AUCKLAND MUNICIPAL POLICE ACT, 1862.

New Zealander, Volume XVIII, Issue 1672, 26 April 1862, Page 5

AUCKLAND MUNICIPAL POLICE ACT, 1862.

An Act to repeal i£ The Auckland Municipal IroLicc Act , 1858,” and to substitute other provisions in lieu thereof, and to regulate Municipal Police in the Province of Auckland. Whereas an Act was passed by the Local Legislature of the Province of Auckland, during the Bth Session thereof, entituled “An Act to regulate Municipal Police in the Province of Auckland,” and it is expedient that the provisions thereof should be amended, and for that purpose that the said Act should be repealed. Be it enacted by the Superintendent of the Province of Auckland, by and with the advice and consent of the Provincial Council thereof, as follows: — I. The said recited Act is hereby repealed from and after the commencement of this Act. 11. Even person who shall within the Province of Auckland commit any of the ollences next hereinafter specified, shall for every such oSenca forfeit and pay a sura not exceeding five pounds (that is to say), 1. Every person playing at any game in any street, by-way, or public thoroughfare, on the Lord’s Day in the City of Auckland. 2. All persons assembling in any street or other public place on the Lord’s Day, to the disturbance of any congregation of worshippers. 3. Every person who shall negligently or wilfully fire any litter, shavings, or other combustible matter, so as to endanger any house or other Building. 4. Every person who shall negligently, carelessly, or furiously ride or drive in a public thoroughfare, any horse or vehicle. 6. Every person who shall wantonly and cruelly beat, ill-treat, abuse, or torture any cattle, dog, or other domestic animal.

6. Every occupier (and where there is no occupier every owner) of a house or other building accommodated by an opening in the public footway or roadway, giving access or light to any cellar or sunk casement, who shall neglect to keep such opening securely covered and constantly closed by a substantial trap-door, or by substantial rails or bars, or in some other sufficient manner, save only at reasonable times in the day-time when articles or things stored in such cellar _ or casement are in actual course and process of being lowered or brought up. 7. Every occupier, (and where there is no occupier every owner) of a house or other building, who sball neglect to keep all wells in open or unenclosed places belonging to bis house or premises securely covered. 8. Every person who shall convey within the electoral districts ot the City of Auckland, and of Parnell, and of Newton, night-soil or offensive matter from a slaughter-house along any public thoroughfare after the hour of six o'clock in the morning, and before the hour of twelve o'clock at night, or who shall shoot or cast from any conveyance any night-soil, offensive matter, filth, or ammoniacal liquor, upon any street, thoroughfare, or public place, except in such places as shall l?e set apart for that purpose or who shall wilfully slop or spill any such offensive matter in the removal thereof, or who shall not carefully sweep and clean every place where any such offensive matter shall have been placed, slopped or spilled. 9. Every person who sell or expose for sale or have in his possession with intent to sell any meat, fish, or vegetables which after due examination by the Commissioner of Police shall be condemned as unfit for human food; or shall have in his possession, for the purpose of slaughtering and disposing of for human food, any diseased animal uufit for such food. 10. Every person who without due authorization) shall throw or leave earth, stones or rubbish upon a public thoroughfare. 11. Every person who shall, in any thoroughfare within tne City of Auckland, fly any kite or kites, beat any carpet or carpets, throw or leave glass, earthenware, hoops, rubbish, ashes, offals, slops, or any dead animal remains or offensive matter of any kind, in, into, or upon any street, lane, road, or other public place, except some place to be appointed for that purpose, or into any river, creek, stream, or other water, or leave or cause the same to be left on the bank thereof; or who shall suffer any dead animal or offensive matter to remain before his premises; or who shall slaughter any animal in, upon, or near any public street, lane, or other thoroughfare so that any blood or filth shall flow thereon. 12. Every person who shall place upon any part of a public throughfare (without an authority from the Superintendent or the Officer appointed by him) any timber, stones, bricks, lime, or other matherials for building. 13. Every person who, having been given such authority as last aforesaid, still occupy with such building materials more than onethird of the width of the thoroughfare in the front of the space to be built upon, or who shall refuse or neglect on being therto required by the Commissioner of Police or any Constable of the Police Force to enclose such building materials with a hoarding of not less than six feet in height and to place on the outside of such hoarding and along the whole length thereof a planked footpath of not less than three feet in width, with a hand-rail for the use of passengers; every such refusal or neglect to be deemed a separate offence. 14. Every person who shall suspend or place any carcase, meat, or offal, so as to overhang any part of a public thoroughfare. 15. Every person who shall within the City of Auckland permit any goods, wares, merchandize, empty casks, cases, or any other things whatsoever to remain upon any carriage-way or footway for a longer time than may be reasonably necessary in the course of removing the same, or suffering any vehicle to remain upon any carriageway for a longer time than may be necessary to load or unload the same, so as by any such means to obstruct the free passage of any such carriageway or footway. The Commissioner of Police or any Constable is hereby authorized and empowered to seize and remove any property causing such obstruction as aforesaid and to detain the same in some place to be set apart for that purpose until the expense (to be ascertained and fixed by the Commissioner of Police) of removing and detaining the said Property shall be paid. If the property seized be perishable and be not claimed witbin twenty-four hours it may then be forthwith disposed of in such manner as the Besident Magistrate of the City of Auckland, or

in his absence any two Justices of the Peace, m»J direct; And if the property so seized be not perishable and be not claimed within one week after being twice advertized in one at least ot the newspapers published in Auckland at the time, it may be forthwith sold by public auction. The proceeds arising from the sale of any such property shall be paid into the Provincial Treasury as part of the funds thereof. 16. Everv person wno shall train or breafc horses in a public thoroughfare within any town or village. . , 17. Every driver of a vehicle not driven Dy means of reins who shall ride thereupon, therebeing no person on foot to guide the same, or whoshall remain at such a distance from his vehicle (whether the same shall be at rest or in motion} as not to have the command of the horses or cattle drawing the same. And every driver or rider leaving any horse standing without being secured, or some person left in charge of the same, or not keeping to the left or near side of the road when meeting any other person riding or driving, or in overtaking any such person not keeping to the ofl' or right side for the purpose of passing, or wilfully preventing any other person from passing or wilfully interrupting the free passage of any other person. 18. Every driver or conductor of any omnibui or other Vehicle plying for hire who shall overload such vehicle "or carry therein !a greater number of passengers than in the proportion of one to every eighteen inches of space provided for the accommodation of such passengers, or who shall carry any passengers on the roof of such vehicle without having a proper seat with back and side rails provided for such passengers. 19. Every person driving any omnibus, or other vehicle plying for passenger hire, who shall neglect to have legibly painted on the side and door of such omnibus or vehicle the number of passengers which he is entitled to carry according to the provisions of this Act. 20. Every person being the driver of or having charge of any vehicle plying for hire who shall use as a stand any street, lane, or thoroughfare, or any part thereof, except the place or places to be from time to time set apart for that purpose by the Superintendent of the Province. 21. Every person who shall wilfully encumber or obstruct a public thoroughfare in any way not before specifically described. 22. Every person who having charge of any stallion or bull shall permit the same to cover in any paddock, close, or land, being within public view in any city, town, or village. 23. Every person who shall profanely swear, or use in a public thoroughfare or place any obscene language. 24. Every person who shall indecently expose his person. 25. Every person who shall wantonly or maliciously deface, injure or remove any door plate, bell, knocker, lamp, or signboard, gate, or other property, or who shall wantonly or maliciously disturb any inhabitant by ringing any door bell or by knocking at any door. 26. Every person who shall without lawful cause discharge any firework or fire-arms or any explosive material within the electoral districts of the City of Auckland. 27. Every person who shall for the purposes of sale axpose or place upon any part of a public thoroughfare within the electoral district of the City of Auckland any goods, wares, or merchandize, or shall make use of any show-board projecting over any part of such thoroughfare. 28. Every person placing or permitting to be placed in front of any shop or house within the City of Auckland any awning which shall be less than seven feet high from the footway or the poles whereof shall be placed otherwise than at the outer edge of such footway. Every day on which any awning of a less height than that hereinbefore specified shall be used to be considered a separate offence.

111. Every occupier who shall allow any chimney of the house occupied by him to take fire shall be fined for the first offence a sum not exceeding two pounds; and for the second offence, within the space of two months, a sum not exceeding five pounds. IV. Every person who shall commit any of the offences next hereinafter specified shall for every such offence forfeit and pay a sum not exceeding twenty pounds. That is to say:— 1. Every person who shall wilfully destroy or damage any public building, erection, bridge, fence, trees, post, gate, bench, sewer, culvert, watercourse, road, footway, or other public work. 2. Every person who shall remove without due authority any soil, stone, or other material used in the formation of any road or footway. 3. Every person who shall dig or excavate without due authority upon or beneath the surface of any road or footway, or who having opened any hole, vault, foundation, or excavation in any public thoroughfare, shall leave the same without being securely fenced in, and shall not keep a light burning upon the said enclosure from sunset to sunrise. 4. Every person who shall without due authority encroach upon the limits of any road, street, or public thoroughfare. 5. Every person who shall willfully and wantonly remove any survey mark set up by any Government surveyor or other public authority. V. Upon complaint by the Commissioner of Police, or other person to be appointed by the Superintendent, of the existence of any nuisance within the limits of the electoral districts of the City of Auckland, Newton, and Farnell (whether by the exercise of any noisome or unwholesome trade, or by the keeping of any hogs, or of any privy, stye, or receptacle for filth of any kind, or otherwise howsoever such nuisance shall arise), it shall be lawful for the Resident Magistrate acting within the district, or for two Justices of the Peace, to issue a notice requiring the occupier, or if there be no occupier then requiring the owner of the land or property, on which such nuisance shall exist to abate such nuisance within a reasonable time, to be specified in such notice. And the said Resident Magistrate or Justices shall cause every such notice to be forthwith served on such occupier or owner, or to be affixed in some conspicuous situation on such property; and in case and so often as such occupier or owner shall disobey any such notice he shall for every such offence, on proof of the existence of the nuisance specified in such notice, forfeit and pay a sum not less than one pound nor exceeding ten pounds. VI. Every owner of an omnibus, or other public vehicle plying for passenger traffic, shall obtain from the Commissioner of Police a certificate setting forth the number of passengers which such omnibus or other vehicle is capable of carrying according to the measurement of eighteen inches of space to each passenger, and on neglecting to do so shall be fined any sum not exceeding two pounds ; every day during which such neglect shall continue to be deemed a separate offence. VII. Nothing in this Act shall be construed to take away or repeal any liability or penalty which at common law, or by virtue of any statute, ordinance, or act in force within the Province shall attach to or he incurred in respect of any such offence as aforesaid. VIII. All complaints and informations under this Act shall be made and lodged by any officer or constable of the Armed Police Force or by any person to be appointed by the Superintendent: Provided that such officer, con table, or other persun shall, and he is hereby required to, lay such information, or complaint, on being thereunto requested in writing by any householder. IX. All penalties imposed by this Act shall be recoverable in a summary way, X. This Act shall come into operation at the expiration of one month from the publication thereof in the Provincial Government Gazette. XI. This Act may be cited and referred to as " The Auckland Municipal Pelie* Ae5,1892."