DUNEDIN IMPROVEMENT ORDINANCE, 1862.

Otago Daily Times, Issue 227, 11 September 1862, Page 7

DUNEDIN IMPROVEMENT ORDINANCE, 1862.

A n Ordinance for Promoting the Improvement of the City of Dunedin. Wheref.s it is expedient to make further and more ffeclunl provision fordrainhijT, cleansing, lighting, and paving the city of Dunedin, and for the sanitary improvement thereof, a-d in other respects <o amend lie " Dunedin Town Board Ordinance, 185 j," and he " Lunedin Koads and Streets Ordinance, 1855:" Be it therefore enacted by the Superintendent of tlic Province of Osngo. with the advice and consent of the Provincial Council thereof, as follows:— 1. Tins Ordinance shall bo termed, and maybe cited and referred to as the "Duuedin Improvement Ordinance, ISG2." 2. This Ordinance shall come into force on and after a day to be fixed by the Superintendent, by proclamaination in the Provincud Government Gazette, vrhich proclamation shall not be mr.deunkss and.until the Governor shall intimate that he has left this Ordinance to in; operation. And the Members of the Town Board of Dunedin, elected under the said first recited Ordinance, shall pupj-rintund the execution'of thk Ordinance until the election of their successors n ci&ce under this Ordinance. 3. From and after the date upon which this Ordinance shall come into operation in manner aforesaid, sufh parts of the said two recited Ordinances as are repugnant to and inconsistent with this Ordinance shall be and the seme are hereby repealed: Provided always that, except in so far as hereby repealed, the said recittdOrdiiiances'shall.be ei^ctukl to all intents and purposes, "as if this Ordinance had not been passed. 4 Immediately after the passing of this Ordinance, th« Board sbaii 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 ihe population thereof, or other circumstances, shall appear to them from time to time to require;'and tl'e boun Uu'ics of the Wards sliail run along the middle of the streets by which they are declared to be bonuded, except when the contrary is "specially iner.tion&l: Provided always that such Wards/and boundaries thereof, and any alterations th'ercon, shall be intimated by advertisement, to be made in the Provincial Government Gazette and in newspapers published in Dunodin. 5. Immediately after the passing of this Ordinance and t'ue division of the suid city into Wards, as hereinbefore directed, and yearly thereafter as tito Board I shall direct, the Hoard shall cause to be collected the Names and Residences of every person in each Ward, who may be liable to be rated, as hereinafter mentioned, in consideration of any lands, builuhius, and hereditaments owned or occupied by him, and situated within the boundaries of any such Ward: aud shall cause a list of such persons in each Ward to be made, and published in owe or more newspapers circulated in Dunedin, together with a notice of the time when anil the place wh'<iv the Board will attend to hear .any objections that way be made to such lists ; and at I the thr-e and place so mimed, the Board shall attend. enquire into, hear and determine any such objections; and the dcti-ion of the Board shail be final and conclusive in repird to any and every of-jeetioii made against every such list; and the sniil ii.?t.-0 when thus settled and revised, .shall be j transcribed in a nook'to be called the Kate-payers' Ko'l, and shall be lodged with the books and papers of the Hoard ; arid if at: any time after the completion of such Ha:o payo-v I* oil any person r.ot beii:£ liable to In placed on such 1101 lnt the time ot its completion, shall i thereafter become liable to be rated for or on account j of any hinds, buildings, and hereditaments owned or I occupied by him within any such Ward, it shall be competent'for' such person-to apply to tlw Board to j have his name msevttd in Ihe Ratepayers' Hull for j the Ward in which such premises are situated'; and if j it shad be made to -appear to the satisfaction of the j Boatd that such person was not at the time of the comnilii-ii or making the Rate-payers' Roll as aforesaid liable to be rate*!, but has since become so, and has for the space of three mouths previous to su'oh j application been so liable, the Board shall cause the j name of siu-h applicant to be placed on the Hate- ' pajt-rs.' lioll t<.r the Ward or Wards m which he Ls s>o qualified to vote. G. The Meiul ers of the Board to be ekcted under , the authority of thi~ Ordinance shall be rau-jiajers upon the ratepayers' roll fur any ofthesaM Wards, ' and shsii le eL-etcl by a majority of the votes of thu ' rattj.ijc'"S on the ratepayers' 101 l for the Ward for ( ■whL-h they aie oli-ctcd. I 7. E\>-ry male person of full age who shall, under' the prj\'-ion-. of tulsi OiiMsir.tii-iv't; liable tuberatc.l i or a-.-e-sid i<>r or on account of any ratf li\iedor, ass--.1 .-cd b\ the Board, an.l \»ho-e name shall rippenr en the rate: ;i;.cis'lull fi-r any of the said Won!-, a* er<.i::b< lure pi-ividtd, slrili b-j d-'emed a n.tepayer ' fer 'he ]ir.vpi,- t -ol any such election lor any Ward on ( the roll lor' which hi* name ho apitara. 8. Thu-echall be thi t-e Members of theß'-aru for t-vh VT«rd, v.1.0-e election shall beuade iv manner as ful- '• lew : 'i he CiL-rk to tlie Board s-hal! picpare a b )ok lor ejfh Waul, and .-iiall direct a Cleric to attend at *onje ci>ii\ciiiint place in or adjacent to each Wani, , upon il.i. fi.~t Mow'.ij in t\\: month of JJceinber in ' e\er-' m:u, awd th.- Kate ' t >r;-_T-, in cadi Ward iiit'-nd- , injr to"v t>i in snch election shall appear p;s>uii;dly at such \A-w- . :i!jd the natrifp of the ji«,r.-oi.» v< ted f>r ' and tl.e ivi' 15; i.f Mi.:h Macr.s shall be in cribod i'\ • the .-iii 1 i-k by the Cleik, and aubncril , tby each j voter. | 9. At :>.'.y Mich ekoH-m.it shall he com] et^nt f"v ' any <vi iii'i.-tj cr J^ate; ,i;.tr on the Ra.tcp,v,er.-' Ko!i , for ti.i' V. ..:d to oljejt to any pT&uii tt-nderin^ hii i vote and bt' ie he has^olcil, oiily o:i the jrroun.l that tuch ].oi.son i= int a Jiaft'pa\ei on the ltate t jajtrs' Eoil itT li.i; Ward, <r li:i>-\otul before at the Mine | elect on ; an-i on S'.'.-h olijcctun bum; takr-n, tlie Ul'-rk j act-iiL'at '•i.. h d^V'M sl-al] r<f:i«t»-r siioh vcte, but, j sh;ill ut t'.c .-arue turn make a memorandum of t.n' nu:ii«" ii: rch \"tcr, and Kp-Tt "^ulli obji.ctiou to the , Cleik if th:- B(.ard in the K^Nter Book es ln-ii-in- ' after uiu- ted: I'u^iilod alwajs that u<> eketor hhal! ' h.'.v- u.(!i' il-rin os.f "«i'to i:i tli« election for a Ward , •ftitiK ut ];uji)ii:c-'> f> lii.> voting in any other Ward or | Waiib it (jiiaiiikd a - itfjic-aid. i 10. Every such Election fhall commence at nine o'clock in the naming of the day on which it is to take-placo, and shall continue until eleven o'clock'of j the f;:i:/J ilav ; after which no new Candidate shall be j FoU-d for, uri'l if at such last-mentioned hour the 1 names of not more persons tlsan tbo number i>> I>6 j eleete;! shall be inscribed for the otliec in each Ward reepectivt-iy, the election in suoh ea.-e shall be |!e- - be at an end and no Votes t-hall tlieriaftcr be ; but if the name;* of more peipns than the j nuruler to be elected shall be so inscribud tlum the j eait! Ik-ck shall remain opc-n unt>' four o'clock of the j Eajd ''•'■>, afur which no votes shall bo received (ex j cent. i!i'«;.o of such Electors as may he within the I PolHr-i rir.ee waiting to teiidcr their Votes), and the Election' shall I* declared nt an end : Provided always , that, it shnll be in the power of the persons voted for by a writing under their hands to Lrminate the j Polling Jit any time of the day after eleven o'clock, hey may think proper. ]]. Not less than six nor more than twelve days before the first Monday in the month of December in every- y«ir, the Clerk to the Board shall cause intimation to be made by advertisements in newspapers published in Dunedin, and in such other manner as the Board shall dt:e» 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 :ippoiiitfd to attend ihe same shall deliver the said books U> the' Clerk of the Board, who shail make up and write in each of the said books a slate oi the votes in the Ward, and shall affix to the door of his office, .within two days thereailter, the names ot the persons haviiiK the majority of votes, who shall be held to be elected us Members of the Board ; and the ® said books in which the names and votes are inserted, in manner above described, shall remain open and patent for the inspection of all concerned, at the office £f the. Clerk of the Board, for four days after every $uch £ketu>a. 13. If any person shall, at any time, obstruct, hinder, or molest cither any Ejector in giving Ins vote, or the Clerk acting at any Election, in the performance of his duty, every person so offending shall, upon conviction before a Justice of the Peace, be liable to a penalty of one ponnd for each offence j and if any person not qualified to vote shall nevertheless vote at any such Election, every such person so offending shail, upon conviction as aforesaid, be liable to a penalty not exceeding two pounds for each ofience 14 It shall be competent to any person who congiders that he ought to have, been returned as a Member of the Board, to complain against the Clerk's return provided the complaint be made by petition * fn the Board, stoned by the complainer, or by some JJrtn on his bclialf, 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 Com jnitteu of five of their number, to inouire into the merits of such disputed Election md report thereon to a subsequent meeting oi * Ihe Board, and the determination of the Boa-don . ™ St shall be final and cone nsive; and if, IS the clerk's report, or uoou a scrutiny demanded, . i-f h «m d Committee's report, there shall be found eliall be preferred. ;

15^ One of the three Members elected for each Wnra shall annually go out of office, nnd the Board shall cause the order of their retirement to be determined by Ballot, not less than thirty days previous thereto; nnd any member ret'n ing ns aforesaid shall, if duly qualified, be eligible for re-election. 16. When the office of a Membor of Htt Board shall become Vacant, by death, resignation, nonacceptance, disqualification, or in any other way, the Clerk shall, at the first meeting of the Board after the occurrence-of such vacancy, or after the same shall have become known to him, report such vaeuney, that a day may be fixed for the election o! a now member, to supply the saiil vacancy, and shall intimate such election'by advertisement, and the election shall proceed in nil respects us in manner herein provided in the case of annual elections; and within two days after such election, the Clerk "hall affix on the "door of hfs office the imrae of the person elected, and it shall he competent, to any person who considers that he ought to have been returned as the peison elected, to'com plain, and for the .board to proceed in regard to sucli election n milliner here- < inbefore din-ctul in the case of complaints in annual] elections: Provided always that such petition nnd! complaint he lodged with the Clerk before the first meetimr of the B uard after such election. 17. General Meetings of the Board shall be held in the Mouths of January, April, July, nnd October, inputting' the powers committed to the Board in execution j and all such meetings Mia'l be culled, nnd tho proceedings thereat shall We conducted in the uiauncr set forth in the s;iid first recited Ordinance. 18. If tin; Electors of any of the said Wards shall reftWor ncalcct to elect Members of the Hoard, upon any day duly appointed for such'election, it shall be J.iwful'for the .Hoard to nominate and appoint qualified person? to be such Members, and such -nu mbtrs, when so nominated and appointed, shall have and enjoy the sninc powers and privileges, and shall remaid the same linic in office, ns if they had been duly elected by the electors in such Wards, lit. Save and except as herein otherwise provided, the Board siia'l have, and either by-themselves or by Committees of their number duly authorised, shall ex-cute all the powers and duties vrstcd in or imposed on the Board by this Ordinance, nnd tin; said recited Ordinances, in so far as not hereby repealed, and .shall appoint all persons and officers whom it may be nccebsavy to employ in the execution of this Ordinance, and'tin; said other. Ordinance, and to I remove or suspend them fit pleasure,-and .fix-and re- j g'llate their salaries aiid wages, and to estimate, I assess, levy, raise, and apply, or cause tv be esti- t mated, assessed, levied,--ami .applied, th<» u urns of money hereinafter auMurised to be assessed, It-vied, raised, and applied. 20. The Hoard slinll, and they are hereby authorised and required to provide all ncer-wsnry implements, and take all necessary measures for watering, isweopiiiir, and cleansing the streets, at such times and in such manner a-i "their Inspector of 01<-«insmg shall direct, nud'-to cuter into contracts for such purposes, nnd' for the sale or disposal of the sweepings of the streets. j 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 lamp.*, i lamp-posts, awl lamp iron*!, and other appurtenance* ! as may be necessary fur that puqxwe ; to light, or j outer into contracts for lighting aiid causing to be j lighted, such lamps, by meansof oil or gas,-or vv.eM \ • oilier light as they may find expedient; and to ortlvr i the lnuipposfs, Vinip iron 3, and lamps, to bo fixed j either on tho sides if the streets or upon tho curb- j stones of the pavement, or footpaths, or in or p.t tho I walls'of building, upon indemnifying the owners! or occupiers for any damage""done, the amount! of whsch, in the event of d>if<.Te!;«-<; j opinion, to bo fixod and determined summarily bythe Kesident Magistrate. 22. It shall bo lawful for the Board to make an* 1 { enact, and from time to tiuio to alter, amend, and re [ peril, Kuleiv Regulations', ami Byu-laws relating to th j cleansing, lighting, paving, causewaying, metalling. ] and repairing of streets; the making ard repairing of common sower*, drain*, privies, and urinuu; the preventing and suppressing of nuhanetti, annoy;ui<vs, I and oljstrtictitms, and the promoting of health within j DuiKxlin"; and the proper management of the 1* ire ; Engine Establishment: Provided always that sin-h j rules, ' regulations," aud' bye-lawa fcball not be incou- | sistent with, or repugnant to, any Act or Ordinance j iv force within the Province of Otago. ■23. It shall bit lawful for tho Board to imp.'Ye and exact such penalties, fines, and forfeiture* for the ia- ! fringetuent and breach of any such bye-laws as shall j Kcuia to them fit and reasonable: Provided a!w:«sj tliat no such penalty sluill exceed, fur any one offence, ; the sum of forty feiiiilings, and in the cam: of a con- j tiuuing nuisance,.the sum of five shillings for every ] day during which such nuisance shall not be abated. ! 21. No bye-law male under the power* herein cmi- j tamed shall l»c of force until a copy thereof, | certitiwl by the Clerk to the Board, »\v.\\\ have ■ been .inserted, once in newspapers putjiisucii iv i puuedin, and shall have bwn continnotl by tho Su- I Superintendent ; and if the Superintendent shall dis- I allow the srvicS l>yc-la\v, or any part thereoi, such bye- ! law, or the part thereof' djtr.iilo.vt-d, shall not com'; j into operation, and any such bye-laws vn confirmed I sh'*U be published in tho Provincial Uoverutuent Ua- j zctte, and shall have full force and effect. 25. It shall be the duty of the Injector of Light-I ing and Cleansing to attend to the due fulfilment «>t ) nil contracts made by the. Board an to Lighting and | Cleansing; to cause to be r«;mov.-d from the strettHall | dung, soil, dirt, ashes and filth; t« sue that all j i^unps be lighted ar.d kept lighted for the due time, and kept in all respects m proper order ; to receive and forlhwith .communicate to tho Uoar>l and other Authorities any coniplranta or renionslrunce^ rolatinj? to Nuisances and the 'Cleansing and Lighting of tho j streets, with the* result of his own eiupiirit;i> on the \ subject; "to enforce all tho Hcgulations and .Provisions for the prevention of Nuisancu-V and the promotion of the health, ami comfort of the Inhabitant.!; and fvenL-rallv to obey .nil the Orders, lii-triietions, j ami Kcgulntions which may from time-to-time be i iria-Je relative'to t!ie executivii of his duties. 26. If upon the certificate of any Medical Officer, of the Govenuneut or any two Medical J Practitioners, it appears to the -Board that any j -House, or Buijditijv" or part thereof, i« in Kucha' filthy or lmwhoh'BOine condition that the health or any person is alfected or endangered thereby, or that' ■the whitewashing,- cleansing, or purifying of .my house or part thereof would tend to ]ivevrnt or clu-ck infectious or contagious dis-ease, the lioanl Khali give notice in .writing to the owner or 'occupier of r,ueh i house or j>ait thureof to whitewash, cleanse, or purify the sanio a. j, the case may require ; and if the -person to whom notice is so divert fail to comply therewith, within .Mi<;li tiitic as slsali be specified in the said notice, lie .slia.ll be liable to a penalty not excfcdiri^ Ten shillings for every d.-iy during which he wntiimes t> make default; and tfie liount may if they shall think fit cause such lionise, building, or part thereof to bo whitewashed, cleansed, or purified, and the expenses incurred by them in so doing shall be repaid by th:j owner or occupier in default, and be recoverable from either of them iv 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 tho passing of this Ordinance, without the consent of the Hoard, who may either refuse such consent or grant tho same upon such conditions for the observance of stiioh Regulations as they may deem proper, in order to prevent or diminish th« noxious effect* of any such business ; and whosoever oflemis against this enactment shall he liable for each offence to a penalty of J'ivu Pounds, ami a further penalty of Ten Shillings for each day during which this offence is continued. 28. The Superintendent Khali 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 oih'ce 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 tho 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. Tho fJoard from time to time shall cause to be made such Sewers as may be uecessary for effectually draining the City of Duuedin for the purposes of this Ordinance, and may carry any such Sewer through, across, or under any street or place laid out aa or intended for a street, or under any cellar or vault which may be under the pavement or carriuge way of any street, and after reasonable notice in writing in that bebalr into, through or under any land whatsoever should such be necessary : Provided always that all such Sewers to be hereafter made shall be made in accordance with the system of drainage to be exhibited by the Map or Maps hereinbefore mentioned, unless any deviation therefrom shall be sanctioned by the Superintendent, and until such Map or Maps are prepared, shall be made with the approbation and consent of the Superintendent. 31. The Board may from time to time repair, enlarge, lessen, alter, arch over, or otherwise improve all or any o'. the Sewers under their management and control, and discontinue," close up, or destroy such of them aa they may deem to have become unnecesary: Provided always that the discontinuance of sany Sewer shall be, done with the approbation and consent of the Superintendent and so as not to exeat

Nuisance; and if by reason thereof any person is eprivcd or the lawful use of any Sewer, tae Board dnll provide some other Sewer as effectual for his use li the one of which he is so deprived. 32. The Board shall cause the Sewers under their management and control to be'constructed, covered, and kept so as not to be n nuisance or injurious to ; health, and to he properly cleared, cleansed and ; emptied, and for the purpose of cleansing and emptying the same, they may construct and place cither ; above or under-ground such reservoirs, sluices, eni gives, or other works as may be necessary, and may.. [cause all or any of the said Sewers to communicate ! with an;l bo emptied into such places as may be fit and ■'necessary, and may cause Sewage and refuse therefrom to be collected for saleorany purpose whatsoever, but so as not to create a Nuisance. 33. It shall not bo 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 ovi-r 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 ot 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 huiu of Twenty pounds, and a further penalty of One p'jund for every day during which theotftneeis continued, after notice in writing from the Clerk to the Board in this behalf; and if any sewer, drain, building., vault, arch, or-cellar shall bo made or constructed contrary to this enactment, the Board may cuise tlie snin« to be alttre.l, pulled down, or otherwise dealt with as they may think lit, and the expenses incurred by them in so doing shall bo repaid to them by .the oiFeiuler or recovered from him. 3-f. Any owner or occupier of premises adjoining or near to but FK-yoml the iimits of the City of Dun-e-din. may cause any Sewer or Drain of or from such pr<>iui<c.i, to communicate with any Sewer of the Board, upon such .terms and conditions as «"h:ill be agreed upon betwe.!) kucli owner or occupier, and the Jioard, or :u case of dispute, asshall be settled by the Superintendent, whose award shall be final and conclusive. 35, It shall not be lawful newly to erect or to rebuild any imtise or to ~oc«upy any house so newly crceti'd or rebuilt, uulrss and until a covered drnin or drains he coiist.rwte 1 of such size and materials and at such level ami with such fall a* to tint hoard -shrill r.jipi'nr to bo nrcessary- and sufficient for the proper and ofiVetual drainage of such houw* and its oppurteiianws; and the drain or drains so to be constructed shall load to and commnnicate with a Sewer of tho Board, or such other moans of draitmgo a* (he Board shall direct v the same exist within one hundred feet of the site of .such hotis<> ; and if no such •Sewer or menus of drainage be within that (distance, thr-n the s:iid drain or dmins shall- communicate with and be emptied into such «-o»'mrd cesspool or o:licr pia,'e not hoing under any house; mid-being at such di>tai!oe from any house, m the Board shall direct, and w'lo.-ioi'v.r erect* or rebuilds any house, or oeeu-i>u-s any hni.se contrary to this eiinet ent, shall tw liable fi>r every such ollenc. to a penalty not exseedng Ten Pounds. tJj. If at any time it appears to the Board that any h«u-x', whuJht-r built before or nft»-r the passing ot tiiii Ordinance, is without any dntiu or.drains *:>i)icioist for th'! propcrandr'!i*<-tu:ildra:r ;ci; of the<a:n»; nnil its appurtenance-, and if a sower vi the; iioard or oiitcr nieati-i of dnuur.g!-lx-witliin one hundred feet of any p.-irt of such house, thry shall ennse nojice in writing to b'j given to the uwiu-nj or oeeu|fi<;r* of I sue-h liouie, requiring him forthwith, or within J such reasonable time a;; shall tx; specified therein, j tri construct and Jay duwn in connection with «uch j house, and one of tho.se mcau-i of druiufiw, .one or moro covered dr-tiu or druio.4, of stidi material and siiv',. r.t tujli level, and with «ticl» fall as blmll -appear to !>,' necessary ; and it* such nuttco simll not be com* {■'iy<l with, the DAtier .iinill be liable li a pssutity not exceeding Tr!i pounds, and the lS>unl jik»v, it they j shall think tit, c\iuh_- t!i*i work to be done, ai..l the j exjjt.'iiv.-i thereby iucurrct) by them khull be recoverable from the owner. 37. It"shall not t>o lawful newly to erect or to rebuild any house wiihuut it suftieieut water, c!o*ct or privy, and whosoever offends figainst thU enactment shall \h; liable to a penalty not excelling Ten pounds; and if at any time- it appears to the Board that any housr, whether built M-i'ure or filter tha pftjtsiiig of thi.i Ordiiianc*, ban not a eutUoieut water' ctoaet or la-ivy either within the ltouw or in llie back yard ttwrt-of, the itiMUtl uhall give notice m writing to Mr.owner or occupier oi'sueh lnuiso, requiring him within such reasonable tuny a>j shall" be sptciiied therein, to provide ahiUVieiesit water c'osot ur privy ;-ft»d if su«-h lK'tice be not complifs! with,- the owner shall be liable i to a pi-nuity not exo'.e iing Ten pounda; and the Hoard may, is tlsey shall think tit, cause to con- i Ktrui;tc<l a Mitlicient water do?*it or privy, or .hu«;Si j other works Jin the ease may require; sui'l the rx-j [•tiioca incurred by thtrn in m doifi,i, hfmil Jm? r»;c:<vt«r- ] abtu by them froia Use owner : Provided alway.*, th.it j when a wnUT-clii'-jt or privy hrw been anil m u*%\ in \ pominon by the iinnate* of two or more houses, or if, ] iv the npinionof tlio Hoard, a water-closet <»r privy ! iiiiiV \xi w> us**1!, they nee-.l not require the nanie U> In- | provided fur «*;icb hou^e. | 35. The level of the htreeUshall he fixwl by UieKoard, ■ and !'>itru?fti days at the lewt before beginning to dig j nr !;>,v out the foundation f<»r any new house, or t/> r«- ] buil.l ftny houm», the person inlen.liiig *> U> build or; reliutW «hall give to tlie litmrd written notice tliew-jf, j tether with the level or iuU*ndtf<l level of t!se oelhirw j or lowest floor, and'the'situation nv.-\ et>:i.«truction of j tii'j privies and ccsssiw^ls, to 1« constrmil^l or um\\ iv j connection wilSt f-uc'i lumsc. And it shnll not be lawful to b-fyin such works unli! the pnitiauLir;* m requiri.'d t«> hit Rtati'd hive been approve* 1 by the Board ; ! and in default of such'notice, or if any swh house-] privy, or cvsspool be built or rebuilt without Hucb j approval, or in any re«pset contrary to the provisions i lit this Ordinamw, the oiferukr shall be liable in aj penalty not exceeding fifty p>umU; ami the Uo.ird I may, if they think tit, cause wich hoaw, privy, or \ cc:-spool to bo altered, puliei down, or ntherwise d.j-iSt j with a^ the case may require, ami .the expenses incurred iv so doiiig shall bo recoverable from the ! oWL-nder: Provided ahvny«, that if the- Il.wrd f;til to j si unify their approval or disapproval of the ssid j-ar- j ticulars for the space of fuurteeu day.-* atti-r receiving j such nutice, il Khali be lawful to proceed according to such notice, it' the «uue be otherwise in accordance with the provisions of this Ordinance, or any other Act or Ordinance in forco at the time. j 30. It shall be lawful for the Board, and they are hert'Uy authorised and required, to provide and have at ail times asufliciciit ev.abliihnientof tire engines, jupes, an<i appiiitea-'ineeH, to be used for exttngiu>htiig tires within the limit.-* of Dutiedin, and beyond the .'iuiiio as hereinafter provided. •10, The 'Hoard shall 'appoint an Inspector of Fire Engines, who .shall have the charge of the said euguie-*, pipes, and other appurtenances ; and uhall al&o appoint such nuiuHer of hreinen as tho Board tshall think fit and «.>xpedicnt for. working tho same in a proper iinumvr, and for assisting in extinguishing I tires, and shall make such rules and regulations for I the said inspector and firemen as to the Board shall seem proper. 41. The exppnse of providing, keeping, nnd main- ; taining tlie Raid engines,-'pipes, and appurtenances, and paying the .slid inspector and firemen in so far as not otherwise contributed, shall be defrayed from the rates for miscellaneous expenses hereinafter authorised to be made and levied, 42. It shall l»e lawful lor the Board upon application m:ule to them, or to tlie said"'- Inspector or other person in charge of such fire engines, to permit the tirumen and tho engines, pipes, and appurtenances, and generally all or any part of the fire establishment, to be sent beyond the limits of Duucdin for the purpose of extinguishing fire: Provided always, that ths 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 aho such further sum not exceeding ten pounds per centum upon the gros^ amount of such expense, as may 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 Inspector of lire engines, and approved by the Board or their Committee in that department, and doqucted by the Chairman or Clerk; the said owners or occupiers, and all other persons interested, being always eutitled 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 Mime, and the Board shall have power to modify said charges when they seecause. 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 projwr and sufficient for the purposes of this Ordinance, and for private use, and for that object the Board may with such approval and consent, enter into contracts for the construction, laying down, and maintain^ of such works, matters aud things, us shall i be necessary and proper. 41. Tho Board may, if they think fit, supply water from any such water-worka constructed by them under this Ordinance, to any public baths or wash houses, cr for trading and manufacturing purposes, upon such terras ana conditioiifl as may be agreed upon 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 Hupplyof water to the inhabitants, to be outiaued, and tor that purpose may, if they shall

think fit, construct any number of cisterns, pumps, wella, conduits, and works. 46. Whoarever shall wilfully destroy or injure any cistern, well, pump, reservoir, conduit, aqueduct, or other water works belonging to, or under the management or control of, the Board, or thall unlawfully | divert or take water from anjr such works, or do or •suffer to be done any act tr thing whereby any water contained in any such cHern, well, reservoir, conduit, aqueduct, or other water-works, shall bs fouled or rendered unwholesome, shall for every such offence forfeit a sum not exceeding Five pounds, and a further sum of Ten shillings for each day whilst the offence is continued. 47. The Board, with the approval of the Superintendent, may provide, maintiin, lay out, plant and improve the Town Belt and other premises, for the purpose of being used as Public Walks and Pleasure Grounds, and support or contribute towards any premises provided for such purpose. 48. It shall be lawful for the Board to license from time to time such number of carts to ply within the city of Duncdin, ai.d to makewuch rules and regulations with reference to the lieensingof carters, the places where they shall stand, tho rates they shallircceive, the distance they shall be compelled to go, and such other matters as may tend to tho public convenience in reprard to tin m as the Hoard may sec fit j and any carter plying without a licence, or otherwise offending against any such rule or re»;u!a'ioii, shall on conviction rnsv a penalty not exceeding live pounds: Provided alwny*, that no such rule or regulation shall have force or effect, unit** and until tho same shall be nllowed by the Su|K!riutcndcv<t, and published in the I'vovincuxl Oovernmmt Guzettc. 49. All tho sum? of money, including officers' salaries and all other expenses required for the purposes of (he " J)iincdin Roads and Streets Ordinance, 1857' and this Ordinance, shrill be defrayed out ol the Assessment authorise d to be made anil levied by tho twelfth clnu-e orsecSion of the said first mentioned Ordinance; but nt niiy meeting of the Hoard con-' veneiied for the purpose of making or C9n?idcrin<r such assessment, the Hoard shall estimate and fix 3uc!i sum< of money so required and nrcessary to be levied under the Several It .'ads (if Lighting, Cieanung, and Miscellaneous Expense*; and tho assessment m> uuthorLvd to he made and levied shnll be made aud levied nitcuhly Jor these seveial purpose, and shall not isi tho aggregate exceed, in any one year, the sum spsciited in the aforesaid section of the said first ineiitiouL-d Oivliuanc-2. 50. ft shall be lawful for tiie Boird, at any meeting for makiiigoreonn bri;i,'.sttc!i a*i««mcntttiexempt lor a time, or from time to time, any streets lands, and houses, from all or any of the rc^ulntion.s in regard to lighting and cleau.iing r-.'spe.'tiwlj*, established or hereafter to be established l.y or in pursuance of the " PTinelin Roads aud Streets Ordinance, 1855" and this Ordinance; and any such Btrc-tt-*, lands, and houses, if so exempted from all such re^ubittons, shall, during tho continuance of such exemption, be free from pay mctit of any part of the aswr^meut authorial l> \k- levi-.'i fi»r liquidation of tiie expense of I'l/bting an>l ck'ansing; but ju the event of any such urecta, 'ands, an i houses biisij* oaly putiiHy exempted from such regulations, then such s»lro«st-s, ian«ls, ami houses 60 partially exempte I, *-h;iII be \UA>)>: in p.iysficut of Mich part of Mich a.H.'it-^inont as shall lit* imd and •let*;nrtinwl by the B ;ar>i in a fair an<i equitable mfitutcr. 51. in or.ler to defray tho expels attending the miking, ealur^inz, altering, overi: •£, or enclosing atiy f.fA'or of thy Hoard, or in or nh.mt any other work'l, mailers, and thiitg-i of a permanent nature, aud executed «>r done fjr the benefit of any dihtrict or part of any district, whether Jonnin:f one: or rt-vurd wari-t, or p*trt.< of onft or of 1 .•u-ventl w.inl.*, the H..:*r.l shall, over an 1 above the itssf-^iii-iit-i for the other purj«.««;.s hereinbefore \ wi.-iti >s:e<i, ii'A in t-i-s sr>:«<: manner as for \ tiiu said la~t lncntiiii"! assume: it, make and ;cvy, in respect of the piir.ii'.-.i situate in I such district for the b-tu-fit of v.-hkh the expends are in ■until or to bt» nwurrel, n rate or rafts, U> be ; eaUei Sp-ejil l)h!rirt Rates, of .*ueh rinwunt as will bi! suuick'tit to dis^hari.'*? flic amount of such cxpeii'M-i*, aud interest thcn-oii within suvh j«*rif».l, not exceeding six y<-ar», as ilia Hoard shall determine. s_*. If it *!»all appear to a majority of not le*s Uian two-thirdl * «if t!j>; rate ptyf-r-*, owners, or o-jcupien of h.iiise-' or lands in any street or part of a istreet, or other dc*mbe-l and flcfincd p. rf of I)us!e<lin, at a public mM-iin;i to he called on notice, as hereinafter provided, that the ex-.'^u»i(in of pnrticular v.-urka, mntfers,or thing*, v.hicli the Hoanl have on g-xii and ftutßcicnt tirouni!^ decline*! to execute, would contribute to th» health and eonvc-nien*** «f tli« in habitanw of su*.'!! part of DunfiUn, tlw lioir.l on r*.wrwiving uvcurity to their Kitihfnction for payment of fha ex[K'ti*e tfum-of, shall prwun? a phm and estimate of the coit of executing ji'ich work**, and shall lay the'•■lino before another f.u( !''• meeting of s:»ch rate* p.tycr», to be cut el on nouc; as in hereinafter pro vidf-I; am 2if fh» snra? «h;tll lie approved and Ktncrioned by a majority nf such rate j.apers n**t tah'ed iit iUcJi ht«t mentioned meeting, the lK>arJ, on r-,»ceiviijg ■vcurl'y f<r the exjwn-w- thviy<»f, or in crise the Board turret! to l*»-ar any part <<f ti»? expense, sceurity for the. remainder, shall eau*r the work in question f» S« (X(cuud; and in the ev*nf of there nt beimj voluntiiry eoatributifKit of adequate anioiint for the purp.H-% tho H<nnl shnl! pay the co*t, or the rat.- payers' prujwrtioa of the coat, as th>? oa« may Iw, oat of a gjiecial rate to be rnadc nnd levied in rc»-p f-ct of the preiin><es Ritiiat'd in th>» .«;ul p.irt of IJuneJin, in «iuch manner as the Hoard ahull direct. 53. If any jK-r-on j-hall think him^ilf ax^rieved by the tlCv.'i-'-'on of the Hoard, in any e/ise in which the Board are i-mpowerol t) causo nny work, matter, or tiling to be executed au-1 don<", and iraXnjX'Ct of which ■inch person may Le made chur^ealiie U> any special rnte in ter:::s of thiij Onlinanee, or by any decision o! the Hoani U{K»i the ■>.;uue at which his r»ri>|K;rty i.>> as-ies-Ml f»r any special or other rate authorized by this Ordinance to be- levied, it shall be lawful for hiui at any time within one calendar month after public iK>tsee shall have Wtn trivca by the Board of any such decision, to apj»cd to tin Justices of the l'eac*;, and any three or more nu-h Ju«t:co**, not living members of the Hoard, shall have power to hear an 1 determine the same, an I to award relief in the premiss, as the justice of the case may icijuiro, asul the decision of such Ju.Htieca snail Iks final and conducive as itganls the matt* rof s-uch np|mal : Provi led that the jier^on so ajijK^ding; shall give, notice in writing to t!ie Boanl of s'i:h hi* intention of appc.tiin;;, fourteen days UTorc the holdhig f»f the Cuurt, at which isuch appeal may be heard and dctunuiaed. SJ. In order to r.ii.so the money which may be ueeesKxry for the purposes of this Ordinance before the assessments hereby authorized are levied, it shall l>e lawful for tho Hoard, or a majority of menibcra thereof assembleil at a meeting specially culled for the purpose, ami at which nnt less than two-thirds of their number shall lie present, to authorize their Treasurer to borrow any sum or sums of money, not exceeding in the wlioie the sum of twelve thou nnd pounds, for the general purposes of this Ordinance, with power to the iloisrd by a quorum of the memiwrs, to grant bills or {wilds, or obUiin cash credits for the same ; and for further security to the person or peison.s from whom such money may be borrowed, to assign to such person or persons the assessments hereby authorised to he madu and levied, until the mm 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 Hoard or for any other work*, matters, and things of a permanent nature, atul to be executed and done for the benefit of nny district as aforesaid, it shall be lawful for the Board or the majority of tho meml>er.-> thereof assembled at a meeting expres-sly called for the purpose, and at which not less than two thirds of t!i;ir number shall be present, to authorise their Treasurer to borrow any sum or sums of money not exceeding in the whole, the sum of five thousand jMjtiuds, with jwwer to the Hoard by a quorum of the members thereof, to grant bills or bonds, or obtain cash credits for the same, and for further security to the j>orson or persons from whom such money may be borrowed, to assign to such person or persona 'he assessments hereby authorized to be made and levied, until the sum or sums so to be borrowed with interest thereou, shall be repaid and discharged. SC. No meml>er of the Boi\rJ or Treasurer shall lie held or adjudged, to have made himself personally li- | able for tho repayment of any money borrowed, or in- ; terest thereof, by reason of having signed any securiI ties 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 a^reeabie 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 l>e sued for and recovered by, and paid to the clerk of the Board, and slmll be accounted for by him to the Treasurer of the Board, and shall form part of the funds for the general purposes of this Ordinance. 58. In all cases in which any notice is by this Ordinance required to be given to the owners or occupiers of auy premises, it shall be sufficient to address the notice to them by the description of the owner or occupier (aa 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, and the notice ehall be eerved upon them or one of them, as the case may require, either personally or by delivering c Bame to some inmate of bis or their place of abodcor ia the case of

of the occupier, and also m the case of the owner, if his place of abode be unknown, upon any inmate of the^ premises, or if they be nnoccupied 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 Hoard, yet if it be not withiu Dunedin, it shall be sufficient to transmit any notice directed to him by name through the Post Office. 59. Whenever the consent, approval, or authori of the Superintendent is required by the provisions of this ordinance,theresolutionfnvingorrefusingthesame ! ! shall be passed, with the advice and consent of the I Executive Council, and shall be in writing under his | hand; and whenever the consent, approval, or authority of the Board 13 so required, the (same shall be in writing under the hands of three or more mem i bera, and the Clerk of the Board. CO. Nothing in this Ordinance shall be construed to render lawful any act, matter, or thing whatsoever, which but for this Ordinance would be deemed to be a nuisance, nor to exempt any person from any liability to which lie would otherwise have been subject in respect thereof. 01. In the construction of this Ordinance, the following words and expressions phall 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" riiall mean the Town Board of Dunedin for the time being. The word " street" shall include any road, bridge, footwaj", 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, and made merely for the purj>ose of communicating therefrom with a cess-pool or other like receptacle for drainage, or with a sewer into which the drainage 01 two or more buildings or premises occupied by different persons is conveyed. The word " sewer " shall mean and include sewers and drains of every description, except drains to which the word " drain" interpreted as aforesaid applies. I'a.y^d the Provincial Council this eighth day of May, One thousand eight hundred and sixty-two. ALEX. RENNIE, Speaker. CIIAS. SMITH, Clerk of Council. Dunedin, ninth May, One thousand eight hundred ami sixty-two.—-I hereby declare that I reserve this Bill for the signification of the Governor's pleasure thereon. J. L. C. RICHARDSON, Superintendent of the Province of Otago.