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Daily Southern Cross, Volume XI, Issue 734, 11 July 1854, Page 4

NOTICE. City Council Chamber, Auckland, July 3rd, 1854. IN conformity with a Resolution of the City Council passed this day, the following Draft of a By-Law now under consideration of the Council is published for the information of the citizens. By order, J. MITCHELL, Clerk of City Council.

F I B E 8. Dkatt op a By Law to make certain Provisions in respect or Fires in the City of Auckland. "Vyiereas by an Act of the Superintendent and Provincial Council of the Province of Auckland, No. 10, of Sess. 1, it is enacted that the City Council shall have power to make By Laws for the good order, health, and convenience of the City of Auckland, and for the imposition and collection of rates upon real and personal property : And whereas for the protection of the inhabitants of the said City and their property from fire, it is expedient to embody, train, and equip a certain number of men for the purpose of securing efficient service whenever a fire shall take place, and it is expedient also to make provisions for the keeping of efficient fire engines, and to make other provisions in respect of firea ; And whereas certain expenses will be thereby inCurred, and it is equitable for the purpose of defraying the same to levy a rate on the occupiers or owners of all houses which may be benefitted by such provisions : Be it therefore ordained and declared by the Auckland City Council in Council assembled as follows :—: — 1. Tkere shall be raised, levied, collected, and paid, in respect of every house and building within the City of Auckland (excepting such as are used for the purposes of the General and Provincial Governments), a yearly rate, the amount of which shall in any year be fixed by the City Council, but which shall not exceed the sums set forth in the Schedule hereunto annexed. 2. It shall be lawful for any person authorized by the City Council in that behalf to enter any house or building at any convenient tune, with a view to determine the amount at which such house or building shall be ! rated, and any person resisting, obstructing, or preventing any person so authorized from so entering for such puipose, shall forfeit and pay any sum not exceeding £10. 3. Such rate shall be payable on the first day of September in every year, and shall be paid to any Collector -appointed by the City Council to receive the same on demand personally made, or within five days after a demand in writing shall have been left on the premises in respect of which such rate shall be due. 4. The occupier of every house and building who shall be in the occupation thereof on the Ist day of September, shall be liable to pay sucli rate, and in the event of there being no occupier, the owner thereof shall be liable for the sainc 5. If such owner or occupier respectively shall not pay *he samo rate on such demand as aforesaid, the same shall be recoverable on the information by some person authorized by the City Council in that behalf by some summary proceedings against the person liable for the sam», and shall be leviable by distress and sale. 6. All money collected and received under this By Law shall be paid over by the Collectors thereof to the City Treasurer, who shall keep a separate account of the' same, and no money so collected or received shall be paid or applied to or for any purpose whatever other than such as have for their object the protection of the inhabitants of the City of Auckland and their property from fire. "7. 'If any person shall feel aggrieved by any rate so to be made as aforesaid and shall make a complaint - thereof in writing stating the grounds of such com- *« plaint the- same shall -be enquired into « by the said Council at a time to J oe fixed for that purpose whereof due notice shall be given to the party complaining, and such rate may if requisite be altered, amended, and adjusted accordingly by the said Council. 8. For the purpose of securing the attendance of an efficient body of men whenever a fire may take place -there shall be embodied a " City Fire Brigade." 9. Sucli Fire Brigade shall be formed from such able bodied men who shall enrol themselves as volunteers by causing their names to be entered in a book to be kept for tha* purpose by the Clerk of the City Council, •and such Brigade shall *be properly and efficiently equipped at the expense of the funds to be collected and received by virtue of this By Law. 10. The peisons whose names shall be so enrolled shall from time to time as they shall think fit make rules and regulations for the command, training, exercise, discipline and service of such Fire Brigade. 11. Every occupier of a shop, store, or other place of business situate in Princes- street, Shortland - street, Chancery-street, High-street, O'Connell-street, Queenstreet, West Queen-street, and Wyndham-street, shall keep hi some convenient place, easily accessible in "the event of a fire taking place, not less than three servicable water buckets capable of containing not less than two gallons each ; and every licensed publican within the City shall keep on his licensed premises in a convenient place, easily -accessible in the event of a fire taking place, a cask or casks capable of holding not less " than 180 gallons, constantly filled with water, and not less than twelve such water buckets as aforesaid, and not less than two good substantial ladders to be each at least twenty-five feet long, and all such buckets and ladders as aforesaid shall have the names of the owners thereof legibly painted thereon. 12. Every person who shall, within one month after this By Law shall come into operation, neglect or refuse to comply in every particular with the regulations contained in clause No. 11, shall forfeit and pay any sum not exceeding twenty shillings for every day's neglect or refusal, and it shall be lawful for the Inspector of Nuisances at any reasonable time, not oftener than once in every month to inspect the said buckets, ladders, and casks, and the occupier of any such premises as aforesaid refusing or neglecting to show the Inspector of Nuisances on his demand such buckets, ladders, or water casks so required to be kept by him as aforesaid, such occupier as aforesaid shall forfeit and pay for every such offence any sum not exceeding £5, 13. In the event of a fire taking place, it shall be lawful, with the view to prevent the same from spreading-, for the Commissioner or Inspector of Police, or in his absence for the Chairman of the City Council, or in their absence for the Captain of the 'City Fire Brigade,' and if neither of the aforesaid officers be present for any member of the City Council to authorize or direct any house or building or other property to be pulled down or removed, and the owner of such house or building or other property which shall be pulled down or removed in pursuance of any such authority or direction shall receive compensation from the public funds of the Council and Burgesses of the City of Auckland for any loss or damage that may be thereby sustained and which would not have~been sustained but for such pulliag down or removal as aforesaid. 14. The amount of any compensation to be given as aforesaid shall be fixed by two arbitrators and an umpire to 'be appointed in the usual way, and in the event of any person refusing or neglecting to concur in any such arbitration or to appoint an arbitrator the amount of compensation shall be fixed by a single arbitrator to to be appointed by the City Council. 15. The Commissioner or Inspector of Police, or th Chairman of the City Council, or any member thereof giving any such authority or direction as aforesaid, and any person who shall pull down or remove or assist in pulling down or removing any house or building or other property in pursuance of any such authority or duection shall respectively be entitled to be indemnified by the Council and Burgesses of the City of Auckland, from any costs, and expenses to be paid or susfcunened in consequce thereof. 16. Allsums of money to be paid by way of compensation or indemnity in pursuance of the foregoing regulations shall be paid out of money to be raised by rate to be levied under this By Law, and it shall be lawful for the City Council at any time to levy any one or more special rate or rates in addition to such annual rate as aforesaid in order to pay the whole or part of any amount payable in respect of any such compensation or indemnity as aforesaid. 17. For the government of persons present at fires, (not being members of the "Fire Brigade") and with a view to render their services efficient, it shall be lawful for the Commissioner or Inspector of Police, or in his -absence for the Chairman of the City Council, and if neither such Commissioner nor Chairman be present for A. — B. — , one of the members of the said Council who shall be appointed by the said Coiincil in that behalf, and whose appointment shall have been notified by advertisement in all the newspapers published in Auckland, to issue orders and directions to all persons present at any fire (except such as may l>e acting under military command) having for their object the preservation of order or the arresting or extinguishing of the flames, and every person who shall wilfully act contrary to any such order or direction shall forfeit and pay for every such, offence any sum mot exceeding £5.