Page 9 Advertisements Column 5

Otago Daily Times, Issue 12415, 26 July 1902, Page 9

late Advertisements. or, in case of property belonging to His Majesty the King, the Minister for Public Works to raise, lower, or otherwise alter the position of the same at the cost of the Board in the manner and within the time specified in such notice, and if tho. notice be not complied with the 15oard may make the alterations required without incurring any responsibility to such owner or person having the control thereof. 20. To empower tlid Boaru' to carry any ventilating shaft, pipe, or tube up and upon any external wall of any . building, whether private or public, and affix the same thereto, provided that the mouth of every such shaft, pipe, or tube shall be at least 6ft higher than any window situated within a. distance of 30ft; and also to picrco and use as a ventilating shaft or tube the chimncy of any public bnilding or any factory or tramway, anil in liko manner may, during the construction of its works, use any private drain or watercourse within or without the district to carry water from such works. 21. That any person whose property is uM or injuriously affected in or by tho exerc>>« of the powers in the preceding section slial'. have a claim for compensation in respect thereof under the provisions of " Tho Public Works Act, 1894." 1 22. That tho value of the works in. any Borough which are subject to tho provisions of Section 47 of the said Act may form tho subject of an agreement between tho Board and Council of any such Borough, and if no such agreement is arrived nt the same to bo fixed in manner in tho said Section provided. 23. That whenever, in the opinion of the Board, it is desirable in the interests of the residents and property-owners in any particular part of the district to execute any particular work for the benefit of such residents and pro-perty-owners, it shall be lawful for the Board to determine that for the purposes of meeting the interest on the whole or a part of the cost of such work ar.d any special expenses for the maintenance or management thereof a differential rate shall be levied in respect of tho area beneficially affected by such work, and thereupon the Board may, by Special Order, resolve to constitute a special area, and the following course shall be taken and the following consequences ensue: (a) The Board in and by such Speoial Order to define and n'ame. the special area. (b) To describe in general terms in such order the particular work whereby such area is intended to be specially beneficially affected. (c) To fix the proportion of the cost of such work or a sum representing the whole or a proportion of the approximate estimated cost of such work. (d) To mslce and levy a differential rate not exceeding Sixpence in the Pound on the Rateable Annual Value of all Rateable Property in the said special area in respect of the interest on such cost or proportion of cost and any special annual | expense which may be expected to arise out of the execution, maintenance, and management of such work. (e) Such rate to he additional to the rates levied in tho said special area as part of the district, and when made shall be an annually recurring rate without further order or resolution. (fX The same to be made, levied, and collected in the same manner in which the other rates made and levied by the Board aro made, levied, and collected. (g) The amount of such'rate to be capable of being reduced only by Special Order. (h) For the purpose of making, levying, and collecting such rate the Board may require the Council of the Borough in which such special area or any part thereof is situated to make such nn addendum to its Rate Book as shall be necessary to show tho properties in respect of which such rate may be made.: ' (i) So far a3 tho Rate Book of any Borough | 89 amended by such addendum is applicable the Board to base the differential I rate upon tho frame.

24. That the Board have authority, for the purpose of obtaining power for pumping works and other works connected with or incidental to its operations and for lighting premises used '"by it, to generate and use electricity, and for. that purpose purchase or take under " The Public Works Act, 1801," nil such lands, streams, waters, casements, ana other rights as it thinks requisite, and to erect, construct, and use such dams, weirs, buildings, and appliances for generating the same as it thinks fit, and to conduct the same across or through,all roads, streets, places, and lands within and without the district, and for that purpose to erect and maintain such posts, conductors, and appliances as it finds necessary, Provided that for all such things as it may do in or over- private lands, and for all injury it may cause to such lands, streams, waters, oaaemonts, and other rights, it shall be liable to compensate the owners and all persons having any cstato or interest therein in manner" provided by the lastmentioned Act, and, for aforesaid purposes, to have power to contract with any person, company, or local body for the supply of electricity. 25. As between the Board and any Borough or local body in the district the following arrangement to ho instituted: / (a) Tho Board to bo responsible for the state of the sewers and public drains vested in it, ancl to cleanse, repair, and manage them. (b) The local body to be responsible for tho streets, including the channels, and to cleanse, repair, and manage them, (c) To empower tlie Board by by-law to regulate the management and use of inlet appliances giving access to the sewers and public drains, and to prevent the putting of anything into the sowers or public drains or allowing anything to enter such sewers or public drains by means of such appliances save such matter as may be, carried in with water entering in the course of the legitimate use of such appliances. (d) This section shall not be deemed to impose on the Board or any local body any greater liability than otherwise arises under the principal Act or " Tho Municipal Corporatious Act, 1900." 20. Amends Section 49 of the principal Act by substituting the words "one shilling" for the word "eightpeuce" in Subsection (1), and the word " eightpeuce" for the word " fourpence " in the second Subsection, and the word

"fourpence" for the word "twopenco" in the third Subsection thereof. 27. That after a rate has been made or ordered to be made by Special Order it shall not. be nccessary in subsequent years to repeat such Special Order, but a resolution of the Board to suffice, save when it is intended to increase the rate or rates for the year or to levy a further rate in any year. 2S. That tho financial year of the Board commence on tho Ist day of April and eud on tho 31st March in every year unless tlie.Boardotherwise determine. 29. To provide, subject to the opinion and decision of the Auditor-general, that tho Board determine what items or proportion of its expenditure are, or is, payable out of loan moneys, and what items or proportion are chargeable against annual revenue. Provided that it be entitled to pay out of loan moneys all the cost of drainage Or sewerage works and other permanent works, and of the purchase of land and all preliminary and other expenditure incident to the construction of such works, including the cost of exp'eriments, such part of tho salaries oi officers and servants as it considers applicable to sucli works, and such legal and other expenses as are incurred in connection therewith or incidental thereto, including legislation, such rents and other expenses connected with land as relate to the temporary occupation thereof. foi the purposes of such works and tho first year's interest on the cost of all works, together with such further interest as the Auditor-general shall, iu his discretion on the representation of the Board, allow to be so charged, and tho Board shall pay out of annual revenue all expenditure on account of lh» annual work of the Board and operations and its officers, including repairs and maintenance of works and interest not chargeable against loan money. 30. To empower the Board to obtain in anticipation tho opinion of the Auditor-general on any question as to the incidence of any expenditure and to act on such opinion. 81. Ko writ or process to be issued against or served on the Board or any member thereof, or any officer or servant or workman or any person acting under its or his directions, or in its or his aid for anything done or intended to be done, or omitted to bo done, after the passing of the proposed Act under the provisions of tho said Act or this or any other Act, or of any by-law or regulation made or in force thereunder or hereunder, until one month after notice in writing lias been served on the Board or such member, officer, or person, clearly stating the cause of action or ground of. proceeding, and the namo and address of tho intended plaintiff or prosecutor and his solicitor or agent in the action or proceeding; and ontlie trial or hearing of any such action the plaintiff not to be permitted to go into any cause of action or ground of proceeding not stated in the notice so served, and unless such notice be proved there shall be judgment for the defendant. 32. That every such action or proceeding be commenced within six months next alter the accruing of the cause thereof, und not afterwards, and be tried in tho district and not elsewhere. In any such action the defendant may plead generally that the act or thing complained of was done or omitted under the authority or in the execution or intended, execution or in pursuance of the said Act, the proposed Act, or of any by-law or regulation made or in force thereunder, and may give all spccial matter in evidence. Any person to whom such notice of action is given may tender amends to the plaintiff, his solicitor, or agent at any timo within one month after service of such notice, and in case the same be not accepted, may plead such tender ill bar; and in case amends shall not have been tendered, or in ease the amends tendered are insufficient, the defendant may, within the time allowed for filing a statement of defence or thereafter at any time before trial, by leave of the court, pay into court in accordance with the practice of the court in which the action is pending; and in the case of an action in a court in which no defence need be filed, at any such time as may be allowed by tho practice of sucli court, such sum of money "as it or he may think proper, whereupon such consequences shall ensue as under the practice of tho court in which the action is brought ensnc in an ordinary action. In any case of injury to the person, tho person injured to permit himself to be examined by any medical practitioner