DUNEDIN IMPROVEMENT ORDI NANCE, 1862.

Otago Daily Times, Issue 217, 30 August 1862, Page 7

DUNEDIN IMPROVEMENT ORDI NANCE, 1862.

An Ordinance for Promoting the Improvement of

the City of buv.edin

Whereas it is expedient to make further and more effectual provision fbrclrainfn;r,cl. a-si"ir li«htin- anl paving- the city of Dunedin;'rmd for tl£ sanitary improvementthereof, a> d in other respects 1o amend the ••Uunedm Town' Board Ordinance, 1855 " and the -Duiuklm Koads and Streets Ordinance, 1855:'' ' Be it rtierefore enacted by the Superintendent of . the Province of O£ W , with the.aclvice and consent ot the Provincial Council thereof, as follows :— . . . 1. This Ordinance shall be termed, and may be i Srdt^ce/SS^ 0 " tbe.;.' Bimedin ; This Ordinance shall come into force on and aiter a .day. to be fixed by the .Superintendent, by proclamamatioa m the Provincial Government Gazelle wmch proclamation "shall not he made unless and until the (rovernor ;-li.i!l intimate thai he has left this Ordinance f> iis operation And the Members of the lown Diinedm, elected under the said- first recited Ordinance, shall superintend the execution ot tins until the election of their successes n oflice unotr this Ordinance. 8. Prom and "after the date upon winch this Ordinance snal.-r.-omo into operation in manner aforesaid *u<-n pairs ot the said two recited Ordinances- as arc repugnant to and inconsistent with this Ordinance *hii.l ba and the same are hereby repealed: Provided always tiiat,-except in m far as hereby repealed the fciid recited Ordinances shali be effectual to all intents and purposes, as if this Ordinance hud not been passed. 4 Immediately after thepassips of this Ordinance I the Loatd -shall.divide the said City into Wards or j JJismcLs, and fix and determine the boundaries I thereof;- and.it shall be lawful tbv the Board to alter ! vary, ad« to, or diminish the boundaries aiid extent' of the said \\a»]g, or any of them, and to vary the number of sai.rwav.ls, in such manner as the" stife °l 1 V 1?-: P°P;l!iition tberetsf, or other circumstance £hp..L appear to them from time to time to require; and the boundaries of the Wardn shal run along the inuldie of .the streets by which they are declared^ to be boundci, except when the contrary i< BpeeulJy-mentioned:. Providerl always that such! \\ ards, and boundanes thereof, aud any alterations-thereon,-shall be intimated by advertisement" to he made in the Provincial Go-.x-rmuent Gazette and in oen'spa2>ers published iu;Lunedin. 5. linmeiliately after the passing of this Ordinance I and tdwrnsionof t'.ie skM city into Ward?., as heivlnbefore directs!, and yearly thereafter as tha Board *o:ill tarect. r tm- Board shall catL-ie to.be collected the ■JSamc-3 avA uPsidemtes of every.pcson in each Ward I who may. be liable to be rated, "as hen-malVr mentionea, -in considerauon of any kim-s, builuinos :ui d ! hereditamonte owiicni or eccupie-1 by him, and situat-l witmn the b.>untiaries of any such* Ward : and vhail eanse a list of such persons-in each Ward to be made." and puMished in one or more nDv/spapei-s circulated in ! Duaeain, toother with a notice of tlie time when and. i the place wh-re the J^oaru will attcna to hear any ! objections that 'nu'ty be >u;,de to such 3i.st.s- ; and at ! the time" and place so named, the JJoard shall attend, enquire into, hear and (!rt«>rmme^auy such objections; and tlie decision of the j Board Khali be liuai and cn-iclusive in regard to any ' and every objection made a-raiust every such list • and ! the.said lists/when Unr-i s-ettiwl and revised, ilia'll ie i trans->ribe.i in a book to be cnlled the Rate-paver i" i Koll, and shall hi> lodged with the books and papers ot j the Board ; and if arany time after the completion of ' sucli Kate-TOVfV.s' Roll any person not being liable to In i placed on' Midi Eoll at the.time of it.s eotnpletion/sliall i ' thereafter beci'jne liable to l.crat.fi for or on account ! of any lanus, btnldhiu.*, am! iiOrecUiaineKti owmil or ! occupied by him within any such Ward, it shall be I competent for such person to apply to the Board to have his name inserted in the '.Ratepayers' Hull for the Ward in which such premise.-* are situated; and if j it shall be made to appear to the satisfaction of the i Board" that such, person was not at the time of the ! compilirg t.r'-.naldntr the K-itc-payers' IJoH'as au>ro- \ . said Ijahle to be rated, but. has since become so, aud | has for the space of ihree itionths previous to swh \ application hen so liable, the Board shall cause the ! aaue of su-b applicant to be placed on the Itate- ! payers' Roll tor the Ward or Wards in which he is so ' qualified to vote. j

6. Tue of the Board to be elected under Ine authority of this-Ordinance shall be ratepayers upon the ratepayers' roil for any of the said Wards, and shall be elected by a majority, of the votes of the ratepayers, on the ratepayers-roil for the Ward for which they arc eleetetl.

7. Every male person, of full acje who shall, under the provisions of this Orduiance,be liable toberatwl or assessed tor or on account of any rate levied or assessed bj the Board, and whose name .shall appear on the ratepa\ ers' roll for any of the said Wards, as ereiubefore provided, shall ba deemed a ratepayer or the purpose of any .such election for any Ward "on the roll for which hia name so appears.

8. There shall be three Members of the Board for each Ward, whose election shall be made in maiiiivr as follows: The Clerk'to "the Board "shall prepaie a book for each Ward, and shall direct a Clerk to attmd at Borne convenic-nt place in or adjacent to each' Ward, upon the first Monday in the month of 1.-ec.'suber in every year, ur.d the Rate-payers in each Ward inUndinp to v. te in such election "shall appear pev.-.0-.!i>i!v at such pl'ico, and the names of the persons yoreu^'or and the names of su.-h voters shall be inscribed in the said book by the Clerk, and subscribed by each voter.

9. AtanyEiu-li.election.it shall ba competent f>r any candidate or Ratepayer.on the.Ratepayers'-llol! for the Waul to object to any ptrson tendering his vote and i-efure he has voted, only on the ground tb.ii. Euch person is not a llatepayer on the Ratepayers' Roll for the Ward, or has voted before at the same election ; and on such objection -being taken, the Clerk acting at such election shall rogisttr such vi;te, but shall at the saiue time make a mcmorai:dtsm of the name of such voter, ay.d report such objection to the Clerk of tho Board in the Register P.ook as hereinafter directed : Previded always that i;o elector shall have" more than one vote in ihe election for a Ward without prejudice to hi.s voting in any other Ward inWarda if qualified as aforesaid.

10. Every such Eleciioa sliall commence at nine o'clock in the momiiig of the day oh which it is to take place, and shall continue until eleven o'clock of the said day ; after which no new Candidate shall be roted for, aud if at. such last-mentioned hour the names of not more persons than the number to be elected shall be inscribed for the oHice in each Ward respectively, the c-Jection in such case shall be «'eelared to be at an end and no Votes shall thereafter be received : but if the names of more persons than the number to be elected shall be. so inscribed then the said Book shall remain open tiutil four o'clock of the said day, after which no votes .shall be received (ex cept those of such Electors as may be within the Polling Place waiting to tender their Votes), and the Election shall be declared at an end : Provided always that it shall be in the puwer of the persons voted for by a.-"writing under their hands to ts'i-minate the Polling at any time of the day after eleven o'clock, hey 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 Clark to the Board shall cause intimation to be made by advertisements in newspapers published in Dutiedln, and in such other manner a-i the Board shall dtom proper, of the days and places of election.

12. At the expiration of the period so fixed within which such Elections shall take place, the Clerks appointed'to attend the same shall deliver the said books to the Clerk of the Board, who shall make up and write in each of the said books a s;ata of the votes in the Ward,-and shall affix to the door of his office, within twodays thereafter, the names of the parsons having tfie majority of votes, who shall he held to be elected as Members of the Board ; find the said books in which the names and votes are inserted, in manner above described, shall remain open and patent for the insp-ction of all concerned, at the office of the Clerk of the Board, for four diiys after every guch Election.

13. If any person shall, at any time, obstruct. hinder/or molest either any Elector in giving his vote, or the Cierk 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 pounds for each ffen<:e

.14. It shall ba competent.t" any person who considers that hs ought to have been returned as a Member of the Board, to complain against the Clerk's return, provided the complaint be made by petition" to the Board, signed by the complainer, or by some person on his behalf, and lodged with the Clerk to the Board, within four lawful days after the* - Election; and on such petition being presented, the Board shall remit to a Committee of five ot their n mber to Inquire into the merits of such disputed Election, and report thereon to a subsequent meeting of he Board, and the determination of the lioa'd on uoon report shall be final and conclusive; and if, and ttiie clerk's report, or uoon a scrutiny demanded, and-fche said Committee's report, there shall be found to be mi equality* of votes at any ofthe said Elections, the Board-shall determine which of the Candidates shall le preferred.

_~£?," "ue ot,'' llH &«« Members elected for each Wanl Ciutt 0rd f er of!u C?ir ""^ent. to be determined t>y iia.lot, notlessthanthnty days previous thereto: S?fi ]f I Tr r nti. in« a* "foreifflW sljalI > duly qualified, be eligible for re-election

16. When the office of a Member of tlio Board snail become -acant, by death, resignation, nonacceptance, unuualifkation, or in any other way. the Uerk shall, at iho first meeting of" the lioard after the^ occurrence of cuch vacancy, or after the same >.i.J|i nave be-oine known to him, report such vacancy, tuat 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 wall 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 ho competent to any person who considers that he ou-ht to have been returned as tlie ueison elected, to complain, and for the Board to proceed in rejrard to such election n manner herelntietr.re directed in the case of complain».s in annual elections: Provided always that such petition, and complaint be lod-ed with the Cleik b-ibre the first meeting- of the Board after such election

m 17- r Goneral Meeting* of the Board shall be held in the Months of January, April, July, and October, for putting the powers committed to die "Board in execution; and all such meetings sha'l be called, and the proceeding thereat shall be conducted in the manner set iortu in the said first recited Ordinance.

18. If the Electors of any of the mhl Wank shall retire or nejilect to elect Members of the Board, upon any dayauly appointed for such election,"it- shall be lawful tor the Hoard to noniiante and appoint qualined persons to be such Members, and such numbers, w.ien so nominated and appointed, shall have and eiijoy t»e same powers ami privileges, and shall -remain tiio same time in oiHw, a-* if they had been duly elected by the electors in such Wank' 19. Save and except as herein otherwise provided the iioard shall have, and either by themselves or by Committees of their number duly nuthorisi-d, shall extcute all the powers and dutic"- vested in or imposed on the Hoard by thin Ordinance, and the s:.i;l recited Ordinances, in so far. as not hereby repealed and shall appoint all persons"-nn<l ollieers whom it may he necessary to employ in the execution of this Ordinance, and the said other Ordinances, and to remove or suspend them at pleasure, and ibc and regulate their salaries ami wujjes, and to estimate, ssntss k-vy, rnisi!, ami apply,' or cause to bo tsliinattd, assessed,, levied, ami applied, the sums ot money hereinafter autnorLscd to he assessed, levied raised, and applied.

_ 20. Tlie Uoard shal!, and they are hereby aufliorKf( and renuircil to provide ali nec^-savy implement-.-, ana take ail necessary measures for watering, .swect>i:igt, and cleansing the streets, at such times and m such mannur as t'idr Inspector of Cl. aiLsinjr shall fiirect, and to enter into contracts for suHi purposes, and for the sale or dispysji of the swr-epini;-.-, of the streets. .

.21. -Its,iallbe lawful for the Board to make proviaioirior liyhti!i}jthe9tre.--t<, in such nmnn.r anA to Mic.i extent a.s to tfie Hoard" shall appear suitable : to provide, erect, and maintain such a nunibt-rof lat-ips lamp-posts, and lamp irons, and other appurter.-iuce* as may be necessary for that purpoHU ; to li^lit or enter into contracts for. lijrbtimj and c;uwu'/to be Ji--rlitecl, ,«udi lamjis, by lutau.s of oil m- jras, or sueli other light us they may fiu<! expcliont; and' tn order tin; lamp -POT*, 1-tinp iroiH, and lumps, t<. \>n ti>-,,l eit.ier on the Hties «d' U,o strcet;j or u]» ; -.:"i the ciu-1.----stnnesdf th; paveujcnt, or fo^tpalhs, or i.i or at the walla of building, upon in.biniiifvihg the owners or ocouj-,i«r:"i foe any dannj,-J mie, "th's amount Oi winch, in tlie event of - (iiik'rence opinion, to be fixed ar:d determined summarily by tlie litoi;iont Ma^istvalc. "

22. It shall be lawful for the Hoard to link;' and enaei, atul h-om tinii; to ti.ee to akor, aiuftii-l, ;uA re pe;il, Knles, He^nlations.arid iiye-i;;\re relating U. th cleansing, li^lilii^, pavinyr, cnwewayiii!,', metallin* and repauiiig of sUvt-tj;; tho mukini; ap<! r»p.urir^' 01 cotcnuiti sewer.-, ttniins l-riview. and urinals ; the preventiag anil su))pre«in^ of iiuivaneoH, ;uinova!!cc? ■fiiul obstructions, and thepromctin- of health "within IJuueum ; :mn the proper iiiana^rn-nt of the Kiro hngine hstablishmcat: Provided ahv;iys that su-lj rules, n'^ulatio;-..-, and bye-law.i shall sV-t h ■ ii..- ns-sis--tentWith, or repugnant to, any Act ur Omiti;;^-,-in ioree v.ithiu the Province of Otaco.

23. It shall be lawful for the Board to imr.-^o ami exact such penalties, fines, ami forfeitures fin- the ininn^ement ami breach of any such bye-laws as shall seem to tlioiu lit and reasonable : Provided always tliat no s;neh penalty *hnll exceed. f.>r any one onchc" tiiosiuuof forty shillings, .iikl in the case of a contunuit'3 ni.k'iiu'ti, the sum of five shilling-; for every day during which tucb nuisance shall nut be abated."

24. J\o bye-lavmade under th;> powers herein contained Hindi lie of -force until a copy thereof eeitnied by the Clerk to the Hoard, .-hull Jmve been inserted one* in. ' newspapers published in JJunoUn, and .shall have been confirmed by th» S:iSupeiintendent; and if the Superintendent shall disa!d;r.r the saki l.iye-3;uv, or any part thereof, such byeJaw, or the part thereof disriHowod. Khai;t not come. into operation, and any fiioh bye-laws'*o con tinned sh'ill be [»if!>lisii-3<l in tlie Provincial <ji>veniment Ga-z-'tte, and ahull iiuve full fore i and. eilect.

'J5. It shall bo the duty of the Inspector of Lulling and Cleansing to ntten;! to the dne fuHilinent <>i .^.ll'contracts made by the Board a-; to l.ijitii)^ and Cleansim;; to c-iiise to be removed fr-.m the streets nil dun;:, soil, dirt, ashes and lilih ; to wee that all Lamps lw JL'i.tiKi and kepi liirhtsd fur the due time, and kept iii all respects in pn/pi-r order;' t</ receive <md forthwitir cumiiiunicafe to the Board and o!fur ■Authorities any complaints or remonstrances relating to Nuisances rind thy Cleansing and Lighting of the streets, with thu result of his own enquiries on the subject; to enforce all th« Regulations and Provisions for the prevention'i>f Nuisances -and the promotion of the health a:;d comfort of the Inhabitant>; and generally to obey all the Orders, In-triictloim, and Regulations which may from tiny; to time be raa.de relative to the. execution of hi.s duties.

"20. If upon flio certificate of any Medic;;! Officer of ■ the Government or any two Me Heal .Practitioners, it appears to the Board that any House, of Building, or part thereof, is in such a nlthy or unwholesome condition tliat the health or any person isa fleeted 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 sliall give notice in writing to the owner or occupier of-such hoiii-e 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 shrill be .specified in the said notice, he shall ha 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, ami the expenses incurred by them-in so doing shall b*e repaid by the owner or occupier iv 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 vi iiiiin the City of Dunedin, after the passing of this Ordinance, without the -consent of the Board, who may either refine such consent or grant the same upon such conditions for the observance of biieli lieguiatiuns as they may deem proper, in on.2er to prevent or diminish the noxious effects of any such business ; and whosoever oft'ohds against this enactment shall be liable far" each offence to a penalty of Five Pounds, and a further penally of Tun Shillings for" each clay during which this olieiiets h continued.

23. The Superintendent shall cause to be prep.uvd by the /Provincial Civil Engineer, upon a hcale v> he proscribed by the Superintendent, a Map or Maps exhibiting a iivrftem of Sewerage for effectually draining the City of Dmiedin ; ami a copy of such Map shall be furnished, to the Board and kept at the otlice of the Cleric of the-Board, and shall at rill reasonable times ba open to the inspection of the .Ratepayers 01 Dunediu.

29. All Severe, 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 aDy street or place laid out as or intended for a street, or under any cellar or vault winch 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 what-o-ever should such be necessary: Provided always that all such Sewers to be hereafter made shall by made in accordance with the system of drainage to be exhibited by the' Map or M:ips hereinbefore mentioned, ituless any deviation therefrom shall be sanctioned by the Superintendent, and until such Map or Maps are prepared, shall be made witU the approbation and cou-SL-at of the Superintendent.

31. Thei Board may from time to time repair, enlarge, lessen, alter, arch over, or otherwise -iniprpve* all or any ot the Bewers under their management and control, and discontinue, close up, or destroy such of them as they may deem to have become unnecesary: Provided always that the discontinuance of any Sewer shall be done with the approbation and snsent of the Superintendent and so as not to create

SK tW f r yx reaso? "^reof any person is ?$i w-■ -i c awfu, l ÜBe of anY Sewer, the Board

82. TheJJoanl shall cause the ft-wers under theiv management rnul control to be construct Covered ami kept a> an not to be a nuisance or injurious to tmi'twd, arid for the purpose of cleansing an<i emptvmjrtlie .same,-they may construct and place eithVr above oruiKler-groun.l such resm-oirs, sluice, c!",Binesj or otuer works as may be necessary, and inav SX,?,n Pnny °y\ l? cbinmunic.it"e with and he emptied into such places as may bo lit and necessary,, -and may cause Sewage and refuse U^reAvm, t0 he collected for sale or any'purpose what" soever, but so as not to create a Nuisance.

_ It shall not be lawful to cause any Sewer or Drain to oiianriinicsito with or bo emptied into any £*wer of the Board, nor to <we any building to 1.; .erected over any such last mentioned Sewer nor to cause any \.mlt. Arch, or Cellar, lo be built or constructed under the pavement, footway or car-iv way or any street, without tlie written con.veui of thY iioimifarst haaand obtain©]; And whoever-oifcnds asninst this enactment shall forfeit to the Uoanl UiJ. sum ot I wenty pounds, and a further penalty of One p-und for every day during which theoiitnceis continued, atter notice in writing from the Clerk to he v oard in this hehuff; and if any sewer, drain, buiMmg. vault, arcli,-or. cellar shall be made orcoitsvrucicd contn-ry to.thw enactment, the Board may cait-e the sama to be altere.l,- pulled down, o" otherwise d»-alr with as they may think iit, and t!.» exiJeii^H incurred by tljem in so doin-j shall be repaid to tiiein by the oilencler or recovered from hi'n

n.n '} { owner or occapter of p.-emi^s ;«!■,inlnor near to but ueyoml the limits of "the City of JDun' earn, tnay cause any Sewer or Drain of or from su.-h premises, to communicate with any Sewer of th.JJoanl, uponsaich knus sui'l c.m:lilioiw aa" shall 1..----agreed upon hut.veo:! sucii ownev <>i-o.:cupier, arid the IJojml. or.-n ca*e of <!L-;pnto, ;u shall be settled by th« hupenntendent, whose. awunl shall be final an.li-ju-clu.sive.

3:> .It shall not b,- 1.-pvf,,! ~«...iy t - crct or to -r muni is hon .oi to oo np V v t \ 'ku.. . 0 n \ , ','' tl1." 1"1' !t, UU'll". 111(1 II lt.l UDMUlllhn „ oi it b c.n> i u'Jut ok iM/ , t a , , IIN ~, it ( t 1(\<1 ii! with sut hUI! a* to tn Uoiil hill iJ>P it to b n(i m i,, i ~,,11, i~t ,„ ,i, p opei md ili, i,l i» , 1J; „ Sllfl , h(nl ( , lll( H il'piilt in «s, mi' th <ii un i, in i mi to ii co - ■Mil t< il sh ul 1 I ,o .i i' (o'lim inn i- v t'i i - v i 0 r't Hen 1, or sn h oth i ni. ii td >i\. , t, , H.h.Ui '1.... ~( t! ( , „ , M,, o " ~ x _ '"' tf >!^'" *• otMd. I,s .1.1 11 ||, s "i Wi loi ii i-isoi Ir v _ b it in jh , t (is t'i.'» Mi. -,li' iin(U , s i|| (, |, { md b c .ini'ii I iiif'i sih(o(i | y , , t v (| t pli^ not h iii^ v iii tny ho.- ,v I n tm i (1' '< < '<( in »\ V its "( Ji, if (i 1 i ,| , , a-ii wh(),o \ rut X«» i, IhumK ,i \ I,i, ~ (l I Jis i!.\ h i • co-in i, t,, tin- mi ~,», s , • „ 1i |j -i. i\.i% v , jHuk t> a 2 ,\ v U s ,^ |. ii : J i> i'oauu-,

«3>. 11 :it any titjp it ;-.].}>. ;»•.-. t > tho 15 c.r.l f!i,-,f ;;i IV I l.<'»-.-. w.K-th..T i.uih li.-l.'r,. or ;i<hv tti • 1.,-i-i,;- ,Jt j tlii^d.Mi.Miicc, i-, wiriH.iit jii-vihuiu or drains"-?!'!;- ' ci.Jiit it).- the jn-opr-r ;iul i-if-ct u.i! .urns: vv ~[•,!„ , . iiii«l its iipp-.irlciiiin-. , ; lM ,i it :i .., Wl . r „;■,;,,. ~ (o\ ; uMi'-i-ii'oni-,(>r,lr.i;-,>.- ; l )v? ~v!||,;: , „,„, i,.,,!,!,...,! ,;,,, , ot : }V ,u.'t,,f,„-.', 1 ,-. th.v^-iM C! .,.;- n ,, iCt .,.;! '.vnti.^t.i!.- nil.-, ... ti «n-iy «r «,■,,•; ljt ' -u-.-.i ii->.i-«.. ikj,,!;.;,,., ),;,„ c. timitli 0.-'v,:'.-, -llf.-l loi-.»1.:ii,:,' li-n,; j w sii.i'l 1, . ~„. :<;,,j" ~,,". ; f r.> O.i:, i-u-L -111.1 j.iv (1..,-. 11 i-i c-JMii'',-, -i •■-.:' - ".1' J. I-, .-.ml .i;i- «:' tl,, ~• :,i 1,;. ~,' .i,..;,,!-. ,! ..'„" 1..1-U- «■..■.■!■; i^liu.i ...; ~r.i..,, 0f.,;.,, u. : ,:.\-l til'; 1. .< -r, ; n;i 1 n - ,-i r. ti".^:...|l .. - »,..:. ~ 11:... 1 >..iu«, 1 '«.■<.., i.t-r..hill i.j Lti.lo 1, LP 1 .;, -, ,■ .■V "».'-' ri:"»li!!ilv i:ili tK* l{ ■•■••■> '"^ ii-" ii»-v -1i.i.l t!u::k lit. <- 4 -i ~ *!i'- v.0.-;: {~ 1,.. .1,-.. ~1,1 t : ~ -xj -■:,.,..; Ciy .j, y in -tirro 1 ;.y timm tlij.ll lircjov.-'r-a.ile 110111 tlif i.\,'i...r

. 37.- Itsliali siot be lawful ne^ly to erect or to rebuild any hou.-e witlmut a suiticient water c!o*K or pm-y. ai;«l wiio.'ioever 0fi,..,^ hfyiinat this c-nactmt-it snail be liable to a penalty uotcxce;Uinyr 'iVn p und< • audit at anytime it" appt-ars to the Hoard tliat auv hous.-, wjielher built b-fore or afu-r Ud pis^i'." Cf tni-.i Ordinance, has not a Hufiident wnVir clo>et or privy either within the-housd or in the back yard thereof, the Mn-.n-d sha'l srivo notice in writing to th,. owner or occupier of such house. lv.pjinß^- him within Much reasonnble tuue a-; .-hail be M.eciiied thereia, t<> provide ahiiliident water closet or'privv ; and if miHi notice be not complied with, :ho <r.viicr sh.dl belinble f<» a penalty nor cxc.-v.!ni- 'l\-n potiad-i; and the JJoam may, if th.y shall think Ik, eau.se to couKtruewd a sutH..•;.,-nr. water dv.set or privy, or .sn-h other works as the cvi.se" may require"; and the expenses iiicum-.l by them in so (bin-, shall be recoverable by them lrom the owner : Provided alw.-.v^, that whena water-ei.s.;t.>r privy h;is bc-n and is u~-,\ i r , common by th-j junsates .-.f .two or more "'houses or if mtheopuiioni.-f th-i?oar..l, a w, t ;..;r-r!,).5.,t or'j.rivv may be >•> u.-c-l, tle.-y need not re<juiru thj K'une to be provi'Ud In-e.'i'h hou^y.

ifc-. The level of the s*r.' t t« s-lull he lived !»v t!-e1!..->-d :■.!»] f.-mt. «-i .i-ivs iit th :I, ~-t h,.f., r .: 1,,-iu'niiiij lo Vll ' or I.y out tv,; f liin-l'iii ,11 fr any 1,,-v.- ), ,I^.. „,- » , .... build run h.,!-,-, th. : !„.:•-. ~, int-udirr/•;,, t-'build'.-r r«b. nd -ImII vr.-- to ih... j:,, n [ .win,,, n-*!i-- • ihere-.f l> . -.l-er ■•■:;!, tj : - 1.-v...; or '.nt-.ndi'd ;.-,,.| ~f t! JC c -!Lii'. ",'' '"'A;i ] " "I". a:id l;i- sil'i;i.i,|] ;•!. 1 cnji.-tnu-tlj!! i.f tne i-■ i ■•-= l- , and c-. j.o .1.-i, io !,.„. .■o !l Mr!icir-l ..;• u^d is, c. !»!:»■ f. )i: -x-.f.t ~!.-h !:■.;;.-... Alii h ;.', ,11 hlll {~■ ] :l 'vnilt'ie.jn .-ii-L v.m-'is u-til thi' pa.'.l-ul-u-" ---. r-'|M;p-1 f.i i»: >t:it-d hay,; |~-,.! ; ;:;,;.:•■,., i; [ \ IV IUI . j { ~„.,' ati.t in-I-(uii( el >.!.-li n.,:;-,., ..r if any b uHi h..f.-.----l"»-y. or »•.....[ ! 1,.: J. :: i: t ( ,r rebuilt "wi:! l( ,. ; t . 511 ..«, a].pi.,v.d, .<r in any re-pi- ■) c mtrat-.- t.» the pr.,vi^ jU * ol tins Onlinaiii-..-, t'i_-..'j'.-ji-l-.-r shall b- liable in -, j)-i.alty not exi-j.-.lin-: :ifty i-.-.und-,; and the ]V»a'\! may, it they tiiiiik tie, civ.-i- such boils?, prUv, <-r ces-po)! f> be alt-j-ed, pulled down, or ft.hcT.\i.v"de lit wnha-thei-a-.j may r-pii-v, ;i ,, ( l ti, u IX) ,, MIS s j,,. ••unvd n, -<» doni- shall be r-eo\eral>!e fn-in tie- ■ •It. i. ier: l'rovidc-d alw.iy, that if the H Kird fiil t> •M-ruiiy their approval oi-disapproval .>f the .«aid partienian; for the sp.-nv of fouirtvn days ait -r ree-i\-n' siicn noti.-e, it .shall be. lawful t,, proceed a.-eordiii- (o such n.,!ice, if the same be othorwi>e in aeeordni.c" \r:th ill.- proviso ii-! of Him Or-iinavce, or any other Act or Ordinance in force at the time.

39. It .shall be lav. fid for the Board, and they are hereby authorised and requirai. to provide and have at all times a sufficient e-.tahii-hineut of fire (wines' pipes, «nnd appurtenance?, to be used for extui-uMi' ing lirea within tha limits of Dune tin, and beyond the same as hereinafter provided.

•JO. The Hoard sliall appoint an inspector of Hre ]''ii^ines. who shall have the charge of the .said engines, pipes, and other appurtenances ; aiid ~hali also appoint suuh mimber of tirc-iiieii as the Board shall think tit and expedient Pn- workin-j the isune in a proper manner, and f;>r as^isfing in extinguis!;i;i' r iires, and shall mnlie sucii rules nnd requlaUoiis for the said in peetor and firemen, as to the Board sii:t!l eeem proper.

41. The expense of providing, keeping, nad maintaining the siid engines, pipes, and appurtcnriJices, and paying tlte said lnspectorand firemen in so far a.--not otherwise cn.utrihuted, shall be defrayed from the rates (or Hitscellaneoii-; expenses licreinafter authuriool to be rna-le and levied.

42. It shall he lawful for tl-e Board upon applii-a-tioii made to them, or to the s-aid Inspector or oilier person in charge of such lire online.-,-, to permit the iiremeu ;md the engines, .pipes, and nppmuv niwci'A, and generally all or any part of the fire establishment, to be sent beyond -1 ho limits of ■Dunedin" for th» purpose of extinguishing fire: Provided '" always,■■■ that the owners and occupiiTS oi"-"the property to which the th« firemen and engines arc Kent, shall be bmnd to defray the whole expense ihat may be thereby incurred, and :s! o Kuch farther sum not exceeding ten pounds per centum upon the gros* amount of such expense, as inav be deemed reasonable for the tear and wear of the nffjiuL's and appurtenances, and the ordinary expenses of Kiipporting the establishment, tlie amount of which expense'shall be ascertained by accounts thereof signed by the said Juspcctor of-fire engines, and approved by the Board or their Committee in that 'department, and dorjueted 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 came, and the Board shall have power to modify said charges when they see cause..

43. The Board may with the approval and consent of the Superintendent, provide the City of Dunedin with such a supply ot pure and wholesome water, as may; be proper and sufficient lor the purposes of this Ordinance, and for private use, and for that object the Board m-'ty with such approval and consent, enter into contracts for tlie construction, laying down, and maintain** 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 wabh houses, cr for tniding and manufacturing purposes, upon such terms and conditions'as may be agreed upon between the Board and the persons desirous of being so supplied. . :

45. The Board may cause all existing public<p~amps, 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

u-!!?r flt ' f °.nslruct a«y number of cisiewns, pumps wells, conduits, and works. - P ' 40. Who*-evw shall wilfully destroy or injure any otw"* J * P"i Dp'. rf sen-°ir ' conduit, aqnednct, or S-rLt W°rk, S l'*!"««gi'««Tto,yr under the inan3fv^nrTf ntTOl °f^ the Boari1 ' or sbal unlawfully siiS? iS 6 Cr flt>m:lTl-v "«•-»' woi-ks,or do or r, •; >c- °ne any aefc ' r thin S thereby any water on miiocl m any such cMcrn. well, reservoir, conimt .iquclnct, or other water-works, shall be fouled ?«rfI??"* 1 UI"r Lol<&- oin-»shaI1 for every such offence ioifeuaMimiiot exceeding Viva pounds, and a furmise« provided lor sudi pnvpu-e.

48. It shall he lawful for the Board to licence f-om time to tun'> aiißh iminherof c:>rts to r.Jy vitH-i't'iP city o. i>iuWin, a-,1 to uiakcfufh rtifcs and i:pni^wh^e tl*y suatls an.l, ih fi rat<>s th-'-y shnliirW-ivi-. the (iiMai.c.; tn<-y shall be compels to ? o, and sm-h other matters as nmy t<v,<! to the public convenience in «■- ---ffaid to tn. m a, the iioard may soe fit: and any carfpr ijlyingwuhoiit a !!«:„«, or Otherwise oflendinapjunst any nici rale or n-u'aiou, s'.iall on ccnvictio:i pil y ;l penalty not exccitlin* ilve poun.-Is: I'ro..iJ..«i ;i.way r , that no Mich rule or regulation sj« a )l hay« ; U*w or < U; -<-t, units* and until tlie *une shall iw ...i.,v.-4-a by t!,« hii^-rintcn.lfcut, and published in the l-voviacial Government Gazette.

*.). All the; ?.unn of money, including" officers' ■sul«n«v.«inuui!oinerexriniis.w required for the pur;t "!'", . l)un;;«! "> iload* and Streets Onlinan «\ i&*> a.idihw Ordinance, sha!t be defrayed out «i r.u'Ass-.-Tnournuthori^a to ho made and levied by tl!i:.wc!Jt.:i c..-.m<i. orsccti-mofthesftid first mentioned Onlui.-uu-f: but at any irs«-Uttf: ol" the Board convor.crsfd Tor the pnrp.r-w or" making or considenri" «!!••! as;rs,:i^uf, the, Bor.r.J shi.'i climate an'i tfx sue.- rtiuiw -.f money *o rfq;i-:v,i nii-l nccessirv to we Itviwl uiM.-r t,i<- s, v .ra! Ji .«rl s of Ijjr|,th V , Cioaiuirr' :«»■» M|<. ; :n! a'i;!iijsj-.:.-,H.i»sw; a H ,i tiii- assfMHicut io Hi;i:^i.iMi to \w ma-!:; a*] 1 vl-^l !,;■ ma.!.- nui] itv^.l raCf:n>.y f>r thc^o s-vrnil purpose, a-ni shaM "!ltm t;:£ »-7-;v«'Kiit.» exceed, in any one voar, Hie mi-.u sp.-cihea m tUonfo/c-sai:] section of the*a?d fust mention*■.: <<raii:a«jc-'.

1 ' ' ' "- ' 1 11, i li,i-< ji iv i t i i)M( <• mL> \#l «l 'i , \ »ti. t- ( lii, n,n 111 ! * l ' i. >i k • in ~i, i, t t , " , r '.' (l ' ,' r $Vl "\ , < til, ~ ,<r ■ '''l) •' 'I' li»ili |v I t ,jf t! .> 'i 't1 -i« "*• u>. Orl i J^ -,' j Ul ' ' »l' '' 'n. -, 1^ ~ ~1 1 i > t.r ~Ui»i '« ji Vl* 11. <■ ' -» ' ' i .' * ii ». ,i. i. i c i l' 'i " v <■ >. /ut m, i ~,. , t r (i i,,,, , i ' "' i . ' > • <ri r ]^ r i tm L \ ~f , ~,„ ~,.t , 111 ,'' ' ' i-n ,i-j I! v > K ,u 1 f tull " ' ' , ' ' f ' <-',»! -i I h uv. , ' I .n v,v v , ,|, M ] .. „„ llt „, ■ ,' '" "f «« • I' . .11l I f] V ILI ] "-' "ll '; t" iJ- in Ji .1 uil (,n u"t i...i.i.i-.i. ! .jl_. I.: '•:•.•:- f.j .:.,*.•;_•. t!i f x.j.-i, >.■.-, attending the ;Hi c .■!./, «:,, i.-,:i!i_r, ;.!: .•,(:■.', <■ .v-_vi. „', or f:ic!:»sinI-'.'-'. ■■■»■■' '•' l :'-' -ii'^'i. •; ii or _;..,. -mi, a:iy other 1 'T >"-•■:■-.. :u. t ii,.j y, el" ;l permanent !,. a : -'' '; .' ' x •"'''l "■- '.""o for the t,ei,f!it ;. :;-•. :.-. ;■ lorp -i «.; any .i>uiict, vhetht-r ionn- "■''- '' '-' ' ■,"'■' '■''- 'VM-.1.-, Of pal.-, ~f 0Jl: . ur o f ' '•' '■••!.: ■■-■ ];■,!'■ 1 s-l.all. ovit jmi sibove tho 1 '";.■' " • '"' l'--" '■•••■■»• I'iii-:. ;^ Lertin!.<ri\)re V'" '.•'. :; :•' '•' t'l'' i-'»:i.': j.'i.iiujfcr ad f>r ";-' :iJ • l.' il l Ji'-'-ni ».i i.-.s-wncit, make ami 1 •l-' v- v« .. i! 1 ''•' '' "f "I* »!k; pr-uii'-.-s situate iit , -tic.!'.ii.!n«-i j.jj ii,,' i,-m.-fit or uni-.-Ji the -;x»>cn**-? . are !iic::ri.-i or f-< i- c iiu-uncd, a r,.te or ratw, to Ixj i'i.:«i>|...cii! Di>tii.-t JL'itcs, ( »fsi!ch:i!iiount iis will j ..c Miilici-,,t to Ji-irhjiruf ti ie amount of .-uch expends, , ;ii'. iwj-n-.i ili-m»-i w.thia such jwrio-J. not excec-d- ---; Jii.r -.x \t-ars, as tliu Hoai.l $li;tll .lttcrminc. 1 a-2. If it s!ia!J ;ipp,-ar to a tnrijoiity of not Je*s than .! .'.vii•tiiir.Uot the rate prij-ers, owners, or occupifrs of j nun-.-i f ,r lanrU in any .street or part of a street, or ; otu.T <Je«Ti:*e ; l and defined part of Ihmedm, at a | pul»;ic lui-t-tui- to l )e called on notice, as hereinafter j provided, that the <x !; .;utbn of particular works I nuitStrs or Ihin-s which the Uoai-,1 have on pood ■an--! suidcient ltoujj/Jh de<-!inel to execute, would j routritmtft to the h.-alih and e<»»ve!.iene«j of'the inS»iaintani.s.,tM;(fhpirtofDi!n«lin. the 130ar,l on rej fi-ivin-; security to their satisfaction for payment of ; -hi yxp-i^tt tj:i-rt'of, i-hrtU piwmr a pljin and estimate . o! til.- cu-|t oi executing such w.-irk*. ami .^lnll lay the isanic bo.'o".j ano:ii.-r jurli.; meeting of such"rate i pave:?, V, be e;,i c I on ruuiee a* is hereinafter pro vjdcl; and if tn.-s-;m.--;ian 1^ approved and sane- ; lioru-l by a iuiij.»rity of .siicli rate 'papers assembled at :>U'-n \x-t mentioned moittin-, tiie U-.»ar!, <,ii receiving j sivtirUy f. r the esj-e:-^ th^r-?:>f, or in c;;^e t!if» Boa^i j atrre- i, h-p.r nU y part ..f ti..j *-x:ieiise, security for , ttie iViiiaiiiM-r. shall causi* the u-urk in (jiicstitn "to Ikj (.XivnU'd ; ;.»,( in th- f .v--nf of ti-.-rr: not hi-in^ volun- | t,;ry c>:;Trihntw:w of adequate au.ount for t!i« uuj- ! pose, tiiu lUrivd shall pay i/ie cost, or th ft ra te pavers' > pr.>p<,rt;on o;'t!i-- cost, as tha c.isc miy {.;•, ojt'of'a ' siK-nal nit- to )„■ t ,, :il \,. au ,j }ovh<\ \ n ' iv-p.-ct of t'if i pr.j!n:vs .s;t:i.-.t"d i-i the sail i> ir! of I},--*.';., • ; nmni.cr as t!i c JV.nr.l >]!,;:! dir--:

.->;>. Ii ;imv p-.-'in .-'i-i!l think Jum-•_-.'»■ rt 'grieved by !!..'<icvM.. ; i ~f |}>~- U.,ai.l, in aiu -.•...■..; in which tini«».r.l :•.-;•. .1,1 re-1 in cmi-,- .-my rt-mk. matter, or tin.: i) I-.- ■ :•..■,• r.t.i.ui-i d.ji:<;, a:i i init^pi.-ct of which ':'.;•.:_,.!.•.■. '1 :,..■ M )., i!c •■ii.irm-.iVe to :iuy spe::ia! .■■a.- in :.-r:...-, .„ !■,;., u:i! ; i;i!iu'. i.r by any deeisi >n ol Hi- JJ'i ll .-d iij.d-1 ;:„. value at which* his" property is .•iM-vi-li;.r:t.iv :;..c: d or other rat-i authorized" by ihi.i Or.'.iir.;:-:...; t<i be. !. vied, it shall b<> I.iaAil for ln-Ii .1: aiiy iiiii > within one calendar in^iilh after public notice «hni: h-ivc b;.-en {riven by the Board of any su-h decision, it aiip:al M the J unices of the P.^ice, and :.i.v ( th:<..« •:■*»•■'!••;, mi'-Jj Jnsfie.-.s, not bein- members ..; tiic H,^Ti.i, s-haii Icive p iwcr to hear an 1 def.-nnin.' t'm sam.;. and to award relief in the premie, ;h the j.irt,- ..:_ Hi--- «i«.- may ivq-iirc, a:»l the dc.-isioa of s'ich Ju-«j'-i - Mi:i!l b-j hna! and coiu-lu-ive as regards the m:i:t. r «! s-i-ti appeal : Provided th it the person .-. ai.p- t a!iiy; m.a.i t -ive nolice in v."riu:i- to Uie JJoani ot _sucii_ his u)tju;i:>a of ai»pealin-, fotirU'eu days beiore tiie nojd.n- of the O-..«urr, at which such apical may be hear.! and ucttrmi.ied.

-•>». In or lor to rauo the money which may ho iifco.-«.ry for tli» purposes of this Ordinance before tfio ass; .liit-nf-; herelsy authorized are levied, it shall ha l;i«-:al fur the Board, or a majority of members thereof assembled at .1 jucetin" specially rnlU for the purpose, and at which not e^.s thf.u two-thirds of their number sliall be p:v;o;it, to authorize their Treasurer to borrow any sum or K!im;i of nionev, not ex«c-eJni" in tna v.holy lli'j sum of twelve thousand pounds, forth" -(■m-ral purpose* of tbi.s Ordinance, with power to th" l>oiid by a quorum of the members-;, to jrrant bills or bond-s or obtain cash credits for the .same ; and for further security to the per.-on or persons from whom such money may be borrowed, to assign to such persoit o:-p'.-rsjiijj t!.e as:*\s.«me»ts hereby authorised to lie made and levied, until the s;u.i or stilus so to bo borrowed, with intercut thereon, shall be repaid and uischureed.

i)~>. In vv,lv to rai.-;e t'je money which inav be rc-quii-ed i',r th> mailing, cnlnr-ii;^, altering, cov-riie* or eiickv:ir>g nuy :,eu vr of the lioju-d or" for any other work-:, manors, and thin-* of a permanent nature, ati-1 to bo executed ami done for the benefit of any tlist.net as .itcrexjud, it slidl 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 k-ssa tbau two-thinls of their number shall be present, to a:itliori.-.e their Treasurer to borrow any Eum or f.uiiiH <S money not exceeding in the whole, the sum of five thousand pound*, with power to the Board by a quorum cf 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 per-soatir?per&on-i-.'he assessments hereby authorized to U: made and levied, until the sum or "sums so to be Inn-rowed with interest thereon, shall be repaid and discharged.

f>G. ho member of the Board or Treasurer shall be held or adjudged, to have made himself personally liable for the repayment of any money lwrrowed, or interest thereof, by reason of having 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 Ordinance in that behalf, exceed for any one offence the sum of one hundred pounds. All such forfeitures penalties and fines, ghail be recoverable in a summary way, ami .shall be sued for and recovered by and paid to the clerk of the Board, and shall be ac- ! counted fur by him to the Treasurer of the Board I and shall form part of the funds for the general pur- [ poses of this Ordinance. |. 58. In all cases in which any notice is by this Ori dinance required to be given to the owners or occupiers of any promises, it shall be sufficient to address the notice to them by the description of the owner or occupier (as the case uuty require), of,the premises (naming them) in respect of which the notice is given (hereinafter called the premises), without further name or description, and the notice shall be served uponthem or onescfthem, as the case may require, either personally or by delivering i c same to some inmate of bis or their place of abodeor in tie case of

of the occupier, ftnd also m the case of the owner, if l 1*? piace of abode be unknown, upon any inmate ot thepreiuises, or if tbeybe unoccupied and the owners place of residence be unknown, it shall ue Butncieut to fix the notice upon some conspicuous i>art of the premis&s: Provided always in the cuse of notices to the owner, that although his place SfcH^n 1* £ no?V° tn«-Board, yet if it bt not within Dunedin, it shall be sufficient to transmit any directed to him by name through the Pos"t

OJ. Whenever the consent, approval, or authori of the Supenntendeat is required by the provisions of thiai ordinance, thewsolation giving orrefusingthesaine fijall be 7J assed, with the advice and consent of the Executive Council, and shall be in writing under his imndj and^ whenever the consent, approval, or authority ot the Board is so required, the same shall w in writing under the hands of three or more mem Lers, and the ClerE of the Board.

t»0. Nothing m this Ordinance shall be construed to render lawful any act, matter, or thing whatsoever, which but ior this Ordinance would be deemed to be a nuisance, nor to exempt any person from any liaij.nty to wiach he would cthcrwLje have been subject in respect thereof. . . .

61. In the construction of this Ordinance, the flowing womsand cx { )ressions shall have the meanin" ijereijy assigned to them, unless such meanings dp re" pugnaut to and inconsistent with the context of the subject matter in which such words or expressions occur; (that is to say),

TJio word "Board" shall mean the Town Board of imuedin ior the time being. The word "slreat" shall include any road bridge iootivay, pavement, couit, alley, or passage' whether a thoroughfare or not, and the parts"of any sacbroad, bridge, footway, pavement, court, aiJey, or pitsi^ige, within the city of Dunedin. The word "drain" fehall mean and include any - drain of and used for the drainage of one buiidin^ only, or premises within the same curtilage, and made merely for the purpose of communicating tuerehom with a cess pool or other like receptacle lor drainage, or with a sewer into which the (UiUh&Xi oi t-,vo or more buildiir's or premises occupied by different persons is conveyed. The word '- sewer" shall mean and include sewers and ununs of every dfcoriptioa, except drains to which me word '•' drain" interpreted as aforesaid applies. P:ls**] the Provincial Council thi3 eighth day of May, One thousand eight hundred and siity-two. ALEX. RENXIE, Speaker. UiIAS. SMITH, Clerk of GuuncLS. Diiiiediu, ninUi May, One thousand eight hundtoi and .sixty-two.—l hereby declare that I reserve this .Bill for the si^nidciition of the Governors pleasure thereon. J- L. (J. RICHARDSON, Superintendent of the Province of Otago.