BOOK PACKETS

Otago Daily Times, Issue 211, 23 August 1862, Page 6

BOOK PACKETS

1. To any part of the Colony, or to the Kingdom, via Southampton Not exceeding 4oz ... ... ... 4d Exceeding 4 oz., and not exceeding 8 0z... Bd. » 3 oz., ~ ~ l«j 0z... Ih. 4d. And so on, increasing ei^ht pence. for every addi ■ tianal half-pound, or fraction of hitlf-a-pouud. 2. To the following British Colonies— Ascension lonian Islands Bermuda Natal Biiti.sii West Indies Now Brunswick Canada NewfouiMiland o:u>c of Good Hope* NV.va Scotia Falkland Ihlanda Priti.vt Eiivvanl Island (tambin St. Helena Uold Co:i^t Sierra Leone H«li;4flaiul Vancouver's" l.j!aad N-*t exceeding 4 oz. ... ... ... 7d Esceeiling 4 ox., and not exceeding 3 oz. ... 1j». 24 So/.. _~ „ 10 oz.. ... 2s. 44. 'and so on, increasi'j^ one shilling and two pence for every half-pound, or fraction of h:tifa]».iutul. I'BKPAtJIKXT BY STAMI'S. All Ictfors, packets, and newspapeni po^k'd in New- Zwilatvj, !utw u be prepaid by aSixtn^ p<>stage labeln Uittcoluny of builiuient value. !,Oo3¥ LETTERS. All k'ttern received from beyond fea^jat any Po^t Office in thin Colony, which have not been regularly lasted at the place of despatch (loose luttera)", are char»»«vblo'.with full postage, ncconlinx to the n;te,s ehUibliHliwl by the foregoing tables, nnle.-w they are letters which tt.w not eompul«i)ry by law-to-<*en>L. by post, in which case they are chargeable with the inland raW of postage only. ixauvficiKST PAT«r:sT. Letters and p;ieket,^ liable to more than one.rate of postage, and addressed U> places within the Colony, or to "the 'United Kin^jn'nj, it l>earing at leavt a single na^?, will be forwarded uml char^^rwith tlio r>f<sUi^e deficient, and another single rate as n rim?. Lett on* and packets so .vldres-ieil. and bearing lew than a single .rat« of jiosutge. and all letters and packet* otherwiso .'uLlressed, not I tearing the full ytosta^e chargeable, will be dtU't't:(.-d nnd retume<l to the .vnder in all eases where pra-ctieible. Nfcvsv.ipvrx, if}jost«l without prepayment of the full amonnt of postage charjteable, can neither be forwanlwl to their 1 -destination nor returned u> the .sender; but will ba delivered or forwanlwi to-the person ruhiraw ■>), on j application, within six months, at the office v.L e re ; "'same were [»>-iUsl, and payment of the deMcient postage in stamps. RKGISTRATSt'X. Any pf-rsoii can have a letter .registered .by n*,n;<in,r on it by means of the proper labels the amount -f the rcgUtrafion fee, in ndflifion.to the proper pelage, and presenting ft at a Post OHice during office .jours, and at least one hour bdbre the 'Hosing of tl^ mail by v.'ltieh it is dcsireii to be transmittoi. livery pre- | c.iution will b« adopted to ensure the safe delivery of , a registered letter, V/ entering it on the letter bills, and obtaining atvt*ei;t for the same on delivery. A» the 1 I'ost Oft'tcfi, howftVf i1 is not responsible for thY loss 01 nny lettor, .-whi:lh(-r itsgistcred or othrrwi«<>, persons . wmiling bank ni t««s i.r drafts are advisetl to take the nmnbers an<l oariirulats, and to cut the jiotcs or drafts in linlvci;, and to send them by (liflerent post Hl'.-DIUUCTION. Letters, nfwv;tipers, and packets wil be re-directed from one Po-st. Otliu' to another on the written instructions of ihe ;w.r-on addressed, but on re-dirscti>n nre chargeable vith a new and dwtuict rate of {Kjitn^e, to. l)e j)aid on delivery. PENALTIES. Any.person smiling ;m exempt from postage letters not liable to xemption, or enelosiug a communication in the nature of a letter in any newspaper 01 book-packet, it liable to a penalty 0f".€20. SIZE AND WEIGHT. No l>ook-packet or packet of newspaper* will be roceifed, nor will any Postmaster tic'required to receive any letter if it exceed two feet in length, one foot in width or depth, or three pounds in wciaht. ' BOOK-JACKETS.TO. BE OPEN FOR INSPECTION! ..Every book-packet shall be sent open at the ends or sides, and there shall be no ' enclosure-scnlcd or otherwise dosed against inspection sent in or with such packet, nor any thing printed or written in the nature of a letter. • CONTENTS. With the above limitations, a packet-book may contain any number of separate .books', 'maps, prints, or phototrraphs, and any quantity of paper, vellum, or parchment, either printed, written on, or piain^ (exclusive of anything in the nature*of a letter whether sealed or open,) with the binding, covering, or mounting- attached or belonging to such book, print, map, or photograph, and Si things legitimately appertaining to or necessary for the transmission of any enclosed .literaryor artistic matter, but exclusive of glass in any form. The names and address of the sender may appear on the cover. OVERLAND CAUUIAGK. No Postmaster will be required to receive any book-packet !br transmission by an overland mail, 11 from its weight or any other cause the packet appear calculated to retard the carrier. CRQ3BIE WABD, Postmrwtfir-Genernl.

DUNEDIN IMPROVEMENT- ORDI-

NANCE, 1862. An Ordinance for Promoting the Improvement of the City of Dunedin.

. Aliiewsas it w expedient to make further and more effectual provision fordrainmg, cleansing, lighting, and paving the c:ty of Dnnedin, and for the sanitafv improvement thereof, ai;d in other respects to amend the JJuneiim Town Board Ordinance, 1853 » and the "Dunecim Roads and Streets Ordinance 1855 •"

Be it therefore enacted by the Superintendent of the I'roymcr ot Otago, with the advice and consent ©i the Provincial Council thereof, as follows :

1 This Ordinance shall be termed, and may be O lrdn^e?SSy° M tLe " 3Dunedin ImP™emW

2. ilns Ordinance shall come into force on and afti-r a day to he fixed by the Superintendent, by proclaniamation in the Provincial Government Gazette which proclamation shall not be made unless and until the Crcvernor shall intimate that he has left this Or dmnnce to its operation. And the .Members of the Towrvßoard or Dunedin, elected under the said first 'recited Ordinance, shall superintend the execution of this Ordinance until the election of their successors n ofiice under tms Ordinance.

3. From and after the date upon which this Ordinance shall come into operation in manner aforesaid such parts oi the 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 this Ordinance had not been passed.

4.-Immediately after the passiogofthis 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 to 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 are declared to be bounded, except when the contrary is specially mentioned: Provided always that such Wards, and boundaries thereof, and any alterations thereon, shall be intimated by advertisement, to be made in the 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 hereiubefore directed, and yearly thereafter as the Board ! shall direct, the Board shall cause to be collected the ' Names and Residences of every peson in each Ward, i who may be liable to be 'rated', "as hereinafter mentioned, in consideration of any lands, buildings, 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 Duuedin, 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 the Board shall be final and conclusive in regard to any and evevy 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' 8011, and shall be lodged with the books and papers of the Board ; and if at any time after the completion of such Rate-payers' 801 l any person not being liable to be 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. Every male person of full age who shall, under the previsions of this Ordinaneejbe 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 any of the said Wards, as ereiubefore "provided, shall be deemed a ratepayer or the purpose of any such election for any Ward on the roll for which his name so appears.

8. Thereshall be three Members of theßoard 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 gome convenient place in or adjacent to each Ward, upon t!:e first Monday in the month of December in every Tsar, and the Rate-payers in each Ward intending to Vote in snob election shall appear personally at auch 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 Ids 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 suck election shall register such vote, but shall at the same time make a memorardim of the name of such voterj 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 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^ 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 names of-not'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 electfd 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 (except those of such Electors as may be. within the Polling Place waiting to tender their Votes), and 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 any time of tbe 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 m-tim-ition 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 thesaid books td the Clerk of the Board, who shall make up and write in each of the said books a state ot the votes in the Ward, and shall affix to the door of Iris office.-within two days thereafter, the names o the perrons having the majority of votes, who shall be held to be elected as Members of the Board; and the said books in which the names and votes are inserted, jn manner above described, shall remain open and patent for the insprction of all concerned, at the oihee ofthe Clerk of the Board, 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, ui'on conviction before a Justice of the Peace, be liable to a penalty of one ponnd for each offence ; and if any poron nonqualified to vote shall nevertheless vote at any such Election, every such person so oifendim- shail, upon conviction as aforesaid, be liable to a penalty not exceeding two pounds for each offence

14 It shall Le competent tp any person who consider^ that he outfit to have been returned as a Member of the Hoard, to complain against the Olerk's return, provided the complaint be made by petition ♦« thp Boiird M.raed by the eomplamer, or by some peS^n to bfi and lodged with the Clerk to the SK within four lawful days after the Election; aud on such petition being presented the Board siichSrt shall be final and conclimyej vod * „ or. thfclerk's report, orux,ona «.ruUny demanded, and the .aid Comnlittee's report, there shall bo^ found to be zn equality of votes at anyof the eaid WecUon ß , the Board shall determine which of the Candidates shall be preferred.

shnff 2l!f ol.*hatl»»e Members elected for each Ward cause Si n J y B?*, OU- t Of oftiPe» and the Board shall bvßalW °rde|" of«ieir retirement to be determined amihSv ' I th- a. a thirty <la*s Previous thereto ; 55 ffi T"^ v? tl; in» m »fo«sald shall, if duly qualified, be eligible for re-election, J «i.JS" iW3ien the office of a Member of tha Board SSL^ COlnei- Vaca,^ by death < nonnlT* lc?f lh W«fi«»tion f or in any other way, the Uerk shall, a t Ihe first meeting ofthe Board after the occurrence of such vacancy, or after the same snail have ber-ome known to him, report such vacancy, tnat a day may be fixed for the election of a new member, to supply the said vacancy, and shall intimate such election by advertisement, and the election snail proceed in all respects as in manner herein provided m the case of annual elections: and within two days after such election, the Clerk shall affix on the door of his office the name of-the person elected, and it shall be competent to any pe»son who considers that he ought to have been returned as the person elected, to complain, and for the Board to proceed iv regard to such election n manner hercmbetore directed in the case of complaints in annual elections: Provided always-that such petition and complaint he lodged with the Clerk before the first meeting of the Board after such election.

17. General Meetings of the Board shall be held in the Months of January, April, July, and October, for putting the powers committed to the Board in execution ; and all such meetings shaU be called, and the proceedings thereat shall fee conducted in the manner set forth in 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 shiill be lawful for 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 ahull remain the same time in office, as 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 extcute all the powers and duties vested in or imposed on the Bo;ird 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, nnd applied, the sums of money hereinafter autnorised 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 sireets, at such times and in such 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. 21. It shall be 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,.and 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, such lamps, by means of oil or gas, or such other light as they may find expedient; and to order the lamp-posts, lamp-irons, and lamps, to lie fixed either on the sides of the streets or upon the curbstones of 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 peal, Kules, Regulations, and Bye-laws relating to th cleansing, lighting, paving, causewaying, metalling and repairing nf streets; the makingacd repairing of common sewers, drains, privies, and urinals ; the preventing and suppressing of nuisances, annoyances, and obstructions, and the promoting of health within Dunedin; and the proper management of the Fire Engine Establishment: Provided always that such rules, regulations, and bye-laws shall not be 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 iinpise and exact sucli 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 sum of forty shillings, and in the case of a continuing nuisance, the suni of five shillings for every day during which such- nuisance shall not be abated.

24. No bye-law made 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 SuSuperintendent; 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 ot 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 Lamps be lighted and kept lighted for the due time, 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 tbe Cleansing and Lighting of the 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 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 01 any person is affected or endangered thereby, or tbat tbe 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 tipje 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 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 offensive business, trade, or manufacture shall be established in any 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 Kegulations as they may deem proper, jn order to prevent or diminish the noxious effects of any such business ; ami 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. 28. 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 JJuildings, 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 made such Sewers as may be necessary for effectually draining the City of Dunedin for the purposes of this Ordinance, and may carry any auch Sewer through, across or under any sjtreet or place laid out 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 Seweb to-be hereafter made shall be made in accordance with tbe 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, Bhallbemadc with the approbation and consent of the Superintendent. 31. The Board may from time to time repair, enlarge, lessen, alter, arch over, or otherwise improTe all or any ot the Sewers under their management and control, "and discontinue, close up, or destroy such of sthem as they may deem to have become unnecesary: Proyided" always that the discontinuance of uny Server sijijl be done jjritb. the approbation and nsent of the Superiateudent, and so sp> to «r»ate

Nuisance; and if by reason thereof any person is eprived of the lawful use of any Sswer, the Boai-d dall provide some other Sewer as effectual for his use h the one of which he is so deprived.

32. The Board shall cause the Sewers under their management find 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:l emptying the name, 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 bo emptied into such places as may be fit and 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 and obtained: And whoever offends against this enactment shall forfeit to the Board the sum of Twenty pounds, and a further penalty of One pound for every day during' which the offence is continued, after notice in writing from the Clerk to the Board in tin's behalf; and 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 alterei, pulled down, or otherwise dealt with as they may think fit, and the expenses 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 Dunedin, may cause any Sewer or Drain of or from such premises, to communicate with any Sewer of the Board, upon such terms and conditions as shall be agreed upon between such owner or occupier, and the Board, or in case of dispute, as shall be settled by the Superintendent/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 drains be constructed of such .size and materials and at such level aiul 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; and the drain or drains so to be constructed shall lead to and commnnicate with a Sewer of the Board, or fetich other means of drainage as the Board shall direct if the same exist withiu one hundred feet of.the site of such house ; and if no such Sewer 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 auy house, and being at such distance from nny house, as the Board shall direct, and whosoever erects or rebuilds any house, or occupies any house contrary to thin enact ent, shall be liable for every such offenc to a penalty not exceedng Ten Pounds.

36. If at any time it appears to the Board that any house, whether built l>efore or after the passing ot thin Ordinance, is without any drain or drains sufficient for the proper and effi.'ctual drainage of the same and its appurtenance*, and if a sewer or 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 he given to the owners or occupiers of such house, requiring him forthwith, or within such reasonable time as shall he 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 apjtear to be necessary ; and if such notice shall not be complied with, the owner sliall lwj liable to a penalty not exceeding Ten pounds, and the Board may, if they shall thiuk fit, cause the work to he done, and the expenses thereby incurred by them shall be recoverable from the owner.

37. It shall not be lawful newly to erect or to rebuild any house without a sufficient water clo«et 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 this Ordinance,'has not a sufficient water clo&et or privy either wflb'm 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 shidl be liable to a penalty not exceeding Ten pounds; and the Board may, if they shall thiuk fit, cause to constructed a sufficient water closet or privy, or such other works as the case may require: ami the expenses incurred by them in so doing, shall be recoverable by them 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 water-closet or privy may be so used, they need not require the same to be provided for each house. 3S. The level of the streets shall be fixed by the Board, 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 i the privies and cess {tools, to be constructed or'used in j connection with such house. And it shall not be law[ful to begin such works until the 'particulars so required to be stated have been approved by the Board ; and in default of such notice, or if any such houseprivy, or cesspool be built or rebuilt without Kuch approval, or iv 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 tit, cause such house, privy, or cesspool to be altered, pulled'down, or otherwise dealt with as'the case may require, and the expenses incurred in so doing shall be recoverable from the offender: Provided alwayx, that if the Board fail to signify their approval or disapproval of the said particulars for the space of fourteen days attt-r 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 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 .enginps, 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 shall also appoint such number of firemen as the Board shall think ht and expedient for working the same in a proper manner, and for assisting iv extinguishing fires, ami 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 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, 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 also such further sum not exceeding ten pounds per centum upon the gross amount of such expense, as 4 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 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 have pQwer to modify said charges when they fee oause. 43. The Board may with the approval and consent of the Superintendent, provide the City of Dunedin with such a supply of pure and wholesome water, as may be proper and sufheieut 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 such water-works constructed by them under this Ordinance, to any public baths or wash houses, cr for trading and manufacturing purposes, upon such terms and conditions as may be agreed uppn between the Board and the persons desirous of being so supplied. 45. The Board may cause all existing public pumps, wells, streams, conduits, and aqueducts, used for the gratuitous supply of water to the inhabitants, to be ceatkiued and fer that purpose may, if thty shall

think fit, construct any number of cisterns, pumps, wells, conduits, and works. ■

46. Whos-ever shall wilfully destroy or injure any cistern, well, pump, reservoir, conduit, aqueduct, or other water works belonging to, or timler 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 auy act or thing whereby any water contained in any such cistern, well, reservoir, conduit, aqueduct, or other water-works, shall be fouled or rendered unwholesome, shall for every such offence forfeit a sura not exceeding Five pounds, and a further sum of Ten shillings fur each day whilst the offence is continued.

47. The Board, with the approval of the Superintendent, may provide, maintain, Jay out, pkut 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, arcd to make such rules and reflations with reference to the licensingof carters, the places where thejfcsball stand, the rates they shalli receive, the distance they shall be compelled to go, and such other matters 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 rule or regulation, shall on conviction pny 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 Provincial Government Gazette. ■ 49. All the sums of money, including officers' salaries and all other 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 he made and levied by the twelfth clau*e or section of the said first mentioned Ordinance; but at auy 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 authorised to be made and levied shall be made and levied rateably for 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 makingor considering such assessment to exempt lor a time, or from time to time, any street", 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 " Dunedin Roads and Streets Ordinance, 1855" and this Ordinance; and any such streets, lands, and houses, if so exempted from all such regulations, shall, dnring the continuance of such exemption, be 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 event of any such streets, lands, and houses being only partially exempted from such regulations, then such streets, lands, and houses so partially exempted, shall be liable in payment of such part of such assessment as shall be fixed and determined by the B^ard 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 thing* of a permanent nature, anil executed or done for the benefit of any district or part of any district, whether forming one or several wards, or parts of one or of several wards, the Board .shall, over and above the assessment* !•>»• the other purposes hereinbefore mentioned, a-id in the same manner as for the said last mentioned assessment, make and levy, in respect of the premises situate in sucii district for the benefit of which the expenses are incurred or to be incurred, a rate or rates, to be called Sprcial District Rate*, of such amount a* will he sufficient to discharge the amount of such expenses, and interest thereon within such period, not exceeding six years, as the Board shall determine.

52. If it shall appear to a majority of not less than two-thinls of the rate payers, owners, or occupiers of houses or lands in any street or part of a street, or other desc-ibed and denned part of Dunedin, at a public inciting to lie 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 to the health and convenience of the inhabitants of sucli part of Dunedin, the Board on receiving security to their satisfaction for pavinent of the expense thereof, shall procure a plan and* estimate of the co-it 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 ; jmd if the same shall be approved and sanctioned by a majority of such rate papers assembled at such last mentioned meeting, the Board, on receiving security for the expense thereof, or in case the Board agree to bear any part of the expense, security for the remainder, Khali cause the work in question to be executed; and in the ev«*nt of there 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 »n'vl part of Dunedin, in such manner as the 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 i-mpowered to cause any work, matter, or thing to l»e executed and done, and in respect of which such person may be made chargeable to any special rate in tercns of this Ordinance, or by any decision of the Board upon the value at which his property is assessed for any social or other rate authorize*! by this Ordinance to be levied, it shall be lawful for him at 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, shall have power to hear and determine the hame. 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 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 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, things of a permanent nature, and to be exeeuteTiand done for the benefit of any district as aforesaid, it shall be lawful for the Board or the majority of the members 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 sum or sums of money not exceeding in the whole, the sura of five thousand pounds, with power to the Board by a quorum of the members thereof, to grant bills or I bonds, or obtain cash credits for the same, and for. further security to the person or persons trom whom such money may be borrowed, to assign to such perBon or persons the assessments hereby authorized to be made and levied, 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 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 securities as aforesaid.

57. In no case shall auy forfeiture, penalty, or fine imposed in pursuance of this Ordinance, or of any bye-la^ to l>e 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 sliall be accounted for by him to the Treasurer of the Board, and shaU form part of the funds for the general purposea 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 tlie 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 further name or description, ana the notice shall be served upon them or one of them, as the case may require, either personally or by delivering the same to some inmate of faU or th«ir plate of abodeor ia the east «f

of the occupier, and also in the case of the owner, if his place of abode .-be unknown, upon any-inmate-of the premises, of if they be unoccupied and the owner's 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 Mm by name through the Post Office.

59. Whenever the consent, approval, or authori of the Superintendent is required by the provisions of this ordinance,theresolutiongivingorrefusingthesame 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 writing nnder 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 auy 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" shall 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 not, and the parts of 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, ana 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 or two or more buildings or pre- i mise3 occupied by different persons is conveyed. The word " sewer" shall mean and include sewere and drains of every description, except drains to which the word ** drain" interpreted as 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, Ona thousand eight hundred and sixty-two.—l hereby declare that I reserve this Bill for th« signification of the Governor's pleasure I thereon. J. L. C. RICHAEDSON, Superintendent of the Province of Otago.