land in, adjoining to, or near any street, if such land shall be so situated that surface or storm water from or upon the same overflows, or tends naturally, if not otherwise discharged, to overflow any footway of such street, shall within seven days next after the service of notice by the Council for that purpose, construct and lay from such point upon- such land being near to the footway as shall be specified in such notice, by plan appended or otherwise, and higher in level than the bottom of the channel at the outer edge of the footway, to the said channel, and through, under, and transversely to the footway, and keep in good condition such covered drain or trunk, as and subject to the like inspection as in the last preceding section mentioned respectively, and in default of compliance with any such notice, within the period aforesaid, or with the provisions of this section, such owner or occupier shall forfeit:a sum not exceeding forty shillings for. every day during, which he shall make default. - 13. It shall be lawful for the Council to make regulations for all or any of the. purposes following (that is to say)‘ ; ; ' \ -' r - For regulating the materials and the size, the level and ' **• F’’'' the face of ahy drain or trunk, to be laid or constructed under any footway, either absolutely ■' Or with relation to the level or fall of the foot- ; v ’ way or channel, of otherwise in like manner,.and so, if they-please, that such size be variable within limits prescribed in the regulation according to the -discretion of such officer as the Council shall thereby direct. Crossing over Footways and Channels. . . Every person who wilfully and without lawful Refuse rides or drives any horse or other animal, or drives or wheels any carriage, cart, or other vehicle, upon, along, or across any footway, 1 or any water channel or gutter herein called channel, by the sides of any street, save in each such case upon and by or at some crossing to be made, as hereinafter mentianed, shall forfeit a sum not exceeding five pounds, and shall also pay to the Council such sum not exceeding ten pounds by way of compensation, for any damage done by him to the footway or channel, as the Justice adjudicating upon the information shall, on the hearing thereof, Quier;^ i£., Iftrtny land shall front to, adjoin, or abut upon the fpptwSy ‘of any street, and if. access with horses and vehicles from such street to such land, or to some sufficient, way appurtenant thereto cannot be had without riding, driving, or wheeling the same respectively upon or across the said footjvay or channel, if any lying along the outer edge thereof, and if the owner of such land shall desire that a crossing for horses and other animals, and lor vehicles be made, as herein provided, over such footway and. channel, and shall give notice in writing of such his desire to the Council, and in such notice describe the land in question and the proposed work by reference to the specification deposited, as hereinafter mentioned, such specification being in accordance with the provisions hereof, and with such byelaws as may be in force in that behalf, it shall be lawful for such owner, after seven clear days from the giving of such notice,' and not before (with no unnecessary ; delay or obstruction), at his own cost, and under the inspection of such officer as the Council shall have appointed for the purpose ; to make such crossing according to the tenor of such notice and specification, and not otherwise, and the owner of speh land shall afterwards in like manner maintain the same. 16, Every such owner who desires, as aforesaid, that any such crossing shall be made, shall, before giving notice

to the Council, as herein provided, deposit with the Town Clerk a specification describing the proposed work with respect to each of the several matters hereby or by any such bye-laws in force in that behalf required or provided. |i7. Unless within the period of seven days after the receipt of any such notice as aforesaid, the Council. shall >ive : notice to the person giving the same that (if the fact be so), such notice or the specification referred to therein and deposited is not in accordance with the provision of such bye-laws, as aforesaid, such notice and specification shall thereafter, so far only as affects the liability of such persons to any penalty, be deemed to be in accordance tnerewith. . 18. In streets in which at the site of any such proposed crossing, there is a kerb of stone or wood along the outer edge of the footway, the crossing so far as the footway exte ids, shall have on both sides a kerb, not higher in ,any part than the surface of the footway, at that-part, and 'similar in all respects, to such . first mentioned kerb ; and suci kerb shall approach to and join the street kerbing in gentle curves outwards, and’ such crossing shall be of such width, and • the surface thereof, so far as the footway extends, shall have such inclination outwards, and be depressed so far below the footway as shall have been respectively appointed by some bye-law in that behalf, and shall, with respect , to the channel, be so laid or constructed as not to raise or obstruct the same or any part thereof. 19. In streets in which at the site of any such proposed crossing, there is no such kerbing as in the last preceding section mentioned, the crossing over the channel shall be such suitable bridge as shall leave a free passage for the water underneath the same, and shall be of such materials from length, size, strength, and fall as shall have been respectively appointed by some regulation in that behalf, and the surface of such crossing, so far as the footway extends, shall be so made good by paving, macadamising, gravelling, or otherwise, that the necessary traffic by animals or vehicles over the same shall not cause any damage thereto, but that such crossing shall be so sound and commodious for the passage of persons using the footway, as the other portions of such footway adjoining such crossing. 20. No person making any crossing shall be deemed guilty of an offence by reason only of some departure in making such crossing from the notice or specification relating thereto, unless the officers of the Council, appointed as hereinbefore provided, to inspect the making of the crossing shall have reported in writing such departure to the Council within three days after the same shall have occurred; and unless such person being served by the Council, within three days after such report, with a notice so to do shall, for the space of seven clear days after such notice, have, failed to correct or supply such departure. 21. If any crossing shall have been made in any respects contrary to this subdivision, or any bye-law in force hereunder,, it shall be lawful for the Council, if they shall see fit, to cause the same to be altered so as to conform to this subdivision and to such bye-law respectively, and to recover in manner in this Act elsewhere provided, the expenses of such alteration from the owner of the land to which such crossing shall lead, but they shall not so recover in those cases of departure from the notice or specifications which the Council or their officer might respectively have given notice of or reported but failed to give notice of or report respectively, in manner and within the time provided in the preceding sections thereof. 22. If any private street shall meet at an angle, the footway of any public street, and there shall be no crossing upon and across such footway, and the channel adjacent thereto from such private street to such public street, it shall be lawful for the Council, if they shall see fit, to make.in accordance with any bye-law. in force, in that behalf, a crossing upon and over such footway and channel of the description hereinbefore provided with respect to • other crossings, and to recover from the owner of each of the tenements abutting on such private street such portion of the expense of such making as shall bear to the whole of expenses the'same proportion as the rateable value of such tenement bears to the whole rateable value of all the tenements so abutting. 23. If any crossing across or over any footway or channel to any land or way appurtenance thereto, or to any private street, shall have been made before the coming into operation of this subdivision of the Borough, but shall in any respect not be in accordance with any bye-law made hereunder, the Council may, if they shall fit, cause the same to be altered so as to conform to such regulation; and if such crossing shall have been made contrary to any bye-law in force at the time of making the same, the Council may recover the expense of such alteration, in manner in the last .two preceding sections mentioned, according as one or the other may be applicable to the case. 24. If any crossing shall be out of repair, and the person liable hereunder to maintain or repair the same shall, for seven days after notice from the Council to that effect, neglect properly and completely to repair the same, he shall forfeit, for every day that such crossing shall remain so unrepaired, a sum of forty shillings, and the Council may, if they shall see fit, effect such repair, and recover the cost of the same from such, person before any Justice. 25. It shall be lawful for the Council from time to time to make regulations for all or any of the purposes following, that is to say—For regulating the width, depression, or inclination of crossings across or over footways and channels, and the materials for making and constructing the same; the mode of laying and bedding such materials ; the length, width, size, strength, and fall of bridge crossings, and the said inclination and fall, either absolutely or with relation to the levels, inclination, or fall of the footway or channel, or otherwise in like manner. Cost of Constructing Footways. 26.. One-half the cost of constructing footways on one or both sides of any streets in the Borough shall be a charge upon the owners or occupiers of the lands and buildings fronting on such footways. If any owner or occupier, liable for the payment of any part of the cost of constructing the footway adjoining any lands and buildings, shall fail to pay the same on demand, he shall be deemed to be guilty of a breach of this bye-law, and shall, on conviction thereof, be liable to a penalty not exceeding five pounds. Deposit or Discharge of Rubbish, Liquid, &c., on Streets, &c. •27. Every person who causes to run, from any manufactory, or any establishment for the boiling or preparing of any animal matter, or any brewery, slaughter-house, butcher’s shop, or any dunghill or other receptacle, or from any inn, into or upon any street, public or private, or any footway or channel, and every occupier of any land or premises who causes or-. permits .to run, , from such land or premises, into or upon any street, footway, or channel, apy offensive liquid

or matter, shall, for every day during which any such liquid or matter shall so run, forfeit a sum not exceeding five pounds. Depositing Building Materials, Excavations, &c. 28. Every person who throws or lays any building or other materials, or building rubbish, or puls up, or constructs, or erects any stage, scaffolding, hoarding, or fence, in, upon, across, or over any street, footway, channel, or public place, save in lawful execution of the powers given-by this subdivision, shall forfeit a sum not exceeding ten pounds, and a' further sum not exceeding forty shillings for each day during which such matter or thing, or any of it, or any part thereof, ; is suffered to remain in or upon such street, footway, channel, or public place. 29. Every person who shall intend to build or take down, or cause to be built or taken down, any building or other, structure whether over or underground, or to alter or repair, or cause to be altered or repaired the outward part of any such structure within any of the cases aforesaid, ten feet of any street or footway, or who shall have a license for constructing any stage or scaffolding or depositing any building or other materials,' or building rubbish upon or across any footway or street, shall, before beginning to execute such work or to do such act, cause to be put up so as to separate from the street and from the remainder (if any) of the footway so much of the premises where the work is to be executed as fronts the site of such work, and the area upon which, according to the license, such stage or scaffolding is to be constructed, or such materials or rubbish are to be deposited, such sufficient hoards or fences, together with such convenient platform or handrail, if there be room enough to serve as a footway for passengers outside of such hoard or fence as shall be respectively approved by such officer as the Council shall have appointed in that behalf, and shall continue such hoard or fence, with such platform and handrail as aforesaid, standing and in good condition, to the satisfaction of such officer, during the time ; limited as aforesaid in the said license, or the last renewal thereof, and for such longer time as the further safety or convenience requires, and shall in all cases in which it is necessary, in order to prevent accidents, cause the same to be sufficiently lighted from sunset to sunrise, and shall remove such hoard, fence, platform, and handrail, and make ' good the footway and street within a reasonable time after the provisions of this section have been fulfilled..... 30. No person shall execute, or begin, or continue to execute any such work as in the last preceding section mentioned, without having given to the Council such notice as therein provided, or until the expiration of forty-eight hours after giving the same; and every person offending against the provisions of this section, shall forfeit a sum not > exceeding five pounds for every day upon which he shall so J| offend. 31. It shall be lawful for the Council having received any such notice as aforesaid, to grant, if it shall seem to. i them fit, to the person having given such notice, upon payment by him of the sum of five shillings a license in the appointed form under the hand of the Town Clerk, authorising such person to construct such stage .and scaf- . folding as the proper officer of the Council to be appointed in that behalf shall require or permit, and to deposit building and other materials and building rubbish upon or across,.in each of the cases aforesaid so much of the footway adjoining or in front of the site ol the intended work and so much of the street adjoining such footway, and to keep and ‘ continue the said stage, scaffolding and materials or. rubbish,, so constructed or deposited respectively for such time, respectively as shall seem fit to the said Council and be specified in the said license, and the Council may, if it . shall seem fit, renew such license or grant a fresh license to . such persons from time to time, and such person may. thereupon, from time to time, do the said acts according to ' the tenor of such license. 32. Every person who executes, or begins, or continues to execute any such work as in the last section mentioned, or who being licensed thereto, constructs, or begins, or continues to construct any such stage.or scaffold-, ing, or deposits, or keeps deposited, any -such material or, rubbish upon or across any footway or street, without,having m any of the cases aforesaid put up such hoard or fence or such platform with such handrail as aforesaid, or continuing the same respectively, standing and in good condition as. 7 aforesaid during the time aforesaid, or without keeping the said hoard, fence, platform or rail, and each part thereof respectively while the same are standing, sufficiently lighted from sunset to sunrise, or without removing the same within ’ such reasonable time as aforesaid, or without making good . the footway and street after such removal, shall lor every such offence forfeit a sum not exceeding five pounds, and a . further penalty not exceeding forty] shillings for every day while such default is continued. 33. Every person licensed as herein mentioned to construct any stage or scaffolding, or to deposit any materials or rubbish, shall remove within a reasonable time after the time limited as aforesaid in such license, or in the last removal , thereof, all such stage, scaffolding materials, and rubbish, and shall make good the footway and street, and if any such . person shall fail in any such case,to comply with this section he shall forfeit a sum not exceeding, five pounds and a ■ further penalty not exceeding forty shillings for every day while such default is continued. , j \ 1 '"*X 34. Nothing herein contained shall render it lawful to ; construct any stage or scaffolding or, to deposit any materials or rubbish or to put up any hoarding or fence, platform or handrail as aforesaid, or all or any of them, so that the same shall extend or be across or over or upon any street further from the inner edge of the footway than one-third of the whole breadth of such street or in any case so as to render the street, exclusive of the footways, impassible for carriages or so as to obstruct the channel, ... 35. If any person who ought under this bye-law to remove any matter or thing, or to make good any footway or street, shall fail to do so, whether or not such person shall have been convicted or not of any offence under this 'A bye-law, the Council may remove such matter or thing oih make good such street or footway, and may recover expenses of so doing from the person so making before any Justice. Lighting of Obstructions Generally. 36. When any building, materials, rubbish, things are laid, or any hole made in any-street or-TaHHH|| whether the same be done by order or authority Council or not, the person causing such materials or things to be so laid or such hole to be made, own expense cause a sufficient light to be fixed in a" proper ■ place upon or near the same, and continue such light every « night from sunset to sunrise while such materials or hole 1 remain, and such person shall at his own expense cause ■

material and other things and such hole t 0 be fenced and enclosed until such materials or other removed or the hole filled up or otherwise made Recure, and every such person who fails so to light, fence, or enclose such materials or other things or such hole, shall fo every.such offence forfeit a sum not' exceeding ten poun s, and a further sum’hot exceeding forty shillings for every daywhile such default is continued. • J, • , , ft : In. no case shall any such building materials or other things, or such hole as last mentioned respectively, be allowed to remain an unnecessary time under a penalty not exceeding ten pounds, to be paid for every such offence, by the person who, whether b.y.;order or authority of the Council or not causes such materials or other things to be iaid, or such hole to be made, and in any such case the prooftha the time has not exceeded the necessary dime, shall be, upon • the person so causing such materials or other things to be laid, or causing such hole to be madd. Houses Encroaching on Streets, etc. aB. If any person shall erect, or place, any house or other building, or any part thereof, upon, over, or across any public .street, footway, or channel, he shall forfeit a sum not exceeding twenty pounds, and a further sum of five pounds for every day while the same shall be continued. •, Q . If any house, or other building, or any part thereof, shall, before the coming: into operation of this subdivision, have been erected or placed in, upon, over, or across the public highway, or any public street, or footway, marked or set out as such, in such manner as to be a common nuisance to the highway, or as to encroach on such street or footway, it shall be lawful for the Council to give notice to the owner of such house ori building, to remove such house, or such part thereof as shall. so have been erected or placed with such precautions, for the safety of passengers, and for the proper securing of so much (if any) of such house or bui ding, as is to remain thereafter, as the Council shall see fit, and such owner shall within. twenty-eight days after the service of such notice upon him remove such house, or part, according to the terms of such notice; and if such owner shall fail within the said period of twenty-eight days to remove such house, , or part, 6 r shall not comply with the requirements of the said notice, he shall forfeit a sum not exceeding ten pounds, and a further sum not exceeding five pounds, for every day while such default is continued; and the Council may, if they shall see fit, remove such house or part, and recover the expenses of so doing from the said owner. Obstuctions, etc., to Streets by Cattle, etc. 40. If any cattle be at any time found in any street without any person having the charge thereof, the owner of such cattle shall forfeit for every head of such cattle a sum not exceeding twenty shillings, and if such cattle shall, by reason of having been so found at large, have been impounded by the Council, the amount of such penalty, and. the cost, it adjudged respectively, before the release or sale of such cattle, shall be added to the pound fees and charges payable in respect of such cattle, and the amount thereof, or such lesser amount (if any) as after the sale of the cattle may remain in the hands of the poundkeeper shall be paid over by him accordingly, and if the proceeds of any sale of such cattle shall not be sufficient, after paying the lawful fees and charges aforesaid, to satisfy such penalty and costs, or if such penalty and costs shall have been adjudged after the release or sale of the cattle, the same or so much thereof as remains unpaid, shall and may be recovered from the owner of the cattle in like manner as other penalties and costs adjudged by Justices are by law to. be recovered, and if in the case of any information under this section the owner be not known, then the provisions of the last preceeding section, so far as necessary to give the adjudicating justice jurisdictiomshall apply. . 41. If any goat shall have been sold under the provisions of either of the last two preceeding sections, or the provisions of this Act, relating to the impounding of cattle for trespass in the streets, and shall after the expiration of twenty-four hours be found in any place whatsoever within the Borough, any Justice may by warrant under his hand directed to any constable, authorise the destruction of such goat, and the same may be destroyed accordingly. -f 42. It shall be lawful for the Council to make regulations from time to time, for appointing the hours during which it shall not be lawful to drive into or through the 1 Borough, or such parts thereof as shall, by boundaries be set forth' in such regulation, any cattle intended for sale, slaughter, or shipment, or travelling from one part of New Zealand, or of any other colony, to any other places, and to provide if they shall see fit in such regulations, separately, with respect -to Sundays and week days; and if any person shall drive any such cattle contrary to such regulation, he shall forfeit for every head of cattle so driven, a sum not exceeding twenty shillings. Provided that nothing herein contained shall apply to horses driven in harness, or to oxen in the yoke. ' t . . , , 43. It shall not be lawful to break m any horse or other ► animal in any street, whether public or private, or in any public place, save such public places as from time to time may be appointed by some regulation of the Council in that behalf, which regulation the Council are hereby authorised ‘to make; or' by locking the wheels of any cart or vehicle. ‘or otherwise to test or to try any horse or other animal,' so as to obstruct or injure any street or public place, - and any person offending against this section shall forfeit a sum riot exceeding five pounds. ‘ Water Works, Drains, etc. 44. Whosoever shall, without the consent in , writing of the.. Council, construct or place any dam or embankment, in * or across any river, creek, or natural water-course, shall, on conviction,, forfeit a sum not exceeding twenty pounds, and a further sum not exceeding five pounds for every, day after conviction, during which such dam or embankment, or any part thereof shall continue. : .45, Whosoever shall obstruct or damage any culvert, *ewer, or drain, belonging to, or under the control of the Hjkuncil, shall forfeit a sum not exceeding ten pounds, and to the Council by way of compensation for any such HHBk such further sum not exceeding ten pounds as the section shall order. Buildings fgr Public Meetings, etc. every license in respect of buildings for public shall be paid to the Borough Clerk the sum and six pence annually. Fire Prevention, Foul Chimneys. 4j‘ Every person who willfully sets or causes to be set Hi fire, any chimney, flue, smoke-vent, or stove-pipe, herein in common “a chimney,” shall forfeit a sum not BEceeding five pounds. Provided always that nothing herein tty FWQ ?o or ta

be set on fire any chimney, from liability to be informed against, or prosecuted before any Criminal Court for such act, as tor an indictable offence. • ■ ' ■ ' ' 1 48. If any chimney accidentally catch, or be on fire the person occupying or using the premises in which such chimney is situated, shall forfeit a sum not exceeding forty shillings. Provided always that such forfeiture, shall not be incurred if such person prove.to the satisfaction of the Justice before whom the case is heard, that such fire.; was in nowise owing to the omission, neglect, or carelessness, whether in respect to cleansing such chimney or otherwise of himself or his servant. Deposit of Inflamable Materials, etc. 49. It shall be lawful for the Council from time to time to make regulations for all or any of the purposes following, that is to say . . . , For prescribing the distance from any adjoining land, or from any building within which it shall not be lawful to make or keep any stack of hay, corn, straw, or other produce, if not placed under roof or cover; and the like when placed under roof or cover, and for prohibiting or restraining the use for such covering of such inflammable; material as shall be described in such regulation. For prescribing the distance from any. adjoining land or from any street or public place, or from any building within which it shall pot be lawful to deport such combustible material as .shall be specified in the regulation, or save in some properly constructed fireplace, within some building, to make or light any fire. And every such regulation may be made to npply to the whole or severally to any part or parts of the Borough described by boundaries in such bye-law; and may provide as to the subject matter thereof, either absolutely, or with relation to the consent of the Council, or of the proper officer of the Council, to be given or withheld in any case to be a question under such regulation. ........ . 50. Every person who shall make or place any stack of hay, corn, straw, or other produce, or place, as or for the covering of any such stack, any inflammable material or deposit, any. combustible material or light any fire contrary in any such case to any. regulation under this sub-division, and every occupier of any premises whereon any stack or ; any such covering'of a stack shall be or any combustible materials have been deposited, if the same, though lawfully made, placed or deposited before the coming into force of any such regulation, shall be there, contrary to the tenor of such regulation, who shall not within seven days after notice from the Council so to do remove such stack, covering, or materials, or who shall suffer to remain any such stack, covering, or materials, unlawfully made, placed, or deposited before the coming into force of such regulation, shall forfeit on conviction of such offence a sum not ..exceeding five pounds, and in every such case a further sum not exceeding forty shillings for every day after any such conviction, during which such stack, covering, or material shall so continue. 51. Every person who wilfully sets fire to any inflammable matter whatsoever in the open air without' having given notice in writing to the occupiers of the land adjoining to the land upon which such matter shall be, and also to the Town Clerk, of his intention so to do, or within twentyfour hours after giving the last given notice or notices, or between the hours of four in the afternoon of any day and eight in the morning of the following day, shall forfeit a sum not exceeding five pounds. t. 52. Every person who shall light any bon-fire, tarbarrel, or fireworks upon or within sixty yards of any public or private street or any public forfeit a sum -not exceeding five pounds. - 53. It shail not be lawful for any person to make or place or to keep or. continue any fence of brushwood, bushes, or other like material within the Borough, and every person who shall make or place.any such fence and every owner or occupier of any premises who for seven days after notice from the Council to remove any such fence thereto appertaining, if lawfully made or placed before the coming into operation of this bye-law, shall suffer to remain any such fence or any part thereof to remain, oj; who shall suffer any such fence .unlawfully, made before such coming into operation, ; shall forfeit, on conviction foir such offence, a sum npt exceeding five ; pounds, arid in every such case a further sum not exceeding forty shillings for every day after . any such conviction during which such fence shall continue. Nuisances of various Kinds. Swine. 54. it shall not be lawful to boundaries of the Borough, as defined in the Proclamation, under a penalty pot exceeding five pounds, and a further penalty , not exceeding forty shillings,' for each day after notice of removal is given by the officer appointed by the Council in that behalf. Privies and Cesspools. ; ; ; . 55. All privies cesspools and house drains within the Borough and as well within as without the premises to which the same may belong and the cleansing keeping in order and repair of all such privies cesspools and house drains shall be under the superintendence government and control of the Council. 56. The owner or occupier ofany dwelling house or other tenement within the Borough reasonably requiring the use of a privy -'shall within fourteen days after notice in writing given to*such owner or occupier in that behalf by the Council construct or alter in such manner as shall be specified in such notice a privy or privies for the use of such dwelling-house „>r tenement and shall at all times thereafter keep and use hr such privy or privies such closet pan or pans as- : shall from time,to time be required by the Council and in default thereof the Council shall cause such privy or privies; tp.be provided and the expense incurred thereby, shall be recovered by the Council from such owner or occupier., \ , t ~ I . 57. The Council shall make such provision as it shall think fit for the periodical removal from every dwelling-house or other tenement as aforesaid within the Borough at the expense of the owner or occupier thereof of any night soil dung ashes slops filth refuse or rubbish of. any kind. 58. The inspector of Nuisances for the time being appointed by the Council or any other person who may be employed by the Council for the purpose of this bye-law shall have power at all reasonable hours in the day or night, to enter into or upon any building or land within . .the Borough for the purpose of effecting any such removal as in the . last preceding section specified pj of examining: the condition of any. privy cesspool draijj pr closet pan or of cleansing constructing altering.or repairing theisanis.'.. ;i :iV n , 59. Any person who shall obstruct any officer or. other by the Cpuncii in the performance o(

any thing which such officer, or other person is or may be required or authorised to do, by. or,under this bye-law or who shall commit, any other, breach of this bye-law shall be liable for every such offence to a penalty not exceeding £ 5

Removing Night Soil. ; < 60. Every person who shall empty any privy or load, carry, remove, or deposit any night soil, offal, or ; other offensive refuse or matter, save between such hours of the night, or shall deposit the same save at such places; as respectively shall have been appointed, by some regulation of the Council in that behalf, or who shall use for any such purpose any carter carriage not having a covering proper for preventing the escape 'of the (Contents of such cart, or of the stench thereof, : shall for every such offence forfeit a sum not exceeding five pounds,' and fit- shall be lawful for the Council from time to time to make regulations for appointing such hours and places as aforesaid. , --j. ■■ 1 Slaughterhouses. 61 Every person who uses as a slaughterhouse any place within the Borough of Ashburton, shall for each such offence forfeit a sum nbt exceeding five pounds. . 1 . Miscellaneous Matters. ~,v .. 62. If any person shall wilfully and without the authority of the Council, cut, break, bark or root up, or : otherwise destroy or damage, the whole or part of any tree. or sapling, shrub, or underwood, growing in or upon any. street or. place under the management: of the Council, although the injury done shall not be to amount of one shilling, he shall forfeit a sum not exceeding ten pounds. . y y. :yi - 63. If any person shall,,, without,-the authority of. the Council, break, displace, or remove the surface or soil of any land belonging to or under the control or management Of the Council, shall forfeit a sum not exceeding five pounds. Leaving Cart Unattended, etc. . . 64. If the driver of .any, cart shall, leave the same unattended in any street, whether public or private, or, shall go for a distance of more than two yards from. the. side of such cart, being in any such street, without passing through the near wheel or wheels thereof a suitable chain, or chains, so as to effectually prevent the rotation of such wheel or wheels, whether in any . such case such, cart be hired or not, such driver shall in every such case forfeit a sum.not exceeding forty shillings for such offence; and where such cart shall have been so left unattended, any constable may drive away such cart, and deposit the same, with the horses harnessed thereto, at some neighboring place of safe custody.; and in default of payment: of the said penalty, on conviction for. such, last mentioned offences, and of the expenses to be awarded by the adjudicating Justices, of taking and keeping the said cart and, horses, the same together with-the harness belonging’thereto,, or any of them, may by order of such Justice, be sold ; and, after deducting- from .the proceeds of the said sale the amount of the said penalty, and costs (if any), and the said expenses so awarded, and expenses of the said sale, the surplus (if any, shall be paid to the owner of the said cart ->••! • ■ . 1 : Feeding. Horses in the. Stmt, etc. • ; 4 , : 65: No driver of any cart in any street, whether public or private, or in any public place, shall feed any horse, attached to such cart, save/by means and out of a nose bag. containing the forage, and attached to the head of such horse, or shall remove theblinkers of any such horse, and every driver of any cart to which any- vicious horse shall be attached shall keep such horse while, standing on any stand, or in any such street: or place aforesaid, properly muzzled, and every driver offending against this section shall forfeit a sum not exceeding forty shillings. ....... Cabs and Carriages. 66. The- Council ;of the Borough .may, from time to time, license .to ply for hire within the . Borough, such, hackney carriages and such borough stage garriages..of any , kind adopted for carriage of persons as- such-.Councifeshall see.fit, .. For each license for, any hackney carriage or borough stage carriage, there shall be.paid to; . the Borough; Clerk the: sum of {£x) one pound. annually. : Every license to be available only until the 30th day of September after the date of its issue. Wi v-iw y~ri."Rr /i ... ,• :.t ; '

For each license for anydriver of any hackney carriage dr borough stage carriage, there, .shall Jbe ; paid : to the Borough Clerk the sum of (55.) five shlHngs annually, Every such license to be available only until the 30th day of September after the date of its. issue. , ...... - .j

On every hackney carriage.on borough .stage .carriage, the .owner thereof: shall ; cause to :be painted in, ,a legible manner, on a tin plate, .in letters of ; pne.inch in length, white on black ground, the words “.Borough of Ashburton,” and-the number of the carriage corresponding .w'jth the num-ber-of .its license, such tin plate.to be securely affixed immediately above the boot step. ox h Every hackney carriage or . borough stage carriage may be used for, the purpose for, which it is licensed at any time, and during any,hoarse,day or nighty . . ,/j: .. Every, hackney . carriage, or .borough /stage shall be allowed to'carry one passenger fof every, (i 8) .eighteen, inches in width of seating'room' provided such seating room to be computed exclusively of the drivers. Seat, the,, number of persons to, be carried by any such carriage shall be kept painted on the.tin plate above the back'Sfep. ; . f ; Every hackney carriage or bprough stage carriage,' when standing or plying for hire, shall, each evening, ; at and after sunset, carry and sufficiently : display, two (2) lighted lamps, one on each side of the splash board. Standings. "

. All. hackney carriages and borough stage carriages, when waiting for hire, : shall.be ranked in single line,;at such places as the Council may appoint from time to time. ...V, Fares. , ", , r The rate of-fares; to be. paid for ,haclpney ; .carriages or for Borough stage, carriages shall be,as followsV, Fares by‘ time for licensed Carriage drawn by .pine horse— For the first, second, or third hour,. (45.) four shillings per. hour'; -for every, subsequent hour i(3s) three shillings, per hour; half and ; . quarter hours at same rates. , , .. r. . Fares by timefor iicensed carriages'drawn .by more . I : than one horse—For.,the .first, second; and thirds i • .'hour. (55.) five shillings per hour ;,for every sub- 1 . sequent hour (45.) four shillings per hour ; half and quarter hours, at same rates. .. From any point within the Borough to. any. other : " ''ppifit within the same, one or two passengers, (is-;) one shilling. ../A'..; ~ j ,£gpLARS ANDtIiAWKERS. A./ j. For evety license to a pedlar or hawker there shall be paid to;the Borough Clerk, the sum pif two shillings and sixpence,, (as. 6d.) per month, sixpence per day, or one pound annually.

:±. If any_ poison, as .or „cairies. on busines within the : Bprpugj£as a pedlai; or Hawker first obtained a license, he shallforfeit-and-pay on convict; . for everyAsuch, pffepee any sum pptyexceedingly^'gOEjinc* • and every person , .trading or : carrying on. such 'aforesaid ypithin any such Borough, ;sHall be deeded a , taken to be unlicensed, unless he shall prove trary by the production of his license or ot-|iejwisdk'iiV^,.^ 3. Every person licensed, to trade or-hdrjry op hMh?■as a pedlar or, hawker within the Borough;,-who shall m comply with any bye-law made by the Council of ifr Borough for the regulation of the conduct of pedlareW hawkers, shall forfeit and payroU’ conviction;' "for .every- Slid offence any sum not exceeding forty shillings, a ; .or: OBSTRUCTIONS ON PUBLIC STREETS./' v , v.Np person; shall, make -or, cause~ c any juppecessafj obstruction in or t upon the roadway.of footpath of apy, screes or priyate - street,, T by, allowing any / vehicle or .animal, =■%(, remain in ; or. upon or across the ; same fc or by placing any goods or material of any kind, ,or .shall fail to remove such obstructions when thereto, required.- ... 7,777,7 No Person to Drive more than two Vehicles at same time. ; . ; No person'shall take sole charge, in. any street 61 priyate street,- of more than two vehicles at; the same time, each of which shall be drawn by one horse only and-npt by any other animal, and the horse drawing the rearmost thereof shall be attached by a sufficient rein of other fastening to the back of the foremost of . c uch vehicle. . : . / Materials not to ...be Draggedbehind, or Project from Vehicle. No person in eharge of anyivehicleiiniorriUponrany-jiA street or private street shall allow any^material;-which. may conveyed on such vehicle, to drag or; frail^behind;the.same.;,,so as: r to -obstruct, passage, or.-to project xPUHieithCr ;,side. thereof more than a distance Cf utwo- fept measured horizontally from the outside of the axle of such vehicle. Furiurs Riding and Driving. ; ; No person shall furiously or. negfigehtly ride or drive any horse or vehicle in or upon any street pr private street. , . NEGtiGENTLy. Driving .QattPP- -,- v .|7l. No person shall wilfully or j negligently so drive; cattle ip any street or private ■ street, - so: as .to cause ,- damages of danger to any person lor thing, or shall in any wise misbehave in respect of the driving of cattle .therein. Riding in Vehicles without Rrins. : .. . ... No person in charge of any .vehicle shall ride thereon without there being, and he then having hold of, good and sufficient reins thereto., ,:, n ; - .7, .■ , : Selling Unwholesome Food. .:. , No person shall slaughter or expose, or offer for sq'e, or have in his possessson with intent to slaughter or sell as fit for human food, any deseased animal, of any meat, fish. - gaihe, poultry, or fruit which shall be Unfit;therefor.' 1 7 Setting Fire to Inflammable Matter iN r ,Streets., , | ... No person shall burn ofnset-alight;, in ;Or;iuppn street or private street, to.any.hay, straw, flaXi.woQd, shavings, gorse.cuttings, or other inflammable, produce pr ; material. Suffering Ferocious Dogs to be at Large Unmuzzled. > - No person shall wilfully set on any dog trj attack, worry, or put in fear any person or animal in any street, .or suffer any ferocious or mischievous dog of which he may be f Owner, or Have Charge,.’ while at large, unmuzzled. 7 a Discharging Fire Arms. .7. vu ,7-7 v, 1(j ,7 \ vl ; . j No iperson. shall 1 without lawful cause. or - discharge or let off afiy firearms or fireworks of any kind whatever.,., . r <-.> . : . ... ....Throwing Stones, &a . . . . .U ;: - < 7No person shall throw, cast, or discharge stick, marble, or bullet, or missile of any kind, to the damage' or (danger of any person or thing. - ? Obscene Language, and. Offering eqr Sale' Indecent | ■ 7'7. : .. 7 : , :: Books f , y ‘ 7,;;:;;^:^;. \\i .-.--.. j No.person shall recite-anyi. . obscene: -song, in anyrprofane or; ihde*is : obscene language,-paint j draw* or write any prbfape,qv obscene representation, figure; .pfiword, he trlsute : drTbspoose; or; offer, for sale,n or ; any 1 prpfane,iey indecent, book,: '• painting,, jdrawing;i or.engraying; photograph, fepßeEentation,;print or; paper writing.;:x;;:’ x -/w Entire AniMaLs hot to cover in Public View,; .. . N p _person; HaV^g; charge of' any '/ bull, stalliPn, or entire; animal, to cover vmh|p -public view. . '*. \ ( .. Keeping .Houses;.,qr.,lll*fa.mr, f - No : person’- shall keep; or : of -behave -as master ; or mistress :: bf v or as having-;the care, :gbverriment, -or - management of any - disorderly -house*- o%^i ouse ‘ i of v ill-fame, [ w or shall knowingly permit any :; other peftpn to . keep the : same, or to act ;or behave as-master or ihistrels ; thereof; having the care, government, or management thereof, or shall knowingly • let any : • house, or any part jh£febf, ! for the purpose of being so kept or used. ;• | f ' : - ; Petroleum. ' I‘7'"v77’' ... For the,tpurposes of;this, : bye-law “Petfoleidp".7iih al Vr7 include:.all.auch rock oil, Rangobh pil, Bunhah oil, any;product; V of them, and'auy/oil made from petroleum, cool sehisty ysHalo,- J ; peat, or other bitujSmious'' substance-, and- any i: sifeh' i, ;; ‘ th6m as’ gives -off'ari' infliimmablel'vapour at a:temperature. ; dfil^Bi» : jr;; thandnb hundred-and. ten degrees of FahrenHeit’B .themliomeSerT /y but -this. bye-law shallnot any. quantrty v^E : petroleiima - consisting . of , not more than .ten gallons in the wht>)[e, ; kept fbr. (> private use, and not for sale.- ...... y.. . r A..... . ..From and after the Ist day .'of AugustATßVo;;y>etMfentir '' shall not be kept witliih fifty yards ofiany-dwhnmg : qr v of Lfj any building in which godds are 'license granted under* w than -four hundred gallons be kept on :the same preapsea at-pn^ v ~ : apd the same time, except in pursuance of asspecSil, license/t^ jo bej granted as hereinafter,mentioned, f i , : Before any. license shall, be granted an application shall v be ddljvered j at. the 'office of ; the Towii Clerk;gating; the ;; hainer,- n fesidehe'e, and occupation : of ; the applicant;: and'particularly; !J ■ descfUfing sb as to "distinguish the' the^femises;in : apfeimder-’ftUd.such application shall he signedh^He^appli 4 ;.; *St,- afid shafl .be pursuant to the form to this byedaw. - - , ‘ ... ; ;. So soon as conveniently may be thereafter, thq.lnspector i ior'tiie time being; appointed by the ; Coun&il;shall ;h premises described in such application, and sha^-S^fl^uro - ' writing, to the Council* at -their 'Ordinarymibetmg, opifiiow -whether the license ;applied:fof-may ormajr: nut’ea|ely«% be grantedptogether ,with;all such particulars as may be nec^»Sy r :. ; -; to enable the Council-.fo'judge,of the expediency or nifty be contained in schedule B to this bye*law, and shall -

tinue in force until the 31st clay of December next ensuing. Licenses may be renewed on application at the Town UerJts office, not later than the 15th day of December previous to their expiry, the applicant leaving the same with the down OlerK, who shall give a receipt for the same. , Licenses shall be signed by the Town Clerk, and numbered in such order as shall be determined by the Council. For the grant or renewal of an ordinary license there snal be. paid a fee of one pound, and for the grant of or renewal ot any special license there shall be paid a fee of two pounds. Subject to any addition, modification, or repeal thereof from time to time by the Council, licenses shall be grante su iect to the following conditions : . - The nearest distance of such petroleum from any wall ot any building, or from any other goods which may for the time beino* be stored or kept on the same or on any other premises, shalfbe not less than two feet; and the nearest distance thereof from any heat or flame, or from any inflammable combustible or explosive material, shall not be less than twelve feet. . The licensee shall not sell or expose for sale for use within the Colony of New* Zealand any petroleum as herein defined, unless the bottle or vessel containing petroleum have attached thereto a label in legible characters stating as follows: “Dangerous. No light to be brought near.” The licensee shall cause to be forthwith removed from the premises comprised in his license any vessel/:ontaining petroleum leaking therefrom, and shall not allow such vessel to be used for the purpose of containing petroleum until the same shall_have been completely repaired. . Special licenses shall be granted on such application after such inspection, subject to such conditions for such period with or without power of renewal, and liable to such revocation as the Council shall in .each case determine. , Any person committing any breach of this bye-law shall be liable for each offence to a penalty not exceeding five pounds, nor less than ten shillings, to be recovered in a summary way before any two Justices of the Peace in the manner provided by “ The Municipal Corporations Act, 1867.” Penalty Clause. Any person offending against any other provision of the byelaw, shall for every such offence be liable to a penalty not exceeding £5, and not less than. 10s.