STREETS, SEWERAGE, & DRAINAGE ACT.

Hawke's Bay Herald, Volume 1, Issue 26, 20 March 1858, Page 5

STREETS, SEWERAGE, & DRAINAGE ACT.

Session 2, No. 17.

AN ACT to provide for the Management of the Streets, Sewerage, and Drainage in % Towns and populous places, and the preservation of the Health of the inhabitants thereof. [Assented to March 13, 1855. TTTHEREAS it is essential to makepro*V vision for the management of the Streets and the Sewerage and Drainage and preservation of the Health of the inhabitants of Towns and populous places within the Province. Be it therefore enacted by the Superintendent of Wellington with the advice and consent of the Provincial Council thereof, as follows : — 1. The Ordinance of the Legislative Council of the late Province of New Munster Session 1. No. 7, so far as concerns the Province of Wellington, and the act of the Provincial Council of Wellington, Session 1, No. 23, are hereby repealed. 2. Whenever it shall appear to the Superintendent expedient so to do, he may by proclamation declare and direct that a Board of Commissioners shall be established for the management of the Streets, the Sewerage and Drainage and preservation of I the health of the inhabitants of any Town, portion of a Town, Township, or populous place within the Province. 3. The Commissioners shall be elected "by and from amongst the persons duly qualified to vote on the election of a Member of the Provincial Council for the Town for which such Board may be constituted, or in case the Town shall not send a Member for itself, then, for the Electoral District or division of the Province in which the Town s^all be situate and who shall be qualified and registered as such in respect of property owned or occupied within such Town. 4. Whenever the word "Town" shall be herein used the same shall be construed to include and mean "Township" "Portion of any Town or Township," and "Populous Place," for which a Board for the management of the Streets, Sewerage and Public Health may be constituted, and the "Sheriff," shall be construed to mean the Sheriff of the County or Division of the Province in which the town, township, or populous place for which such Board may be constituted shall be situate ; and the word "Board" shall mean the Board of Commissioners elected to carry out the provisions of this Act. WITH REFERENCE TO THE ELECTION OF COMMISSIONERS. 5 . The Sheriff of the County or Division of the Province within which the Town shall be situate, shall within ten days after he shall receive a copy of the Government Gazette containing the proclamation declaring that a Board for any Town shall be established, convene a public meeting of the electors of such Town at a convenient time and place, at which meeting he shall preside, and the number of persons directed by the Superintendent shall be elected Commissioners to form such Board. 6. On some clay not prior to the twentieth nor later than the tenth day before the expiration of the term of office of any Board, the Sheriff shall convene a meeting of the Electors to elect Commissioners to succeed the Board whose term of office may be about to expire. 7. The Sheriff shall ascertain the determination of the meeting by a show of hands, or in some other manner as shall appear to him expedient, and shall declare the same, which declaration shall be final, unless the same shall not be unanimous, and a Poll then be demanded in writing and signed by any five persons present and qualified to vote at such meeting. 8. When such Poll shall be demanded, the Sheriff shall direct the same to be proceeded in at such Polling place or places and within such period not exceeding two j clear days from the day of the date of such demand, exclusive of Sundays, as he shall determine, and the Polling shall commence atihe place or places intimated, at any time After nine of the clock of the forenoon of the day that shall be named.

9. No Poll by this Act authorised to he taken shall be kept open for more than one day and that only between the hours of nine in the morning and four in the afternoon, and the Poll shall close at any time after the lapse of two hours without any qualified person offering, to vote. . ■ .. . 10. The Sheriff shall appoint the necessary Poll Clerks and direct the necessary Poll Books to be prepared, in which b ooks

shall be inscribed the situation of the premises, in respect of which the voter is qualified, and the manner in which he votes. 11. As soon after the close of the Poll as may be, the Poll Clerks shall transmit the state of their respective Polls to the Sheriff who shall sum up the same and openly declare the result of the total Poll at an adjourned meeting, to be held on the next lawful day. Any Elector present at such adjourned meeting, may then and there demand a scrutiny, and on finding security to the satisfaction of the Sheriff for the re-imbursement of the expenses attending the same, a scrutiny shall be made by the Sheriff in such way and manner as he may deem proper ; the result of such scrutiny shull be reported to another adjourned meeting, to be appointed by the Sheriff, to be held on a day not later than the third day from such second adjourned meeting. If there shall be no scrutiny, the result of the Poll as originally declared, or if there shall be a scrutiny the result thereof as declared by the Sheriff shall be final. The party demanding a scrutiny shall pay the expense thereof. 12. Within three days after the election of any Commissioners shall be finally determined, the Sheriff shall report in writing to the Secretary for the Province, the names, places of abode, and designation of the persons elected. WITH RESPECT TO THE CONSTITUTION OF THE BOARD. 13. The Board shall consist of not less than twelve, nor more than thirty-four ] Commissioners. The number in each case shall be determined by the Superintendent and Executive Council. 14. The Commissioners shall hold office for the period of two years, at the expiration of which time new elections for an equal period shall take place in the manner herein prescribed. 15. If any Commissioner shall die, or if any Commissioner shall resign, or become incapable of acting before the expiration of his term of office, or shall become a bankrupt, or an insolvent debtor within the meaning of any law relating to insolvent debtors, or a public defaulter, or be convicted of felony, or any infamous crime, he shall cease to be a member of the Board ; the Sheriff shall on intimation thereof from the Board, convene a meeting of the electors of the Town, to select a person in the room of the Commissioner so dying, resigning, or ceasing to be a member of such Board as aforesaid ; the Commissioner so elected to supply a vacancy shall continue in office until the next general election of Commissioners. IG. No meeting of the Board for the purposes of this Act shall be hoi den, unless such meeting shall have been called by the Clerk in conformity with the bylaws to be passed in that behalf, or by three of the Commissioners. Notice of the time and place of every intended meeting, specifying the business proposed to be transacted thereat, and signed by the Clerk as aforesaid, or Commissioners calling the same, shall be left at the usual place of abode of every other Commissioner three clear days at least belbre such meeting. 17. All the Powers vested in the Board by this Act may be exercised by any five or more of the Commissioners present at any meeting duly holden ; and no business shall be done at any meeting unless five at least of the Commissioners shall be present. 18. All qupstions which shall come before such meeting shall be decided by a mnjority of the Commissioners who shall be present thereat, and in case of an equal division of votes, the Commissioner in the Chair shall have a second or casting vote in addition to his vote as\ a Commissioner. Minutes of every resolution and all business agreed to shall be entered ia a Book to be kept for that purpose and shall be signed by the Commissioners who shall have agreed thereto. 19. If at any such meeting there shall not be five Commissioners present within fifteen minutes after the time appointed, the Commissioners present or the major part of them, or any one Commissioner, if only one Commissioner be present, may adjourn such meeting until another day. 20. The Board may appoint a Committee of its members for any purpose which in its opinion would be better regulated and managed by means of a Committee. Provided, however, that the acts of aach Committee shall be submitted to the. Board for its approval. 21 . Every Committee so appointed may meet from time to time and adjourn, from place to place as it may think proper, for

carrying into effect the purposes of its appointment, but no business shall be transacted at any meeting of the Committee unless three members thereof be present. All questions at any meeting shall be determined by a majority of the members present, and in case of an equal division of votes the Chairman shall have a second or casting vote in addition to his vote as a member of the Committee. 22. Every Contract to be made by the Board shall be executed by five or more of the Commissioners, or by the Clerk in their behalf, in pursuance of a resolution in that behalf, and also by the person contracting to perform the work or furnish the materials referred to therein. 23. The Board may in the name of its Clerk for the time being sue and be sued, and prefer any indictment or information, or take any other proceedings against any person who shall steal or wilfully deface or injure any property, article, or thing belonging to the Board ; and in every such case it shall be sufficient to state generally the property, article, or thing, in respect of which such proceedings shall have been taken, to be the property of the Board, without naming the individual Commissioners ; and no action or suit shall abate, or be discontinued, or require to be discontinued, or require to be transferred by reason of any Commissioner dying, or ceasing to be a Commissioner. 24. Nothing in any Deed or Contract by this Act authorised to be made by or on behalf of the Board for any of the purposes of this Act, shall extend to charge or affect the person of any of the CommisiSioners, or the Clerk, or their, or his heirs, executors, or administrators, or their or any of their, or his proper lands, or goods, with, or for, the performance of anything contained in any such instrument, but the amount of all damages, costs, and charges recovered in any action or suit, in consequence of any such instrument, or which any such Commissioner or the Clerk shall otherwise be put to by virtue of this Act, shall be paid out of the general rate authorised to be levied under this Act, or other the goods and chattels vested in the Commissioners by virtue of their office, unless such action or suit or any such damages or charges have arisen in consequence of wilful neglect or default on the part of thy Commissioner incurring the same, or of their Clerk, or unless such action or suit shall have been defended without the order or direction of the Board. And all sums of money to be recovered by the Board in any action or suit shall be applied to such purposes as the Board may think proper. WITH REFERENCE TO ACCOUNTS. 25. The Board shall in a Book to be kept by them for that purpose, enter true accounts of all sums of money by them received and paid, and of the several matters in respect whereof such sums shall have been so received and paid. All such accounts with all papers and vouchers relating thereto, together with a full abstract or balance sheet thereof, signed by at least three of the Commissioners, shall every six months be transmitted to the Superintendent, and shall (as soon thereafter as conveniently may be) be examined and audited by the auditors appointed for auditing the public accounts of the Province, and a copy of such abstract or balance sheet when audited shall be published in the Government Gazette. 26. Upon the election of every Board all monies found by the auditors to be due from the former Board under the provisions of this Act, together with all books of accounts, vouchers and papers shall be forthwith paid and delivered over to the Board for the ensuing period. POWER AND DUTIES OF THE BOARD. 27. The entire management of the Streets, the Sewerage, and Drainage, and the preservation of the health of the inhabitants of the town for which any such Board shall be constituted shall be vested in such Board. 28. It shall be lawful for the Board to make all such By-laws as may be necessary or expedient for regulating the mode of valuing and facilitating the valuation of the property to be assessed to any rate authorised by this Act to be imposed, the apportionment; assessment and collection of any rate, and all matters and cases not herein specially provided for, and which may be necessary or expedient in order to enable the Board to carry out fully and effectually the objects or purposes of this Act ; and by any by-law to impose such reasonable! penalties as it may think fit, not exceeding £5 for each breach of any by-law, and in

case of a continuing offence, a further penalty not exceeding Forty Shillings for each day after notice of such offence, from the Board. 29. Provided, however, that no by-law shall be repugnant to the laws of the Province of Wellington, or to the provisions of this Act, that under every by-law it shall be lawful for the Justice or Justices before whom any penalty thereby is sought to be recovered, to order the whole or part only of such penalty to be paid, or to mnit the whole penalty ; and that no by-law shall have any force until it shall have been submitted to and confirmed by a special meeting of the Board, at which not less than seven Commissioners shall be present ; and also that no by-law shall be confirmed unless public notice of such bylaw and of the intention to submit the same to the special meeting of the Board for confirmation, shall have been given one month at least befi.re the same shall be so submitted. 30. All by-laws made and confirmed as aforesaid by the Board, shall be printed, with the date of the confirmation thereof and hung up in the principal office of the Board, and copies thereof shall be delivered to any person applying for^ the same on payment of such sum as the Board shall direct ; and such by-laws when so confirmed and published shall be binding upon and be observed by all parties, and shall be sufficient to justify all parties acting under the same ; and the production of a printed copy of such by-laws authenticated by the signature of the Clerk of the Board, shall be evidence of the existence and of the due making confirmation, and publication of such bylaws in all prosecutions under the same, without adducing proof of the signature of the Clerk or the fact of such confirmation and publication of such by-laws. 31. The Board shall forward to the Superintendent of the Province a copy of every by-law when and as the same shall be made and confirmed. 32. The Board may from time to time make, raise, and alter, and shall and repair in such manner, with such footways and protection for passengers and with such materials as it thinks fit all or any of the streets within the town. 33. All main or public sewers and drains within the town, whether existing at the time when the Board shall be constituted or made at any time thereafter, and all materials thereof, and for making and repairing streets and of works in progress of every description, or brought upon, or near to any works in progress tor the purpose of being used theieon, shall vest in and belong to, and be under the management and control of the Board. 34. Nothing however in this Act contained shall be construed to authorise the Board contrary to, or inconsistently with any private right to use, injure, or interfere with any sewers or other works made or used for the purpose of draining, preserving improving, or irrigating land ; or to use, injure, or interfere with any watercourse, stream, or river in which the owner or occupier of an} lands, mills, or machinery shall have a right or vested interest, without consent in writing being first obtained, 35. The Board may appoint such officers and servants to assist in the execution of this Act as it may think necessary ; and from time to time at its will and pleasure discontinue or remove any officer or servant. It may out of the monies to arise by virtue of this Act, pay such salaries, wages, or other remuneration to such officers and servants as it may think proper. i 36. The Board shall procure or cause to be made, and from time to time corrected and revised, a survey and map of the town, on a scale of not less than sixty inches to a under its management, also a series of marks mile, whereon shall be marked from time to time, the course of all sewers and drains and figures at convenient distances denoting the height of the ground at every such mark above or below the level of a particular spot within the town, which may be easily found and identified, the position of which spot shall be described on the map, and also, wherever practicable, lines of equ. 1 altitude at every four feet of elevation, or at such intervals as may appear upon due inquiry to be best adapted for the guidance of works of sewerage and drainage, and for other purposes within the town for which a knowledge of the levels thereof may be necessary ; which map or a copy thereof with the date expressed thereon of the last time when it was corrected and revised, shall be kept in the office of the Board, and be open at all seasonable hours to the inspection of the owners or occupiers of any lands within the town.

37. The Board may cause every such map to be engraved or printed, and may defray the costs of the surveys and maps out of the assessments authorised to be levied under this Act. 38. The Board shall cause propei "beach marks for denoting the levels to be inscribed and marked at convenient distances at "the corners of the streets or other prominent objects within the town. 39. The Board shall cause their surveyor to prepare plans of any new works, and additions to or alterations of existing works that may be required for the effectual drainage of the premises and streets within the town, including provision for properly trapped drains or channels for the removal of all ■waste water and refuse from such premises and from the surface of the streets ; and also to draw on such plans the lines that appear to him most advantageous for main sewers, and the best outfalls for clearing the town of surface moisture and effecting the drainage of the subsoil ; and to point out the most appropriate means and sites for the collection and sale of filth and refuse for agricultural or other purposes ; and also to set forth any other matters which may assist the Board in carrying into execution in an economical and effective manner the several works required to be carried into execution under the provisions of this Act, or which may appear to be necessary for the health and convenience of the inhabitants of the town. 40. The Board shall from time to time, subject to the approval of the Superintendent of the Province, divide the town, if and as occasion shall require, into separate drainage districts, having regard in such division to the nature of the ground, to the main lines of sewers, by which such separate drainage districts are or shall be drained, and to the equal benefit as far as may be, of all the lands and buildings to be comprised in any such drainage district ; and shall cause its surveyor to define and describe the several drainage districts on the plan of the town to be made as aforesaid. 41. The Board shall from time to time, subject to the restrictions herein contained, as to the notice to be given and the plans and estimates to be prepared, cause to be made such main drain and other sewers as shall be necessary for the effectual drainage of the town ; and also ajl such reservoirs, sluices, engines, and other works as shall be necessary for cleansing such sewer, and if needful carry such sewers through and across all underground cellars, and vaults under any of the streets, doing as little damage as may be, and making full compensation for any damage done ; and if for completing any of the aforesaid works it be found necessary to carry them into or through any enclosed lands, the Board may carry the same into or through such lands accordingly making full compensation to the owners or occupiers of any enclosed land. It may also cause such sewers to communicate with and empty themselves into the sea or any public stream or river, or cause the refuse |from such sewers to be conveyed by a proper channel to the most convenient site for its collection and sale for agricultural or other purposes as may be deemed most expedient, but so that the same shall in no case become a nuisance ; provided always that in making any such main and other sewers, or in repairing, reconstructing, or enlarging the same or any existing drains or sewers, the contents at present carried into any existing outlet shall not be diverted therefrom to the prejudice of any actual existing legal right. 42. The Board shall from time to time repair and as it sees fit enlarge, alter, arch over, or otherwise improve all or any of the Sewers vested in it. It may demolish or discontinue any sewer which may appear to it to have become useless, provided that it be so done as not to create a nuisance. 43. The Board shall for all the purposes of this Act, have power by itself or its officers, to enter at all reasonable hours in the day time into and upon any land, buildings, and premises within the town, as well for the purpose of inspection as for the purpose of executing any work authorised by it to be executed, without being liable to any legal proceeding on account thereof ; pro- i vided always that except when herein otherwise provided, the Board or its officers shall not make any such entry unless with the consent of the occupier, until after the expiration of twenty-four hours' notice for that purpose given to the owner or occupier. 44. The Board may stop up any street and prevent the same from being used as a common thoroughfare for a reasonable time ■ during the execution of any work authorised by this Act.

45. Every person who shall at any time obstruct the Board, or any person employed by it in the performance of any thing which they are respectively empowered 1 or required to do by this Act, shall be liable to a penalty not exceeding five pounds. 46. The Board shall during the execution of any work, take every proper precaution for guarding against accident, and every person who takes down, alters, or removes any bar or chain, or other protection, or extinguishes any light placed at or near to any work for protection without the authority or consent of the Board, shall for such offence be liable to a penalty not exceeding Five pounds. 47. The Board may from time to time provide places convenient for the deposit of the night soil, dung, ashes, and other filth, and rubbish to be collected under the authority of this Act ; and for stabling and keeping all horses, carts, implements, and other things required for the purposes of this Act, and for any of such purposes the Board may purchase or hire any lands or buildings by it considered necessary, or it may cause any new building to be made upon any lands which shall be hired or purchased by it under the provisions of this Act. 48. Twenty-eight days at least before fixing the level of any street which shall not have been hitherto levelled, and before making any sewer where none was before or altering the level or course, or abandoning or stopping any sewer, the Board shall give notice of its intention to perform any such work by posting a printed or written notice on a conspicuous place at each end of every such street, through, or in which such work is to be undertaken, in which notice shall be set forth the name or situation of the street intended to be levelled, and the names of the places through, or near which it is intended that the new sewer shall pass, or the existing sewer be altered or stopped up, and also the places of the beginning and the end thereof, and shall refer to plans of such intended work, name or place where such plans may be seen, and a time when and place where all persons interested in such intended work may be heard thereupon. 49. Before giving notice of its intention to contract any work of which by this Act it is required to give notice, the Board shall cause plans of the intended work to be made on a scale not less for a horizontal plan than one inch to eighty-eight feet, and for a vertical section not less than one inch to two feet, and in case of a sewer, showing the depth of such sewer below the surface of the ground, which plans shall be deposited in the office of the Board, or some other convenient place, and shall be open at all reasonable hours for the inspection of all persons interested therein during the time from which such notice is required to be given. 50. The Board shall meet at the time and place mentioned in the notice to consider in the presence of its surveyor any objections made against such intended work, and all persons interested therein or likely to be aggrieved thereby, shall be entitled to be heard before the Board at such meeting, and thereupon the Board may in its discretion abandon or make such alterations in the intended work as it may judge fit, and no such work to which any objection is made at such meeting shall be executed unless the surveyor of the Board after the person making such objection, or his agent has been heard, shall certify that the work in his judgment ought to be executed. 51. Before any contract for the execution of any works under the provisions "of this Act to the amount of one hundred (£100) pounds shall be entered into, the Board shall obtain from its surveyor an estimate in writing, as well of the probable expense of executing the work in a substantial manner, as of the annual expense of repairing the same, and also a report as to the most advantageous mode of contracting, that is to say whether by contracting for the execution of the work only, or for executing and maintaining the same in repair during a term of years or otherwise. 52. Before any contracts to the amount j of one hundred (£100) pounds and upwards shall be entered into, thirty (30 ) days' notice at the least shall be given; in one of the newspapers published in the Town, or if no paper be published in the Town, then in one of the newspapers published in the Town of Wellington, expressing the object and purpose of such contract, in order that any person willing to undertake the same may tender for that purpose to the Board at a certain time and place in such notice to be mentioned, and

the Board shall take security for the due performance of such contracts. 53. The Board may compound and agree with any party who shall have entered into any contract under the authority of this Act, or against whom any action or suit may he Drought for any penalty contained in any such contract, or in any bond or other securities for the performance thereof, or for, or on account of any breach or non-performance of any such contract, bond, or security for any sum of money or other recompense as the Board may think proper. 54. If any person by means of any en-lai-gement, alteration, or discontinuance of any sewer or other proceeding of the Board be deprived of the use of any sewer or drain which such person was theretofor lawfully entitled to use, the Board shall provide some other sewer or drain equally effectual for such purpose and if the Board refuse or do not within seven days next after notice in writing served upon it, begin and thereupon diligently proceed to restore to its former effective state such drain or sewer the use whereof has been affected by the Acts of the Board, or to provide such other sewer or drain as aforesaid, it shall forfeit to the person aggrieved any sum not exceeding forty shillings for every day after the expiration of such seven days, during which he is deprived of the use of the drain or sewer to which he was so entitled, and is not provided with such other drain or sewer as aforesaid. 55. Every person not being employed for the purpose by the Board, who shall make any drain into any of the sewers or drains so vested in the Board shall forfeit to the Board a sum not exceeding five pounds and the Board may cause such branch drain to be re-made as it thinks fit, and all the xpense incurred thereby shall be paid by the person making such branch drain, andshall be recoverable by the Board as damages. 6. No building shall be erected over any sewer belonging to the Board, without the consent of the Board first obtained in writing, and all vaults, arches, and cellars shall be substantially made, and so as not to interfere or commnnicate with any sewers belonging to the Board, and after the operation of this Act in any Town any building be erected, or any vault, arch, or cellar be made therein contrary to the provisions herein contained, the Board may demolish or fill up tl c same, and the expense incurred thereby shall be paid by the person erecting such building, or making such vault, arch, or cellar, and shall be recoverable as damages. * 57. All sewers and drains within the Sowh weether public or private, shall be provided by the Board or other persons to whom they severally belong with proper traps or other coverings for means of ventilation so as to prevent stench. 58. Any person being the owner or occupier of any lands beyond the Town, and in respect of which he would not be liable to the payment of the rates authorised to be levied under this Act, may with the consent of the Board first obtained in writing and upon payment to them of a reasonable sum of money to be agreed upon between them, at his own expense and under the superintendence of the Surveyor of the Board cause to branch into, and to communicate with any of the sewers belonging to the Board any sewer or drain in respect of the said property which may lawfully be made therefrom of such size, and in such manner and form of communication as the Board may approve of, provided always that nothing in this Act contained shall affect any right theretofore acquired by such owner or occupier to use any of the Sewers or drains belonging to the Board. 59. The Board may give notice to the occupier of any house or building to remove or alter any porch, step, fence or any other obstruction or projection erected or placed against, or in front of any house or building within the town and vrhich is an obstruction to the safe and convenient passage along any street, or any encroachment thereupon, and such occupier shall within ten days after the service of such notice upon him remove such obstruction or alter the same in such manner as shall have been directed by the Board, and in default thereof shall be liable to a penalty not exceeding forty-shillings. And the Board in such case may remove such obstruction, projection, or encroachment, and the expense thereof shall be paid to the Board by the occupier so making default. 60. No cellar or vault shall after the operation of this Act, within any town he

made under any street, nor shall any opening be hereafter made in any strset or footpath to make an entrance to any cellar or vault. 61. The Board may order the owner or occupier of any house or building, in, adjoining, or near to any street, to put up and keep in good condition a gutter pipe, or trough to convey the water from the roof thereof in such manner that the water from such house or any projection therefrom shall not fall upon the persons passing along the street, or flow over the footpath, and in default of compliance with any such order within seven days after service thereof, such owner or occupier shall be liable to a penalty not exceeding forty shillings, for every day that he shall so make default. 62. If any building or wall or anything affixed thereon within the Town be deemed by the Surveyor of the Board to be in a state dangerous to passengers, or to the occupiers of the neighbouring buildings, such Surveyor shall immediately cause a proper board or fence to be put up for theprotection of passengers, and shall cause notice in writing to be given to the owner of such building or wall, if he be known and resident within the Town, and shall also cause such notice to be put on the door or other conspicuous part of the said premises, or otherwise to be given to the occupier thereof if any, requiring such owner or occupier forthwith to take down secure or repair such building, wall or other thing, as the case shall require, and if such owner or occupier do not begin to repair, take down or secure such building, wall, or other thing within the space of two days after any such notice has been so given or put up as aforesaid, and complete such repairs or taking down or securing as speedily as the nature of the case will admit ; or if no owner or occupier can be found on whom to serve such order, the Board shall with all convenient speed cause all or so much of such building, wall, or other thing, as shall be in a dangerous condition to be taken down or otherwise secured in such manner as it shall deem requisite, and all the expenses of putting -up such fence and of taking down or securing such building, wall, or other thing shall be paid by the owner thereof. 63. If any such house or building as aforesaid, or any part of the same be pulled down by virtue of the powers aforesaid, the Board may sell the materials thereof, or so much of the same as shall be pulled down, and apply the proceeds of such sale in payment of the expenses incurred in respect of such house or building, and restore any surplus to the owner of such house or building on demand, nevertheless, the Board, although they sell such materials for the purposes aforesaid, shall have the same remedies for compelling the payment of so much of the said expenses as may remain due after the application of the proceeds "of such lease as are hereinbefore given to them, for compelling the payment of the whole of the said expenses. WITH REFERENCE TO NEW STREETS & PRIVATE DRAINAGE. 64. No house or building within the Town shall be built upon a lower level than will allow of the drainage of the waste and refuse of such house or building into some sewer belonging to the Board, either then existing or marked out upon the map, herein directed to be made by them, or into the sea r -or some public stream, or river into which the Board is empowered to empty its sewers. 65. Whenever any house is built within the Town the level of the cellar or other lowest floor of such house shall be raised sufficiently to allow of the construction of such a drain as is hereinbefore provided ; in the case of houses to be built after the operation of this Act, and whenever any house is taken down to or below the roof of the floor commonly called the ground or street floor, for the purpose of being built up again, such building shall be deemed a re-building within the meaning of this Act, 66. Before laying out any new street, beginning to build any house, or to re-build any existing house within the town, the person intending to lay out such street, to build or re-build such house shall give to the Board notice thereof in writing and shall accompany such notice with a plan showing the level at which such street or the foundation of such house is proposed to be laid by reference to some level ascertained under the direction of the Board. (To be concluded m our next.)