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CITY COUNCIL ACT.

Title. An Act to provide for the Municipal Government of City of Auckland. Preamble. Whereas it is expedient to make provision for the good order, health, and convenience of the inhabitants of the City of Auckland: Be it therefore enacted by the Superintendent of the Province of Auckland, with the advice and consent of the Provincial Council thereof, as follows ; Constitution of Body Corporate and Council. Inhabitants of City Incorporated. 1. The inhabitants of the City of Auckland, as the said City is defined in the Schedule hereunto annexed, shall be a Body Corporate in name and in deed with perpetual succession and a common Seal : Provided always that no Dockyard, Victualling Establishment, Arsenal, of Barracks, belonging to Her Majesty, shall be deeated to be included within the boundaries of the said City. Style of Body Corporate. 2. The said Body Gorpoiate shall bear the style and title of “ The Council and Burgesses of the City of Auckland,”

® | Council constituted. ‘ j 3. for the Government of the said City there shall 1 j he a Council (throughout this Act called “The * Council,”) which shall consist of seven members to bo J elected is hereinafter mentioned. 3 Four members to go out of office in 1856. three other mcmbei* I’ in 1857. i 4. Four of the seven members to be first elected, ‘ shall go out of office on the last Wednesday in the ( month of February, in the year 1856, and the remaint ing three members on the last Wednesday in the month s of February, 1857, and in every subsequent year , those members, whether four or three as the case may be, who shall have been two years in office, shall go j out of office on the last Wednesday in the month of February. Those lowest on the poll to go out in 1856, or by lot. [ 5. If a Poll shall have taken place the four members who shall go out of office in the year 1856 shall be i those who were lowest on the Poll, and if no Poll shall have taken place, then the four to go out of office shall be determined by lot. Mode of Election. Qualification of Burgesses. 6. Every person whose name shall be on the Electoral Roll for the time being of persons entitled to vote for members for the City of Auckland in the Provincial Council of the Province of Auckland, shall be qualified lo vote at the Election of Councillors for the City of Auckland ; and the said Electoral Roll shall be deemed the Burgess Roll for the purposes of this Act. Qualification of Members. 7. Every person whose name shall be on such Burgess Roll shall be qualified to be elected a member of sucb Council. Returning Officer. 8. The Returning Officer shall be the Commissioner of Police for the time being acting for the City of Auckland, or such other person as the Superintendent shall from time to time appoint in that behalf. Polling places. 9. The polling shall take place at some one or more convenient place or places in the City of Auckland as the Returning Officer shall from time to time appoint. Days of Election. 10. The Election of members for the City Council shall take place on the last Wednesday in the month of February in the yeai 1851, and on the last Wednesday in the month of February in the year 1856, and every subsequent year. Notice of Election. 11. The Returning Officer shall give fourteen dayg notice at least of the first and every subsequent election by an advertisement to be inserted in all the newspapers published at the time in the said City of Auckland. Who may nominate Candidates. 12. Any two persons entitled to vote at any election may propose as members for the said Council any persons not exceeding the number to be elected, having the qualification hereinbefore prescribed. Mode of Nomination. 13. Such proposers shall at least six days before the day of election, deliver or cause to be delivered to the Returning Officer, or such person as he may appoint to receive the same, a nomination in writing, containing the chri.'tian names and surnames of the persons whom they propose, together with their places of abode and descriptions, and signed with the names of tne proposers, and setting forth their own places of abode and descriptions. Returning Officer to examine nomination papers. 14. The Returning Officer shall examine, within two days next after th last day upon which the* names of persons proposed as Candidates could be delivered Jin, the nomination papers which have been so delivered as aforesaid. No contest, candidates to be declared duly elected. 15. If ihe nu-nher of Candidates duly qualified duly proposed as aforesaid shall not exceed the number of members to be then elected, the Candidates so pro posed shall be declared duly elected by a notice to be published by the said Returniug Officer in the Auckland Provincial Government Gazette. In case of contest names of candidates to be published. 16. If the number of Candidates so duly qualifiedand proposed as aforesaid, shall esceed the number to be then elected, the Returning Officer shall forthwith give notice in the Auoklantl Provincial Government Gazette, and all the newspapers published before the day of election in the City of Auckland, stating the names of the persons proposed, their residences, and descript ons, and also the names, residences, and descriptions of the proposers. Polling t) take place before Returning Officer or his deputy, 17. The polling shall take place before the Returning Officer or a depu ly to be appointed by him, and the voting shall be conducted in manner following, that is to say : How votes to be taken. Every Elector may vote for any number of persons (not exceeding the number of persons then to he chosen,) by delivering to the Returning Officer or his deputy a voting paper containing the Christian names and Surnames of the persons for whom he votes, together with their places of aoode and descri. tions, and signed with the name of the Elector so voting, and setting forth his own place of abode and description. Questions may l>eput to voters. 18. No enquiry shall be permitted at any such Election, as to the right of any person to vote, except only that the Reluming Officer shall, if required by any two Burgesses put to any voter, at the time of his delivering in his voting paper, and not afterwards, the following questions and no others. 1. Are you the peison whose name is signed as (A. B.) lo the voting paper now delivered in by you 1 2. Ate you the person whose name appear* as ( A. B.) on the Electoral Roll now in force for the City of Auckland ? 3. Have you already voted at the present Election?* And no person required to answer any of the said # questions shall be permitted or qualified to \ ot .until he shall have answered the same ; the first two affirmatively and the last negatively. « Poll to be ascertained and election declared. 19. At the close of the poll the Returning Officer shall ascertain the number of votes given for every Candidate and shall forthwith publicly declare, according to the number of vacancies to be filled, the several persons who shall have the greatest number of votes to be duly elected. In case of equality of votes. 20. In case of an equality of votes at any such Election the Returning Officer shall determine by lo', the priority between the persons for whom an equal number of vote* shall have been given. Voting papers to be kept. 21. Such voting papers as aforesa : d, shall be kept by the Returning Officer, far the space of six months after the Election, and an v Burgess shall be permitted to inspect tile same upon payment of one shilling. Notice to be given to persons elected. 22. The Returning Officer shall forthwith notify to each person electel, the fact of bis election, and shall require him within one week to declare whether he accepts or declines the office to which he may have been elected. When deemed to decline to serve. 23. If any person so elected shall after receipt of such notice fail to comply with sucb request, he shall be held to have declined such office, and the same shall be deemed vacant. Vacancies, how supplied, 24. In case any Councillor so elected, shall decline the office, or in case any extraordinary vacancy shall otherwise occur in the Council, every such vacancy shall be filled up by an el.-ciion to take place on some Wednesday to be fixed by the Returning Officer, and to be conducted ia manner hereinbefore provided, within twenty-eight days aft*r such vacancy shall have been made known to him by a certificate under the band of the Clerk of the said Cruncil, (who is hereby required forthwith so to makek.i wn the same,) and every person so elected shall bold office until the time when the person in the room of whom be was chosen would regularly have gone out of office. Councillors may be re-elected. 25. Every member of the Council shall be capable of being re-elected upon the expiration of his term of office. Questions as to seats of Councillors to be determined by Superintendent. 26. If any question of any kind shall ariae aa to the election, or in reference to the vacancy of any seat of any member of the “ Council,” or as to the right or duty of any member to sit therein, such question shall he determined by a written decision of the Superintendent, which shall be final and conclusive. Powers of Body Corporate and Council. Body Corporate to have usual powers of Corporation. 27. The said Body Corporate shall, for the purpose* of this ad, be capable in law, by the Council thereol,

| to do and to suffer all such acts aa can be law fully done or suffered, and to have and enjoy all rights and privileges which may be exercised by any Body Corporate- { To purchase ami sell lands, Ac. i 98. The said Body Corporate bv the Council thereof • shall have power and authority either for any specific purpose or generally for the use of the said Body Corporate, to accept take, purchase, and hold land; and also power and authority to mortgage, lease, and sell all land, except such as is held on a specific trust; and to demise, assign, transfer, and convey the same. Survey of area cf City, and maps thereof, to be made. 29. The said Council shall, as soon as conveniently may be, causa to be made and completed, a suivey cf the area within the limits of the said City, or such pans thereof as the said Council may think necessary or expedient to include in such survey for any useful purpose, and shall cause maps thereof to be made, with such indications of levels and particulars of severs and underground works as the said Council shall think necessary for affording useful information to all parties requiring the same. Standard spot to be fixed, and marks to be made denoting levels. 30. The Council shall cause to be marked on the said maps a series of marks and figures, at convenient distances, denoting the height of the ground at every such mark above or below the level of a particular spot which may be easily found and identified; and the position of which spot shall be described or marked on the said maps; and shall also cause proper level marks for denoting the levels to be inscribed and marked at convenient distances and places, at the corners of streets, on posts, houses, or other prominent objects. Maps to be revised. 31. The said Council shall from time to time cause such maps to be revised, and such additions made thereto as shall shew new works and other alterations. Maps to be open to inspection.. 32. Every such map shall be kept at the office of the said Council, aud the same, or a copy thereof, shall be open at all reasonable times to the inspection of all owners and occupiers of land within the said City, on payment of a fee of one shilling. To make highways, Ac. S3. The said Council shall have power to make and keep In repair all highways within the limits of the said City; to excavate, construct, and maintain well* waterworks, conduits, sewers, drains, and other like works; and to provide lor the prevention of fires, the prevention asd abatement of nuisance*, the regulation of markets and fairs, and the construction of market-places, the licensing and regulation of hawkers and carters, the watching, paving, lighting, and cleansing of the said City, and for all such purposes as they may deem uecessary for the good order, health, and convenience of the inhabitants of the same. Bye Laws. To make Bye Laws. 34. The said Council shall have power, from time to time, to make, ordain, alter and repeal Bye Laws for the good order, health and convenience of the said City. Objects for which Bye Laws may be made. 35. Such Bye Laws may be so made especially for all or any (amongst others) of the several objects following, that is to say,— Highways. I. For the making and maintaining of any highways or other interna! communications from one part of the City to any other part thereof; and for regulating the flagging, paving, aud repairing of the same. Public buildings. 9. For the erection and repair of Public Bu Idings lor any corporate purposes, and for the prott-ction of public property. Property. 3. For the purchase or sale of any property for any corporate purposes. Observance of the Sabbath. 4. For suppressing ami restraining Sabbathbreaking, and enforcing the due observance of the Lord’s Day. Draining, Ac. 5. For Draining, paving, lighting, watching, repairing, and cleansing any Highways within the City. Markets. 6. For maintaining and regulating market places and for imposing market tolls and dues. Bates. 7. For the imposition, collecting, accounting for, and auditing of all rates and assessments on property, real or personal, or both, within such City, or upon the owners or occupieis of any such property. Complaints. 8. For the hearing by the said Council of complaints by persons who shall think themselves aggrieved by any rate or assessment, and for adjusting (if required) any such rate or assessment accord, ingly. Hawkers. 9. For the licensing, regulation, and government of Hawkers and Pedlars, and for fixing the amount of license fees to be paid. Lodging Houses. 10. Fer the inspection, licensing, and regulation of lodging-houses, and for promoting the cleanliness and ventilation of the same, and for fixing the amount of license fees to be paid. Bathing. 11. For regulating bathing in the waters adjoining the City. Disorderly Houses. 19. For the suppression and restraint of disorderly houses and houses of ill-fame and repute. Theatres, Ac. 13. For the licensing, regulation, and government of Theatres and Billiard Tables, and other places of public amusement, and fixing the amount of license fees to be paid. Owners of Cellars, Ac. 14. For compelling the owners or occupiers of cellars, tillow-chandler’s shops, soap lactones, tanneries, privies, sewers, slaughter-houses, and other bouses and places which may be in an unwholesome or offensive state, to cleanse the same from time to time and in such manner as the said Council may think necessary and proper; and for regulating the dimensions, form, mode of construction, and material, for pipes, drains, and other means of communication with public sewers and drains. Cleansing Buildings, Ac., 15. For providing for the cleansing, whitewashing, and purifying of Houses and Buildings in a dirty and unwholesome state. Unwholesome food. 16. For prevention of the sale, or the exposure, or offering for sale of Meat, Fish, or Vegetables unfit for human food, and for the seizure, condemnation and destruction of the same. Carters, Ac. 17. For the licensing, regulation, and government of carters, carriers, porters, and drivers, and fixing the amount oflicense fees to be paid. Cattle in Streets, Ac. 18. For the regulation and government of person® having charge of cattle, and for the prevention of horses being trained in, and entire horses led about streets. Arsenic. 19. For regulating the sale of arsenic and other poisons. Noisome trades. 20. For suppressing and restraining noisome and offensive trades, and the prevention of damage from smoke. Fires. 21. Fortlie prevention of fires, and the regulation aud government of persons present at fires. Gambling. 22. For suppressing and restraining Gambling of every description. Weights and Measures. 23. For carrying out aod enforcing the Law relative to weights and measures. Obstructions to Highways. 24. For preventing obstructions aud encumbrances upon highways. Defacing walls. 15. For preventing the defacing of walls and other places exposed to publieview, by placards, writing or otherwise. Cattle at large. 26. For the prevention of cattle wandering at large on highways. Nuisances--27. For the suppression of all nuisances within the City prejudicial to the health, comfort, or convenience of the inhabitants thereof.

Sick and destitute. 28. For the relief of Sick and Destitute Persons, and for the recovery of the amounts advanced fog such purposes from the husbands, wives, fathers, mo 1 hers, and children respectively of such destitute persons, as the case may be. Application of tolls. 29. For srcuring the application of all tolls, rates, assessments, fines, penalties, repayments, and other receipts in discharge of all expense* of and incident to the execution of all or any of the objects of this act. Salaries. 30. For determining the amount of salaries or other remuneration to be assigned to any officer or person employed by the said Council. Level of Streets. Si. For the regulating, altering, and improving tbs levels of the City Highways, and making compensation to the owners of Land affected thereby. Penalties. 32. For imposing fines anil penalties for the breach and neglect, and the enforcing of any such Bye Laws and regulations as aforesaid; Provided that no such tine or p-nalty so R> be imposed shall exceed the sum of £lO. Bye Laws how to be made. 36. All such Bye Laws shall be made, and all other Corporate Acts shall be done, by the Council thereof; and the Common Seal of the said City shall be attached (o all such Bye Laws and Acts, by the Authority and in the presence of the Council. Not to be repugnant to Acts of General Assembly or Pro* vincial Council. 37. If any such Bye Law shall be repugnant to any law of the General Assembly of New Zealand, or of the Legislature of the 1 rovince, such] Bye Law shall bu null and void. Not to take effect until approved of by Superintendent. 38. No such Bye Laws (except such as relate solely to the said Council or their officers) shall take < ffect within the said City, or ahall hive the force and effect of law therein, unless the same shall have been approv - ed t by the Superintendent. Nor until a month after publication. 39. No such Bye Law shall come into opera-ion until it shall bare received the assent of the Superintendent,and until the expiration of one month after a copy thereof, accompanied by the signification of such assent, shall have been published in the Jurkland Provincial Government Gaxette. Justices may mitigate penalties. 40. All Bye Laws made by the said Council shall be so framed as to allow the Justice, before whom any penalty imposed is sought to be recovered. to order a part only of such penalty to be paid, if he shall think fit. Copy of Bye Laws under common seal evidence. 41. The production of a written or printed copy of the Bye Laws of the Council, having the common seal affixed thereto, shall be sufficient evidence of such Bye Laws in all cases of prosecution under the same. Penalties recoverable in a summary way. 49. All fines and penalties imposed by this act, or (o be imposed by any Bye Law made in pursuance hereof, and all amounts to be repaid by the relatives of sick and destitute persons, shall be recoverable in a summary way, and shall be paid over to the Treasurer of the said City as part of the Public Faucis thereof. Officeiis. Power to appoint Clerk, Treasurer, ke. 4 3. It shall be lawml for the said Council from time to time to appoint fit person-, (not bein'- members of the Council) to he Clerk, Trea-urer, and Inspector* of Nuisances and Weights and Measure*, who shall hold their offices during pleasure; aud to piy such Offiaeis such salaries as rite Council shall deem reasonable. Power to appoint other officers, and employ persons. 44. It shall a’so be lawful for the said Council to appoint and employ sucdi other fit and proper persons aa may be necessary for carrying out the pso vision# of this Act, or any Bye Laws mad: in pursuance thereof and to pay such persons such salaries aud wages as thi Council shall deem reasonable. Meetings op the Council. • Business to be done at meetings. 45. All Acts whatsoever authorized or required to be done by the Council of the sa d City, and all questions that mav come before such Council, shall be done and decided, aud the disbursements of all money voted, by the majority of the members of the Council who shall be present at any meeting thereof; the whole number present at any such meeting not being less than three. Electro i of Chairman. 46. The said Council shall at their fint meeting to take place in the Hall of the Mechanics’ Institute on the first Wednesday in the month of March, 1854, elect some one of their body to be the Chairman for the ensuing year, and shall at their first meeting after the ia-t Wednesday in the month of February in every subsequent year, elect the same or some other person, (in either case being a member of the said Council) to be the Chairman for the ensuing year. Ordinary meetings of Council periodical. 47- The Council shall have ordinary meetings periodically, monthly or otherwise, on such days and at such time and place as shall he fixed by a Bye Law to be made for that purpose. Chairman to call extraordinary meeting!. 48. The Chairman of the Council shall have power to cull an extraordinary meeting of the Coaacil at any other time as often aa be shall think proper. Notice of time and place of extraordinary meetings shall be given. 49, Tbe Chairman shall cause a notice of the time and place of every such extraordinary meeting, specifying the business proposed ».o be transacted thereat, and signed by him, to be left at tbs usual place of abode of every member of the Council three days at least before such meeting, unless it shall appear to the said Chairman that such delay in the bolding of any such meeting would be attended with danger to tin welfare of the said City. Chairman to preside or in his absence a member selected. SX At every meeting of the Chairman or in his absence some other mefiiher of tbe Council selected for that purpose by the Meeting, shall p«• side, and every such Chairman shall not hare an original but only a casting vote. Meetings may adjourn. 51. Every meeting, whether ordinary, extraordinary or adjourned, may be adjourned by the majority ; aud if tbe prescribed number of members do not attend any such meeting, those present may adjourn to another time of the same day, or to some future day. Minutes of proceedings to be kept. 52. Minutes of the proceedings of every meeting shall be entered in a book to be kept for that purpose, and shall be signed by tbe Chairmm of such meeting. To be open to inspection. 53. Every inhabitant shall be at liberty to inspect and make extracts from the book so to be kept, at all reasonable times, upon payment of a fee of one chilling for each inspection. Meetings open to the public. 54. All meetings of tbe said Council shall be open to the Public. Accounts, &c. Accounts to be audited, and balance sheet published. 55. The Treasurer shall, in books to be kept by him for that purpose, enter true accounts of all suu • of money by him received and paid, and all such other accounts as the Council shall direct; and all such accounts, with all vouchers and papers relating thereto, together with a full abstract or balance sheet thereof, shall yearly at such time ns the Council may appoint, be submitted by such Treasurer to Auditors to be appointed in that behalf (nut bring members of the Council ) for tbe purpose of examining and auditing the same: aod such abstract or balance sheet, if found correct, shall be signed bj tbe Auditors, and shall be forthwith published by the Treasurer in tbe Auckland Provincial Gtivirument Gazette . Notices, Ac. may be served-on Chairman or Clerk. 56. The service of any notice, writ, or other legal proceeding, and of every document whatsoever requiring to be served on the said Body Corporate, or on the said Council, may be made on the Chairman of the said Council, or on the Clerk thereof. T. H. Babti-ev, Speaker, Passed the Provincial Council this 3id day of February, 1854. J. Coates. Clerk of Provincial Couneil. Schedule referred to in tbe above Act, A. Boundary of the “City” of Auckland for the par, poses of Abe above Act, comprise# tbe Electoral District of tbe City of A uckland as tbe same is constituted fo* the purpose of returning Me nbei* to serve in tbe l*W viucial Council.

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Bibliographic details

CITY COUNCIL ACT., New Zealander, Volume 10, Issue 820, 22 February 1854

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4,322

CITY COUNCIL ACT. New Zealander, Volume 10, Issue 820, 22 February 1854

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