THE FIRST OFFENDERS' PROBATION ACT.

Daily Telegraph (Napier), Issue 4735, 9 October 1886, Page 3

THE FIRST OFFENDERS' PROBATION ACT.

[pee tress association.] Wellington, This day. In the course of some remarks in the Supreme Covirt to-day on the First Offenders' Probation Act, the Chief Justice said that during tho thirteen or fourteen years he had been on the Bench there had only been somo three or four cases before him in whish, in his opinion, tho Act would apply. He thought such cases as young women or men, persons found guilty of silly acts for the first time, were the proper class of offenders to be dealt with under the Act and not every offender, of whose previous history nothing was known.

mains or part of tho waterworks, half tho above-mentioned rates to be charged. On Nos-Eatablb oe Pboperty Outside Boundames of Watee Surrw. Meter supplies 2s. 6d per thousand gallons Steam engines SOs per horse power / 5 per cent, additional ) on ussestment of proOrdinaiy domestic supplies < p£ , vtjr . ovei . orc i; uai .y \ charges. Supplies other than those already fixed at such prices as may be determined by Borough Council. ExTKAOBDINARY SUPPLY. Water Troughs £1 per annum each Water ClosetsHotels £1 per annum each Private Houses 10s. per annum each Fixed Baths— Hotels and Public £1 per annum each Temporary Taps as per agreement Maufaoturers Is. Gd. per 1000 gals by meter The Corporation reserves the right to determine who shall be classed as Manufacturers. For Steam Engine Boilers (marine) ... Is. per tun For supplies to Shipping 2s. per tun Ordinary supply shall mean only such as is required for strictly domestic uses, and the Council reserves tho right to determine in any case what shall be considered a supply for domestic purposes. Extraordinary supply shall mean water used for any other than purposes of ordinary supply, and may be charged extra accordingly. Meter rates payable monthly; all others half-yearly in advance. Consumers by meter shall be charged a minimum at the rate of consumption of 20,000 gallons per quarter. Every consumer using water for other than domestic purposes shall provide his own meter and all necessary fixings, subject to the approval of the Engineer and the By-laws or Act in relation thereto. 2. All persons supplied with water from the high pressure supply are advised to provide themselves with a tank of not less capacity than 200 gallons, to which must be attached a ballcock. 3. Applications for water are to be made upon forms to be obtained at the Town Clerk's office. Plujibees. i. Competent plumbers msi.y be licensed to Jay pipes and do any work in connection with water supply, on payment of an annual fee of £1 Is. and a deposit of £'t, and no persons but those duly licensed by the Corporation shall be allowed to attach or alter any service pipe, or in any other way interfere with pipes, taps, cocks, meter, or any matters and things connected with the water supply. Licensed plumbers shall keep a special day book of all work done in connection with water service, which book shall be handed in to the Town Clerk when demanded. 5. No licensed plumber shall do any work connected with the water supply without giving at least two (2) clear days' notice thereof, and receiving written authority from the Engineer to do such work, and no work shall be done excepting between the hours of S a.m. and o p.m. Notice forms may be obtained on application at the Town Clerk's Office. C. The names of all plumbers and pipe-fitters authorised to lay private service pipes to be published in a local paper (after authorities have been granted) for three (3) consecutive days. 7. No plumber or pipe-fitter shall lay private service pipes, iiud attach the same to any pipe of the Borough Council, or to any private service already laid and connected with the pipes of the Borough Council, without being duly approved and authorised by the Engineer to do such work. S. Provided always that the period of maintenance of private services laid lias duly expired, deposits may be withdrawn at any time upon seven (7) days' notice in writing to that effect having been given previously to the Town Clerk. When the name or names of such parties withdrawing their deposit shall be published, as before described, in a local paper, the Borough Council reserve the right on their part to cancel and annul the term and nature of their contract with any _ or all of the persons concerned at any time after such intention has been fourteen (14) days previously made known in a local paper during three (Ii) consecutive days. 9. The "whole of tho works herein referred to shall be carried out under the superintendence and according to the instructions of tho Engineer of Water Supply, or his Clerk of Works. And any disputes between the various parties concerned as to the quality of the work and labor done, or as to the exact meaning of this specification and the general conditions, shall be referred to tho Engineer of Water Supply, whose decision in all cases shall be final and binding upon all parties. 10. Plumbers shall be responsible for all damage done or caused by them in doing any work whatever, and through bad workmanship or inferior material, and in tho event of any such damage, bad workmanship, or neglect shall be liable tohavo their licenses cancelled without any refund of deposit or fee. 11. Each authorised plumber or pipe-fitter shall be held solely responsible to the Borough Council for each service pipe being laid and completed by him in a sound, competent, workmanlike and durable manner, and to remain in that condition (sound and watertight) for a period of three (3) months after each service pipe has been completed. 12. The deposit of five pounds will be liable to forfeiture for any non-observance or non-performance of any of the above stipulations and conditions. 13. Any person who causes or permits any wilful, negligent, or unnecessary waste or use of water to take place by allowing a cistern or other vessel to overflow, or the water to run from any tap, lock, cock, valve, pipe, work, or engine, shall be guilty of an offence. 14. Any person neglecting to repair any service pipe, meter tap, or other fixing used in the supply of water after lriviii'' received notice from any officer of tho Corporation shall render himself liable to have the water cut off, and shall be guilty of an offence. 13. The service pipes from the mam being the property ot the owners or occupiers of the tenements supplied by such sen-ice pipes, tho occupier (if any), and if none, the owner shall iv every instance in which any damage shall be caused by reason of such service pipe being out of repair, or leaky, or broken be liable to a penalty. 10. At the expiration of fourteen days from the date ot any water rate being due, and after delivery of notice on the premises to which such water is laid on, it shall bo competent to any officer of the Corporation to stop and cut off any such suppfv in whatever manner may be deemed advisable. 17. In no case will the use of instantaneous closing of taps, valves, or cocks be permitted. Iron piping of an improved quality only will be allowed for external services, and of the requisite sizes suitable to the requirements of the touemeuts as shall be determined by the Engineer. 18. Water troughs must be supplied with self-acting cocks enclosed iv a wooden case and kept locked, so that they cannot be tampered with, or tho water turned on without the sanction of the consumer. 19. No pipe shall be allowed to communicate directly or indirectly with the basin or trap or otherwise than with the cistern or service box of a water-closet or soil-pan, and the same shall be se constructed and ut»ed as to prevent the waste or undue consumption of water and the return of foul air and other noisome or impure matter into the mams or other pipes of the Corporation. 20. Overflow pipes from baths will not be permitted unless supplied by meter. 21. Drawing cocks must be ot the best quality and most •ipprov'ed description, and must be those known as " screwdown valves," and in exposed or public places must be encased witliin v wood or iron box under lock and key. ''2 All service pipes must be laid not less than twelve incheVbeueatli the surface of the roadways and gutters and in each service pipe connected with the mams must be fixed with two valve-cocks, one ut the junction of the main, and protected by a strong wooden box, mid the other within the building. * 23. All water meters must be enclosed in a wooden box, and the keys of both meters and boxes duly labelled with the name of the owner, and must be lodged at the office of water supply. The Corporation reserves the right to affix its own look upon meters. . 2-1. Plumbers must leave the roads and footpaths in the li'ime'state of repair as they find them, and the trenches must be well rammed as tho earth and metal are filled in, within fortv-ei;fht hours. "Where curbing, channelling, flagging, and asphylte are disturbed, they shall be caret'idly and substantially relaid with new work, at the expense of the applicant, within forty-eight hours, to the satisfaction of the engineer. •'.> \ny person v-'ho shall give to any officer ot the Corporation false or incorrect information upon any matter pertaining to water supply shall be guilty of an offence. _ ■>or.0 r . All work shall be done to the approval and satisfaction of the Waterworks Engineer or other oflioer appointed by the Council, and must be passed by him before the water shall be turned on at the main. 27. The Council may, on written application, lay semee j pipe* from the water mains to the line of street, and consumers .shall pay the Council (when the luvins are laid only on one side ■of street, road, or alley) the cost estimated from the centre of such roadway, street, or alley, notwitstanding the mains be laid ivyon any side of such roads aforesaid, and shall, previous to stuy penuit to tap main being granted, deposit with the Town Clerk the Engineer's estimate of the cost of laying .such service pipes, receiving on completion of tho work, any stun deposited in excess, or "paying any sum that may be remiired in addition, to cover the expenses. A schedule of nu-mtities and cost of services shall, for public information, be kept in the office of the Town Clerk. •>8 Any person who shall violate or fan to do or observe "■■"s mutters, or things laid down in these by-laws, or il ] l "li r i Vh'-'t which he is not entitled or allowed to do under til! •mthoritv o+' these by-laws, shall be deemed guilty of an Sfw each such offence, shall forfeit and pay any sum.uot exceeding five pounds. SECTION No. 9. FIXING CHARGES FOll USE OF THE PUHLiC WEIGHBRIDGE. 1 The Weighing Machine shall be available for use from (j o'clock in the morning to C o'clock in the eveiling on every day of the week, except on Sundays, Good Friday, Christmas Day, and Public Holidays " •» The following shall be tho charges tor use ot the Weighing Machine: — Weighing and Registering any Cart '2 0 j iiyery subsequent Weighing .. ..00 Weighing any Cart not registered ..10 .SECTION No. 10. •m I>IH>VI MS J3UU/DING REGULATIONS FOR THE COROUGtf. OF NAPIER. tutL-nn-etatioii.— Whenever in any of the clauses of this j <l. «.- n,«. exnression "Municipal Engineer , occurs, such fceefaou. the c*i . Municipal Engineer of tho Borough SfflS 'or otl"licer appointed by the Council of the said Borough. purposes of this Section the Borough of Napier tihall be" divided into two districts, denominated respectively Nt> " No U l X District shall comprise all that portion of the Town of Napier distinguished by a red color-line on a map deposited in the Office of the Borough Council ot Napier sealed Corporation seal, and signed by the Mayor and Clerk of Nuroer for the time being, and including thb urea as set forth in Rotipdulc No. 1 of this Section. Yo '> District shall comprise all the remaining part of the B ou"h of Napier, as the boundaries thereof shall be fixed by or that may be herefte/erected* in tlio Borough of Napier, whether such building te built upon new W old foundations, or upon foundations Partly old and partly ncr, or whether such building be an adS" , luv building already erected, or which may be here>auum w >. j th , W)>r -| , mi tter, or thing m respect after erected -ndoeiy v ? sul to •of the Borough Council, and shall .the control and .ml H (1 reu( . wed 01 . vovah . oAt in ho erected, of tll [ s By _i aw . to erect any building, or to ulto, add ~ J~w any building already erected, or which may be ?' t\ h feted or to execute any other work paced under feewaftor f ™'°/ cr Vj. iou of the Borough Council iuthisßythe Mtiolgg or 0(;c iei . BhilU mib it t0 law, th<= architect, TO. , ificationH . of contemplated won Joi is i , r lticukwto t]lo *Wt tl* »£Tus ho W squire ; and no work placed jtfu-ncipal E. g m^, -J* tllo Borough Council in under tho until the Municipal Engineer .this section shall J°.^^ u at the request of such architect, flu* performed biml has certified that the plans builder, owner, oi, ttccon iance w ith tho provisions amd Hpecilicutions heneof ai, H k ,oi this lection,,oi U me iStSJw the work may be commenced withjbngintei U'»= . . Soven clear days shall bp ■out tof.JBS Engineer to examine the' drawings, until the plans are signed )byhim. , it 101 . builder neglects to give notice iv 4. If any ,lUll "^ r tllis Section or executes any work of ' o^i of iU lo is C Kby required to give notice before beginning nyhich he is •^ en aue notice ot any works, executes $%£ba™toX^&&Z ia * !tlm of and

signed the plans, such architect or builder shall for every such offence incur a penalty not exceeding five pounds. v. At all reasonable times during the progress of any building or work affected by this Section, it shall be lawful for the Municipal Engineer to enter and inspect such building or work; und if any person refuses to admit such engineer to inspect .such building or work, or refuses or neglects toafford such engineer all reasonable assistance in mioh inspection, in every such case tho offender shall incur for each offence v penalty not exceeding iive pouuds. 0. In ease the Municipal Engineer shall certify that the work proposed to bo done, or any part thereof, is not in conformity with this Section, and shall in such notice specify in what respects the same is not in conformity therewith, then such work shall be altered in such manner as the Municipal Engineer shall in such notice direct, so as to conform with this Section, and thereupon, but _ not otherwise, the same may be commenced and proceeded with. 7. For the purposes of this Section any notice or other document required thereby to be given or went by the Municipal Engineer to any person shall bo deemed to have been didy given or sent if posted at the General Post Office, at Napier, addressed to such person, at the place of address given by such person, or if none be given, then at his or her last known place of abode. S. All buildings hereafter erected within tho aforesaid districts shall have their external walls constructed as under :— Within Xo. 1 District. —The whole of the external walls shall be of iron, brick, stone, concrete, or other incombustible material to be approved of by the Council, except the fronts of shops or other buildings when they may be of wood, and rising noHess than ISO inches above the root', measured at right angles from the pitch of the roof. And if built of brick, stone, or concrete, shall be of the thickness described iv Schedule No. 2. Within Xo. 2 .District.— Subject to tho decision of the Council the external wall of any buildings if situate within 20 feet of any adjoining premises, must be of some incombustible material approved of by the Municipal Engineer. 9. It shall not be lawful to erect, alter, add to in length, breadth, or hoighth, renew, or repair the external walls, party walls or chimneys of any building with wood or other combustible material in N<>. ' 1 District, except as allowed by the next section of these By-laws. 10. The external walls composed of wood or iron of any building already erected, may bo repaired or heightened with tho sumo material of which they are composed, provided that repairs extend only to the i niter or inner lining of the original walls, and not to tho studding or plates. In cases where buildings are partially destroyed by lire within No. 1 District, it shall be lawful for the Municipal Council to permit the reinstating of such buildings with iron instead of brick, stone, or concrete. 11. It shall not bo lawful, within tho limits or boundaries as set forth in Schedule No. » to this Section, to cover or repair the roof or flat of any buildings with boardings, shingles, or any combustible material, but the same must bo covered or repaired with slates, tiles, galvanized iron, metal, glass, artifical stone, cement, or other incombustible material, to be approved of by the Municipal Engineer. 12. The external parts of every turrett, dormer, lantern light, or other erection on the roof or flat of any building hereafter erected, where the roof is required to be covered with incombustible material, must be covered with slates, tiles, galvanised iron, metal, glass, artificial stone, or cement, or other incombustible material approved of by the Municipal Engineer, except the door frames, and doors, window frames, and sashes of such turrets, dormers, lantern lights, or other erections.

13. The roofs, flats, and gutters of every building, and of every projection therefrom, must be so arranged and constructed, and so supplied with gutters and pipes as to prevent the water therefrom from dropping , on to or running over any public way, and all such rain-water pipes and eaves-gutters are to be made of metal.

14. All chimney-furnaces and fireplaces hereafter constructed, shall bo constructed of bricks, stone, or cement concrete, and tho chimneys shall be carried up not less than three feet above the ridge, and tho Municipal Engineer may direct that the chimney be continued not less than three feet above the adjoining ridge with iron or other approved material. li. It shall not be lawful to erect any smoke pipe or funnel leading into the outer air composed either of metal or of any combustible material, unless special permission be granted by the Municipal Engineer, and the Municipal Engineer may, in granting such permission, impose such terms as to material and otherwise as he may deem to be necessary in each case.

1(3. The owner or occupier of every building that is now, or may hereafter bo erected within tho Borough of Napier, shall at all times keep all chimney-flues, funnels, smoke-pipes, and stove-pipes in such building thoroughly swept, cleaned, and free from all danger of fire. 17. The jamb of every chimney shall not be less than eight and a half inches wide on each side of the opening, the breast of every chimney and the front, back, whiff, or partition of every flue, must be at the least four inches in thickness of brick, and the joints of the work must be filled in with mortar or cement, and all the inside thereof, and also the outsides and faces thereof must bo pargetted and rendered, and no flue must bo used as a, smoke flue which is of less internal diameter in any section than eight and a half inches. 18. No timber must be placed over any opening for suxjporting the breast of any chimney ; but there must be an arch of brick or stone, or cement concrete over the opening of every such chimney to support the breast thereof, and unless the arch be semicircular an iron bar or bars must be built into the jambs at the least nine inches on each side to tie the abutments, and no timber or woodwork must be placed or laid under any chimney opening, or in any wall under any chimney opening within eighteen inches at the least of the surface of the hearth to tho fireplace of such chimney opening, and no timber or woodwork must be nearer than one inch to the opening of any chimney, neither shall it be lawful to build or insert the ends of any joists, rafters, beams, or other timbers whatsoever iv any part of any chimney or flue. 19. The back of every chimney opening in any building must bo at tho least eight and a half inches thick. 20. The front and back hearths of every chimney must be laid and bedded wholly on brick, stone, or cement concrete, or other incombustible materials which must be solid for a depth of eight inches at the least below the surface of tho hearth. All front hearths must extend nine inches at tho least on each side of the chimney opening, and be not less than fifteen inches wide. 21. Every chimney and chimney stack must be built wholly of stone or brick with mortar or cement, or of Portland cement concrete ; and every such chimney or chimney stack must be built from tho foundation to the top thereof without any corbelling over whereby any part of the brickwork, stone, or cement concrete of such chimney shall overhang any lower part thereof. 22. Every chimney, shaft, or flue, hereafter built, raised, or repaired, must be carried up -in brick or stone work, or cement concrete work all round, at least four inches thick, to a height of not less than thirty-six inches above the highest part of such portion of the roof, flat, or gutter adjoining thereto, measured at tho point of junction : and as to any chimney shaft (except that of a steam engine, brewery, distillery, or manufactory), tho brick or stone work of such shaft or flue must not bo built higher than eight foot ;|bovc the slope, flat, or gutter of the roof which it joins, measured from the highest point of junction, unless such chimney be built of increased thickness or be built with or bounded to another chimney shaft, or be otherwise rendered secure ; and as to the chimney shaft i'or the boiler furnace of any steam engine, or for any brewery, distillery, or manufactory, such shaft may bo erected of any height,'so that it is built in such manner and of such strength and' dimensions as shall be satisfactory to tho Municipal Engineer, upon special application in each case to the Borough Council.

2.3. Every oven, furnace, close fire, or forge, for the purpose of trade or manufacture, must be six inches at tho least distant from any party wall, and must not be upon or within eighteen inches"of any timber or woodwork, and the floor on or above which such oven, furnace, close fire, or forge, shall be built or fixed must be formed and payed under the same, and for a distance of two feet all around tho same, with stone, brick, tile, slate, or concrete, at the least two inches thick, or with other proper incombustible non-conducting materials. Every detached stove set or fixed in any building shall be fixed, subject to the requirements in this section, with the stove pipe leading into a brick, stone, or Portland cement concrete flue.

24. No chimney, shaft, jamb, breast, or flue already built, or hereafter to be built, shall bo cut into for any purpose whatever, without the consent of the Municipal Engineer having been first obtained to the proposed alterations. 25. If any chimney constructed before tho coming into operation of this Section shall bo of other height, thickness, construction, or material, or enclosed otherwise than respectively required by or left unenclosed contrary to, the tenor thereof, and if the Municipal Engineer upon inspection thereof (which he is hereby authorised to juake), shall "deem that sach chimney, by reason of want of proper height, thickness, or enclosure, or by reason of its being constructed of inflammable materials, causes reasonable danger of fire to any building, or causes a nuisance through not properly carrying up the smoke, it shall be lawful Jo* , the Municipal Engineer to give notice to the owner and occupier of the premises in which such chimney is, witlun a time to bo mentioned in such notice, to takedown, or alter, or enclose such chimney, as the cuso may require, for the prevention of such danger or nuisance, and if such owner or occupier do not within the time therein limited comply with the same, then such notice may be repeated, and every breach of, or non-compliance with, such notice shall be an offence against this By-law, and the person guilty of such offence shall be liable to a penalty not exceeding five pounds. IG. The ground below every building shall be properly drained, and the same shall, before being covered by any floor, be properly cleared of all shavings or other combustible materials.

27. The footings of all walls, public or private, abutting on any street line, within District No. 1, must be built up to a height of three inches ut least above the surface of the ground, with stone or brick set in mortar, or cement, or with concrete, in such manner as to produce solid work, :jnd the bottom course of all footings for brick or stone waifs must be at least eight and α-half inches wider than the walls standing thereon, and all footings shall have a proper damp course.

28. Projections from buildings, such as base course piers, columns, pilasters, door and iviudow dressings, dressing strings, facias, copings, parapets, blocking courses, plinths, or other architectural decorations forming part of mi external wall, shall not project beyond tho street line, except cornices, entablatures, or pediments, which may project any distance approved by the Municipal Engineer, provided that any such cornice be not less than twelve feet from tho crown mould to the footway ; and all projections of every character must be built of the same materials as arc by this section directed to be used for building external walls ; and it shall not be lawful to project any other part of a building beyond the street line than those parts above allowed. 2'J. For the purposes oi this Section, the freight of any building, or of any part thereof, is to be ascertained by measuring from tho surface of tho lowest floor up to the top of the wall plate for receiving the roof. 30. Any wall less than thirteen inches thick carrying a roof with principals or extending lor it greater distance than twenty i'ecp without being tied in with a return wall of brick, stone, or cement concrete, or with a framed stud partition, must be strengthened with pjers having at least four inches projection by nine inches wide, und not exceeding twelve foot apart. Any third story enclosed by a, wall less than thirteen inches thick, must not exceed ten feet in heigiit. 31. No part of any external or internal wall or partition, not constructed as a party "wall, shall be nearer to any stove, grate, or other apparatus i'or containing fire, tliiiii fit a distance of eighteen inches therefrom. Any wall or partition which, iv the opinion of the Municipal Engineer, shall require protection from flro in consequence of such' appaitytns, stove pipe, or flue, shall be protected in such manner, and to wj.ch extent, and with such material as he shall in writing'require.

32, The external walls of every new building erected within any district, for the purpose of containing, or containing any fireplace or lurnico to bo used in the working of any engine by steam (although suph engine may not be used therein), or in any mill, brewery, bakehouse, gasworks, or in any other manufactory whatever, shall bo constructed of brick or stone, or cement concrete, of the thickness prescribed in the No. 2 Schedule hereto, and tho roof covered in with iron or other incombustible material.

33. Any person using or building, or keeping - for use any furnace, and receiving from any other person notice of any building being, or being about to be erected within ten feet of such furnace, shall forthwith erect a paiiy wall of brick, stone, or cement concrete between such furnace and the site of such intended building.

Tho party wall to bo erected in pursuance of such clause shall be of such length and height respectively as the Municipal Engineer shall certify in writing, to be sufficient to protect the building from any danger by fire arising from the furnace.

34. In buildings built of brick or stone, every brestsummer fixed to carry the front wall or cornice of a building, must be laid upon a template or corbel of stone, wood or iron, which template or corbel must be tailed through such wall at least two-thirds of the thickness thereof; and every brestMunmor must have at least four and a half inches of brick or stone -work at the end thereof, and may be fixed in lino with the face of the external wall, provided it is covered on the external face with plate iron, and in addition to the supporting walls at the end of the brostsummer, every brestsummer over twelve feet span must rest upon one or more sufficient intermediate piers of brick or stone, or on iron columns (standing oh

solid stone foundations; or trussed iron girders, approved by the Municipal Engineer, may bo used in lieu of any suehbrestsuinmer.

35, The end of all timbers bearing , upon a party wall exceeding nine inches in thickness must not be laid nearer than two inches to the centre thereof, unless such timbers are separated longitudinally from the timbers of the adjoining house by at least four inches of brickwork, in which case they may bear upon the wall for two-thirds of its thickness. The ends of all timbers bearing upon a party wall nine inches thick, must not project through the wall, but must have four inches of brick work at the ends of the same, and all the timbers must be separated from those of the adjoining house by at least four inches of brick work.

36. Nothing in this By-law shall prevent any shed open on all sides, and detached by at least five feet from any other building, wall or fence, without fire places, furnaces, or forges, and with supports to the roof of wood, iron, brick, or stone, not exceeding eighteen inches diameter, and roofed with iron or slates, from being erected adjacent to any building ; but if either of the sides, or part of any one or more of them be enclosed, the enclosing wall must be built of the materials and dimensions required for other buildings of the same height and similar situation. No wall already erected and made use of as an enclosing wall shall be used in any way as a supportingwall, without the consent of the owner and Municipal Engineer, who shall also be absolute judge touching all matters alfocted by this section of this Section. 37. Nothing in this Section shall prevent any contractor's or builder's temporary offices, sheds, or workshops from being erected of wood or iron on any building site during such building operations ; provided that special application bo made to, and permission for such purpose be granted by the Municipal Engineer. 38. No tents of any description shall bo erected or maintained within the boundaries of the Borough of Napier, unless with tho express sanction of the Municipal Engineer. 30. If any building, wall, or fence, or anything affixed thereon, be deemed by the Municipal Engineer to bo in a ruinous state, and dangerous to passengers, or to the occupiers thereof, or of the neighboiu-ing buildings, he may, by notice in writing , , require the owner of such building , to cause a proper hoarding , or fence, and if he shall deem it necessary, props, to be put up for the protection of passengers and of such occupiers within a time to be fixed in such notice ; and if such owner shall not comply with such notice within the time therein limited, then such notice may be repeated, and every breach of, or non-compliance with, such notice shall be an offence against this Section.

40. In case the owner of any such building- as is mentioned in the foregoing clause of this Section cannot be found, or be not known, notice thereby directed to bo g-iven may be loft with tho occupier of tho same, or if there bo no occupier, may bo affixed to some conspicuous part of such building, and any such notice shall be deemed to be sufficient notice. 41. Whenever it may become necessary to enter upon the premises of any adjoiuining owner or occupier for the purpose of effecting repairs to any external wall or portion of any building, it shall be lawful for the owner or occupier of any such building, after giving six clear days' notice in writing to tho owner or occupier of the adjoining , premises, and depositing with the Town Clerk such sum as the Municipal Engineer shall, by writing- under his hand, certify to be necessary as security, wholly or in part for any damage the adjoining property may sustain by reason of the execution of the repairs, to enter upon the adjoining premises, and continue a reasonable time in order to execute the necessary work. Prowled that any damage the adjoining , owner or occupier may sustain in consequence thereof shall bo assessed by the Municipal Engineer, and made good or compensated for by the owner or occupier so repairing, and such compensation shall be defrayed, wholly or in part, as the case may be, out of tho moneys deposited with the Town Clerk as security for such damages; and in case tho amount so deposited shall be insufficient to meet the whole damage sustained, the balance shall be recovered by the party sustaining damage, or if the amount deposited shall exceed tho actual damage then the balance shall be refunded to the depositor. 42. Galvanised iron used for external purposes must be corrugated, and of not loss than 26 gauge in No. 1 District. 43. "Within No. 1 District no portico or verandah shall be of less height from the ground than S feet.

44. All porticos or verandahs shall be erected in accordance with the plan and specification deposited in the office of the Borough Council.

45. Every person guilty of an offence against any of tlio provisions of this Section shall bcliablo for such offence to a penalty not exceeding- £o, and in every case when such offence shall be a. continuing one to a further penalty not exceeding £5 for every day or part of a day during which Jsueh offence shall be continued. SCHEDULE No. 1. Description of No. 1 District (foe New Building Regulations). "All that portion of the Borough of Napier comprised within the following boundaries : —Commencing , at the southwest comer of Subdivision B of Section No. 88, and followingthe western boundary of that section northerly, 2.;0 links; thence along the northern boundaries of the intervening sections to the north-west corner of Section No. 147, following the northern boundary of that section to the western side of Hcrsch ell-street, thence along , Hersohcll-strect to Browning- ,- street, following the north side of Browning-street to the Beachroad ; thence in a southerly direction following , the western side of that road to the southern boundary of Section No. 275. Following that boundary westerly to Hastings-street, crossing which street the line follows the southern boundary of Section 270 to the south-west corner of Section No. 266. Thence northerly following the western boundary of that section to Dickens-street, crossing which street in the same line it follows the western boundary of Section Nos. 247 and 209 to Emersonstreet, crossing , which the line follows the western boundary of Section No. IG7 to Tennyson-street, crossing , which it follows the western boundary Section of No. 124. Thence easterly along the northern boundaries of Sections 124 and 125 ; thence northerly along the western boundary of Section No. 130 to Browning-street, crossing which street the line continues northerly along the western boundary of Section No. 93 to the Shakespeare-road, and thence to the point of commencement at the south-west corner of Subdivision B of Section No. 88." SCHEDULE No. 2. Thickness of W a l l s . If the building be not more than fifteen feet high, the thickness of the external walls must bo at the least eig-ht and a half inches from the top of the footing to the top of the wall, the thickness of the party walls must bo at least eight and a half inches from the top of the footing to the top of the wall. If the building be more than fifteen feet and not more than twenty-five feet high, the thickness of the external walls must be at least thirteen inches from the top of the footing to the underside of the topmost floor, and at the least eight and a half inches from the underside of the topmost floor to the top of the wall, the thickness of the party walls must be at the least thirteen inches from the top of the footing to the underside of the topmost floor, and at the least eight and a half inches from the underside of the topmost floor to the top of the wiill. If the building , be more than twenty-five feet, and not more than thirty-eight feet high, the thickness of the external walls must be at the least seventeen and a half inches from the top of the footing to the underside of the floor next below the topmost floor, and at least thirteen inches from the underside of the floor next below the topmost floor to the underside of the topmost floor, and at the least oig-ht and a half inches from the undoiviido of the tojnuost floor to the top of the wall; the thickness of the party walls must be at the least seventeen and a half inches from the to]) of the footing to the underside of the floor next below the topmost floor, and at last thirteen inches from the underside of the floor next below the topmost floor to the top of the wall. If the building be more than thirty-eight feet, and not more than fifty-four feet high, the thickness of the external walls must be at least seventeen and a half inches from the top of the footing to the underside of the floor next below the topmost floor, and at the least thirteen inches from the underside of the floor next below the topmost floor to the top of the wall: the thickness of the party walls must be at the least seventeen and a half inches from the top of the footing , to the underside <.>f the flqor next below the topmost floor, and at the least thirteen inohos from the floor hext'below the topmost floor to the top of the wall.. ' • If the building , be more than fifty-four feet hig-h, the thickness of the external walls must be at the least twentyone and a half inches from the top of tho footing to the underside of the floor next but one below the topmost floor to the underside of the topmost floor, and at tho least thirteen inches from the undersido of tho topmost floor to the top of the wall; the thickness of the party walls must be at least twenty-one and a half inches from the top of the footing to the underside of the floor next but one below the topmost floor, and at the least seventeon and v half inches from tho underside of the floor next but one below the topmost floor to the underside of the topmost floor, and at the least thirteen inches from the underside ,of the topmost floor to the top of the wall. SCHEDULE No. 3. Shincjlk JJqqfs Boundaries. No, 1, All that portion of tlje Borough of Napier comprised within the following , boundaries;—Conmienpiug at Section No. 42 in Carlyle-street, and bounded by the northern end of that, and of the adjacent sections in Carlylo-streot to Section No. i) 2 ; thence by the northern end of Section No. 100 to No. 105, following tho western boundary of Nos. 108 and 109 to the Milton-road, and along the western side of that road

to the Cameron-road, following the northern side of that road to subdivision No. 21 of Suburban Section No. 62, Shakespeare Terrace, and thence crossing the Shakespeare-road at subdivision No. 1 of Suburban Section No. 80, following the northern boundary of the subdivisions of Suburban Sections Nos. 87 and BS. Thence along the western boundary of Sections Nos. 152, 153, and 154, also subdivision 19 of Suburban Section No. 89 to Brewster-street. Following that street northerly to the Clyde-road, and. along the northern side of that road to the Beach-reod. Thence following the line of the Marine Parade and Beach-road to Section No. 586 at the southern end of the Borough; crossing thence to the Wellcsleyroad, and following that road to Thackeray-street, and thence along the western boundary of the Town Hall Corporation Reserve to Carlyle-street, and to the commencing point at Section No. -12. No. 2. Poet Aiiueiiu. —All that portion of the Borough of Napier commencing at the Pilot Station in Waghorn-street, thence to N.W. corner of Section No. 520 in Hardinge-road ; following the S. side of that road to Section No. 457. Thence southerly to the S. boundary of Sections Nos. 4tiG, 467, 408 to "Waghorn-street, following that street to Section No. 481. Thence following- the S. boundary of the whole of the adjacent Sections to No. 518, and thence to the commencing point at the Pilot Station aforesaid. No. 3. Reclaimed Land at Spit.—All that portion of the Borough of Napier commencing at the N.W. corner of Section No. SSB at the intersection of the Railway and East Quays following the Railway Quay to the reserve adjacent to Collinsstreet, thence by the northern boundary of Sections Nos. 527, 528, and 534 to Campbell-street and Section No. 537. Thence southerly to Section No. 615. Thence westerly to Section No. 600, and from this point northerly and bounded by the W. side of the East Quay to the commencing point at the N.W. corner of Section No. 588. SECTION No. 11. TO REGULATE THE HOURS AT WHICH IT SHALL BE LAWFUL TO BATHE WITHIN THE BOROUGH OF NAPIER. 1. It shall not be lawful for any persons to bathe within, or within one mile of the boundaries of the Borough of Napier, except at the following times and places, viz.:— («). In the sea, extending- from the Pilot Reserve at the Eastern Spit along the Sea Beach to the end of the Coote-road, between the hours of 9 p.m. and 7 a.m. (b). Iv any other waters within, or within one mile of the boundaries of the Borough of Napier, between the honrs of 9 p.m. and 7 a.m. Provided, that bathing shall be permitted at all hours in such waters (excepting the sea), as may be not less than 300 yards from any public road. 2. Any person bathing- in the sea, or in any river or other waters within, or within one mile from the boundaries of the said Borough, except at the times and places hereinbefore respectively specified, shall be deemed guilty of an offence, and for every such offence shall be liable to a penalty not exceeding the sum of Five Pounds. SECTION NO. 12. TO REGULATE THE DRIVING- OF STOCK. 1. That clause 4 of By-law No. 4, intituled " By-law to provide for the better rule and government of the Borough of Napier," be altered so as to read as follows :— It shall not be lawful for any person to drive any horse or horses loose through or upon any public street or thoroughfare within the Borough of Napier, excepting stock to or from sale, or for shipment or travelling through en route to some other place, and those only in winter from 5 p.m. to 8 a.m., and iv summer from 6 p.m. to 8 a.m. SECTION No. 13. TO REGULATE OPEN FIRES, CESSPITS, DRIVING ROUND CORNERS, OVERHANGING TREES. 1. Every person who wilfully sets fire to any inflammable material whatsoever in the open air, or who wilfully lights a fire for any purpose whatsoever in the open air unless within a properly constructed fire-place, or without the written permission of the Council so to do, shall be guilty of an offence. 2. The Council may by a resolution passed at any General or Extraordinary meeting cause a notice in writing to be served upon the owner or occupier of any premises, either by posting the same to him or by personal service, or by affixing such notice to some conspicuous part of the said premises calling upon him to remove, destroy, and abolish any cesspit or cesspool which may exist on such premises within one month from the date of service of the notice, and in default thereof the Council may remove, destroy, and abolish such cesspit or cesspool, and the expense thereby incurred shall be recoverable by the Council from such owner or occupier. 3. The Council may by a resolution passed at any General or Extraordinary meeting - cause a notico in writing - to be served upon the owner or occupier of any promises either by posting - the same to him or by personal service, or by affixing such notice to some conspicious part of the said premises calling upon him to alter within one month from the date of the service of the notico any privy or privies on the said premises into an earth closet with the pan system to the satisfaction of the Inspector of Nuisances of the Borough for the time being, or other authorised person, and in default thereof the Council may atler such privy or privies, and the expense thereby incurred shall be recoverable by the Council from such owner or occupier. 4. No driver of any vehicle or no person riding on horseback shall drive or ride at any other than walking , pace round or across any comer, angle, or intersection of any of the streets or public thoroughfares. 5. Any portion of any tree or shrub overhanging any part of any public way or place within the Borough shall be removed on notico given so to do by the Council or its authorised officer, and any person neglecting to remove such overhanging portion of such tree or shrub after such notice shall have been served shall be deemed guilty of an offence. 6. Any person guilty of any of the above offences, ommissions, or neglects, or any person who shall obstruct any officer or other person employed by the Council in the performance of anything which such officer or other persons is or may be required or authorised to do by or under any of the clauses of this Section, shall bo liable for every such oft'encc to a penalty not exceeding £5. SECTION No. 14. TO REGULATE LIME KILNS. 7. Lime kilns and brick kilns shall be considered as buildings in which any trade or manufactory is earned on within the meaning of sub-section 2 of section 234 of "The Municipal Corporation Act, 1576." SECTION No. 15. TO REGULATE QUARRIES. 8. Upon the report of the Inspector of Nuisances it shall be lawful for the Council of the Borough of Napier to serve a notice upon the owner or occupier of land in or upon which a quarry now is or is about to be worked, calling upon such owner or occupier within one month from the service of such notice to build a brick or stone wall, of such dimensions as the Council may direct, in a proper and workmanlike mannor, to the satisfaction of the Borough Engineer or other authorised person, along the line of street, road, or thoroughfare upon which such land abuts, or along such part thereof as may be indicated iv the notice. In default thereof the owner or occupier of such land upon whom a notice has been served as aforesaid shall be guilty of an offence and liable to a penalty not exceeding .£5 for every week or portion of a week during which such wall remains unbuilt and unfinished. SECTION No. 16. TO REGULATE PROCESSIONS, &c 1. ExcexJt as hereinafter mentioned, no procession shall hereafter be allowed in any public or private street or public place with the Borough of Napier, uidess the persons intending to form or take part in such procession shall have previously received permission (by resolution of the Borough Council) to form or take part iv such procession. 2. No person shall be allowed without such permission as aforesaid to play any musical instrument, beat any drum, or sing any song, or carry for the purpose of display any flag or toi-ch, hi any public or private street or public place iv the said Borough. 3. This By-law shall not affect any drill, march, or parade of Volunteer or other troops under the command of any officer serving in her Majesty's Volunteer or other forcos, or any procession of school children under the direction of their teachers, or any funeral procession, or any parade or drill of the members of the Napier and Spit Fire Brigades. 4. Any person offending against the provisions of this Section shall, for every such offence, forfeit and pay a sum not exceeding Five Pounds. SECTION No. 17. PENALTIES. Any person offending against or committing any breach of the provisions of any of the sections hereinbefore contained, shall in any and every case where no penalty is by this by-law or by any Statute provided, be liable to a penalty of not exceeding £i> for every such offence or breach, and where such breach or offence is a continuing one every person so committing a breach or offending shall bo liublc. to ;i penalty of not exceeding £5 for every day or part of a day during which such breach or offence shall continue.