DUNEDIN IMPROVEMENT ORDINANCE, 1862.

Otago Daily Times, Issue 216, 29 August 1862, Page 7

DUNEDIN IMPROVEMENT ORDINANCE, 1862.

An Ordinance for Promotiny the Improvement of the City of Dunedin.

it is expedient to make further and more effectual provision foi'di-ainui(r,clrar.sb^,li e htin~ and paving- the city of .Dunedin, and for the saniran' improvement thereof, a: dm other respects to amend the "Dunedm Town Board Ordinance, 1855 "and the 'Dunedin Roads and Streets Ordinance, isoo"' Beit therefore enacted by the Superintendent cf tc Province o Ot ago. with the advice and consent ot the Provincial Council thereof, as follows-—

I. This Ordinance shall be termed, and maybe OM^Vtot** th° "DUaedin Il "Pr°« .;v; TIi S 06.^^ ™me Into force on and aiter a day lobe fixed by the Superintendent, by moclamamation m tue Provincial Government Gazette which proclamation dial] not be made unless and until the Governor shad intimate that lie has left this Ordinance to us operation. And the Members of the Town Board of Dunedin, elected under tke said first recited Ordinance, .sin, 1 superintend the execution of this Oroinaiice unth the election of their successore nofhee under, this Ordinance.

3. Irom and after the date upon which this- Ordinance shad come into operation in manner aforesaid such parts of the said two recited Ordinances -is are repugnant to and-inconsistent with this Ordinance ».iall be ana the same are hereby repealed: Pi-ovided always that, except-in so far as hereby repeated, the said recited Ordinances shall he effectual to all intents and purposes,.-as v this Ordinance had not been passed. ,

4. Immediately after the passing of this Ordinance, the Board shall divide the said City into Wards or DL-tnets, and fix and determine the boundaries thereof; ar,u it shall be lawful for the Board to alter vary, add to, er diminish the boundaries and extent of ;he said Wards, or any of them, aud to vary the muuoer of said Wards, in such manner as the* state of the population thereof, or other circumstances shan appear to them from time to time to i-' quire; and the boundaries, of the Wards sba'Vnin along the middle ot the streets by. which they are declared to be bounded, except when the contrary is specially mentioned: Provided always that such \v ar«s, and boundaries thereof, and any alteration* taereon, shall be intimated by advertisement, to be maue iv the Provincial Government Uazette and in newspapers published in Dunedin.

5. Immediately after the passing of this Ordinance and the envision of the said city into Wavd« as here ■inbefore directed, and yearly thereafter as the Board snail direct, the Board shali cause to be collected the iNames and Residences of every pa'son in each Ward who.may be liable to be rated, "as hereinafter mentioneu, m consideration of any lands, buildings, and herc-eiituments owned or occupied by him, and situated withm tue boundaries of any such Ward ■ and -hall cause a list of such persons in each Ward to be made, ana published in one or more newspapers circulated in Dui.cdiu, together with a notice of the time when and tne place where the Board will attend to hear any objections that-m.iy be made to such lists;-and at tlic^ 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 rears".rd to any and c-v'-ry objection made against every such list; and the said, lists, when thus settled and revised, shali bo transcribed in a hook to be called' the Rate-payers' Roll, and sliall be lodged with the books and papers ot the B^avil ; and if ar any time alter the completion of sia-.h Rate-payers' Roll any person not beiug liable toh» placed on such Roll at the time ot its completion, shall thereafter become liable to be rated for or on account of any lands, buildings, and ■ hereditament,-s owned or cecinled by him withm 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 tiie Ward in which such premises are situated; and if it shall he made, to appear to the satisfaction of the l-'o::rd that such person was not at the time of the compili'-g or making the Rate-payers' Rod as aforePaid liable to be rated, but has since become so, and lias for the space of ihree months previous to sin h application b;en so liable, the Board shali cause the name of su"h applicant to be placed ou the Ratepayers' Roil tor the Ward or Wards in which he is so qualified to vole.

C. 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 ofthe votes of the rate; .ayers 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,bo 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 ratepaj ers' roll for any ofthe said Wards, as ereinbefore provided, shall be deemed a ratepayer or 'he purpo&eof any such election for any Ward on the roli i'or which his name so appears.

Js. There shall be three Members of the Board for each Ward, whose election shall be made in manner .is follows :— The Clerk to the Board shall prepare a book for ea?ii Waul, and shall direct a Clerk to .attend at some convenient place iv or adjacent.to each Ward, upon the first .Monday in the month of Peeember in every year, and the Rate-payers'in each Ward intend-' ingto v te in syich elec' icn "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 buck 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 tlie 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 -ha* voted before-at the same elect-on ; and on such objection being taken, the Clerk acting at such election shall register such vote, but shall i.i the same time make a memorandum of tiie name of such voter, and report such objection to ihe Clerk of the Board in the Register Book as hereinaftor directed : Prt-vided always that no elector shall have"more than one vote iv the election for a Ward without prejudice to his voting in any other Ward or Ward.--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 s-haii continue until eleven o'clock of the said clay ; after which no nev,- Candidate shall he 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 <'ec laved to be at an end and r:o Votes shall thereafter be received; hut if the names of more persons than the i-umb-cr to be elected shall be so inscribed then the said Book shall remain open until four o'clock of the said day. rater which no votes shall be received (ex cepf tho.'-e 'of such Electors as may be within the Pollii.g Place waiting to tender their Votes), and the Election .shall be declared at an end : Provided always that, it- s-lmll be iv the power of the persons voted I'or by a writing under ■ their hands to terminate the Foiling at any time of the day after eleven o'clock, hey may thiuk proper.

11. Not less than six nor more than twelve days before the fir.-t Monday in the month of December in every year, the Clerk to the Board shall cause intimation to be made by advertisements iv newspapers published in Dunedin, and in such other manner as the Konrd shall deem proper, of the days and places C-f election.

12. At the expiration of the period so fixed within which such Elections .-hall take place, the Cierk3 appointed toaitefid.lhe same shall deliver the said hooks to the Clerk of tlie Board, who shall make up and write in each of the said books a state of the votes in the Ward, and shall atiix to the door of his office, within two days thereafter, the names ofthe nemesis having the majority of votes, who shall be lipid to ho elected as Members ofthe Board ; and the said books.iv which, the names and votes are inserted, "in manner.above described, shall remain open and pa'ent for the inspection of all concerned, atthe office of the 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 tlie"p-r----fbrinar.ee of his duly, 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 vote shall nevertheless vote at any such Election, every such .person .co offending shad, upon conviction as aforesaid, be liable to a penalty not exceeding two pounds for each fL-u'-e 14. It shall be competent te any person who consider? that he ought to bave 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 Cleik to the Board, within four lawful days after the Eleption ; ar;d on sjieh petition being presented, the Board shall remit to a Committee of five of their n mber to inquire info the merits-of such disputed Election^ and report thereon to a subsequent meeting of the Board, and the determination of the Boadon u-on report, shall be final and conclusive; and if, and ttiie clerk's report, or uoon a scrutiny demanded, and the Ktid Committee's report, there shall be found to be in equality of votes at any of the said Elections, the Board shall determine which of the Candidates ball be preferred.

«i,JS'i " ,c office of a Member of tha Board shall become vacant, by death, resignation, nonacceptance, disqualification, or in any other wiy, t he Uerk shall, a r ,he th-st meeting of tl.e Board iffor '.;i. 0hn UT ICe °t sucll Ta«ncy; or after the same snail have he'-ome.known to him, report such vacancy that a day may be fixed for the election of a new member, to supply the said vacancy, and shall intimate such electioirby advertisement, and the election sliall proceed in all .respects as in manner herein ?™ ",« mrf CaSC ,° r I,,nual1 ~nual clectio^; and within two _<lays. after such election, the Clerk shall affix piL» i T-.° VI 8 office IJ,e'name of tbe person elected, and it shall be competent to any pc-son who considers that he ought to have been returned as the Person elected, to complain, and for the Board to proceed in regard to such election n manner hereinbefore directed in the case of complaints in annual elections: Provided always- that such petition - nnd complaint be lod-ed with the Cleik before the first meeting 0 f the Board after such election

rt,l7v Ge*7 ern! M**™® ofthe Board shall be held in the Months of January, April, July, and October, lor puttiug- the powers committed to the Board in execution ; and all such meeting* sha'l be called, and the proceedings thereat sliall be conducted in the manner set forth in the said first recited Ordinance

18. If the Electors of any ofthe said Wards shall refuse or neglect to elect Members ofthe Board, upon any day duly appointed for such election, it shall be lawuil lor the Board to nominate aud appoint qualified persons to'lie such Members, and such members when so nominated and appointed, shall have and eiiioy the same iiowers and privileges, and shall remain the same time in office, as if they had been duly elected by the electors in such Wards. If). Save ami[except as herein otherwise provided, the Board sliall have, and either by themselves oi- by Committees of their number duly authorised, shall execute all the. powers and duties vested in or imposed on the Board hy 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 Bt»ove.ov suspend them at pleasure, and fix and regulate their selarics and wages, and to estimate assess, levy, raise, arid apply, or cause to be estimated, assessed, levied, and applied, the sums of money hereinafter autnorised to he assessed, levied raised, and applied. >*«-">

20. The Boaril shall, nnd they are hereby authorised and required to provide all necessary implements, arm take ali necessary measures for watering, sweeping, and cleansing the streets, at such times and in such manner as their Inspector of Cleansing shall .iireet, 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 pro vision 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 lump irons, and other appurtenances as may be necessary for that purpose ;to li-ht or enter into contracts for lighting and causing to be lighted, such lamps, by means of oil or gas, or such otner light as they may find expedient; and to order the lampposts, limp irons, and lamps, to be tixed either on the sides of the streets or upon the curb-st-mes of thi pavement, or footpaths, or in or at the walls ot buddings, upon indemnifying the owners or occupiers- for any damage done, the amount ot which, ia the event of difference opinion, to be fixed and determined summarily by the Resident Magistrate. * "

22. It shall be lawful f,,r the Board to make and enact, and horn time to time to alter, amend and re peal, .Rules, "Regulations, and Bye-laws relating to tii cleansing, lighting, paving, 'causewaying, inerailin" and repairing of streets; the making-ard repaint?" ot common sewers, drain-*, privies, and urinals; the preventing and suppressing of radiances, annovanevs, and obstructions, and the promoting of health "within Dunedm ; and the proper management of the Fire Engine Establishment: Provided always that such rules, regulations, aud bye-laws shall not be i;-,-.in-sistent with, or repugnant to, «:•-,- ,\<-f, or Oi-dii.:ijiec iv force within the Province of < ?:"•);...

2:). It shall be lawful fur the B-.ard to imp -se and exact such penalties, lines, and foriVltures for the infringement and breach of any such bye-laws as diall Seem to. them fit and reasonable': Provided alv.avs that no such penalty shall exceed.-for any one oll'enc'e, the sum of forty shillings, and in the ease of aeonturning _ nuisance, the sum of five shillings for evri-y day during which such nuisance .-hall not he 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 shali have been confirmed by the SuSiiperiiiteuilent; and if the Superintendent shall disallow the said bye-law, or any part thereof, such bvelaw, or the part thereof disallowed, shall n..t conic 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 .-.ml Cleansing; to cause to he removed from the streets all dung, soil, dirt, asdics and filth ; to see that all Lamps benighted 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 the Cleansing ami 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 tlie- 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 he made relative to tho execution of his duties.

28. If upon the certificate of any Medical Officer _of the Government or any two Medical Practitioners, it appears to the Board that any liouse, or Building, or part thereof, is in such a filthy or unwholesome condition that the health ot any person i.s affected or endangered thereby, or that tiie whitewashing, cleansing, or purifying" of any houseor part thereof would tend to prevent or check infectious or contagious disease, the Board shall give notice iv writing to the owner or occupier of hiich house or part thereof to whitewash, cleanse, or purify the same as the case may require ; and if the person towhom notice is so given fail to comply therewith, within such time as shall be specified in the said notice.die shall be liable to a penalty not exceeding Ten shillings for every day during which he continues to make default; and the Hoard may if they shall think fit cause such house, building, or part thereof to be whitewashed, cleansed, or purified, and the exi.en.ses incurred by them iv 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 Regulations as they may deem proper, in order to provent 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.

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 Cierk of the Board, and sliall at all reasonable times be open to the inspection of the Ratepayers ot 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 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 under any street or place laid out as" or intended for a street, or under any cellar or vault which may be under the pavement ov carriage way of any street, and after reasonable notice in writing in that behalf into, through or under any land whatsoever should such be necessary : Provided always that all such Sewers to be hereafter made sliall be made in accordance with the system pf drainage to be exhibited by the Map or Maps hereinbefore mentioned, tpdess 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 tbe 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 their management and control, and discontinue, close up, or destroy such of them as they may deem to have become unuecesary: Provided always that the discontinuance of any Sewer shall be done with the approbation and assent of the Superintendent and no as not to create

cause the order of their retiren^t to te deTennincd SS ft* V h6taWfi£ OSS ~df a^Sewei^he -Jtoard by Badot, not less than thi. Tv days i?o,?S h «L P ™ r^Vl^T Sewer »9 "fectual for his use a»d,?»y memberreti in? as*aibd»KTS JjJ,moue ofwil'*he . | qualified, be eligible for re-election. '.88. The Board shall cause the Sewer, under ih-Ir management and control to be constructed, covered, hroiH? I™.^"^ to »* « nufaaiice or mil.r.,us to hcalh, and to be properly cleared, cleansed and emptied, and ioi- the purpose of cltansinjr an I emptr--1 E! W San? - hey n,ay oo,,<ifcr''Ct and place either Above or tinder-ground such reservoirs, sluices, en. Bine», or other works as may be necessary, and mnV S^if anyof.til? saill Sewers to'eoimniinieat* with and he emptied into such places as may b* fit therefrom to he collected for sale or any purp-.se what! soever, but so ns not to create a Nuisance. 33. It shall not be lawfulto cause any Sewer or Drain to communicate with or lie emptied into any bewer of the ISoard, nor to cause any buildup to be erected over any such last mentioned Sewer, nor to cause any Vault, Arch, or Cellar, fo be built or constructed under tbe pavement, footway, or carriage way ot any street, without the written con*.iit of the Hoanlhrst had and obtained; And whoever offends against this enactment shall forfeit to the Hoard the sum oi 1 wenty pounds, an d a further penalty of One pound mr every day durin- which the oiieiiee is conumied after notice in writing from the Clerk to the Board in tins behalf; and if any sewer, draid, biiilthiiK. vault, arch, or cellar sliall be made orconsuueted contrary to this enactment, the Board may caiise ihe .same to be alfere.i, pulled down, or otherwise dealt with as they may think tit, and the expenses incurred by them in so doing shall be ivi.uh! to them by the offender or recovered from him

o-i. Any owner or occupier of premises ad mm in« or near to but beyond the limits of the City of Dun" elm, may cause any Sewer or Drain of or from such premises, to communicate with any Sewer of theJJo.mi, upon such terms and conditions as sliall be agreed upon between such owner or occupier, and the i*oard, or -„ case of dispute, tv .shall be settled by the Superintendent, whose award shall be final and con-

,v ?. y; It '^a' 1 "o* bo lawful newly to erect or to rebuild any house or to occupy any.house so newly erected or rebuilt, unless ami until a covered drain or drains be constructed of such size and materials and at such level and with such fall as to tin- Board shall appear to he necessary and sufficient for the proper and effectual drainage of such house and its appurtenances; and the draiu or "drains to to be constructed shall lead to and coinuinnicate with a Sewer ot the Board, or such other means of drainage as the Board sliall direct if the same exist within one hundred feet of the site of such house ; aud if no such fcewcr or means of drainage be within that distance, then the said dram or drains shall communicate with and be emptied into sucli covered cesspool or other pla.-e not being under any house, and being at such distance from any house, as the Board shall tiir.a-t, and whosoever erects or rebuilds any house or occuPiesnny hm<;e contrary to this enact c-nt, shall lw liable for every such offene to a penalty not ex -eedng ten Pounds.

do. If at any tune it appears to the Hoard that any house-, w.icther built lieibre or aft.-r the pasdu - ot this Ordinance, is without any drain or drains sullicient for the proper and effectual dramagc of the same arm its appurtenance., aud ifa sewer ofthe Board or other means of drainage be within one hundred for' of any part of such house, they shall cause notice in writing to be given to the owners or occupiers nf such house requiring him forthwith, or withm such reasonable time as shad be specified tiiendu, to construct and lay down lv connection with su »'-, house, and one of thos- means of draina'-e <.-.«■ or more covered drain or drains, of .such matured and size, at such level, nnd with such tali as shad -rmp.-ar to fie necessary ; and if such notice shall not l,« co'.nplied with, the owner shall be liable to a pen.-ay • ->t exceeding Ten pound*), and the Board may jf t Vshall think fit, cause the work to be dom*. -.'id the expense; thereby incurred by them fahall be recover, able from the c-Viier. 37. It shall.not be lawful nr.vh-'to ere/-' or to rebuild any house without a sufficient water close' or privy and whomever offends Dgainst this nactment shall be liable to a penalty not .'.tee-ding Ten poundsand if af any time it appears to the Board that any house, whether built before or after tin u-issin- <>f this Ordinance, has not it sufficient wui-.-r* <-10-ct or privy either within the house or in the hnek v-ml thereof, the Board .shad give notice in'v,riling to the owner or occupier of ;me!i home, requiriiig him* within such reasonable time as "shali be speeilied therein, to provide a sufficient water closet or privy ; ami if such notice be not complied with, the owner .di;di b« liable to a penalty not exceeding Ten pounds?; and the Board may, il they shall think tit, cane to e.m----strm.-t.-d a sufficient water closet or privy, or Mich other works as the case may require; and the expenses incurred by" them in so doing, shall be recoverable by them from the owner : Provided alwav.s that when a water-closet or privy has been and is iise-d in common by the inmates of "two or more houses or if ■in the opinion of the Board, a water-closet or ».rivv may be so used, they m-ed not require the hame to l>e provided for each house. 3S. The level of the .street- shall bo fixed by theß..ani, and fourteen days atthe least before beginning to dig or hy out the foundation for any new house, or t. re" build any h»us», the person intending so i-> build or rebuild shali give to tiie Board written'notice there-'.-f, together with the level or intended level ofthe cellars or lowest floor, and the situatio.i and construction of the privies and cesspools, to be 0.-istructed or used iv connection with such house. And it shall nut b-j lawful to begin such works until the particulars .-o required, to be stated have been approved by the Board"* and in default of such notice,' oi- if any such li..us.»--privy, or cesspool be built or rebuilt'without such approval, or in any respect contrary" to tie- provM ms ot this Ordinance, the offender shall be liable in a penalty not exceeding fifty pounds; and the Board may, if they think lit, cause such house, privy, or cesspool to be altered, pulled down, or otherwi-.e dealt with as the casj may "require, and the expenses incurred in so doing shall bo recoverable'from the offender: Provided always that if the Board fail to sigiufy their approval or disapproval of the said particulars for the space of fourteen days after receiving such notice, it shall he 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. 30. 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 (ires within th* limits of Dnuedin, aud beyond the same as hereinafter provided. -10. The Hoard shall appoint an Inspector of Fire Engines, who shall have the charge of the sail engines, pij>es, and other appurtenances ; and Khali also appoint such number of firemen ai the Board shall think tit and expedient for working the i-riuie ma proper maimer, and for assisting in extinguishing fires, and fdiali make .such rule-* aud regulations fir the said inspector and firemen as to thc'Board shall seem p'.oper.

-41. The expense of providing, keeping, and maintaining the said engines, pipes, and appurtenances, aud paying the said Inspector and firemen in se 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 tlie Board upon applica- i tion made to them, or to the taid Inspector or other i person in charge of such fire engines, to permit the i firemen and the--engines, pipes, and ' appurtc- I nances, and generally rdl or any part of the fire I establishment, to be sent lieyond the limits of j Dunediu for the purpose of extinguishing fire: ! Provided always, that the owners and occu- ! piers of the property to whicli tbe the f.reme.i j and engines are sent, shall be bound to defray the | whoie expense that may .he thereby incurred, and nI:o ! snob further sum not exceeding ten pounds per con- i turn upon the gross amount of such expense, ns may ! be deem'd reasonable for the tear and wear of .'he en- ! gines and appurtenances, and the ordinary ex.tenses j of supporting the establishment, t'ue amount of "which | expense shali be stscertained by accounts thereof! signed by tue said Inspector of fii i engines, mid ap i proved by the Board or their Committee in i^.-et de- ! pattment, and doqueted by the (. hairman er Clerk ; ! the (aid owners or.occupiers, an.: all other pert .-his I interested, being always entitle 1 to mutual reliefagainst each other according to -aw, for die sums : paid by them or any of them from whom the Board' may recover or receive the sain-;, and the Board j shall have power to modify said charges when they' see cause. ! 43. The Board may with the approval and consent j of the Superintendent, provide the City of Duuedin j with such a supply ot pure and wholesome water, as may be proper and suflicient for the purposes of this Ordinance, and for private', use, and for that object tho Board may with such approval and cement, 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 wafer from any such water-works constructed by them under this Ordinance, to auy public baths or wa^h houses, cr for trading and manufacturing purposes, upon such terms and conditions as may be agreed upon-between the Board and the persons desirou? 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 continued and for that purpose may, if tbey shall-,

think fit, construct an vi number of cisterns, pump 3 [•weils/eonduhs, and-vorksr «-———*— —— ?~L

46. Whos ever shall wilfully destroy or injure any cistern, well, pump, reservoir^ conduit, aqueduct, or other water works l>elongiii<r to, or under the management or cmtrui of, the Board, or shal unlawfully duert or take water from any »ach works, or do or suUer to be done any act < r thin- whereby any water contained in any mch t-Mern. well, reservoir, conduit, aqueduct, or other water-works, shall b* fouled or rendered unwholesome, shall for every such offence orfeit a sum not exceeding Five pounds, and a further sum of Ten shillings for each day whilst the offence is continued.

ii. The Board, with the approval of the Superintendent, may provide, raaintdn, Jay out, plant and improve the Town Belt and other *preiuws t for the purpose of being used as Public Walks and Pleasure Urouads, and support or contribute towards any premises provided for such purpose.

48. It shall be lawful for the Board to license from time to tune such number of carts to ply within the city of Dunediu, ai.d to make such rules and regulations with reference to the licensiugof carters, the places where they shal! stand, the rates they shallireceivc, th e distance they shall be compelled to go, and such other matters as may tend to the public convenience in regard to th.-m as the Board may see fit: and any carter plymg without a licence, or otherwise offending mzainst any Mich rule or rcjuiadon, shall ou conviction pay a penalty net exceeding five pounds: Pro-yi.u-d always iliat no such rule or regulation »lia!l have force or effect, unless ami until the same shall be allowed by the Superintendent, and published in the I'coroteutl Government Gazette.

49. All the sum* of money, including officers' ;sa.antN and all other expenses required for the purs£%° l t,.' f>.'- D"nedin Jlr>:'' ih and Streets Ordinance. l«u;» and this Ordinance, sliall be defrayed out <i tlie Assessment authorised to be made and levied by tlie twelfth clause or section ofthe said first ment ioncil Ordinance; hut at any meeting of the Board convenened for the purpose of making or considering such as.-, rsmc-nt, the Board shall estimate and fix such aims of money so required and necessary to he levied under the several h ads of Lis-Jiting, Cleandii" and Miscellaneous Expenses; and the assessment so ati'horised to be made and levied shall be made and levied rateably tor the^e several purposes, and shall not in the airgi-ejjate ex.-eed, iv any one yea-, the sum specified in the aforesaid section of the*said first mentioned Ordinance.

.A It shall be lawful lor the Board, at auv meeting tor makuigoreonsidering such assessment to exempt for a time, or from time to time, any streets, lands and houses, from all or any of the regulations in re'aid to lgotiag and cleaning respectively, establidied or hereifwto be establish;*! by or in pursuance ofthe •Dunedm Rovls tn I Streets Ordinance, 155.3 " and this Ordinance; and any such streets, lands, and houses, if so exempted from all such regulations, .shall dnnng the continuance of such exemption, b" free tt-jin payment of any part of the a-^-ssmeiit authorised to oe levied ior bpn ':>.tr,u of the expense of ligluin" and cleansing ; but iu'die event of any sucli streets* auds, and houses b: l.eg o.'dy parti div exempted from sucu regul.-Uion.;, tbe-a such streets, lands, and houses ;» partially exem;.->.l, .dull be liable in payment of ..uch part of such ..s-es.-.iiicnt as shall be fixed and determined by the B -aid iv a fair and equitable manner.

01. In order to .'...-fray the expenses attending the makm;;, eu!»rgt..g, altering, coverieg, or enclosing any sewer of -.he Board, or in or about any other works, matter... :.nd things of a permanent nature, ar-d exwttod or thme for the benefit of any district or part of any district, wh.-ther forming one or .s.-verii ward?;, or parts of one or of several ward-*. r.'ie iU.nl .shall, over an i above the a'se^ments fo: tl.e other purposes hereinbefore mentioned, a-..', in the same maimer as for the said last mentioned asses<iue-it, make and levy, in rcsprct of the premie situate in such district for the benefit of which the e-.vji'-m-e-! are incurred or to 1* incurred, a rate or rsres, to lie called Sp-.-ei.d fiistriet Uate.s, of nt'idi amonit us will i>c su-h-'iciit f:> disebrge the amount of Mich expend, and interest th. no i withiu such period, not exceeding six virus, as tlie Hoard shall determine.

01. Jf it shall appear to a majority of not lew than j two-thirds of the rate payers, owners, or occupiers ef ■ hon. .s or lands in any stiver er part of a street, or j other describe 1 and .U-fmed part of Dunedin, at a j pe.-i i<-m.-.-tiiig to he c.i!!.-f ou notice, a* hereinafter j prov.-le-J, tint th" execution of pirti-ular work.-, I matters, or things, which the Itorinl have on gen 1 J ami Mitileient gvoiim-s decduei to execute, would j contribute to the health and convenience ofthe in- ; habitants of sucii p.ut of Dunedin. the Board on iv- | caving security to their satisfaction for payment of I the expense thei-cof, shall procure a plan and" estimate jof the eo.t nf executing such works, and shall lav the j same bctore another public meeting of such" rate J pavers, to be cd ed oa notice as is hereinafter pro j vided ; and if the .same shall be approved and sanctioned by a majority of such rate papers assembled at j such last mentioned meeting, the Board, on receivingj security f.,r the expense thereof, or in case the Board agree to bear any part of the expense, security for I the remainder, slwll cause the work in question to be ; executed ; an I in the evnt of there not beiii<? voiunj tory contributions of adequate aiuount forthennri pose, the Board shall pay the cost, or the rate pavers' ! proportion ofthe cost, a> the c.-tse may \u-, out "of a j spectlal rate to be made and levied in* respect of the i premises situated in the sail part of Dunedin, in j such manner as the Board shall direct. I 53. If any person MiaH thi ; ik hiiu-elf ;.--•;.. vi -«v j the dcci-io;i of the Board, in any ease in which ihe ; Board are . mpowere-.l to cause any work, matter, <<r ! thing to be executed and done, amfinrt-spect of which j sneh tiersoii may be made chargeable f.j nny syee-ial \ rate in terms of thi - Oniinance. "or by any decision o- ! the Board upon the value at which his" property is [assessed fbr a;.y social or other rate authorized" by ; this Ordinance to be levied, it shall be law fn! for him \at any time within one calendar month after publi: notice shall have been eiveu by the Beard of any such decision, to appeal to the Justices of the l'ouc'i:, and any three or more such Justices, not being members ofthe Board, sh;dl have power to hear an-f determine the same, and to award relief iv the premises, as the justice of the case may require, and the decision of such Justices shall l>e final and conclusive as regards the matter of such appeal : Provided that the person .so appealim,' shall give notice in writing to the Board of such his intention of appealing, fourteen dues before th.. holding ofthe Court, at which such ai.pe'al j may be heard and determined.

54. In order to raise the money which may be necessary for the purposes of this' Ordinance before the a-ssesstnents hereby authorized are levied, it sliall be lawful for the Hoard, or a majority of members thereof assembled at a meeting M>ecially called for the purjose, and at which not less than two thin Is of their number slk.ll be present, to authorize their Treasurer to borrow any sum or sums of money, not excelling in the whole the sum of twelve thousand pouuds, for the irenond purposes of thi* Ordinance, with power fo the Board by a quorum ofthe ineml-crs, to j:rant bills or bonds, or obtain cash credits for the same ; and for further security to the pen-on or persons from whom Si.eh money may be borrowed, to assign to fciich '>erso:i or persons the assessments hereby authorise;! to be made and levied, until the sum or sums so to be bo. rowed, with interest thereon, shall he repaid and diMiarged.

00. In order to r.-J.-o the money which may be required for the mak'.vig, enlarging, altering, "covering or cnclosi.'.;* any j'-wer of the Hoard or for any other works, matters, and things of a permanent nature, mid to be execute ; and done for the benefit of any district ajaforesai--!, it sliall be lawful for the Beard or the maj'iriy ofthe members thereof assembled at a meeting expic-^'.v called for the purpose, and at which not less thau tw u -thir.ls of their uiimk-r whall be present, to autheri -o their Treasurer to borrow any sum or sums of m.v.?y r..n exceeding iv the whole, the sum of five thorn-ami pmuds, with piwer to the Board by a quorum v ti.T members thereof, to grant bills or bonds, or obtain cish credits for the same, and for further security to the person or persons from whom such money may t-e borrowed, to assign to such person or persons th.; assessment* hereby authorized to be made and lovie 1, until the sum or hums 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 {icrsonally liable for the repayment of any money borrowed, or interest thereof, by reason of hiving signed any securities as 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 Oniinance 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 bo 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 lie 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 wliich the notice is given (hereinafter called the premises), without further name or description,' and the notice shall be served upon them or one of them, as the case may require, either personally or by delivering i c same to some iwaat* of his or their placa of abodeor ia tit* «aM of

jrfjtheoeeupier, and also in the case of the owner, if f J«ace-«of abode be unknown;- up»n ■ -any-4«pate ol the preii.ises, or. if they be unoccupied and tbe l£ aer4> J-a^ I °tresidence be nnknown, it shall be sufficient to "^ thF EpfTce" apon: some con-1 j-picnons part of the premises: Provided alwavsin the casei of notices to the owner, that although In* place u*n? dn be *no*V°. U,e Btrnid, yet if it be not j withm Dmieuin, it sliall be sufficient to transmit any oS eCted to ldm by name through tht .Post--59. Whenever the consent, approval, or authoii ?k- J_- Upen"tendent is required by the provisions of this ordinance tberesolutiongivingorrefusingthesame shall be passed, with the advice and consent of the Executive Council, and shall be in writing under his band; and whenever the consent, approval, or authority of the Board is so required, the eaine shall be in writing under the hands of three or more mem bers, and the Clerk ofthe Boani. -

GO. ISothing m this Ordinance shall be construed to render lawful any act, matter, or thing whatsoever, winch but for this Ordinance would be deemed to be a nuisance, nor to exempt any person from any liabuity 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 ofthe subject matter in which such words or expressions occur ; (that is to Eay),

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! dram of and used for the drainage of one buiidin'g \ only, or premises witliin the same curtilage, and ! made merely for the puqiose of communicating therefrom with a cess-]>ool or other like receptacle f>r drainage, or with a sewer into whicli the drainage or two or more buildings or premises occupied by different persons is conveyed. The word " sewer" thall mean and include sewers aud drains of every description, except drains to winch 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, Cleuk of Council. Dunediu, ninth May, One thousand eight hundred aad rdxty-two.—l hereby declare that I reserve this BUI for the signification of the Governor's pleasure thereon. ] J. L. C. RICHARDSON, | Superintendent of the Proviuce of Ota^o. I