DUNEDIN IMPROVEMENT ORDINANCE, 1862.

Otago Daily Times, Issue 206, 6 August 1862, Page 7

DUNEDIN IMPROVEMENT ORDINANCE, 1862.

An Ordinance for Promoting the Improvement of

tke oity °f I)ane<lineffectual; - iS e 4 xPf lH^ to make further and more ettectual provision fordramiug,cleansing, lightim*- and SEXISt? 7 IDT1 DT- dia >and for tbesfmitao'hn t p«t?uae.d'» Town Board Ordinance, 185 V and the Dunedm Roads and Streets Ordinance, _855 :" ♦I,?T» it; t!xerefow enactpd by the Superintendent of ot the Provincial Council thereof, as follows :— 1. This Ordinance sliall be termed, and may be cited and referred to as the « Dunedin Improvement Ordinance, 1862.' 2. This Ordinance shall come into force on and after a day to be fixed by the Superintendent, by proclaniamation in the Provincial Government Gazette, which proclamation shall not be made unless and until the (governor shall intimate that he has left this Ordinance to its operation. - And the Members of the Town Board of Dunedin, elected under the said first recited Ordinance, shall superintend the execution of this Ordinance until the election of their successors in ofhee under this Ordinance. 3. From and after the date upon which this Ordinance sliall come into operation iv manner aforesaid such parts ofthe said two recited Ordinances as are repugnant to and inconsistent with this Ordinance shall be and the same are hereby repealed: Provided always that, except in so far as hereby repealed, the said recited Ordinances shall be effectual to all intents and purposes, as if tbis Ordinance had not been passed. 4. Immediately after the passiDg of this Ordinance the Board shall divide the said City into Wards or Districts, and fix and determine the boundaries thereof; and it shall be lawful for the Board to alter, vary, add to, .or diminish the boundaries and extent of the said Wards, or any of them, and fo vary the number of said Wards, in such manner as the state of the population thereof, or other circumstances shall appear to them from time to time to require ; and the boundaries of the Wards shall run along the middle of the streets by which they arc declared to be bounded, except when the contrary is specially mentioned: Provided always that siich Wards, and boundaries thereof, and any alterations thereon, shall be intimated by advertisement, to be made in the Provincial Government Gazette and iv newspapers published in Dunedin. 5. Immediately after the passing of this Ordinance and the division of the said city into Wards, as hereinbefore directed, and yearly thereafter as the hoard shall direct, the Board shall cause to bu collected the Names aud Residences of every peisun in each Ward, Avho may be liable to be rated, as hereinafter mentioned, in consideration of any lands, buildings, and hereditaments owned or occupied by liim, and situated within the boundaries of any such Ward; and shall cause a list of such persons in each Ward to be made, and published in one or more newspapers circulated in Dunedin, together with a notice of the time when and the place where the Board will attend to hear any objections that may be made to such lists; and at the time and place so named, the Board shall attend, enquire into, hear and determine any such objections; and the decision of ths Board shall be final and conclusive in regard to any aud every objection made against eA'cry such list; and the said lists, when thus settled and revised, shall be transcribed in a book to be called the Rate-payers' Roll, and shall be lodged with the books aud papers of the Board ; and if at any time after the completion of such Rate-payers' Roll any person not being liable tube placed on such Roll at the time of its completion, rdiall thereafter become liable to be rated for or on account of any lands, buildings, and hereditaments owned or occupied by him within any such Ward, it sliall he competent for such person to apply to the Board to have his name inserted in the Ratepayers' Roll for the Ward in Avhich such premises are situated; and if it shall be made to appear to the satisfaction of the Board that such person was not at the time of the compiling or making the Rate-payers' Roll as aforesaid liable to be rated, but has since become so, and has for the space of three months previous to such application been so liable, the Board sliall cause the name of such applicant to be placed on the Ratepayers' Roll tor the Ward or Wards in which he is so qualified to vote.

6. The Members of the Board to be elected under the authority of this Ordinance shall be ratepayers upon the ratepayers' roll for any of the said Wards, and shall bo elected by a majority ofthe votes of the ratepayers on the ratepayers' roil for the Ward for which they are elected. 7. Every male person of full age who shall, under the provisions of this Ordinance,be liable to be rated or assessed for or on accouut of any rate levied or assessed by the Board, and whose name shall appear on the ratepajers'roll for any of the said Wards, as hereinbefore provided, shall be deemed a ratepayer for the purpose of any such election for any Ward "on the roll for which his name so appears. 8. There shall be three Members of the Board for each Ward, whose election shall be made in manner as follows:—The Clerk to the Board shall prepare a book for each Ward, and shall direct a Clerk to attend at some convenient place in or adjacent to each Ward, upon the first Monday in the month of December in every year, and the Rate-payers in each Ward intending to vote in such election shall appear personally afc such place, and the names of the persons voted for and the names of such voters shall be inscribed in the said book by the Clerk, and subscribed by each voter. 9. At any such election, it shall be competent for any candidate or Ratepayer on the Ratepayers' Roll for the Ward to object to any person tendering his vote and before he has voted, only on the ground that such person is not a Ratepayer on the Ratepayers' Roll for the Ward, or has voted before at the same election; and on such objection being taken, the Clerk acting at such election shall register such vote, but shall at the same time make a memorandum of the name of such voter, and report such objection to the Clerk of the Board in the Register Bonk as hereinafter directed : Provided always that no elector shall have more than one vote in _ the election for a Ward without prejudice to his voting in any other Ward or Wards if qualified as aforesaid.

10. Every such Election shall commence at nine o'clock in the morning of the day on which ifc is to take place, and shall continue until eleven o'clock of the said day ; after which no new Candidate shall be voted for, and if at such last-mentioned hour the names of nofc more persons than the number to be elected shall be inscribed for the office in each Ward respectively, the election in such case shall be declared to be at an end and no Votes shall thereafter be received; but if the names of more persons than the number to be elected shall be so inscribed then the said Book shall remain open until four o'clock of the said day, after which no votes shall be received (ex cept those of such Electors as may be within the Polling Place Avaiting to tender their Votes), and the Election sliall be declared at an end : Provided always that it shall be in the power of the persons voted for by a writing under their hands to terminate the Polling at any time of the day after eleven o'clock, they may think proper.

11. Not less than six nor more than twelve days before the first Monday in the month of December in every year, the Clerk to the Board shall cause intimation to be made by advertisements in newspapers published in Dunedin, and in such other manner as the Board shall deem proper, of the days and places of election. 12. At the expiration of the period so fixed within which such Elections shall take place, the Clerks appointed to attend the same shall deliver the said books to the Clerk of the Board, avlio shall make up and write in each of the said books a state of the votes in the Ward, and sliall affix to the door of his office, within two days thereafter, the names ofthe persons having the majority of votes, who shall be held to be elected as Members of the Board; and the said books in Avhich the names and votes are inserted, in manner above described, shall remain open and patent for the inspection of all concerned, at the office ofthe Clerk of theßoard, for four days after every such Election. 13. If any person shall, at any time, obstruct, hinder, or molest either any Elector in giving his vote, or the Clerk acting at any Election, in the performance of his duty, every person so offending shall, upon conviction before a Justice of the Peace, be liable to a penalty of one ponnd for each offence ; and if any person not qualified to A'ote shall neA rerthelcss vote at any such Election, every such person so offending shall, upon conviction as aforesaid, be liable to a penalty not exceeding two pounds for each offence. 14. It shall be competent to any person who considers that he ought to have been returned as a Member ofthe Board, to complain against the Clerk's return provided the complaint be made by petition to the Board, signed by the complainer, or by some person on his behalf, and lodged with the Clerk to the Board, within four lawful days after the Election; aud on such petition being presented, tbe Board shall remit to a Committee of five of their number to inquire into the merits of such disputed Election, and report thereon to a subsequent meeting ot the Board, and the determination of the Board on such report shall be final and conclusiA'e; and if, upon the Clerk's report, or uoon a scrutiny demanded, and the said Committee's report, there shall be found to be an equality of votes at any ofthe said Elections, the Board shall determine which of the Candidates I shall be preferred.

10. One of tiie three Members clcctedYo?' eafeh Waitf shall annually go out of office, atid the Board sliall cause the order of their retirement to be determined by Ballot, not less thau thirty days previous thereto : and any member reti ing as aforesaid shall, if duly qualified, be eligible for reflection. 10. When the ofiice of a Member of tho Board shall become "acant, by death, resignation, nonacceptance, disqualification, or in any other Avav, the Clerk shall, at the first meeting of the Board after the occurrence of such vacancy, or after the same shall have be-ome known fo him, report such vacancy, that a day may be fixed for tiie election of a new member, to supply the said vacancy, and shall intimate such election by advertisement, and the election shall proceed in all respects as in manner herein pz-ovided in the case of annual elections; and Avithin two days after such election, the Clerk shall affix on the door of his office the name of the person ejected, and it shall be competent to any pe'son who considers that he ought to have been returned as the pei son elected, to complain, and for the Board to proceed in regard to such election in manner hereinbefore directed in the case of complaints in annual elections: Provided always tliat such petition and complaint be lodged with the Clerk bofore the first meeting of the Board after such election. 17. General Meetings ofthe Board shall be held in the Months of January, April, July, and October, for putting tlio powers committed to the Board in execution ; and all such meetings sha'l be called, and the proceedings thereat shall We conducted in the manner set forth in the said first recited Ordinance. 18. If the Electors of any ofthe sail Wards shall refuse or neglect to elect Members ofthe Board, upon any day duly appointed for such election, it shall be Jawtul ior the Board to nominate and appoint qualified persons to be such Members, and such members, AVhen so nominated and appointed, shall have and enjoy the same powers and privileges, and shall remain the same time in office, as if they had been duly elected by the electors in such Wards

li). have and except as herein otherwise provided, theBoard shall have, and cither by themselves or by Committees ot their number duly authorised, slid! extcute all the powers and duties vested iv or imposed on the Board by this Ordinance, and the said recited Ordinances, iv so far as not hereby repealed, and shall appoint all persons and officers whom it may be necessary to employ in the execution of this Ordinance, avid th:; said other Ordinances, ami ;to remove or suspend them at pleasure, and fix and regulate their salaries and wages, and to estimate, assess, levy, raise, -and apply, or cause to be estimated, assessed, levied, and applied, the sums of money hereinafter autaorlsed to be assessed, levied, raised, and applied. 20. The.Board shall, and they are hereby authorised and required to provide all necessary implements, and take all necessary measures for watering, sweeping, and cleansing the streets, at such times and in such manner ai their Inspector of Chansmg sliall direct, and to enter into contracts for such purposes, and for the sale or disposal of the sweepings of the streets. 21. It shall be lawful fur the Board to make provision tor lighting the streets, in such manner and to such extent as to the Board shall appear suitable ; to provide, erect, and maintain such a number of lamps, lamp-posts, and lamp irons, and other appurtenances a.; may be necessary for thafc purpose ; to light, or enter into contracts for lighting and causing to be lighted, such lamps, by means of oil or gas, or such other light as they may find expedient; and to order the lamp-posts, limp irons, and lamps, to be fixed either on the sides of the streets or upon the curl - stonesof the pavement, or footpaths, or in or at tiie walls of buildings, upon indemnifying the owners or occupiers for any damage done, the amount of which, in the event of diilerem-e of opinion, to be fvj.>^\ and determined summarily by the Resident Magistrate. 22. It shall be lawful for the Board to make tin'l enact, and from time to time to alter, amend, and re peal, Kules, Regulaticßi, and Bye-laws relating to the CiOansingj lighting, paving, causewaying, metallimr, and repairing r.f .streets ; the making acd repairing of common sewers, drains, privies, and urinals; the preventing and suppressing of nuisances, annoyances, and obstructions, and the promoting of health Avithin Dunedin ; and the proper management of the Fire Engine Establishment: Provided always that such rules, regulations, aud bye-laws shall not Ik> inconsistent with, or repugnant to, any Act or Ordinance in force within the Province of Otago. 23. It shall be lawful for the Board to impr.se and exact such penalties, fines, and forfeitures for the infringement aul breach of any such bye-laws as shall seem to them fit and reasonable : Provided always that no such penalty shall exceed, fbr any one offence, the sum of forty shillings, and in the ease of a continuing nuisance, the nun of five shillings for every day during which such nuisance shall not be abated.

24. No bye-law made mi der the powers herein contained shall be of force until a copy thereof, certified by ihe Clerk to the Board, shall have been inserted once in newspapers published in Dunediri, and shall have been continued by the SuSuperinteudeiit; and if the Superintendent shall disallow the said bye-law, or auy part thereof, such byelaw, or the part thereof disallowed, shall not come into operation, and any such bye-laws so confirmed shall be published in the Provincial Government Gazette, and shall have full force and effect. 25. It shall be the duty of the Inspector of Lighting and Cleansing to attend to the due fulfilment of all contracts made by the Board as to Lighting and Cleansing; to cause to be removed from the streets all dung, soil, dirt, ashes and filth; to see that all Limps be lighted and kept lighted for the due time, and kept in all respects iv proper order ; to receive and forthwith communicate to the Board and other Authorities any complaints or remonstrances relating to Nuisances and the Cleansing and Lighting of tlie streets, with the result of his own enquiries on the subject^ to enforce all the Regulations and Provisions for the prevention of Nuisances, and the promotion of the health and comfort of the Inhabitants ; and generally to obey all the Orders, Instructions, and Regulations Avhich may from time to time be made relative to tho execution of his duties. 20. If upon the certificate of any Medical Officer of the Government or any two Medical Practitioners, it appears to the Board that any Houaq, or Building, or part thereof, is in such a filthy or unwhohsome condition that the health of any person is affected or endangered thereby, or that the whitewashing, cleansing, or purifying of any houseor part thereof would tend to prevent or check infectious or contagious disease, the Board shall give notice in writing to the owner or Qgcupier of such house or part thereof to whitewash, cleanse, or purify the same as the case may require ; and if the person to whom notice is so given fail to comply therewith, within such time as shall be specified iv the said notice, he sliall be liable to a penalty not exceeding Ten shillings for every day during Avhich he continues to make default; and the Board may if they shall think fit cause such house, building, or part thereof to be whitewashed, cleansed, or purified, and the expenses incurred by them in so doing shall be repaid by the owner or occupier in default, and be recoverable "from either of them in a summary way. 27. No noxious or offensiA-e business, trade, or manufacture shall be established in auy building or place within the City of Dunedin, after the passing of this Ordinance, without the consent of the Board, who may either refuse such consent or grant the same upon such conditions for the observance of such Regulations as they may deem proper, in order to prevent or diminish the noxious effects of any such business ; and Avhosoever offends against this enactment shall be liable for each offence to a penalty of Five Pounds, and a further penalty of Ten Shillings for each day during which this offence is continued.

28. The Superintendent sliall cause to be prepared by the Provincial Civil Engineer, upon a sc.de to he prescribed by the Superintendent, a Map or Maps exhibiting a system of Sewerage for effectually draining the City of Dunedin ; and a copy of such Map shall be furnished to the Board and kept at the office of the Clerk of the Board, and shall at all reasonable tiui -j be open to the inspection of the Ratepayers of Dunedin. 29. All Sewers, whether existing at the passing of this Ordinance or made at any time thereafter, together with all Buildings, Works, Materials and things belonging or appertaining thereto, shall be entirely under the management and control of the Board. 30. The Board from time to time shall cause to be madesuch Sewex-s as may be necessary for effectually draining the City of Dunedin for the purposes of this Ordinance, and may carry any such Sewer through, across, or under any street or place laid out as or intended for a street, or under any cellar or vault which may be under the paA-ement or carnage Avay of any street, and after reasonable notice in Avriting in that behalt into, through or under any land whatsoever should such be necessary: Provided always that all such Sewers to be hereafter made shall be made in accordance with the system of drainage to be exhibited by the Map or Maps hereinbefore mentioned, unless any deviation therefrom shall be sanctioned by the Superintendent, and uatil such Map or Maps are prepared, shidl be made Avith the approbation and consent of the Superintendent. 31. The Board may from time to time repair, enlarge, lessen ? alter, arch over, or otherwise improve all or any ot the Sewers under then- management and control, and discontinue, close up, or destroy such of them as they may deem to have become unnecessary : Provided always that the discontinuance of any Sewer shall be done with the approbation and onsent of the Superintendent, and so as not to create

ftiVulsftnCfij nnd if by reason thewof an£ petwn is deprived ot the lawful use of any SeWer, the Board shall provide some other Sewer as effectual for his use as the one of Avhich he is so deprived.

32. The Board shall cause the Sewers under their management nnd control to be constructed, covered, and kept so as not to be a nuisance or injurious to health, and to be properly cleared, cleansed and emptied, and for the purpose of cleansing and emptying the same, they may construct and place either above or under-ground such reservoirs, sluices, engines, or other works as may be necessary, and may cause all or any of the said Sewers to communicate Avith and be emptied into such places as may be fit and necessary, and may cause SeAvage and refuse therefrom to be collected for sale or any purpose whatsoever, but so as not to create a Nuisance.

33. It shall not be lawful to cause any Sewer or Dram to communicate with or be emptied into any Sewer of the Board, nor to cause any building to be erected over any such last mentioned Sewer, nor to cause any Vault. Arch, or Cellar, to be built or constructed under the pavement, footway, or carriage way of any street, without the written consent ofthe board first had and obtained; And whoever offends against this enactment shall forfeit to the Board the sum of Twenty pounds, and a further penalty- of One p-iund for every day during which the offence is continual, after notice in writing from the Clerk to the Board in this behalf; and if any sewer, drain, bunding, Aault, arch, or cellar shall be made or constructed contrary to this enactment, the Board may cause the same to be altered, pulled down, or otherwise dealt Avith as they may think fit, and the expanses incurred by them in so doing shall be repaid to them by the offender or recovered from him.

34. Any owner or occupier of premises adjoining or near to but beyond the limits of the City of Dunedm, may cause any Sewer or Drain of or from such premises, to communicate Avith any Sewer of the Board, upon _uch terms and conditions as shall be agreed upon lietwecn such owa^r or occupier, and the Board, or in case of dispute, as shall be settled by the Superintendent, whose atvard shall be final andconclusive.

35, It shall not bo lawful newly to erect or to rebuild any house or to occupy any house so newly erected or rebuilt, unless and until a covered drain or drains be constructed of such size and and at such level and with such fall a* to the Board shall appear to be necessary an I sufficient for the proper and effectual drainage of such house and its appurtenances; and the drain or drains so to be constructed shall lead to and coinmnnicate with a Sewer of the Board, or such other means of drainage as the Board shall direct if the same exist Avithin one hundred feet ofthe site of such house; and if no such Sewer or means of drainage be witliin that distance, then the said drain or drains shall communicate with and be emptied into such covered cesspool or other place not being under any house, and being at such distance from any house, as the Board shall direct, and whosoever erects or rebuilds auy house, or occupies any house contrary to this enact ( ent, shall lie liable for every such offence to a penalty not exceeding Ten Pounds. 33. If at any time it appears to the Board that any house, whether built before or after the passing of tins Ordinance, is without any drain or drains sufficient for the proper and efr.ctua! drainage of the same < and its appurtenance^, and if a sewer ofthe Board or other means of drainage be within one hundred feet of.anyp.irt of such house, they shall cause notice in Avriting to be given to the owners or occupiers of such hou>e, requiring him forthwith, or within such reasonable time as shall be specified tlierein, to construct and lay down in connection AA-ith such h-juse, and one of those means of drainage, one or more covered drain or drains, of such material and size, afc such level, and with such fall as sliall appear to be neceswry ; and if such notice shall not be- complied with, the owner shall be liable to a penalty not exceeding Ten pounds, and the Board may, if they sliall think fit, cause the work to be done, and the expenses thereby incurred by them sliall be recoverable from the owner. 87. It shall not be lawful newly to erect or to rebuild any house without a sufficient water closet or privy, and whosoever offends against this enactment shall be liable to a penalty not exceeding Ten pounds; and if at any time it appears to the Board that any house, whether built before or after' the passing of thu Ordinance, has not a sufficient water closet or privy either within the house or in the back yard thereof, the Board shall give notice in writing to the owner or occupier of such house, requiring him within such reasonable time as shall be specified therein, to provide a sufficient water closet or privy; and if siuh notice be not complied with, the owner shall be liable to a penalty not exceeding Ten pounds; and the Board may, if they shall think fit, cause to constructed a sufficient water closet or privy, or such other works as the ease may require; and the expenses incurred by them in so doing, shall be recoverable by theia from the owner : Provided always, that when a water-closet or privy has been and is used in common by the inmates of two or more houses, or if, in the opinion of the Board, a Avater-closet or privymay be so used, they need not require the same to be provided for each house. 33. The level of the streets shall be fixed by theßoard, and fourteen days at the least before beginning to dig or lay out the foundation for any new house, or to rebuild any house, the person intending so to build or rebuild shall give to the Board written notice thereof, together with the level or intended level of the cellars or lowest floor, and the situation and construction of the privies and cesspools, to be constructed or used in connection with such house. And it shall not be lawful to begin such works until the particulars so required to l»e stated have been approved by the Board; and iv default of such notice, or if any such houseprivy, or cesspool be built or rebuilt without such approval, or in any respect contrary to the provisions ot this Ordinance, the offender shall be liable in a penalty not exceeding fifty pounds; and the Board may, if they think fit, cause such house, privy, or cesspool to be altered, pulled down, or otherwise'dealt with as the case may require, and tlie expenses incurred in so doing shall be recoverable from the offender: Provided always, that if the Board fail to signify their approval or disapproval of the said particulars fbr the space of fourteen days after receiA-ing such notice, it shall be lawful to proceed according to such notice, if the same fie otherwise in accordance with the provisions of this Ordinance, or any other Act or Ordinance in force at the time. 39. It shall be lawful for the Board, and they are hereby authorised and required, to provide and have at all times a sufficient establishment of fire engines, pipes, and appurtenances, to be used for extinguishing lirss within the limits of Dunedin, and beyond the same as hereinafter provided. 40. The Board shall appoint an Inspector of Fire Engines, who shall have the charge of the said engines, pipes, and other appurtenances ; and sliall also appoint .-.uch number of firemen as the Board shall think fit-and expedient for working the same in a proper manner, and for assisting in extinguishing fires, and shall make such rules and regulations for the said inspector and firemen as to the Board shall seem proper. 41. The expense of providing, keeping, and maintaining the said engines, pipes, and appurtenances, and paying the said Inspector and firemen in so far as not otherwise contributed, sliall be defrayed from the rates tor miscellaneous expenses hereinafter authorised to be made and levied. 42. It sliall be lawful for the Board upon application made to them, or to the said Inspector or other person in charge of such fire engines, to permit the firemen and the engines, pipe 3, and appurtenances, and generally all or any part of the fire establishment, to be sent beyond the limits of Dunedin for the purpose of extinguishing fire: Provided always, that the owners and occupiers of the property to which the the firemen and engines are sent, shall be bound to defray the whole expense that may be thereby incurred, and also j such further sum not exceeding pounds per centum upon the gross amount of such expense, as may 1 be deemed reasonable for the tear and wear of the engines and appurtenances, and the ordinary expenses of supporting the establishment, the amount of which expense shall be ascertained by accounts thereof signal by the said luspector of fire engines, and approved by the Board or their Committee in that department, and doqueted by the Chairman or Clerk; the said owners or occupiers, and all other persons interested, being always entitled to mutual relief against each other according to law, for the sums paid by them or any of them from whom the Board may recover or receive the same, and the Board shall haA*e power to modify said charges when they see cause. 43. The Board may with the approval and consent of the Superintendent, provide the City of Dunedin Avith such a supply of pure and wholesome water, as may be proper and sufficient for the purposes of this Ordinance, and for private use, and for that object the Board may with such approval and consent, enter into coutracts for the construction, laying down, and maintaing of such works, matters and things, as sliall be necessary and proper. -14. The Board may, if they think fit, supply water from any such water-works constructed by them under this Ordinance, to any public baths or Avash houses, cr for trading and manufacturing purposes, upon such terms and conditions as may be agreed upon between the Board and the persons desirous of ' being so supplied. 45. The Board may cause all existing pubhc pumps, wells, streams, conduits, and aqueducts, used for the gratuitous supply of water to the inhabitants, to be continued, and for that purpose may, if they shall

think fit, «matrii<st any number of cisterns, pumpi, wells, conduits, and works. 46. Whosoever shall Asrilfullv destroy or injure any cistern, well, pump, reservoir, conduit, aqueduct, or other water works belonging to, or under the management or control of, the Board, or shall unlaAvfully j divert or take water from any such works, or do or suffer to be done any act tr thing whereby any water contained in any such cirtern, well, reservoir, conduit, aqueduct, or other water-works, shall be fouled or rendered unwholesome, shall for every such offence forfeit a sum not exceeding Five pounds, and a further sum of Ten shillings for each day whilst the offence is continued. 47. The Board, with the approval of the Superintendent, may provide, maintain, lay out, plant and improve the Town Belt and ether premises, for the purpose of being used as Public Walks and Pleasure Grounds, and support or contribute towards any premises provided for such purpose. 48. It shall be lawful for the Board to license from time to time such number of carts to ply Avithin the city of Dunedin, and to make such rules and regulations Avith reference to the licens'mgof carters, the places where they shall stand, the rates they shallireceive, the distance they shall be compelled to go, and such other matters as may tend to the puhlic conA renience in regard to th:m as the Board may see fit; and any carter plying Avithout a license, or otherwise offending against any such rule or regulation, shall on conviction pay a penalty not exceeding five pounds: Provided always, that no such rule or regulation shall have force or effect, unless and until the same shall be allowed by the Superintendent, and published in the Pvovincial Government Gazette. 49. All the sum? of money, including officers' salaries and all other expenses required for the purposes of the " Dunedin Roads and Streets Ordinance, 1855" and this Ordinance, sliall be defrayed out of the Assessment authorised to be made and levied by the twelfth clause or section of the said first mentioned Ordinance; but at any meeting of the Board convenened for the purpose of making or considering such assessment, the Board shall estimate and fix

such sums of money so required and necessary to be levied under the several h*ads of Lighting, Cleansing, and Miscellaneous Expenses; and the assessment so authorissd to be made and levied shall be made and leA-ied rateably tor these several purposes, aad shall not in the aggregate exceed, in any one year, the sum specified in the aforesaid section of the said first mentioned Ordinance. It shall be laAvful for the Board, at any meeting j for making or considering such assessment to exempt tor a time, or from time to time, any streets, lands, and houses, from all or any of the regulations in regard to lighting and cleansing respectively, established or hereafter to be established by or in pursuance of the " Duuedin Roads and Streets Ordinance, 1855 " and this Ordinance; and any such streets, lands, and houses, if so exempted from all such regulations, shall, a dnriug the continuance of such exemption, be free 1 from payment of any par tof the assessment authorised t to be levied for liquidation of the expense of lighting and cleansing; but in the event of any such streets, lands, an 1 houses being only partially exempted from such regulations, then such streets, iands, and houses so partially exempted, shaU be liable in payment of such part of such assessment as shall be fixed and determined by the Bard iv a fair and equitable ] manner. 51. In order to defray the expenses attending the making, enlarging, altering, covering, or enclosing any sewer of the Board, or in or about any other works, matters, and things of a permanent nature, and executed or done for the benefit of any district or part of any district, whether forming oue or several wards, or parts of one or of several Avards, the Board shall, over and above the assessments for the other purposes hereinbefore mentioned, and in the same manner as for I the said last mentioned assessment, make and • leA'y, in respect of the premises situate in such district for the benefit of which the expenses are incurred or to be incurred, a rate or rates, to be called Special District Rates, of such amount as will be sufficient to discharge the amount of such expenses, . and interest thereon within such period, not exceed- I ing six years, as the Board shall determine. f" 52. If it shall appear to a majority of not less than p two-thirds of the rate payers, owners, or occupiers of £ houses or lands in any street or part of a street, or 'tT other described and defined part of Dunedin, at a p public meeting to lie called on notice, as hereinafter s provided, that the execution of particular works, v matters, or things, which the Board have on good t and sufficient grounds declined to execute, would b contribute to the health aud com-enience of the in- d habitants of such part of Dunedin, the Board on re- c criving S3curity to their satisfaction for payment of p the expense thereof, shall procure a plan and estimate o of the cost of exeouting such works, and shaU lay the s same before another public meeting of such rate t payers, to be called on notice as is hereinafter pro- a vided; and if the same shall be approved and sane- r tioned by a majority of such rate papers assembled at 1 such last mentioned meeting, the Boaid, on receiving 1 security for the expense thereof, or in case the Board d agree to bear any part of the expense, security for a the remainder, shall cause the work in question to be I executed; and in tlie event of there not being volun- c tary contributions of adequate amount for the pur- a pose, the Board sliall pay the cost, or the rate payers' t proportion ofthe cost, as the case may be, out of a special rate to be made and levied in respect of the premises situated in the said part of Dunedin, in ° such manner as th c Board shall direct. E 53. If any person shall think himself aggrieved by c the decision of the Board, in any case in which the 1 Board are empowered to cause any work, matter, or cl thing to be executed and done, and in respect of which c such person may be made chargeable to any special f rate in terms of this Ordinance, or by any decision of J the Board upon the value at which his property is 1 assessed for any special or other rate authorized by r this Ordinance to be levied, it shall be lawful for him a at any time witlun oue calendar month after public c notice shall have been giA-en by the Board of any such decision, to appeal to the Justices of the Peace, and any three or more such Justices, not being members ofthe Board, shall have poAA-er to hear and determine S the same, aud to award relief in the premises, as the v justice of the case may require, and the decision of s such Justices shall be final and conclusive as regards the matttr of such appeal : Provided that the person i so appealing shall gh-e notice in writing to the Board t of such his intention of appealing, fourteen days 1 before the holding of the Court, at which such appeal 1 may be heard and determined. : 54. In order to raise the money which may be '' necessary for the purposes of this Ordinance before 1 the assessments hereby authorized are levied, it shall * be lawful for the Board, or • a majority of members thereof assembled at a meeting spe- I dally called for the purpose, and at which not J less than two-thirds of their number shall ' be present, to authorize their Treasurer to ] borrow any sum or sums of money, not exceeding in ' the whole the sum of twelve thousand pounds, for the ] general purposes of this Ordinance, with power to the ! Board by a quorum of the members, to grant bUls or ' bonds, or obtain cash credits for the same ; and for ! further security to the person or persons from whom - such money may be borrowed, to assign to such person or persons the assessments hereby authorised to i be made and levied, until the sum or sums so to be i borrowed, with interest thereon, shall be repaid and ] discharged. l 55. In order to raise the money which may be re- ! quired for the making, enlarging, altering, covering or enclosing any sewer of the Board or for any other ' works, matters, and things of a permanent nature, and to be executed and done for the benefit of any T district as aforesaid, it shaU be lawful for the Board - or the majority ofthe members thereof assembled at a meeting expressly called for the purpose, and at Avhich not less than two-thirds of their number shall be present, to authorise their Treasurer to borrow any sum or sums of money not exceeding in the whole, the sum of five thousand pounds, with power tothe Board by a quorum of the members thereof, to grant bills or bonds, or obtain cash credits for the same, and for further security to the person or persons from whom such money may be boi-rowed, to assign to such per- . son or persons the assessments hereby authorized to be made and leAded, until the sum or sums so to be borrowed with interest thereon, shall be repaid and discharged. 56. No member of the Board or Treasurer shall be f held or adjudged, to have made himself personally lii able for the repayment of any money borrowed, or int terest thereof, by reason of having signed any securi- [ ties as aforesaid. 57. In no case shall any forfeiture, penalty, or fine imposed in pursuance of this Ordinance, or of any j bye-law to be made agreeable to the provisions of this i Ordinance in that behalf, exceed for any one offence, i the sum of one hundred pounds. All such forfeitures 3 penalties, and fines, shall he recoverable in a sumt mary way, and shall be sued for and recovered by, r und paid to the clerk of the Board, and shall be ac--1 counted for by him to the Treasurer of the Board, 1 and shaU form part of the funds for the general purposes of this Ordinance. p SS. In all cases in which any notice is by this Or--1 diuance required to be given to the owners or occu- '*■ piers of any premises, it shaU be sufficient to address ''* the notice to them by the description ofthe OAvner or * occupier (as the case may require) of the premises I (naming them) in respect of which the notice is given (hereinafter called the premises), \rithout further i, name or description, and the notice shaU be served c upon them or one of them, as the case may require c either personally or by delivering the same to some II uwnate of his or their place of abode; or in the case

of the ocdupier, and &!?e in ihe &y& of the o*?,ef, if his place of abode be tmktioAvn, upon any inmate of the premises, or if -they be unoccupied and the owner's place of residence be unknown, it shaU be_ sufficient to fix the notice upon some conspicuous part of the premises: Provided always in the case of notices to the owner, that although his place of abode be known to the Boani, vet if it be not witlun Dunedin, it shaU be sufiicient to transmit any notice directed to him by name through the Post Office. 59. Whenever the consent, approval, or authority of the Superintendent is required by the provisions of this ordinance, the resolution gi ring orrefusing the same shall be passed, with the advice and consent of the Executive Council, and shall be in writing under his hand; and whenever the consent, approval, or authority of the Board is so required, the same shall be in wnting under the hands of three or more members, and the Clerk ofthe Board. 60. Nothing in this Ordinance shall be construed to render lawful any act, matter, or thing whatsoever, which but for this Ordinance would be deemed to be a nuisance nor to exempt any person from any liability to which he would otherwise have been subject in respect thereof. J 61. In the construction of this Ordinance, the folloAving words and expressions shall have the meaning hereby assigned to them, unless such meanings be re" pugnant to and inconsistent with the context of the subject matter m which such Avords or expressions occur; (that is to say), The word " Board" shaU mean the Town Board of Dunedin for the time being. The word " street" shall include any road, bridge footway, pavement, court, alley, or passage! whether a thoroughfare or aot, and the parts%>f any such road, bridge, footway, pavement, court, alley, or passage, "within the city of Dunedin. The word "drain" shall mean and include any drain of and used for the drainage of one building only, or premises within the same curtilage, an 3 made merely for the purpose of communicating therefrom Avith a cess-pool or other little receptacle for drainage, or with a sewer into Avhich the drainage or two or more buildings or premises occupied by different persons is conveyed. The word " sewer" shall mean and include sewers and drains of every description, except drains to which the word " drain" interpreted as aforesaid applies. Passed the Provincial Council this eighth day of Slay, One thousand eight hundred and sixty-two. ALEX. RENNIE, Speaker. CHAS. SMITH, Clerk of Council. Dunedin, ninth May, One thousand eight hundred " and sixty-two.—l hereby declare that I "reserve this BiU for the signification of the GoAernor's pleasure thereon. J. L. C. RICHARDSON, Superintendent of the Province of Otago.