GREYTOWN LOCAL BOARD.

New Zealand Times, Volume XXIX, Issue 4239, 21 October 1874, Page 2 (Supplement)

GREYTOWN LOCAL BOARD.

Bye-Laws. SCHEDULE XIII. Part I. Clauses 27 to 46 inclusive. 27. Every person who causes to run from any manufactory or any establishment for tho boiling or preparing of any animal matter, or any brewery, slaughterhouse, butcher’s shop, or any dunghill or other receptacle, or from any inn, into or upon any street, public or private, or any footway or channel; and every occupier of any land or premises who causes or permits to run from such land or premises into or upon any such street footway or channel any offensive liquid or matter shall for every day during which any such liquid or matter shall so run forfeit a sum not exceeding five pounds. 28. Every person who,unless where authorized by or under some Act now or hereafter to be in force, shall cause any sludge made in the process of washing earth for gold or otherwise to flow or run into or upon any street, public or private, or any footway or channel, shall for every day during,which any such sludge shall so flow or run forfeit a sum not exceeding five pounds. 29. Every person who throws or lays any building or other materials, or building rubbish, or puts up constructs or erects any stage scaffolding hoarding or fence in upon across or over any street footway channel or public place, save in lawful execution of tho powers given by this subdivision, shall forfeit a sum not exceeding ten pounds, and a further sum not exceeding forty shillings for each day during which such matter or thing or any of it or any part thereof is suffered to remain in or Upon such street footway channel or public place. 30. Every person intending to build put up 1 or take down, or cause to be built put up or taken down any building wall or other structure, or any fence or to alter or repair, or capse to be altered or repaired : the outward part of any such building or oik-? structure, whether in any of such cases over or under ground, or to make any hole within ten feet of any street or footway shall give notice iu writing of such his intention to theßoard, and in such notice shall describe the intended work and the height depth extent and position thereof, and whether or not it be necessary for the execution of the said work that a scaffold or stage be constructed, or that building or other materials or building rubbish be deposited upon or in the footway or street adjoining or in front of such structure or hole and for what time it will be necessary that such stage or scaffolding or such materials deposited be so kept_ or continued or that such hole remain open, together with such other particulars touching such intended work as such person shall see fit. 31. No person shall execute or begin or continue to execute any such work as in the last preceding section mentioned without having given to the Board such notice as therein provided, or until the expiration of forty-eight hours after giving the same, and every person offending "against the provisions of this section shall forfeit a sum not exceeding five pounds for every day upon.which he shall so offend. 32. It shall be lawful for the Board, having received any such notice as aforesaid, to grant if it shall seem to them fit to the person having given such notice, upon payment by him of the sum of five shillings, a license in the appointed form under the hand of the Chairman of the Board authorizing such person to construct such stage and scaffolding as the proper officer of the Board to he appointed in that behalf shall require or permit, and to depositbnilding and other materials and building rubbish upon or across in each of the cases aforesaid so much of the footway adjoining or in front of the site of the intended work, and so much of the street adjoining such footway and to keep and continue the said stage scaffolding and materials or rubbish so constructed or deposited respectively for such time respectively as shall seem fit to the said Board and be specified in the said license, and the Board may if it shall seem fit renew such license or grant a fresh license to such oerson from time to time, and such person may thereupon from time to time do the said acts according to the tenor of suck, license. 33. Every person who shall intend to build or take down, or cause to bo built or taken down any building or other structure whether over or under grouud, or to alter or repair or cause to be altered or repaired the outward part of any such structure within in any of the cases aforesaid ten feet of any street or footway, or who shall have a license fo.r constructing any stage or scaffolding, or depositing any building or o.fher materials :>:• bulb ing rubbish upon nr across any footway or street shall, before beginning to execute such work or to do such act- cause to be put up so as to separate from the street and from tbs remainder (if any) of the footway so much of the premises whore the work is to be executed as fronts the site of such work and the area upon which according to the license such stage or scaffolding is to he constructed or such materials or rabbish are to bo deposited, such sufficient hoards or fences together with- such convenient platform or handrail if there bo room enough to servo as a footway for passengers outside of such hoard or fence as shall be respectively approved by such officer as the Board shall have appointed in that behalf, and shall continue sueli hoard or fence with such platform and handrail as aforesaid standing and in good condition to the satisfaction of such officer _ during the time limited as aforesaid in the said license or tho last renewal thereof, and for such longer time as the public safety or convenience requires, and shall in all cases in which it is necessary in order to prevent accidents cause the same to bo sufficiently lighted from sunset to sunrise and shall remove such hoard fence platform and handrail and make good the footway and street within a reasonable time after the provisions of this section Lave been fulfilled. 84. Every person who executes, or begins or continues to execute any such work as in tho last section mentioned, or

who being licensed thereto constructs or begins or continues to construct any such stage or scaffolding or deposits or keeps deposited any such material or rubbish upon or across any footway or street without having in any of the cases aforesaid put up such hoard or fence or such platform with such handrail as aforesaid or continuing the same respectively standing and in good condition as aforesaid during tho time aforesaid, or without keeping the said hoard fence platform or rail and each part thereof respectively while the same are standing sufficiently lighted from sunset to sunrise, or without removing the same within such reasonable time as aforesaid, or without making good the footway and street after such removal, shall for every such offence forfeit a sum not exceeding five pounds, and a further penalty not exceeding forty shillings for every day while such default is continued. 35. Every person licensed as herein mentioned to construct any siage or scaffolding, or to deposit any material or rubbish, shall remove within a reasonable time after the time limited as aforesaid iu such license or in tho last renewal thereof, all such stage scaffolding materials and rubbish, and shall make good the footway and street, and if any such person shall fail in any such case to comply with this section he shall forfeit a sum not exceeding five pounds, and a further penalty not exceeding forty shillings for every day while such default is continued. 36. Nothing herein contained shall ren- : der it lawful to construct any stage or scaffolding, or to deposit any materials or rubbish, or to put up any hoarding or fence platform or handrail as aforesaid, or all or any of them so that the same shall extend or ho across or over or upon any street further from the inner edge of the footway than one-third of the whole breadth of such street, or in any case so as to render the street exclusive of the footways impassable for carriages or so as to obstruct the channel.

37. If any person who ought under this subdivision to remove any matter or tiling, or to make good any footway or street shall fail so to do, whether or not such person shall have been convicted or not of any offence under this subdivision, the. Board may remove such matter or thing, or make good such street or footway, and may recover the expense of so doing from the person so making default before any Justice. 38. When any building materials rubbish or other things are laid, or any hole made in any street or footway, whether the same be done by order or authority of the Board or not, the person causing such materials or other things to.be laid or such hole to be made, shall at his own expense cause a sufficient light to be fixed in a proper place upon or near the same, and continue such light every night from sunset to sunrise while such materials or hole remain, and such person shall cause at his own expense such materials or other things and such hole to be sufficiently fenced and enclosed until such materials or other things are removed or the hole filled up or otherwise made secure, and every such person who fails so to light fence or enclose such materials or other things or such hole shall for every such offence forfeit a sum not exceeding ten pounds, and a further sum not exceeding forty shillings for every day while such default is continued. 39. In no case shall any such building materials or other things, or such hole as last mentioned respectively, be allowed to remain an unnecessary time under a penalty not exceeding ten pounds, to be paid for every such offence by the person who whether by order or authority of the Board or not, causes such materials or other things to be laid, or such hole to be made, and in any such case the proof that the time has not exceeded the necessary time shall be upon the person so causing such materials or other things to be laid or causing such hole to be made. 40. If any person shall erect or place any house or other building or any part thereof over or across any public street footway or channel, he shall forfeit a sum not exceeding twenty pounds, and a further sum not exceeding five pounds for every day while the same shall so continue. 41. If any house or other building or any part thereof shall, before the coming into operation of this subdivision,.have been erected or placed in upon over or across the public highway, or any public street or footway marked or set out as such, in such manner as to be a common nuisance to the highway, or as to encroach on such street or footway, it shall be lawful for the Board to give notice to the owner of such house or building to remove such house or such part thereof as shall so have been erected or placed with such precautions for the safety of passengers and for the proper securing of so much (if any) of such house or building as is to remain thereafter as the Board shall see fit, and sad; owner shall within twenty-eight days after the service of such notice upon him remove such house or part according to the tenor of such notice, and if such owner shall fail within the said period of twenty-eight days to remove such house or part or shall nob comply with the requirements of the said notice, he shall forfeit a sum not exceeding ten pounds, and a farther sum not exceeding five pounds for every day while such default is continued, and the Board may if they shall see fit remove such house or part and recover the expenses of so doing from the said owner. 42. If any cattle shall be found upon any land not being a common, and such that there is no fenco whether upon tho same land or any other dividing such first mentioned land from tho streets, whether public or private of tho district, or any of them, without any person having charge of such cattle, the owner of such cattle shall forfeit a sum not exceeding twenty shillings for every head of such cattle, and the proper officer of tho Board may seize such cattle and place the same at some neighbouring place of safe custody, and any Justice, if such owner bo not known, upon proof of the issue of a summons in the usual form addressed to such owner as “owneronly, without otherwise,naming or describing birn, such cattle and tho place of seizure being truly described therein, and of the publication

of such summons iu some newspaper commonly circulating in the district, may after the expiration of twenty-four hours from such publication, proceed with respect to such owner not appearing as if personal service of a summons stating his name had been effected, or if such owner appear then as iu other cases, and the Justice may order the cattle to he sold, and the money arising from the sale after deducting the said penalty and the costs awarded and the reasonable expenses to be estimated and assessed by the Justice of seizing keeping and selling the said cattle, shall be paid if demanded within one month to the owner of the cattle, and if not so demanded then to the Treasurer of the Board on account of the said Board, and if the said money shall not bo sufficient for all the purposes aforesaid the amount whereby the same falls short, or if no such sale be ordered, the whole of the said amount may ho recovered from the said owner it aud when known in like manner as other penalties and sums adjudged or ordered to be paid by Justices are recovered. 43. If any cattle be at any time found in any street without any person haring the charge thereof the owner of such cattle shall forfeit for every head of such cattle a sum not exceeding twenty shillings, and if such cattle shall by reason of having been so found at large have been impounded by tho Board the amount of such penalty aud the costs if adjudged respectively before the release or sale of such cattle shall be added to the pound fees and charges payable iu respect of such cattle, and the amount thereof or such lesser amount (if any) as after the sale of the cattle may remain in the hands of the pouudkeeper shall bo paid over by him accordingly, and if the proceeds of any sale of such cattlo shall not he sufficient after paying the lawful fees and charges aforesaid to satisfy such penalty and costs, or if such penalty*and costs shall have been adjudged after the release or sale of the cattle the same or so much thereof as remains unpaid shall and may be recovered from the owner of the cattle in like manner as other penalties and costs adjudged by Justices are by law to be recovered, and if in the case of any information under this section the owner be not known then the provisions of the last preceding section, so far as necessary to give the adjudicating Justice jurisdiction, shall apply. 44. If any goat shall have been sold under the provisions of tho two last preceding sections, or under the provisions of “The Local Boards Act, 1873,” relating to the impounding of cattle for trespass in the streets, and shall after the expiration of twenty-four hours be found in any place whatsoever within the district, any Justice may by warrant under his hand directed to any constable, authorise the destruction of such goat, and the same may be destroyed accordingly. 45. It shall he lawful for the Board to make regulations from time to time for appointing the hours during which it shall not he lawful to drive into or through the district, or such part thereof as shall by boundaries be sot forth in such regulation any cattle intended for sale slaughter or shipment, or travelling from one part of New Zealand or of any other colony to any other place, and to provide if they shall see fit in such regulations separately with respect to Sundays and week days, and if any person shall drive any such cattle contrary to such regulation he shall forfeit for every head of cattle so driven a sum not exceeding twenty shillings. Provided that nothing herein contained shall apply to horses driven in harness or to oxen in the yoke. 46. It shall not be lawful to break iu any horse or [other animal iu any street whether public or private, or iu any public place, save such public places as from time to time may be appointed by some regulation of the Board in that behalf, which regulation the Board are hereby authorized to make, or by locking the wheels of any cart or other vehicle or otherwise to test or try any horse or other animal se as to obstruct or injure any street or public place, and any person offending against this section shall forfeit a sum not exceeding five pounds.

Part 11. A : Clause 6. Whosoever shall obstruct or damage any culvert, sewer, or drain belonging to or under the control of tho Board shall forfeit a sum not exceeding ton pounds, and 4 shall pay to the Board, by way of compensation, for any such damage such further sum not exceeding ten pounds as the convicting Justice shall order. Part YIT. Clauses 1 to 7 inclusive. 1. Every person who wilfully sets or causes to be set on fire any chimney, flue, smoko vent, or stovo pipe, heroin called in common “chimney,” shall forfeit a sum not exceeding fivo pounds : Provided always that nothing hci’cin contained shall exempt the person so sotting or causing to bo set on fire any chimney from liability to bo informed against or prosecuted before any criminal Court for such act as for an indictable offence. 2. If any chimney accidentally catch or bo on fire, tho person occupying or using the premises in which such chimney is situated shall forfeit a sum not exceeding forty shillings: Provided always that such forfeiture shall not bo incurred if such person prove to the satisfaction of the Justice before whom tho case is heard that such fire was in nowise owing to the omission, neglect, or carelessness, whether with respect to cleansing such chimney or otherwise, of himself or his servant. 3. It shall be lawful for the Board from time to time to make regulations for all or any of the purposes following, that is to say — For prescribing the distance from any adjoining land, or from any building within which it shall not be lawful to make or keep any stack of hay, corn, straw, or other produce, if not placed under roof or cover, and tho like where placed under roof or cover, and for prohibiting or restraining the use for such covering of such inflammable materials as shall be described in such regulation.

For prescribing the distance from any adjoining land, or from any street or public place, or from any building within which it shall not be lawful to deposit such combustible materials as shall be specified in the regulation, or save in some properly constructed fireplace within some building, to make or light any fire. Aud every such regulation may be made to apply to the whole or separately to any part or parts of the district described by boundaries in such bye-law, and may provide as to the subject-matter thereof, cither absolutely or with relation to the consent of the Council or of the proper officer of the Board, to bo given or withhold iu any case to be iu question under such regulation. 4. Every person who shall make or place any stack of hay, corn, straw, or other produce, or place as or for the covering of any such stack-any inflammable materia), or deposit any combustible material, or light any firo contrary in any such case to any regulation under this subdivision, and every occupier of any premises whereon any stack, or any such covering of a stack shall be, or any combustible materials have been deposited, if the same, though lawfully made, placed, or deposited before the coining into force of any such regulation shall be there contrary to the tenor of such regulation, who shall not within seven days after notice from the Board so to do remove such stack, covering, or materials, or who shall suffer to remain any such slack, covering, or materials unlawfully made, placed, or deposited before the coming into force of such regulation, shall forfeit, on conviction of such offence, a sum not exceeding five pounds, aud iu every such case a further sum not exceeding forty shillings for every day after any such conviction during which such stack, covering, or materials shall so continue. 5. Every person who wilfully sets fire to any inflammable matter whatsoever in the open air, without having given notice in writing to the occupiers of the land adjoining to the land upon which such matter shall be, and also to the Chairman of the Board, of his intention so to do, or within twenty-four hours after giving the given of such notices, or between the hours of four in the afternoon of any day and eight in*the morning of the following day, shall forfeit a sum not exceeding five pounds. 6. Every person who shall light any bonfire, tar-barrel, or firework upon or within sixty yards of any public or private street, or any public place, shall forfeit a sum not exceeding five pounds. 7. It shall not be lawful for any person to make or place, or to keep or continue any fence of brushwood, bushes, or other like material within the borough, and every person who shall make or place any such fence, aud every owner or occupier of any premises who for seven days after notice from the Board to X’emove any such fence thereto appertaining, if lawfully made or placed before the coming into operation of this sub-division, shall suffer any such fence or any part thereof to remain, or who shall suffer to remain any such fence unlawfully made before such coming into operation, shall forfeit, on conviction, for such offence a sum not exceeding five pounds, and in every such case a further sum not exceeding forty shillings for every day after any such conviction daring which such fence shall continue.

Part VIII. Clauses 1 to 7 inclusive. 1. It shall bo lawful for the Board from time to time to make regulations for appointing by limits, to he set forth therein, portions of the District in which it shall not be lawful to keep any swine, and if any person shall keep any swine within any such prescribed limits he shall forfeit for every day during which he shall so offend a sum not exceeding five pounds. 2. Every person who shall empty any privy, or load, carry, remove, or deposit any night-soil or offal, or other offensive refuse or matter, save between such hours of the night, or shall deposit the same save at such places as respectively shall have been appointed by some regulation of tho Board in that behalf, or w'ho shall use for any such purpose any cart or carriage not having a covering proper for preventing the escape of the contents of such cart, or of the stench thereof, shall forfeit for every such offence a sum not exceeding five pounds; and it shall be lawful for the Board from time to time to make such regulations for appointing such hours aud places aforesaid. 3. It shall be lawful for the Board of the District, if the Board shall not as yet have provided within such district, and duly notified the same as ready for public use, to license upon payment of such sum not exceeding two pounds as shall be appointed by regulation in that behalf, such slaughter-houses as they from time to time” may think proper for slaughtering cattlo within the borough, and every such liceuso shall bo in force for a year from the time of granting the same aud no longer. 4. Evcrv person who, without having such a license as aforesaid in force, uses as a slaughter-house auy place within such borough as iu tho last preceding section mentioned other than a slaughterhouse, which was in use at the time of the issue of tho Proclamation by which such district was constituted under tho provisions of Tho Local Boards Act, 1873,” shall for each such offence forfeit, on conviction, a sum not exceeding five pounds, and a like penalty for every day after such conviction upon which ho shall so offend. 5. Every place which at the time of the issue of such Proclamation as aforesaid -was in use as a slaughterhouse,** and has so continued ever since, shall, within one month after the coming into operation of this subdivision in any borough, be registered by the owner or occupier thereof at the office of tho Board, and on application to the Board for that purpose, and on payment of such sum not exceeding twenty shillings as shall have been appointed by regulation in that behalf, they shall from time to time cause every such slaughterhouse to bo registered iu a book to be kept

for that purpose, and such registration shall be of effect for one year after the making thereof and no longer, and every person who after the expiration of such period of one month uses or suffers to be used any such place as a slaughter-house without its being so registered shall forfeit on conviction, a sum not exceeding five pounds for such offence, and a further sum not exceeding ten shillings for every day after such conviction during which such place shall bo used as a slaughter-house without having been so registered. 6. It shall be lawful for the Board from time to time to make regulations for all or any of the purposes following, that is to say : For the licensing (where the Board are empowered to license) and for the registering and inspecting of the said slaughter-houses. For appointing, subject to the limits herein prescribed, the fees for licenses and registration. For preventing cruelty in such slaughter-houses. For keeping the same in a cleanly and proper state, and for removing tho filth at least once in every twenty-four hours, and requiring them to be provided with a sufficient supply of water. For confining tho use of licensed slaughter-houses to tho slaughter of any particular kinds of animals. And every person offending contrary to any such regulation shall forfeit on conviction a sum not exceeding five pounds, and in the case of a continuing offence a further sum not exceeding ten shillings for every day during which such offence shall continue after such conviction. 7. The Justice before whom auy person is convicted of any offence against this subdivision, in addition to any penalty, may suspend for a period not exceeding two months the license for any slaughter-house granted hereunder to such person, or the effect of the registration of auy slaughter-house of which such person is the owner or occupier, and upon the conviction of auy person for a second or subsequent like offence may, in addition to any penalty, declare the license granted hereunder to such person revoked, or the registration of any slaugh-ter-house of which such person is the owner or occupier cancelled, and no license while so suspended or after such revocation and no registration while the effect thereof is suspended or after the same is cancelled shall exist or avail for any purpose whatsoever. Pam IX. Clause 3. 3. If any person shall without the authority of the Board break displace or remove the surface or soil of any land belonging to or under the control or management of the Board, he shall forfeit a sum not exceeding five pounds. I hereby certify that I approve of the foregoing Bye-laws. William Fitzheebebt, Superintendent.