DUNEDIN IMPROVEMENT ORDI NANCE, 1862.

Otago Daily Times, Issue 218, 20 August 1862, Page 7

DUNEDIN IMPROVEMENT ORDI NANCE, 1862.

An Ordinance for Promoting the Improvement of \ the City of Dunedin. -flwITT 8 "-k W 15"'* t0 mnke further and more effectual provision tordrainine,cleansing liehtin<^ and paving t:ic city of Dunedin/anU for the sanfcS . prove ment. thereof, a- d m other respects to Send tiic l»unedin Town Board Ordinance, 1855^Sd the Dunedin Iloads and Streets Ordinance, iffiS •» Be it rtiercfore enactrd by the Superintendent of the Provmcp ot ptago with the advice and conleut of the Provincial Council thereof, as follows : _ 1. This Ordinance shall be termed, and maybe S3aLSJe7SS« to " the " *™^^o™llt 2. This Ordinnnee shall come into force on and after a day to be fixed by the Superintendent by proclamamation in the Provincial Government Oazctte wnzch proelaiuatu n shall not be made unless and unS the Governor shall intimate that he has kfttlds Ordinance to us operation. And the Members of the Toya Board of Dunedin, elected under the said first recced Ordinance, shall superintend the execution S tliis Ordinance until the election of their sucScS n office under this Ordinance. successors

«««P^hM]ahda^ r' the' date uPon this Ordialways that except in so far ai hereby repealed the said recited Ordinances shall he effectual to ril intent! and purposes, as if this Ordinance had not'been ■♦i.f'-R Ira- n? ed iiai?l^a^ r' the P^^Pofthis Ordinance, nf-5^ t al i mdC tie, Said City "towards or JJtoincts, and fix and determine the boundaries thereof; it shall be lawful for the Board to a£ varjv add to, or diminish the boundaries and extent of the said Wards, or any of them, and to vary the : number of said Wards, in such manner as tho state oi the population.thereof, or other circumstance*,-1 shail appear to them from time to time to require; and the boundaries of the Wards shaUfun along the middle of the streets by which they are declared to De bounded, except when the contrary is specially mentioned: Prowled always that such Wards, and boundaries thereof, and any alterations thereon, shall he intimated by advertisement, to be maaeintbe Provincial Government Gazette and in 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 Board shall direct, jthe Board shall cause to be collected the JSames and Residences of every person in each Ward who may be'liable.to be rated, as hereinafter mentioned, in consideration of any lands, builuin-^s and hereditaments owned or occupied by him/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 mil 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 the Board shall be final and conclusive in regard to any and every objection made against every 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 and papers of the Board ; and if at anytime after the completion of such liase-payprs' Roll any pHr?on not being liable to"h*» placed on such Roll at the time of its completion, shall 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 .shall be competent for such person to apply to the Board to have his name inserted in the Ratepayers' Roll for the Ward in which 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 shall 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 be elected by a majority of the votes of the ratepayers on the ratepayers' roll for the Ward for which they are elected.

7. Evory male person of full age who shall, under the provisions of this Ordinanee,be liable to be rated or assessed for or on account of any rate levied or assessed by the Board, and whose name shall appear on the ratepayers' roll for £iiy 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 l^embere 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 Clark to attend at gome 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 intendingl to V)te in such election shall appear personally at 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' Soil ior 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 snch voter, and report such objection to the Clerk of the Board in the Register Book as hereinafter directed : Previded always that no elector shall have more than one vote in the election for a Ward without prejudice to hfe" voting i n any other Ward or Wardo if qualified as aforesaid.

10. Every such Election shall commence .it nine o'clock in the morning of the day on which it 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 earnest of not more persons than the number to be elected shall be inscribed for the office in each Ward respectively,'the eteefcion in such case shall be <'eclared to be at an end and no Votes shall theraafter be received*; but if the uamea of more persons than the number to be elected shall be so inscribed then the Bain. Book shaii remain open until four o'clock of the said ony, after'which no votes shall be received (ex cept tho^e of such Electors as may be within the Polling Place waiting to tender their Totes), aud the Election shall 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 anytime of the day after eleven o'clock, they may thint 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 toattend the same shall deliver the said books to the Clerk of the Board, who shall make lip and write in each of the said books a state of the votes in the Ward, and shall affix to the door of his office, within two days thereafter, the names ol'the persons linving the majority of votes, who shall l>e held to be elected as Members of the Board; and the said book* in which the names and votes are inserted, in manner above described, shall remain open and pau-ht for the insp. etion of all concerned, at the office of tlie Ch-rk of the Board, for four days after every £uch -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 pound for each offence; and if any person not Qualified to vote shall nevertheless vote at any such Election, every such person so offending shall, upon conviction as aforesaid, be liable to a penalty not exceeding two pounoU for each offence.

14. It shall be competent to any person who coneiders that he ought to have been returned as a Member of the Board, to complain against the Clerk's Return, provided the complaint be made by petitiou to the Board, signed by the complainer, or by some person on his behalf, and lodged with the Clerk to the jßoard, within four lawful days after the Election; and on such petition being presented, the Board shall remit to a' Committee of nye of their number to inquire into the merits of such disputed Election, and report thereon to a. subsequent meeting pf the Board, and the determination of the Boa rd on uuch report shall be final and conclusive; and if, upon the Clerk's reprt, or uoon a scrutiny demanded, and the said Committee's report, there shall be found to be an equality of votes at any of the said Elections, the Board shall determine "vvhich of the Candidates sjiflll be preferred.

shaU ?m?,,,n hethree. M! mbers elected for each Ward cause ZSJ gr^ U.* °f °ffice ' *"* the Bo»rd "ball bvifcHn? !S°f^ r retirement to be determined andl ™? ;„?:°V leß a- n thbt-v 9 Previo"s thereto ; StS?/, '"wmber reti.mg as aforesaid shall, ii duly qualified, be eligible for re-election. ~*& .mca the office of .1 Member of tlia Board ap»ito ce r VaCa,^' h* death« resignation, non('wETn' dl<i<iuf fiction, or in any other way, the Uerk shall, at ihe fint meeting of the Board after sh"iMnv P T ICe °l 9Uch va^ ancy' or after the same 5h.... have be'-ome known to him, report such vacancy, m P mW 7 may ibc ,* Xed- fol> the election of a new member to supply the said vacancy, and shall intimate such election by advertisement, and the election ™T • pi,o? c'ed m all respects as in manner herein provided in the case of annual elections; and within two days after such election, the Clerk «hall affix pLI ? do«o* \«w office the name of the person elected, and it shall be competent to any person who considers that he ought to have been returned as the oeison elected, to complain, and for the Board to proceed in rearard to such election n manner hereinbefore directed in the case of complaints in annual elections: Provided always that such petition and complaint be lodged with the Clerk before the fim meeting of the Board after such election.

+t. ir General Meetings of the Bonrd shall be held in the Months of January, April, July, and October, for putting the powers coinmitred to the Board in execution,- and all such meetings shall be called, and the proceedings thereat shall fee conducted in the manner set forth m the said first recited Ordinance.

18. If the Electors of any of the said Wards shall refuse or neglect to elect Members of the Board, upon any day duly appointed for such election, it shall be Jawtiil tor the Board to nominate and appoint qualified persons to be such Members, and such members when so nominated and appointed, shall have and enjoy the same powers and privileges, and shall remain the same time in office, a.* if they had been duly elected by the electors in such Wards!

19. Save and except as herein otherwise provided the Board shall have, and either by themselves or by Committees of their number duly authorised, shall execute all the powers and duties vested in or imposed on the Board by this Ordinance, and the said recited Ordinances, in 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, and the said other Ordinances, and 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 autnorised to be assessed, levied, raised, and applied.

• j 7 he Board shal1 ' mul 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 suca manner as their Inspector of Cleansing shall direct, and to enter into contracts for such purposes and for the sale or disposal of the sweepings of the streets. r ■

.21. It shall he lawful for the Board to make provision for lighting the streets, in such manner and to such extent as to the Board shall appear suitable; to provide, erect, arid maintain such a number of lamps lamp-posts, and lamp irons, and other appurtenances as may be necessary for that purpose: to light or enter into contracts for lighting and causing to be lighted, ouch lamps, by means of oil or gas, or such other hjiht as they may find expedient; aiid to order the lampposts, lamp irons, and lauips. to bo fixed either on the rides of the"streets or upon the curbsi^nusof the pavement, or footpaths, or in or at the walls of buildings, upon indemnifying the owners or occupiers for any damage done, the amount of which, in the event of difference opinion, to be fixed and determined summarily by the Resident Magistrate.

22. It shall be lawful for the Board to make and enact, and from time to time to alter, amend, and re vest], Kules, Regulations, and Bye-laws relating to th cleansing, lighting, paving, causewaying, metalline and repairing of streets ; the making; ard repairing of common sewers, drains, privies, and urinata; the preventing and suppressing of' nuisances, annoyances, and obstructions, and the promoting of health "within Dunedin ; and the proper management of the Firo Engine Establishment: Provided always that such rules, regulations, aud bye-laws shall not be inconsistent with, or repugnant to, any Actor Ordinance in force within the Province of Otago.

23. It shall be lawful for the Board to impose and exact such penalties, fines, and forfeitures for the infringement and breach of any such bye-laws as shall seem to them fit and reasonable : Provided always that no such penalty shall exceed, for any one offence, the s.um of forty shillings, and in the case of a continuing nuisance, the sum of five shillings for every day during which such nuisance shall not be abated.

24. No bye-law male under the powers herein contained shall be of force until a copy thereof, certified by the Clerk to the Board, shall have been inserted once in newspapers published in Dunedin, and shall have been confirmed by the SuSuperiutemJent; and if the Superintendent shall disallow the said bye-law, or any 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 mr.de by the Board as to Lighting and Cleansing; to cause to be removed from the streets all dung, soil, dirt, ashes and tilth; to see that'all Lamps be lighted and kept lighted for the due tune, and kept in all respects in 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 the streets, with the result ot 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 air the Orders, Instructions, and Regulations which may from time to time be made relative to the execution of his duties.

26. If upon the certificate of any Medical Officer of the Government or any two Medical Practitioners, it appears to the Board that any House, or Building, or part thereof, is in such a filthy or unwholesome condition that the health ot any person is affected or endangered thereby, or that the whitewashing, cleansing, or purifying of any house or part thereof would tend to prevent or check infectious or contagious disease, the Board shall give notice in writing to the owner or occupier 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 in the said notice, he shall be liable to a penalty not exceeding Ten shillings for every day during-which 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 tlie 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 offensive business, trade, or manufacture shall be established in any building or piace 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 whosoever 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.

2S. The Superintendent shall cause to be prepared by the Provincial Civil Engineer, upon a scale to be 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 times be .-open to the inspection of the Ratepayers or 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 belougiug 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 made such Sewers 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 tinder any street or place laid but as or intended for a street, or under any cellar or vault which may be under the pavement or carriage way of any street, and after reasonable notice in writing 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 until such Map or Maps are prepared, shall be made with the approbation and consent of the Superintendent.

31. The Board may from time to time renair, enlarge, lessen, alter, arch over, or otherwise improve all or any ot the Sewers under their 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 ODsent of the Superintendent, and bo as not to create

Nuisance; and if by reason thereof any person is epnved of the lawful use of any Sewer, the Board dall provide some other Sewer'as effectual far kis use h the one of which he is so deprived.

32. The Board shall cause the Sewers under their management and 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 an I 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 with and be emptied into such places as may be fit a u necessary, and may cause Sewage 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 Drain 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 of the •board first-had arid obtained; And whoever offends against this enactment shall forfeit to the Board the sum oi Twenty pounds, and a further penalty of One pound lor every day during which the offense is continued, after notice in wrifcinsr from the Clerk to the Loardin t'^is behalf; aud if any sewer; drain, building, vault, 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 d»>alt with as they may think fit, and the expenses u'.currert by tlicm 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 Dunedin. may cause any Sewer or Drain of or from such premises, to communicate with any Sewer of the .Hoard, upon such terms and conditions as shall be astreeu upon between such owner or occupier, and the tfoard, or iv case of dispute, as shall be settled by the whose award shall be final and conclusive.

35, It shall not be lawful newly to erect or torebuild any house or to occupy any house so newly erected.or rebuilt, unless and until a covered drain or drain; be constructed of such size aud materials and at sucli level aud with such fall a« to the Board shall appear to be necessary and sufficient for the proper and effectual drainage of such house and its appurtenances; aud the drain or drains so to be constructed shall lead to and commnnicate with a Sewer of the Board, or such other means of drainage as the Board shall direct if the same exist within one hundred feet of the site of such house; and if no such Hewer or means of drainage be within 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 tiie Board shall direct, and whosoever erects or rebuilds any house, or occupies any hnu'se contrary to this'enact tnt, shall be liable for every such offeac to a penalty not exceedng Ten Pounds.

36. If at any time it appears to the Board that any house, whether built before or after the passing ot this Ordinance, is without any drain or drains sufficient for the proper and effectual drairage of the same and its appurtenance-, and if a sewer of the Board or other means of drainage be within one hundred feet of any part of such house, they shall cause notice in writing to be given to the owners or occupiers of such house, requiring him forthwith, or within such reasonable time aa shall be specified therein, to construct and lay down in connection with such house, and one of those means of drainage, one or more covered drain or drains, of such material and size, at such level, and with such fall as shall appear to be necfiasary ; and if such notice shall not be complied with, the owner sloll be liable to a penalty not exceeding Ten pounds, and the Board may, if they shall think fit, cause the work to be done, and the expenses thereby incurred by them shall be recoverable from the owner.

37. It shall not he l.wftil newly to erect or to rebuild any house without a sufficient water c!o«et or privy, and whomever offends against this enactment shall be liable to a penalty noi <xw-ding Ten pounds; and if at any time it appears i-u the Board that any house, whether built before or after the passing of this 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 such notice be not complied with, the owner shall be liable to a penalty not exceeding Ten pounds; and the Board may, it they shall think tit, cause to constructed a sufficient water closet or privy, or such other works as the case may require: and the expenses incurred by them in so doing, shall be recoverable by them froia 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 water-closet or privy may be so used, they need not require the same to be provided for each house.

38. The level of the streets shall befixal bytheßoareL 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 awl cesspools, to be constructed or used in connection with such house. And it shall not be lawi'nl to Ix'giu BHfh works until the particulars so required t<> i>z stated have been approved by the Board : an<i in default of .such notice, or it any".;•;■■.« houseprivy, or cesspool bo built or rebuilt without such approval, or in. any respect contrary to the provisions of 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,, pu'leu down, or otherwise dealt with as the case may require, and the expenses incurred in so doing shall be recoverable from the offender: Provided alway*, that if the Board fail to signify their approval or disapproval of the said particulars for the space of fourteen days atter receiving such notice, it shall be lawful to proceed according to such notice, if the same be otherwise in accordance with the provisions of this Ordinance, or any other Act or Ordinauce in force at the time.

39. It shall be lawful for the Board, and they are hereby authorised and required, to provide and liave at all times a sufficient establishment of fire engines, pipes, and appurtenances, to be used for extinguishing fires 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 Bltali also appoint such number of hremen as the Board shall think nt 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, shall be defrayed from the rates for miscellaneous expenses hereinafter authorised to be made and levied.

42. It shall be lawful for the Board upon hpplica- ! tion made to them, or to the said Inspector or other person in charge of such fire engines, to permit the firemen end the engines, pipes, 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 al .o such further sum not exceeding ten pounds per centum upon the gross amount of such expense, as .nay 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 signed by the said luspector of fire engines, and approved by the Board or their Committee in that department, and doqueted by the Clmirman of 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 came, aud the Board shall have power to modify mn j charges when they see cause.

43. The Board may with the approval and consent of the Superintendent, provide the City of Dunedin with such a supply oi pure and wholesome water, as may be proper ami 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 contracts for the construction, laying down, and maintaing of such works, matters and things, as shall be necessary and proper.

44. The Board may, if they think fit, supply water from any Buch water-works constructed by them under this Ordinance, to any public baths or wash houses, or 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 al existing public purups, .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, construct any number of cisienis, pumps, wells, conduits, and works. .

48. Whosever shall wilfully 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 unlawfully 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 cistern, well, reservoir, condfnt, aqueduct, or other water-works, shall be fouled or rendered unwliolesome, 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 other 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 within the city of Dunedin, and to make such rules and regulations with reference to thelicensingof carters, the places where they shall stand, the rates tbeyshailireeeive, the distance they shall be compelled to go, and such other mutters as may tend to the public convenience in regard to them as the Board may see fit; and any carter plying without a license, or otherwise offending against any such role or retaliation, shall on conviction pay a penalty not exceeding five pounds: Provided always, that no such rule or regulation shall have force or effoßt, unless and until the same shall be allowed by the Superintendent, and published in the Pvitvincial Government Gazette.

49. All the sums of money, including officers' salaries and all ether expenses required for the purposes of the " Dunedin Roads and Streets Ordinance, 1855" and this Ordinance, shall 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 hsads of Lighting, Cleansing, and Miscellaneous Expenses; and the assessment so authorised to be made and levied shall be made and levied rateabiy tor these several purposes, and shall not in the aggregate exceed, in any one year, the sum specified in the aforesaid section of the said first mentioned Ordinance.

50. It shall be lawful for the Board, at any meeting for niakingorconsidering such assessmentto exempt tor a time, or from time to time, any streets, lands, anil houses, from all or any of the regulations in regard to lighting and cleansing n-speefiveiy, established or hereafter to he established by or in pnrcuanee of the " Dv tied in Roads and Streets Ordinance, 1855" and this Ordinance; and any such streets, lauds, and houses, if so exempted from all such regulations, shall, daring the continuance of such exemption, lie free from payment of any part of the assessment authorised to be levied for liquidation of the expense of lighting and cleansing; but in the eTent of any such streets, lands, and houses bring only partially exempted from such regulations, then such streets, lands, and houses ho partially exempted, shall be liable in payment of anrh ff_art of such assessment as shall be fixed and determine 1 by the Buard in 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, wli.nh.er forming one or several wards, of parts of one or of several wards, the Board shall, over and above the assessments for the other purposes hereinbefore :aentigi;cd, and in the same manner at for the said last mentioned assessment, make and levy, in respect of the pre?nises situate in such district for the benefit of which the expenxes are incurred or to bo incurred, a rale or rates, to be called Sp;.ci.il District Rates, of such amount m will be sufficient to disriiarge the amount of such expenses, and interest thereon withiu such period, not exceeding six years, as the Board shall determine.

52. If it shall appear to a majority of not less than two-thirds of the rate payers, owners, or occupiers of houses or lands in any street or part of a street, or other described and defined part of Dunedin, at a public meeting to be called on notice, as hereinafter provided, that the execution of particular works, matters, or things, which the Board have on good and sufficient grounds declined to execute, would contribute U> the health and convenience of the inhabitants of su<ti part of Dunedin, the Board on receiving security to their satisfaction for payment of t'je expense thereof, shall procure a plan and* estimate of the cost of executing such works and shall lay the same before another public meeting of such rate pavers, to be cal ed on notice as is hereinafter provided ; and if the same shall be approved and sano tioned by a majority of such rate papers assembled at such last mentioned meeting, the Board, on receiving security for the expense thereof, oc in case the Board agree to bear any part of the expense, security for the remainder, shall cause the work in question to be executed; and in the emit of the: c not being voluntary contributions of adequate amount for the purpose, the Board shall pay the cost, or the rate payers' proportion of the 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.

53. If any person shall think himself aggrieved by the decision of the Board, in any case in which the Board are pmpoweral to cause any work, matter, or thing to be executed and done, and in respect of which such person may be made chargeable to any special rate in terms of this Ordinance, or by any decision of the Board upon the value at which his property is assessed for a«y special or other rate authorized by this Ordinauee to be levied, it shall be lawful for him »t any time within one calendar month after public notice shall have been given 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 of the Board, sludl have power to hear and determine the same, and to award relief in the premises, as the justice of the case may require, and the decision of such Justices shall be final and conclusive as regards the matUr of such appeal: Provided that the person so appealing shall give notice in writing to the Board of such his intention of appealing, fourteen days before the holding of the Court, at which such appeal may be heard and determined.

54. In order to raise the money which may be necessary for the purposes of this Ordinance before the assessments hereby authorized are levied, it shall be lawful for the Board, or a majority of members thereof assembled at a meeting specially called for the purpose, and at which not less than two-thirds of their number shall be present, to authorize their Treasurer to borrow any sura or sums of money, not exceeding in the whole the sum of twelve thou.-ianil pounds, for the general purposes of this Ordinance, with power to the Boird by a quorum of the members, 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 borrowed, to assign to such person or persons the assessments hereby authorised to be made and levied, until the sum or sums so to be borrowed, with interest thereon, shall be repaid and discharged.

55. In order to raise the money which may be required 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 district as aforesaid, it shall be lawful for the Board or the majority of the membcra thereof assembled at a meeting expressly called for the purpose, and at which not less than two-thirds of their number shall be present, to authorise their Treasurer to borrow any cum or sums of moneynot exceeding in the whole, the sum of five thousand pounds, -with power to the 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 borrowed, to assign to such person or persons the assessments hereby authorized to be made and levied, until the sum or sum 3so to be borrowed with interest thereon, shall be repaid and discharged.

56. No member of the Board or Treasurer shall be held or adjudged, to have made himself personally liable for the repayment of any money borrowed, or interest thereof, by reason of having signed any Becuritieaas aforesaid.

57. In no case shall any forfeiture, penalty, or fine imposed in pursuance of this Ordinance, or of any bye-law to be made agreeable to the provisions of this Ordinance in that behalf, exceed for any one offence the sum of one hundred pounds. All such forfeitures penalties, and fines, shall be recoverable in a summary way, and shall be sued for and recovered by and paid to the clerk of the Board, and shall be accounted for by him to the Treasurer of the Board and shall form part of the funds for the general purposes of this Ordinance.

58. In all cases in which any notice is by this Ordinance required to be given to the owners or occupiers of any premises, it shall be sufficient to address the notice to them by the description of the owner or occupier (as the case may require) of the premises .(naming them) in respect of which the notice is given (hereinafter called the-premises), without farther name or description, and the no Ice shall be served upon them or one of them, as th* case may require, either personally or by delivering >b& same to some inmate of,hie or their place of abodeor in the ease of

of the occupier, and also in theicase of the owner, if his place *of abode be unknown, - upon. any- inmate of the premises, or if they be unoccupied and the owners place of residence be unknown, it shall 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 Board, yet if it be not within Dunedin, it shall be sufficient to transmit any notice directed to him by name through the Post Office.

59. Whenever the consent, approval, or author! of the Superintendent is required by the provisions of this ordinance, theresolutiou giving prrefusing the same shall be passed, with the advice and consent of the Executive Council, and shall be in writing under bis hand; and whenever the consent, approval, or authority of the Board is so required, the same shall be in writing under the hands of three or more mem bers, and the Clerk of the 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.

61. In the construction of this Ordinance, the following words and expressions shall have the meaning hereby assigned to them, unless such meanings be repugnant to and inconsistent with the context of the subject matter in which such words or expressions occur; (that is to say),

The word " Board 1' shall meanthe Town Board of Dunedin for the time being.

The word " street" shall include any road, bridge, footway, pavement, court, alley, or passage, whether a thorough fare or not, and the parts of j any such road, bridge, footway, pavement, court,; alley, or passage, within the city of Dunedin. I The word "drain" shall mean and include any; drain of and used for the drainage of one building only, of premises within the same curtilage, and ! made merely for the purpose of communicating therefrom with a cess-pool or other like receptacle for drainage, or with a sewer into which the drainage ox 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 a3 aforesaid applies. Passed the Provincial Council this eighth day of May, One thousand eight hundred and sixty-two. ALEX. RENNIE, Speaker. CHAS. SMITH, Clerk of Council. Dunedin, ninth May, One thousand eight hundred aud sixty-two.—l hereby declare that I reserve this Bill for the signification of the Governor's pleasure thereon. J. L. C. RICHARDSON, Superintendent of the Province of Otago.