Municipal Corporations Act 1876
Municipal Corporations Act 1876
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Municipal Corporations Act 1876
Municipal Corporations Act 1876
Public Act |
1876 No 52 |
|
Date of assent |
31 October 1876 |
|
Contents
An Act to consolidate the Law relating to Municipal Corporations.
Preamble.
WHEBEAS it is expedient to consolidate into one the several Acts in force relating to Municipal Corporations, and to amend the same:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title. Division of Act.
This Act shall be called “The Municipal Corporations Act, 1876,”
and is divided into several Parts, as follows:—
| Sections. | ||
|---|---|---|
| PART I.-General Provisions | Sections 2–13 | |
| PART II.-Of Boroughs | Sections 14–37 | |
| PART III.-Of the Burgesses | Sections 38–50 | |
| PART IV.-Of the Mayor | Sections 51–58 | |
| PART V.-Of the Council | Sections 59–91 | |
| PART VI.-Of the Auditors | Sections 92–96 | |
| PART VII.-Of Ouster of Office | Sections 97–101 | |
| PART VIII.-Of Officers | Sections 102–103 | |
| PART IX.-Of the Borough Funds | Sections 104–138 | |
| PART X.-Of Loans | Sections 139–172 | |
| PART XI.-Of the Powers of the Council | Sections 173–338 | |
| (1.) In respect of Streets. | ||
| (2.) In respect of Drainage. | ||
| (3.) In respect of Nuisances. | ||
| (4.) In respect of Waterworks. | ||
| (5.) In respect of Prevention of Fires. | ||
| (6.) In respect of Lighting. | ||
| (7.) In respect of Tramways. | ||
| (8.) In respect of Markets. | ||
| (9.) In respect of Buildings for Public Meetings &c. | ||
| (10.) In respect of Places of Public Recreation. | ||
| (11.) In respect of Charitable Institutions. | ||
| (12.) In respect of Baths and Washhouses. | ||
| (13.) In respect of Slaughterhouses. | ||
| (14.) In respect of Pounds. | ||
| PART XII.—Of By-laws | Sections 339–349 | |
| PART XIII.—Of Reserves and Endowments | Sections 350–353 | |
| PART XIV.—Dissolution of Boroughs | Sections 354–360 |
Part I GENERAL PROVISIONS
2 Repealing former Acts. First Schedule.
The several Acts in the First Schedule are hereby repealed, but shall notwithstanding remain in full force so far only as relates to anything done, appointment or instrument made, right or privilege accrued, moneys borrowed, debentures issued, security given, contracts made, work authorized, offence committed, forfeiture penalty or liability incurred, action prosecution or proceeding commenced, under the authority of or against the provisions of any such Act before the passing of this Act.
3 Rating Act and Regulation of Local Elections Act incorporated.
“The Rating Act, 1876,”
and “The Regulation of Local Elections Act, 1876,”
are incorporated with and shall be read as a part of this Act.
4 Interpretation.
The several expressions following have in this Act the several meanings herein assigned to each respectively, unless anything in the subject or context is repugnant to such meaning:—
“Writing” includes printing and anything partly written and partly printed.
An “ordinary vacancy”
in any office means a vacancy occurring on a day and in a manner fixed by this Act.
An “extraordinary vacancy”
means a vacancy arising from death, resignation, incapacity, ouster of office, or otherwise, on a day not so fixed.
A resignation must be in writing signed by the person resigning, and delivered to the Mayor or Town Clerk.
A “divided borough”
means a borough divided into wards. An “undivided borough”
means a borough not divided into wards.
“Rateable value” means rateable value as defined by “The Rating Act, 1876.”
“Office hours” means the days and hours during which the office to which it refers is kept open for the transaction of business under any regulations of the Council of borough, excepting Sundays, Good Friday, Christmas Day, and public holidays.
“Borough” includes city.
“Burgesses” includes citizens.
When anything is required to be “published”
or “publicly notified,”
or “public notice”
of anything is to be given, it is meant that a notice thereof shall be published in some newspaper circulating in the borough, or where there is no such newspaper in general circulation, then that printed placards containing the notice shall be affixed to public places in the borough.
“Schedule” means a Schedule to this Act; and all such Schedules are a part of this Act.
“Owner of any property” means the person for the time being entitled to the rack-rent thereof.
“Valuation roll” means the valuation roll made under the provisions of “The Rating Act, 1876.”
“Election” and “elected”
mean an election or a person elected under the provisions of “The Regulation of Local Elections Act, 1876.”
“Rate-book” means the rate-book under the provisions of “The Rating Act, 1876.”
“Council” means the Borough Council constituted under this Act.
“Special order” means an order of the Borough Council made under the eighty-second section of this Act.
5 Of notices.
A notice required by this Act to be sent to any person, may be delivered to him personally or may be sent to the last-known place of abode or business of such person by messenger or by post.
(1.)
If such person is absent from the colony, the notice may be sent to his agent.
(2.)
If such person is not known, or has no known agent in the colony, and the notice relates to any land or buildings, the notice shall be deemed to be sent, if it is affixed in a conspicuous place on or to such land or building.
(3.)
A notice required to be sent to a Borough Council must be sent to the publicly notified office of such Borough Council.
(4.)
Every notice required to be sent by a Borough Council shall, unless it is otherwise provided, be under the hand of the Town Clerk.
(5.)
Where a notice is sent by post, it must be sent so as to arrive in the due course of post, on or before the latest time on which such notice is required to be served.
(6.)
Any summons, writ, or other legal proceeding requiring to be served on the Council, may be served by being left at the publicly notified office of the Council, or given personally to the Mayor or the Town Clerk.
6 Legal notices.
Every order, summons, notice, or other such document, requiring authentication by the Council, may be signed by any two Councillors or by the Town Clerk, and need not be under seal.
7 Town Clerk to represent Council in certain proceedings.
In all proceedings before Justices, and in proceedings under any Act in relation to bankrupts or insolvents, in respect of any claim by the Council against the estate of any bankrupt or insolvent, the Town Clerk may represent and may act on behalf of the Council.
8 Judges and Justices not interested as ratepayers.
No Judge or Justice shall be deemed to be interested in any case in which he is acting judicially solely on the ground that he is a ratepayer.
9 Of Sundays, &c.
When the day on which anything is herein required to be done falls on a Sunday, Good Friday, Christmas Day, or any public holiday, such thing shall be done on the day following.
10 Penalty for obstructing Council.
Every person who wilfully obstructs the Council or any officer thereof, in the performance of anything which they are respectively empowered by this or any other Act to do, shall be liable to a penalty of not more than ten pounds for every such offence.
11 Penalties to be recovered summarily.
All fines and penalties imposed by this Act, or any by-law made under the authority thereof, may, unless the contrary is expressed, be recovered before any two Justices of the Peace in a summary manner.
12 In certain cases, Governor may validate proceedings.
In any case in which no sufficient provision is made by this Act, or in which by any misadventure or accident anything is at any time done after the’ time required by this Act, or is otherwise irregularly done in matter of form, the Governor may, by Order in Council, gazetted and publicly notified, from time to time make provision for any such case, or may extend the time within which anything is required to be done, or may validate anything so done after the time required, or so irregularly done in matter of form, so that the true intent and purpose of this Act may have effect.
13 Signatures to petition to be counted by votes.
Wherever in this Act any petition is required to be signed by not less than a certain number of burgesses, or not less than a certain proportional part of all the burgesses, the number of votes to which each burgess is entitled may be set after his name in such petition, and the number of signatures thereto shall be deemed to be the total number of such votes, or the proportional part of all the votes on the burgess roll, as the case may be.
Part II OF BOROUGHS.
14 Boroughs under “The Municipal Corporations Act, 1867,”
to be boroughs. Second Schedule.
The boroughs constituted under the provisions of “The Municipal Corporations Act, 1867,”
and specified in the Second Schedule to this Act, shall be deemed to be boroughs constituted under this Act.
15 Otago boroughs may be proclaimed boroughs under this Act. Third Schedule.
The Governor may, by Proclamation, declare any of the several places specified in the Third Schedule in which a Municipal Corporation has been established under the provisions of an Ordinance of the Province of Otago intituled “The Otago Municipal Corporations Ordinance, 1865,”
to be a borough constituted under this Act, from a day to be named in such Proclamation; subject, however, to the following conditions:—
(1.)
That a petition is presented to the Governor from not less than fifty of the ratepayers thereof, praying the Governor to constitute such place a borough under this Act:
(2.)
That such petition is publicly notified before presentation to the Governor:
(3.)
That no petition from an equal or greater number of such ratepayers is presented to the Governor within two months after such public notification, praying the Governor not to assent to the prayer of the first petition.
16 Corporations under this Act to be the same Corporations as before.
When any place becomes a borough under this Act under the fourteenth or fifteenth sections thereof,—
(1.)
The Municipal Corporation of such borough constituted under this Act shall, in respect of all property, rights, claims, obligations, liabilities, contracts, and engagements, and for all purposes whatsoever in law or equity, be deemed to be the same Corporation as that existing in such place before its constitution as a borough under this Act.
(2.)
Every person holding any office in or under any such last-mentioned Corporation shall continue to hold such office until the time when, if appointed or elected under this Act, he might be removed from or would vacate the same. But any person elected to any such office after the first day of September in the present year shall continue to hold office until the day on which, if elected under the Act, he would vacate the same in the year one thousand eight hundred and seventy-seven.
(3.)
Any valuation of rateable property, and any burgesses’ or citizens’ list or roll in force in any place named in the Second Schedule or Third Schedule at the time when such place becomes a borough under this Act, shall be deemed to be the valuation roll and the burgess roll respectively, duly made under the provisions of this Act or of “The Rating Act, 1876.”
(4.)
All by-laws or regulations in force within any such borough at the time of its becoming a borough under this Act shall continue in force until altered or repealed in the manner provided by this Act.
(5.)
The New Plymouth Town Board constituted under the Taranaki Provincial Ordinance entitled “The Town Board of New Plymouth Ordinance, 1863,”
shall be deemed to have been a Corporation existing in such place before its constitution as a borough under this Act within the meaning of this section.
17 Governor may proclaim new boroughs.
The Governor may, by Proclamation, declare any district in New Zealand to be a borough under this Act, from and after a day to be named in such Proclamation, subject to the following conditions:—
(1.)
That such, district comprises one continuous area, containing not more than nine square miles, and not having within it any two points more than six miles distant from each other:
(2.)
That it contains a population of not less than two hundred and fifty resident householders:
(3.)
That a petition is presented to the Governor signed by not less than one hundred of such resident householders, praying the Governor to constitute such district a borough under this Act:
(4.)
That such petition describes the boundaries and area of the district proposed to be constituted a borough:
(5.)
That such petition is publicly notified before presentation to the Governor:
(6.)
That no petition signed by an equal or greater number of such resident householders is presented to the Governor within two months after the presentation of such first petition, praying him not to assent to the prayer thereof.
18 Signatures to petitions to be counted by votes.
If at the time of presenting such a petition there exists in the district to which it relates any local governing body empowered to levy rates, the rateable value of the property of each petitioner may be placed opposite his name in such petition; and the number of signatures shall in that case be deemed to be the number of votes which such petitioners would be entitled to give in respect of such rateable property at any election, if they were enrolled as burgesses under this Act.
19 Proclamation to set out boundaries of borough.
Every Proclamation constituting a borough shall set forth the name and boundaries thereof.
When any road or stream is on a boundary, the Proclamation shall specify one side or bank thereof as the boundary, so that such road or stream and both banks thereof shall be wholly within or without the borough.
20 Of bringing the Act into force in a new borough.
When any district is constituted a borough under the seventeenth section of this Act, the following provisions for bringing this Act into operation therein shall apply:—
(1.)
The Governor shall appoint a Town Clerk, who shall hold office until a Town Clerk is appointed by the Council.
(2.)
Such Town Clerk shall make up a burgess roll, as nearly as may be according to the provisions of this Act, from any list of ratepayers liable to be rated upon property in the district included in the borough; and the roll so made up shall be deemed to be the burgess roll until a fresh roll is made as by this Act provided.
(3.)
The Governor shall appoint a Returning Officer to hold the first election of Mayor, Councillors, and Auditors, and shall appoint the day or days for such elections.
(4.)
The Governor shall appoint the day for the first meeting of the Council, and shall have full power to do all things of what kind soever necessary to provide for bringing this Act into operation in such borough, according to the true intent and purpose of this Act.
21 Governor may divide a borough into wards.
If not less than one-fourth of the burgesses of a borough petition the Governor praying him to divide such borough into wards, the Governor may, by Proclamation, divide such borough into not less than three or more than six wards, and shall in such Proclamation assign such name and boundaries to each ward as he thinks fit.
22 Governor may redivide a borough into new wards.
If not less than one-fourth of the burgesses of each ward of a divided borough petition the Governor to alter the boundaries of such wards or to redivide the borough into other wards, the Governor may by Proclamation alter the boundaries of any wards, or may redivide the borough into new wards, with such names and boundaries as he thinks fit.
23 Governor may divide ward into two.
If not less than one-half of the burgesses of any ward of a divided borough petition the Governor praying him to divide such ward into two, and publish such petition, and no counter petition is presented to the Governor signed by not less than one-fourth of the burgesses of the other wards, within two months from such publication, the Governor may by Proclamation divide such ward into two wards, with such names and boundaries as he thinks fit.
24 Governor may abolish wards.
If not less than one-half of the burgesses of each ward of a divided borough petition the Governor to abolish such wards, the Governor may, by Proclamation, declare such wards to be abolished, and such borough shall thereafter be deemed to be an undivided borough.
25 Governor may incorporate adjoining district into borough.
The Governor may, by Proclamation, incorporate into a borough any district adjacent thereto not being a part of any existing borough, subject to the following conditions:—
(1.)
The Governor shall cause a notice to be published in the borough and in the said adjacent district, setting forth the boundaries of the district proposed to be incorporated into the borough.
(2.)
If the borough is divided into wards, such notice shall state the boundaries of the part of such district proposed to be added to each ward, or may state that the said district is proposed to constitute one or more separate wards in the borough.
(3.)
If, within two months after the publication of such notice, a petition is presented to the Governor, signed by not less than one-third of the burgesses of the borough, or a petition signed by not less than one-third of the resident householders of such district, praying that such district may not be incorporated into the borough, in either case no such Proclamation shall be issued.
(4.)
The whole borough, after such district is added to it, shall not contain more than nine square miles, nor have within it any two points more than six miles distant from each other.
26 Governor may alter proposed boundaries of boroughs.
If not less than one-half of the resident householders in any part of a district which it is proposed to constitute, or to include in a borough under the seventeenth or twenty-fifth sections, petition the Governor, praying him not to include such part in the borough, the Governor may, in any Proclamation issued under either of the said sections, alter the proposed boundaries so as not to include in the borough the part, or so much thereof as he thinks fit, described in the petition made under this section.
27 Signatures to petitions to be verified. Fourth Schedule.
The signatures to any such petition as aforesaid shall be verified by solemn declaration in the form in the Fourth Schedule, made and signed by some person or persons residing in the district to which the petition refers; and any person who forges any such petition or declaration, or any signature thereto, or utters the same knowing it to be forged, or makes any such declaration knowing the same to be false, shall be guilty of misdemeanour.
28 Governor may inquire into truth of petition.
If it is credibly represented to the Governor that any of the signatures to any such petition or declaration are false, or that any of the persons signing were not entitled so to sign, or that the statements in any such petition are untrue, or that the provisions of this Act in respect to such petition have not been complied with, the Governor may cause an inquiry to be made, and may adjourn the consideration of such petition till the result of such inquiry is known.
29 May appoint Commissioners to make inquiry.
The Governor may appoint one or more Commissioners to make such inquiry; and such Commissioners shall have power to summon witnesses and examine them upon oath, and to call for the production of any books or papers in their possession or control touching the subject-matter of such inquiry, and shall have all the powers to compel the attendance of witnesses and the answering of any questions, which may be exercised under any law for the time being in force by Justices exercising summary jurisdiction.
30 Foreshore may be added to a borough.
The Governor may at any time, upon the petition of the Mayor and Council of a borough, by a Proclamation publicly notified, alter the boundaries of a borough so as to include therein any part of the foreshore, or any land reclaimed from the sea adjacent to such borough, or any land which ought reasonably to be included in the borough.
31 District included in borough to cease to be part of county or road district.
Any district constituted or included within a borough under the seventeenth or twenty-fifth sections of this Act shall thereafter cease to be a part of the county and road district within which it was theretofore included; but such county or road district shall be deemed to be the same county or road district, and the Corporation thereof the same Corporation, as before such district was severed therefrom.
32 Financial arrangements on severance.
The Council and Board of such county and road district may severally agree with the Council of such borough as to the following things:—
(1.)
What part of the property real and personal of such county and road district respectively shall become the property of the borough;
(2.)
What part of the rates payable to such county or road district respectively, at the date of such severance, shall be deemed to be rates payable to such borough;
(3.)
What part of the liabilities and engagements of such county or road district respectively, outstanding at the date of such severance, shall be liabilities and engagements of such borough;
(4.)
What part of the interest and sinking fund of any loan raised by such county or road district respectively shall be payable by such borough.
And such agreement shall be in writing, and shall be final as between such county or road district and such borough.
33 Commissioners of Audit to decide in case of dispute.
If no such agreement is made in respect to a borough heretofore constituted within three months after the passing of this Act, and in respect to any district hereafter constituted or included in a borough, within two months after the first meeting of the Council of such borough after a district is so constituted or included, the Commissioners of Audit shall, upon the application of either of such Councils or Boards, hold an inquiry, and shall make an award as to the several matters mentioned in the thirty-second section, and their award thereon shall be final.
34 Property to vest in Corporation of borough.
All property, real or personal, allotted to the said borough by any such agreement or award, shall become vested in the Corporation thereof on and after the date of the constitution thereof, or the inclusion of any district therein, as the case may be.
35 Liabilities not affected.
Nothing herein contained shall in any way affect the rights or interests of any bondholder or other creditor of any County or Road Board from which a part has been taken to constitute or to be included in a borough, or shall relieve the ratepayers for the time being in the part so taken from their liability to pay any special rate made under the provisions of any Act or Ordinance as a security for any loan.
36 Sections of Municipal Corporations Act continued.
The sections from the thirty-first to the thirty-fifth inclusive shall be deemed to have been in force in respect to any district heretofore constituted or included in a borough under “The Municipal Corporations Act, 1867,”
and the road district of which it theretofore formed a part before the passing of this Act.
37 Inhabitants of every borough a Corporation.
The inhabitants of every borough constituted under this Act shall be a body corporate under the name of the Mayor, Councillors, and Burgesses of the borough, or the Mayor, Councillors, and Citizens of the city, and by that name shall have perpetual succession and a common seal, and shall be capable in law, by the Council of the borough or city, for the purposes and subject to the provisions of this Act, to do and suffer all things which bodies corporate may do and suffer.
Part III OF THE BURGESSES
38 Every person on the burgess roll a burgess.
Every person of the full age of twenty-one years, whose name appears on the burgess roll of a borough or any ward or wards of a borough, shall be a burgess of such borough so long as such roll is in force.
39 Number of votes of burgesses.
Except as hereinafter provided, every burgess shall be entitled to vote at every election occurring in the borough or in any ward or wards in which he is enrolled according to the following scale, that is to say,—
(1.)
If his rateable property, whether in one or more tenements, is valued on the valuation roll at less than fifty pounds, he shall have one vote.
(2.)
If such property is so valued at not less than fifty hut less than one hundred pounds, he shall have two votes.
(3.)
If such property is so valued at not less than one hundred hut less than one hundred and fifty pounds, he shall have three votes.
(4.)
If such property is so valued at not less than one hundred and fifty but less than three hundred and fifty pounds, he shall have four votes.
(5.)
If such property is valued at three hundred and fifty pounds and upwards, he shall have five votes.
But at any election of a Mayor or of Auditors each burgess shall have only one vote, and there shall be only one polling booth at some central part of the borough.
40 The defaulters’ list.
The Town Clerk of every borough shall, on or before the thirty-first day of March in each year, make out from the rate-book a list, to be called the “Defaulters’ list,”
of the names, arranged in the alphabetical order of their surnames, of all persons who have not then paid all the rates which, on or before the thirty-first day of December previous, they were then liable to pay.
41 The burgees list. Fifth Schedule.
The Town Clerk of every borough shall, on or before the thirty-first day of March in each year, make out in the form in the Fifth Schedule, from the valuation roll, a list to be called “the Burgess list,”
containing the names of all persons, arranged in the alphabetical order of their surnames, whose names appear on the valuation roll as occupiers of the several tenements therein mentioned, omitting therefrom the name of every person whose name is on the defaulters’ list; and he shall enter against each name the particulars indicated in the said Fifth Schedule.
42 Lists to be open for inspection.
The Town Clerk shall keep the burgess list and the defaulters’ list in his office, and allow them to be inspected without fee by all persons interested therein during all office hours until the fifteenth day of April inclusive; and he shall, on or as soon as possible after the first day of April, publicly notify that such lists are ready for inspection at his office.
43 Objections to burgess list.
Any person whose name is on the valuation roll may object to the burgess list on any of the following grounds:—
(1.)
That the name of any person on the valuation roll is not upon the burgess list.
(2.)
That the value of any property in the valuation roll is not correctly stated in the burgess list.
(3.)
That the name of any person is on the burgess list which is not on the valuation roll.
(4.)
That any person on the burgess list is not entitled to the number of votes, or is entitled to a greater number of votes than that stated on the burgess list.
(5.)
That any person is included in the burgess list who has not paid all the rates which he was liable to pay before the thirty-first day of December previous.
Sixth Schedule.
All such objections must be in writing under the hand of the objector, in the form in the Sixth Schedule, and must be addressed to the Town Clerk, and delivered at his office on or before the fifteenth day of April.
44 List of objections to be open for inspection.
The Town Clerk shall make and sign a list of all such objections in the form in the Seventh Schedule; and shall keep such list in his office and allow it to be inspected without fee by any person interested therein during all office hours from the sixteenth to the twenty-first day of April inclusive.
45 Council to hear objections.
The Council shall hold a sitting upon a day between the twenty-second and thirtieth days of April, both inclusive, to be appointed by the Mayor, and of which he shall give three days’ public notice, and shall at such sitting or at an adjourned sitting hear and determine all such claims and objections.
46 Amended burgess list to be burgess roll.
The Council shall amend the burgess list by correcting every error set forth in any such objection and proved to the satisfaction of the Council to exist therein; and the Mayor shall initial every alteration so made in the burgess list, and the Mayor and not less than two other members of the Council shall sign such list and certify thereon to its being correct; and the burgess list so corrected and certified shall be the burgess roll of the borough, and shall come into force upon the first day of June, and shall continue in force until a new burgess roll comes into force in like manner.
47 If defaulter pay rates, he may be put on burgess roll.
If any person whose name is on the defaulters’ list, or who is objected to on the ground that he has not paid his rates as above provided, pays such rates at any time before the burgess roll is certified and signed, his name shall be placed on the burgess roll.
48 Burgess roll to be evidence.
Any written or printed copy attested by the. Town Clerk to be a correct copy of the burgess roll shall be evidence of said roll and of the contents thereof, and shall be evidence that such burgess roll has been made according to law, unless the contrary is proved; and no defect in the title to office of any person exercising the duties thereof, making correcting or signing such roll by virtue of such office, shall invalidate such roll.
49 Separate burgess roll for each ward.
Where a borough is divided into wards there shall be a separate burgess roll for each ward instead of one for the whole borough; and all the provisions herein contained for making the burgess roll of the borough shall apply, mutatis mutandis, to making the burgess roll for each ward in a borough.
50 When borough divided or redivided, Town Clerk to divide burgess roll.
When a borough is first divided or is redivided into wards under the provisions of the twenty-first, twenty-second, and twenty-third sections, the Town Clerk shall forthwith make up from the burgess roll or rolls in force new burgess rolls for each such new ward, and shall place on the roll of each such ward the name of each burgess who appears from the valuation roll to be liable to be rated in respect of property in such ward, and shall assign to each the number of votes to which he is hereby entitled in respect of such property: And such rolls, when corrected by the Council and signed by the Mayor and any two Councillors, shall be the burgess rolls for such new wards until new rolls are made up in the May following.
Part IV THE MAYOR.
51 Mayor to be elected.
The burgesses of every borough shall upon the last Wednesday in the month of November in each year elect a Mayor for the borough, who shall enter into office on the third Wednesday in the month of December next following his election. Any person qualified to be and not incapable of being a Councillor under the provisions of this Act may be elected to be Mayor, and shall continue in office until his successor enters thereon.
52 Candidate to deposit £10.
Every candidate for the office of Mayor shall, at the time of his nomination, deposit with the Returning Officer the sum of ten pounds.
If any candidate does not poll one-eighth part of the number of votes polled by the successful candidate, such sum shall be forfeited, and the Returning Officer shall pay it into the Borough Fund; but if he polls not less than such one-eighth, or if he is elected without a poll, his deposit shall be returned to him immediately after the election, on demand.
53 Declaration of Mayor.
The Mayor shall, before entering upon his office, make and sign in the presence of the Council a declaration to the following effect:—“I, A.B., do solemnly declare that I will faithfully and impartially, and according to the best of my skill and judgment, execute the powers and authorities vested in me as Mayor of [stating the name of the borough] in virtue of ‘The Municipal Corporations Act, 1876.’”
54 Mayor to be a Councillor.
The Mayor shall be a Councillor in virtue of his office.
55 Town Clerk to notify election of Mayor to Colonial Secretary.
The Town Clerk shall upon every election of the Mayor forthwith give notice to the Colonial Secretary of the person elected.
56 Governor may appoint Mayor to be Justice of the Peace.
The Governor may, if he thinks fit, appoint any person elected to be the Mayor of a borough to be a Justice of the Peace; but such appointment shall remain in force only so long as such person continues to be Mayor.
57 In extraordinary vacancy, Councillors may appoint Mayor.
In any extraordinary vacancy of the office of Mayor, the Council may appoint one of the. Councillors to be Mayor, who shall temporarily hold office until such vacancy is filled by the election of a new Mayor; but if such vacancy occurs within three months before the day of the annual election of Mayor, the Councillor so appointed shall continue to hold the office of Mayor until such annual election.
The Councillor so appointed shall not thereby vacate his office as Councillor.
58 The Mayor may be paid a salary.
The Mayor may be paid such salary out of the Borough Fund as the Council from time to time directs; but it shall not be lawful to reduce the salary of the Mayor for the time being in office.
Part V OF THE COUNCIL
Of the Constitution of the Council
59 Number of Councillors.
In every borough there shall be a Council, consisting, exclusive of the Mayor, in undivided boroughs of nine Councillors, and in boroughs divided into wards of three Councillors for each ward.
When the Council of any borough consists, at the time of its becoming a borough under this Act, of more or fewer members than as by this Act provided, such Council shall be deemed to have been, and shall until the next ordinary election of Councillors hereunder continue to be, the duly constituted Council of such borough.
60 Qualification of Councillors.
Every burgess enrolled in respect of rateable property whose value, whether in one or more tenements or in one or more wards, amounts in the whole to not less than twenty-five pounds a year, shall be qualified to be a Councillor of the borough or of any ward thereof.
61 Who incapable of being Councillors.
The following persons shall be incapable of being or of being elected to be Councillors, that is to say,—
(1.)
A bankrupt or insolvent who has not obtained his final order of discharge:
(2.)
Any person attainted of treason, or convicted of felony, perjury, or of any infamous crime:
(3.)
Any person of unsound mind:
(4.)
Any person holding any office or place of profit under or in the gift of the Council, or being concerned or participating (other than as a shareholder in a company or partnership consisting of more than twenty persons) in any contract with or work to be done for the Council:
(5.)
Any person not having the qualification above mentioned.
62 Declaration of Councillor.
No person shall be capable of acting as Councillor until he has made and signed in the presence of the Mayor, or in the case of the Mayor in the presence of the Council, a declaration to the following effect:—“I, A.B., do solemnly declare that I will faithfully and impartially, and according to the best of my skill and judgment, execute the powers and authorities vested in me as a Councillor by virtue of ‘The Municipal Corporations Act, 1876.’”
63 Penalty for acting unlawfully as Councillor.
If any person does any act as a Councillor, being incapacitated as hereinbefore provided, except for unsoundness of mind, or before he has made and subscribed the declaration aforesaid, he shall be liable to a penalty of fifty pounds for every such offence, which may be recovered by any person with costs of suit in any Court of competent jurisdiction. But any such act done by a person so incapacitated before the recovery of the penalty shall be as valid as though he had not been under any such incapacity.
64 When Councillors go out of office.
On the second Thursday in September in each year, in the case of an undivided borough the three Councillors who have then been longest in office without re-election, and in the case of a divided borough the Councillor for each ward who has then been longest in office without re-election, shall go out of office; and if any two or more Councillors have been in office for equal periods, those who at their election received a lesser number of votes shall be deemed to have been longer in office than those who received a higher number; and if any such Councillors have received an equal number of votes, the Mayor shall decide the matter by lot in the presence of the Council.
65 Annual election of Councillors.
Upon the second Thursday in September in each year, the burgesses of every undivided borough shall elect three persons, and the burgesses of every ward in every divided borough shall elect one person, to be Councillors in the room of the Councillors going out of office.
66 First election of Councillors after borough divided.
At the first annual election of Councillors occurring after any borough has been divided or redivided into wards as above provided, all the Councillors shall go out of office, and the burgesses of each ward shall elect three persons as Councillors; and for the purpose of determining which of such Councillors shall go out of office in each of the two following years, those receiving a lesser number of votes at such election shall be deemed to have been longer in office than those receiving a higher number; and if any two receive an equal number, the Mayor shall decide the matter by lot in the presence of the Council.
67 Councillors, when to go out of office.
If the number of Councillors in any borough at the time this Act comes into operation therein differs from the number provided by this Act, all the Councillors shall go out of office on the day appointed for the first annual election under this Act, and the Councillors to go out of office in each of the two following years shall be determined as provided in the last preceding section.
68 Case of election for two wards.
If any person is elected to be a Councillor for two or more wards, he shall at the first meeting of the Council thereafter elect, or in default thereof the Council shall elect, for which of such wards he shall serve; and there shall he deemed to be an extraordinary vacancy in the office of Councillor for any other ward for which he was elected.
69 Councillor absent from four meetings to vacate office.
If a Councillor is absent without the leave of the Council from four consecutive ordinary meetings thereof, his office shall become vacant, and such vacancy shall be deemed to be an extraordinary vacancy.
Of the Proceedings of the Council
70 Annual and ordinary meetings.
The Council of every borough shall hold an annual meeting at noon on the third Wednesday in December in each year, at the office of the Council within the borough, for the installation of the Mayor and other business, and shall hold ordinary meetings for the transaction of general business at such stated times as the Council from time to time appoints.
71 Notices of meetings.
The Town Clerk shall give notice to each of the Councillors of the time appointed from time to time for ordinary meetings, and the Councillors shall attend such meetings without further notice of each meeting.
72 Mayor to preside at meetings of Council.
The Mayor shall, when present, preside at all meetings of the Council, and, in his absence, the Councillors shall elect some member present to be chairman of the meeting.
73 Majority to decide.
Every question coming before the Council shall be decided by open voting, and by the majority present, and, in case of an equality of votes, the Mayor, or Councillor acting as chairman, shall have a second or casting vote.
74 Quorum.
All powers vested in the Council may be exercised by a quorum, which shall consist of half the whole number of Councillors when that number is even, and of a majority of the whole number of Councillors when such number is odd; and no business shall be transacted at any meeting unless a quorum is present.
75 Councillors interested not to vote.
No Councillor shall vote upon or take any part in the discussion of any matter before the Council in which he has directly or indirectly, by himself or his partners, any interest; and any Councillor who knowingly offends against this section shall be liable to a penalty not exceeding fifty pounds for every such offence.
76 Adjournments.
Any meeting of the Council may be adjourned; and if a quorum is not present within half an hour of the time appointed for any meeting, the Councillors, or Councillor if there is only one present, or the Town Clerk if no Councillor is present, may adjourn such meeting to another day not later than three days thereafter. And notice of such adjourned meeting shall be given to each Councillor.
77 Business of ordinary meetings.
The ordinary meetings of the Council shall be held for transacting the ordinary business of the Council, and, amongst the rest, for appointing and removing the inferior officers of the Council and superintending their conduct, and for inquiring into the conduct of contractors or other persons employed to execute works, and into the state and progress of such works, and for ordering the expenditure of the Council, and generally for doing all things necessary to carry this Act into effect.
78 Meetings to be public.
Ordinary meetings of the Council shall be open to the public; but the Council may exclude strangers or any stranger on account of disorderly conduct.
79 Extraordinary business not to be transacted at ordinary meetings.
No extraordinary business shall be transacted at any ordinary meeting, unless due notice thereof has been given at a prior meeting, and notice thereof sent to each Councillor; and the Mayor shall determine what business shall be deemed to be extraordinary within the meaning of this section.
80 Revocation of resolutions.
Any resolution of a meeting of the Council may be revoked or altered at a subsequent meeting, either by a unanimous vote of all the Councillors, or subject to the condition that, seven days at least before such subsequent meeting, notice thereof and of the proposal to revoke or alter such resolution shall be given to each Councillor.
81 Special meetings.
The Council may at any time hold a special meeting, to be called either upon a resolution of the Council or upon a requisition in writing, delivered to the Town Clerk, and signed by the Mayor or by any three Councillors, and specifying the day for which such special meeting is to be called.
82 Special orders.
The power hereby given to do anything by “special order”
shall only be exercised as follows:—
(1.)
The resolution to do such thing shall be adopted at a special meeting:
(2.)
Such resolution shall be confirmed at a subsequent meeting held not sooner than four weeks thereafter:
(3.)
Public notice of such subsequent meeting and of such resolution shall be given once in each of the said four weeks, and a notice of such meeting given to each Councillor.
83 Notices of meetings.
Every notice of a meeting shall be in writing under the hand of the Town Clerk, and shall be sent to each Councillor two clear days at the least before such meeting; and in the case of extraordinary business to be brought before an ordinary meeting, or of a special meeting, or of the proposal to alter or revoke a resolution, the notice shall set forth the business to be brought before the meeting.
84 Committees.
The Council may from time to time appoint Committees for the regulation and management of such matters as it thinks fit, and may fix and alter the quorum, and appoint and remove the chairman, of any such Committee; and may discharge the same.
85 Proceedings of Committees.
Every such Committee may meet at such times and places as it thinks fit, and may adjourn any meeting, and in the absence of the chairman may appoint some member present to be chairman of any meeting; but no business shall be transacted at any meeting unless a quorum be present; and all questions shall be determined by a majority of votes of the members present, and in case of an equality of votes the chairman shall have an original and also a second or casting vote.
86 Defects in election or vacancies not to invalidate proceedings.
No proceeding of the Council, or of any Committee, or of any person acting as Councillor, shall be invalidated in consequence of there being a vacancy in the number of Councillors at the time of such proceeding, or by reason of the discovery, after such proceeding, that there was some defect in the election or appointment of any person so acting, or that he was incapable of being a Councillor.
87 Public offices.
The Council may from time to time provide and maintain public offices within the borough, with fitting furniture for the same, for holding the meetings and transacting the business of the Council and for the use of its officers, and for holding public meetings and transacting public business relating to the borough; and may purchase or rent land or buildings for such purpose, or may cause new buildings to be erected on any land belonging to or hired by the Council.
88 Town Clerk to attend at office of Council.
The Town Clerk or some other person appointed by the Council shall attend at the offices of the Council during office hours for the purpose of receiving notices and transacting the ordinary business of the Council; and public notice shall be given in the borough of the situation of the offices of the Council, and the office hours thereat.
89 Minutes of proceedings.
The Town Clerk shall keep the minutes of the proceedings of the Council in a book, in which he shall enter, subject to the direction of the Council, the names of the Councillors attending each meeting, and the names of the Councillors voting on each question for the decision of which a division shall be called, and every resolution, order, or other proceedings of the Council, and of every Committee when reported to the Council; and the minutes and proceedings of every meeting shall be read at the next meeting succeeding, and, if approved by the Council, or when amended as directed by the Council, shall be signed by the Chairman of such succeeding meeting.
90 Minutes to be evidence.
The minutes of proceedings of the Council kept as above provided shall be received as evidence of such proceedings, and the validity of all such proceedings shall be presumed unless the contrary is proved.
91 Minute book to be open for inspection.
The said minute book shall be kept in the office of the Town Clerk, and shall be open to inspection, without fee, during all office hours by any of the Councillors or burgesses or by any creditor of the Corporation.
Part VI THE AUDITORS
92 Election of Auditors.
On the first day of June in each year the burgesses shall elect two persons to be the Auditors of the borough; and every Auditor so elected shall hold office until the election of Auditors in the following year.
93 Qualification of Auditors.
Any person not incapable under subsections one, two, three, and four of section sixty-one of being a Councillor under this Act, and not being a Councillor, may be an Auditor.
94 In extraordinary vacancies, temporary Auditors may be appointed.
In any extraordinary vacancy in the office of an Auditor, the Council may, if necessary, appoint some person duly qualified to hold such office until the election of an Auditor; and in case an Auditor is at any time incapacitated by accident or illness from fulfilling the duties of his office, the Council may, if necessary, appoint some person duly qualified to be Auditor for the time being in his stead.
95 Salary of Auditors.
The Council may, from time to time, before the election of Auditors, fix such salary or remuneration to the office of Auditor for the ensuing year as it thinks fit, and pay the same out of the borough fund.
96 Duties of Auditors.
It shall be the duty of the Auditors to audit all the accounts of the borough as by this Act provided, and to make such further audit of such accounts or of any part thereof as they may from time to time be required by the Council to make.
Part VII OF OUSTER OF OFFICE
97 Mayor &c. may be summoned before Resident Magistrate’s Court to show cause.
Upon prima facie proof by affidavit or otherwise that the Mayor or any Councillor or Auditor is or has become incapable under the provisions of this Act of holding his office, the Resident Magistrate’s Court in or nearest to the borough may grant a summons, calling upon the person holding such office to show cause why he should not be adjudged to be ousted of the same.
98 If incapacity proved, he may be ousted of office.
If upon the return of such summons it appears to the Court, upon affidavit or oral evidence upon oath, that such person is incapable under the provisions of this Act of holding the said office, the Court may adjudge such person to he ousted of the same, and such person shall be ousted of such office accordingly.
99 Court to have ordinary powers as in civil cases.
In any such proceeding the Resident Magistrate’s Court may exercise all the powers which such Court may exercise in its ordinary jurisdiction in civil cases.
100 Disputed elections not to be heard.
No matter in relation to a disputed election shall be heard by the Resident Magistrate’s Court under the powers herein given.
101 Supreme Court not to hear such cases.
No question which may be tried under the provisions of this Part of this Act shall be tried in the Supreme Court; and no proceedings in the Resident Magistrate’s Court hereunder shall be removable into the Supreme Court by certiorari or otherwise.
Part VIII OF OFFICERS OF THE COUNCIL
102 Council to appoint all officers.
The Council may from time to time appoint, and may remove or reappoint, fit persons to be Treasurer, Town Clerk, Surveyor, Collectors, and all such other officers and servants as it thinks necessary to assist in the execution of this Act, and may pay such persons such salaries and allowances out of the borough funds as it thinks fit.
No Councillor shall be capable of holding any such office.
One person may hold two or more of such offices.
103 Penalty on officers for taking fees illegally.
If any person employed by the Council exacts or accepts on account of anything done by virtue of his office any fee or reward other than the salary or allowance appointed by the Council, or is in any pecuniary way concerned or interested in any bargain or contract made by the Council, he shall be incapable of being thereafter employed by the Council, and shall forfeit the sum of one hundred pounds, which any person may recover as a debt in any Court of competent jurisdiction, together with full costs of suit.
Part IX OF THE BOROUGH FUND
104 The Borough Fund.
The Borough Fund shall consist of the following moneys, that is to say,—
(1.)
All rates made and levied by the Council of the borough under any Act or Ordinance of the General Assembly, or of any Provincial Legislature.
(2.)
All tolls and rents of tolls so leviable.
(3.)
All rents and profits from property vested in the Corporation.
(4.)
All moneys received on account of waterworks, gasworks, or tramways.
(5.)
Such license fees as may for the time being be payable to the Corporation under any such Act or Ordinance from the issue of licenses for the sale of spirituous and fermented liquors, brewers’ and auctioneers’ licenses, and from dog taxes, and from any other fees or taxes which may be so payable.
(6.)
License fees payable for hawkers’ and pedlars’ licenses, hackney-carriage licenses, and all other licenses which the Council may be empowered to issue by virtue of this or any other Act or Ordinance.
(7.)
All fines and penalties recovered under the provisions of this Act, or of the Acts incorporated therewith, for any offences committed within the borough.
(8.)
All penalties for the breach of any by-law made under the authority of any Act or Ordinance.
(9.)
All moneys received by way of grant from the General Government.
(10.)
All moneys received by way of loan, as provided in this Act.
(11.)
All moneys received by way of subscription or voluntary contribution.
(12.)
All other moneys which may become the property of the Corporation of the borough.
105 Penalties to be paid into Borough Fund.
The Clerk or other proper officer of the Court in which any such fines or penalties are recovered shall pay the same into the Borough Bund at such times and in such manner as the Colonial Treasurer directs, subject to any law in force relating thereto.
106 Moneys to be paid into the Borough Fund in Bank.
All moneys belonging to the Corporation of the borough shall be paid into such Bank as the Council from time to time appoints and publicly notifies, hereinafter called “the Bank,”
to an account to be called “The Borough Bund Account.”
107 How moneys to be drawn from Bank.
No moneys shall be drawn out of the Bank except by authority of the Council, and shall be paid by cheque signed by the Treasurer, and countersigned by any two of such of the Councillors as the Council from time to time authorize to sign cheques.
Of Rates
108 General rates.
The Council of every borough shall once at least in every year, and from time to time as it thinks fit, make and levy general rates for the general purposes of the borough; but the total amount of such rates made for any one year shall not exceed one shilling in the pound.
109 Annual estimates.
Before making any such rate, the Council shall cause an estimate to be prepared of the proposed expenditure of the Council during the period for which the rate is to be made, showing any sums already available for such purpose, the additional sum required, the total rateable value of the property on the valuation roll, and the rate thereon necessary to raise the money required; and such estimate, being approved by the Council, shall be publicly notified in the borough one week before making the proposed rate.
110 Rate on district added to a borough.
When any district is incorporated into a borough under the twenty-second section of this Act, the Council may make and levy therein a general rate bearing to any general rate made for any period and then being levied in the borough the same proportion which the unexpired part of such period bears to the whole period; and if no valuation roll has been made in such district under “The Rating Act, 1876,”
such rate may be levied upon the basis of the last rate made in such district.
111 Separate rates.
If a majority of the burgesses in any part of a borough sign and present to the Council a petition, defining the boundaries of such part, and praying that a separate rate may be levied therein for the purpose of doing some work or improvement therein, the Council may, by special order, make and levy a separate rate on such part of the borough; but the total amount of all such separate rates made for any one year in any part of the borough shall not exceed one shilling in the pound.
A water rate, gas rate, or any similar rate made for any special work or purpose, shall be deemed to be a separate rate, although levied on the whole borough; but the limits of area, majority of ratepayers and amount of rates mentioned in reference to separate rates in this section shall not apply to such rates.
112 Special rates.
For the purpose of providing the interest and sinking fund upon any loan raised by the borough, the Council may, if it thinks fit, by special order make and levy special rates.
Every special rate shall be an annually recurring rate, and shall be payable at such interval as such special order directs; and shall be levied year by year, without further proceeding by the Council, until the loan in respect of which such special rate was made is paid off.
113 Special rate may be amended.
The Council may from time to time amend a special rate by increasing or diminishing the same, if necessary, so that the annual produce thereof shall suffice to provide the interest and sinking fund on account of the loan secured thereon.
But no special rate shall be diminished under the powers herein contained, except the Commissioners of Audit shall previously to any such reduction in writing approve thereof, and such reduction shall only continue for so long a period as such Commissioners shall approve.
114 Special rate may not be quashed.
No special rate shall be quashed by any proceedings in any Court or otherwise.
115 Rates may be remitted in case of poverty.
Upon the petition of any person praying for a remission of any rates upon the ground of extreme poverty, arising from accident or continued illness, or other cause beyond the control of such person, the Council may if it thinks fit, upon being satisfied after full inquiry that the allegations in such petition are true, remit the payment of any rates by the petitioner, either wholly or in part, or for such time as the Council thinks fit.
Of Collectors and Accountants
116 Officers intrusted with money to give security.
Before any officer intrusted by the Council with the custody or control of moneys by virtue of his office enters thereon, the Council shall take sufficient security from him for the faithful execution thereof.
117 Collectors to pay into Bank every Saturday.
Every Collector of rates rents or tolls, and every person receiving any moneys belonging to or on account of the Corporation of the borough, shall, at such times as the Council directs, pay all moneys so received by him into the Bank to the account of the Borough Fund; and shall in any case on the Saturday in each week so pay into the Bank all such moneys then in his hands.
118 The Bank to give receipts.
The Bank shall give receipts for all moneys so paid in, and any such receipts shall be a sufficient discharge to such Collector or other person for the amount named therein.
119 Collector to account for moneys he receives.
Every such Collector or other person shall, once at least in each week, give to the Treasurer a list of all moneys collected by him, showing by whom they were paid, and accompanied by the receipt of the Bank for such moneys.
120 Collector to give receipts to persons paying on numbered forms of receipts.
Every Collector shall give to every person paying rates a receipt for the same, in such form as the Council provides.
Forms of receipts shall be supplied to the Collector numbered with consecutive numbers; and the Collector shall account for the use of all such forms, and shall append to the list mentioned in the last section the number of the receipt which he has given to each person from whom he has received money.
Such receipts shall be exempt from stamp duty.
121 Collector to return lists of defaulters.
Every Collector shall from time to time, as directed, make a return to the Council of the names of all persons who have neglected or refused to pay any rates due by them.
122 Imprestees to account as directed.
Every person in whose hands any money is placed for expenditure on behalf of the Council shall render full and faithful accounts of the expenditure of all such moneys, at such times and in such manner and supported by such vouchers as the Council directs, and shall pay over the balance of any such moneys in his hands to any person appointed by the Council to receive the same on demand.
123 Moneys not accounted for may be recovered as debt.
If any moneys belonging to the Corporation appear at any time to be lying in the hands of any person, and not to be duly accounted for, such moneys shall be deemed to be a debt due by such person to the Corporation, and may be recovered by any person authorized by the Council in that behalf, together with full costs of suit in any Court of competent jurisdiction.
124 Persona refusing to deliver up moneys and papers may be sent to gaol.
If any person fails to render any accounts hereby required, or to deliver up the vouchers relating thereto in his possession, or to pay forthwith on demand the balance thereof as hereby required, or fails for five days after demand thereof to deliver up to the Council, or to any person authorized by the Council to receive the same, all matters and things in his possession or control belonging to the Council or relating to the execution of this Act, any two Justices may hear and determine the matter in a summary way, and may order such person to render such accounts, or to deliver up such matters or things, or to pay such balance, as hereby required: And if such person neglects or refuses to obey such order, he may be committed to gaol by any Justice for any period not exceeding six months.
125 Not to prevent any other remedy.
No such proceeding shall deprive the Council of any remedy which they might otherwise have against such person, or against any surety of such person.
Of Accounts and Audit
126 Treasurer to keep accounts.
The Treasurer shall keep full and true accounts, in which he shall enter every sum received into and every sum paid out of the Borough Fund Account in the order of date of each such receipt and payment.
The accounts of the Borough Fund shall be kept under the several heads as follow:—
The General Account.
(1.)
The General Account, which shall be credited with all moneys received which are not hereby required to be carried into any other account, and shall be charged with all the ordinary expenditure of the Council, and with any advances the Council thinks fit to make to the other Accounts hereinafter mentioned.
Such Account shall be prepared in such form and classified under such heads as the Governor from time to time directs.
The Separate Accounts.
(2.)
The Separate Accounts, consisting of the accounts of waterworks, gasworks, tramways, or other works for which separate rates or other moneys are provided and appropriated to separate purposes, or any moneys received in trust for any purpose; each of which severally shall be credited with the moneys received, and charged with all payments on account of the work, service or trust for which such separate rates or other funds are made or provided, and with the cost of collecting any such separate rate.
The Special Fund Accounts.
(3.)
The Special Fund Accounts, each of which severally shall be credited with all moneys raised by loan for a special purpose, and charged with the costs and charges of raising such loan and with the expenditure on account of such purpose, or with the repayment of any moneys theretofore borrowed, or advanced from the General Account, and expended on such purpose.
The Interest Accounts.
(4.)
The Interest Accounts, in which the account of the interest payable on each loan shall be credited with all moneys received on account of special rates (if any), or transferred from the General or any Separate Account to provide for such interest, and shall be charged with the interest paid on such loan, and with the cost of collecting any such special rate.
The Sinking Fund Accounts.
(5.)
The Sinking Fund Accounts, in which an account for each separate loan shall be credited with the sums provided for the repayment of such loan, either by way of sinking fund, comprising the interest and profits on the investments of such sinking fund, or by way of periodical drawings and repayments of debentures, and shall be charged with all moneys invested or paid, in repayment of such debentures.
127 Transfers from General Account to the other accounts.
If the balance in any of the said Accounts, other than the General Account, is at any time insufficient to meet the lawful charges thereon, the Council may transfer such sums as may be necessary from the General Account to meet the same, and may at any time repay any such advance out of any excess in the receipts over the liabilities of any such Account; but it shall not be lawful to make any transfer from any one to any other of the Accounts above mentioned, except as in this Act provided.
128 Balance sheet to be sent to Auditors.
Within fifteen days after the thirty-first day of March, and the thirtieth day of September, in each year, respectively, the Treasurer shall balance all the accounts, and shall prepare and send to the Auditors a balance sheet, being an abstract of receipt and expenditure on each of the accounts above mentioned for the six months ending on each of such days respectively.
129 To be audited and published.
The Auditors shall forthwith attend at the office of the Council, and shall examine the said half-yearly abstracts, and shall compare them with the Treasurer’s books, and with the Bank pass books, Bank receipts given to Collectors, vouchers and other documents explaining and supporting the same; and the Auditors shall, within fifteen days after receiving any such half-yearly balance sheet, certify to the same, either wholly or with such exceptions as they think fit, and return it to the Treasurer, who shall forthwith lay the same before the Council.
130 Penalty on obstructing Auditors.
If the Treasurer or any other person having the custody or control of any of the books or papers which the Auditors are hereby empowered to examine, refuses to produce the same, or in any way obstructs the Auditors in the examination thereof, he shall be liable to a penalty not exceeding fifty pounds.
131 Yearly balance sheet and statements.
On or before the fifteenth day of April in each year, the Treasurer shall prepare and send to the Auditors a yearly balance sheet, being an abstract of all the transactions in each of the accounts above mentioned during the year ending on the thirty-first day of March previous, together with the statements following:—
(1.)
A statement of the whole assets and liabilities of the borough upon the said thirty-first day of March.
(2.)
A statement of the public debt of the borough, showing the total debt outstanding under the head of each loan raised, and the sinking fund in the Bank or invested to provide for the repayment of each such loan.
(3.)
A statement of the reserves and other real estate belonging to the Corporation, showing the terms conditions and rents for which any parts thereof are let on lease or otherwise, and the amounts of the rents in arrear in each case.
132 To be certified by Auditors and published.
The Auditors shall certify to the correctness of such yearly balance sheet and statements, either wholly or with such exceptions as they think fit, and shall send the same to the Council on or before the thirtieth day of April; and the Council shall forthwith publish the same in the borough, with the report of the Auditors thereon.
133 Special annual meeting for auditing accounts.
Upon the second Tuesday in May in each year, the Council shall hold a special meeting for considering such balance sheet and statements, and the report of the Auditors; and if they think that such balance sheet fails to show fully and truly all the dealings with the borough funds, may make such alterations therein, not being contrary to the provisions of this Act, as they think fit, and shall finally settle the same; and the Mayor shall sign the balance sheet so settled, which, when so signed, shall be deemed to be the true accounts of the borough for all purposes.
134 Treasurer of borough to send annual accounts to the Colonial Treasurer.
The Treasurer of every borough shall, on or before the first day of June in each year, send to the Colonial Treasurer a copy of the balance sheet as signed by the Mayor for the year ending on the thirty-first day of March previous, together with such other accounts and particulars as the Colonial Treasurer directs; and the Colonial Treasurer shall lay the same before Parliament within ten days after its first sitting after he receives the same.
135 Upon petition, Governor may appoint special Auditor.
Upon a petition in that behalf, signed by not less than one-fourth of the burgesses for the time being of any borough, the Governor may appoint a special Auditor to audit the accounts of such borough; and such special Auditor shall, for the purpose of such audit, have all the powers which may by any law for the time being in force be exercised by the Commissioners of Audit in respect to the Public Account; and the precept of such special Auditor shall have the same effect as the precept of a Commissioner of Audit.
136 Special Auditor to report to the Governor.
Every such special Auditor shall report to the Governor the result of his inquiry; and the Governor shall lay every such report before Parliament within ten days after its first sitting after he has received the same.
137 Expenses of special audit.
All the expenses of such inquiry, with such allowance to the special Auditor as the Governor directs, shall, unless Parliament otherwise provides, be charged upon the General Account of the Borough Fund, and may be recovered from the Council.
138 Accounts to be open to inspection.
Any Councillor or burgess, or the Town Clerk, or any person holding any security charged upon the property of the borough, may inspect the accounts of the Treasurer, and take copies from any part thereof, at all reasonable times; and any person refusing or obstructing such inspection or copying of any account in his custody or control shall be liable to a penalty not exceeding five pounds for every such offence.
Part X OF LOANS
Ordinary Loans
139 Special loans may be raised for special purposes.
If at any time it is desired to raise money for the purpose of constructing or establishing public works deemed necessary for promoting the convenience and health of the inhabitants of any borough, and for promoting public instruction, it shall be lawful for the Corporation of a borough to borrow sums by way of special loan, subject to the following conditions.
140 Notice of special loan to be published.
The Council shall publish in the borough once in each week, for four successive weeks, a notice setting forth—
(1.)
The particular work proposed to be undertaken.
(2.)
The sum proposed to be borrowed for such purpose.
(3.)
Any special rate or tolls, or the rents and profits of any property which it is proposed to pledge as security for such loan, not being moneys received by way of grant from the General Government, or moneys theretofore pledged as security for any loan or appropriated to any special purpose.
141 Mayor to call a meeting of burgesses and give notice of poll.
The Mayor shall call a meeting of the burgesses for a day, not more than ten days after the last publication of such notice, to consider the said proposal, and shall preside at such meeting; and after due consideration and discussion of the proposal, the Mayor may give notice that a poll will be taken thereon.
142 How poll to be token.
The poll shall be taken as follows:—
(1.)
The Mayor shall publish a notice setting forth the day, not less than one nor more than three weeks from the day of the said meeting, on which the poll shall be taken.
(2.)
The Mayor shall give notice in writing to the Returning Officer requiring him to take the poll upon the day so appointed.
(3.)
The Returning Officer shall upon the said day proceed to take the poll in the manner provided by “The Regulation of Local Elections Act, 1876,”
for taking a poll at any election, and shall provide voting papers and all other things necessary for taking the poll.
Form of polling paper. Eighth Schedule.
(4.)
The voting papers shall be printed in the form in the Eighth Schedule, and shall contain in full the notice mentioned in the one hundred and fortieth section, with the words legibly printed below in two distinct lines—“I vote for the above proposal,”
and “I vote against the above proposal.”
(5.)
The voter shall erase one or other of the said lines, and his vote shall be deemed to be given according to the one of the said lines which he leaves unerased.
(6.)
All the provisions of “The Regulation of Local Elections Act, 1876,”
as regards taking a poll, shall, so far as they are applicable, and except as by this section otherwise provided, apply to the taking a poll on the proposal to raise a special loan.
143 Proposal for special loans must be carried by majority of one-fifth.
If the number of votes given for the proposal exceeds the number given against it by one-fifth or more than one-fifth of the latter, the resolution in favour of the proposal shall be deemed to be carried, and the Council may proceed with the proposal accordingly; but if there is not such a majority in favour of the proposal, the resolution shall be deemed to be rejected, and the Council shall not so proceed.
144 Mayor to declare number polled.
The Mayor shall forthwith give public notice of the number of votes recorded for and against the proposal as above provided, and shall declare the resolution to be carried or rejected as the case may be.
145 And send result of polling to Colonial Secretary.
When any such resolution is carried, the Mayor shall send a notice thereof to the Colonial Secretary, who shall publish the same in the New Zealand Gazette, and such notice so published shall be evidence that the raising of the loan to which it refers has been duly authorized under the provisions of this Act.
146 One special loan may be raised for several purposes.
If the Council of any borough desires to raise special loans for any two or more of the purposes for which special loans may be raised under this Act, the Council may raise the whole sum required for such purposes by one special loan, but shall, before raising the same, divide the sum to be raised, and appropriate such part thereof as it thinks fit to each of the purposes for which the loan is to be raised.
147 Two or more Councils may join in one loan.
The Councils of any two or more boroughs may unite to raise one joint special loan, in order to provide the sums required by each for any works for which a special loan may be raised under this Act; but the proposal to raise such loan must be carried by a poll, in the manner herein provided, by the burgesses of each such borough severally; and the borough funds of each borough pledged as a security for such loan shall be jointly and severally liable for the whole loan.
148 Special loan may be raised in some cases without a poll.
The Council of any borough may raise a special loan by special order, without taking any poll thereon as provided by the one hundred and forty-first and following sections of this Act, for the following purposes, namely,—·
(1.)
To repay any liabilities or overdraft existing at the time this Act comes into force in a borough, and incurred for any purpose for which a special loan may be raised.
(2.)
To pay off or consolidate any special loans theretofore raised.
Such repayment or consolidation may be effected in such manner and on such terms and conditions as the Council thinks fit; but the annual charge on the borough shall not be thereby increased.
(3.)
During the construction of the works for which any special loan is raised, the Council may pay out of such loan the first year’s interest thereon.
149 Certain loans to be special loans.
All loans heretofore authorized by any Act or Ordinance to be raised by any of the boroughs mentioned in the Second Schedule, and by any of the boroughs mentioned in the Third Schedule, which shall be constituted boroughs under this Act, shall be deemed to be special loans within the meaning of this Act.
Miscellaneous as to Borrowing
150 Form of debenture.
Every debenture issued under this Act shall be in the form in the Ninth Schedule, and shall be numbered consecutively, so that no debenture shall at any time bear the same number, and shall be for a sum of not less than twenty nor more than one thousand pounds.
151 Time and place of payment.
Every debenture shall be repayable, both as to principal and interest, at a place or places within or without the colony named in the debenture, and at a time or times named therein, not longer than fifty years from the issue thereof; and shall state on the face thereof the funds upon which the principal and interest is secured.
152 Coupons.
The interest on every debenture shall not exceed seven per centum on the amount thereof, and shall be payable half-yearly or otherwise; and separate coupons for each sum so payable, in the form in the Tenth Schedule, and numbered consecutively for each debenture, shall be attached thereto.
No such debenture shall be sold at such a price as to produce to the purchaser an interest of more than seven per cent on the price paid.
153 Debentures and coupons transferable by delivery.
Debentures and coupons respectively shall be transferable by delivery; and payment to any person in possession of any such debenture or coupon of the sum named therein shall discharge the Corporation of all liability in respect of such debenture or coupon.
No stamp duty shall be payable in respect of any such debenture or coupon.
154 Agents for raising loans.
The Council or united Councils may appoint any joint stock company, or any such company and one or more persons, or two or more persons, within or out of the colony, to be Agents for raising and managing any loan authorized to be raised under this Act, and such Agents shall have full power to raise such loan by bonds, debentures, or otherwise, in such manner, and either at once or such times, in such parts, and upon such terms and conditions, as such Council or united Councils direct.
All such bonds or debentures shall be signed by the Mayor, and countersigned by the Treasurer, or shall be signed by the Agents, if any, for raising the loan.
155 Hypothecation, &c.
Pending the raising of any such loan, such Agents may borrow any sum or sums of money, not exceeding the whole amount authorized to be borrowed, by the hypothecation or mortgage of any debentures hereby authorized to be issued, but all moneys so borrowed shall be a first charge upon, and shall be repaid out of, the loan when raised, and the rate of interest on moneys so borrowed shall in no case exceed seven per cent.
156 Overdrafts.
The Council may, in anticipation of its current revenue, from time to time borrow moneys from the Bank by way of overdraft; but the amount of such overdraft shall never at any time exceed the total amount of the income of the Council for the year ending the thirty-first of March previous, not including any moneys received by way of grant from the General Government, or any moneys borrowed or any moneys received for separate rates or special rates.
157 Councillors liable for moneys illegally borrowed.
If the Council of any borough at any time hereafter borrows any money or issues any debentures on the credit of the borough in excess of or otherwise than in accordance with the provisions of this Act in that behalf, all moneys so illegally borrowed shall be deemed to be a debt jointly and severally due to the Corporation from each and all of the members of the Council who consented to such illegal borrowing, and may be recovered from such members or any of them in any Court of competent jurisdiction, and may be sued for by any burgess on behalf of the Corporation.
158 Debenture-holders to have no claim on revenues of the colony.
No claim of any holder of debentures or coupons secured on the borough funds, or of any creditor of any Corporation, shall attach to or be paid out of the Public Revenues of New Zealand or by the General Government thereof.
Of the Repayment of Loans
159 Sinking funds.
Before raising any loan, the Council may make provision for the repayment thereof, either—
(1.)
By making, with or without a sinking fund, the whole loan repayable at a stated period, or any parts thereof at stated periods; or,
(2.)
By making any debentures of such loan repayable by periodical drawings.
160 May be charged on Borough Fund.
In order to provide funds for the creation of a sinking fund, or for the repayment of debentures coming due by periodical drawings, the Council may permanently appropriate any part of the borough funds, except moneys received by way of grant from the General Government, or moneys theretofore pledged as security for any loan or appropriated for any special purpose.
161 Sinking Fund Commissioners.
The Council shall appoint, and may from time to time remove and reappoint, Commissioners within or out of the colony, to whom they shall pay all moneys so appropriated as a sinking fund or for the repayment of debentures as above provided; and such Commissioners shall dispose of such moneys,—
(1.)
In the case of a sinking fund, by investing the same, together with all interest and profits accruing therefrom, in such securities as the Council from time to time directs;
(2.)
In the case of periodical drawings, by paying all debentures coining due, according to the conditions on which the loan is raised.
162 Who shall send accounts.
Such Commissioners shall send to the Council, at such times as the Council directs, accounts of all moneys and all securities in their hands, and shall, immediately after the thirty-first day of March in each year, send to the Council a balance sheet showing all transactions in respect of such moneys or securities during the year ending on such day. Such Commissioners shall, together with such balance sheet, send to the Council a certificate, under the hand of one of the Commissioners of Audit or such person as they may appoint for the purpose, of all the securities held by the Commissioners.
The Commissioners to be appointed under the one hundred and sixty-first section may be interpreted to mean the Public Trustee, or may include any joint stock company within or out of the colony as one of such Commissioners.
163 Sinking fund to be applied to pay off loan.
When the principal money of any loan becomes payable, the accumulated sinking fund provided for repaying the same shall be applied in the payment thereof.
164 Council may reborrow to pay off loans.
When the principal money of any loan becomes payable, except where the debentures of such loan are paid by periodical drawings as above provided, it shall be lawful for the Council to reborrow moneys under the provisions of this Act, for the purpose of paying so much of the said principal moneys as is not provided for by any accumulated sinking fund held for the payment thereof.
165 If debenture or coupon not paid when due, Receiver may be appointed.
If the sum Secured by any debenture or any coupon issued under this Act is not paid, upon presentation of such debenture or coupon respectively at the place where and the time when the same is payable, or at such place and at any time thereafter, the holder thereof may apply to a Judge of the Supreme Court, by petition in a summary way, for relief under this Act; and the Judge may, if satisfied of the truth of the matters alleged in such petition, appoint a Receiver of such part of the Borough Bund as is liable under the provisions of this Act for the payment of such debenture or coupon.
166 Borough funds to vest in Receiver.
Such part of the Borough Bund as is liable under the provisions of this Act for the principal and interest of the loan secured by any such debenture or coupon respectively, and as is specified in the order of the Judge in that behalf, and all securities held by the Council or by any Commissioners as above provided as accumulated sinking fund for the repayment of such loan, shall, from the date of the said order, vest in the Receiver, and shall cease to be vested in the Corporation or in the said Commissioners.
167 Powers for recovery of rates to vest in Receiver.
All powers for the recovery of rates tolls rents or other moneys of the Borough Bund shall, after the appointment of a Receiver, and in respect to all moneys hereby vested in him, cease to be exercised by the Council and shall be exercised by the Receiver.
168 Power of Receiver to amend special rate.
The Receiver shall, in respect of any special rates vested in him, have the power given to the Council to amend a special rate, as provided by the one hundred and thirteenth section of this Act; but such power shall be exercised only upon an order by a Judge of the Supreme Court.
169 Receiver to give security.
Every Receiver shall, before entering on his office, give such security for the faithful execution thereof as the Judge directs.
170 Application of money by Receiver.
All moneys received by the Receiver shall be applied only under the order of a Judge of the Supreme Court, as follows:—
(1.)
In the payment of the expenses of the application and order;
(2.)
In the payment of such remuneration to the Receiver, and in such expenses of his office, as the Judge directs;
(3.)
In the payment of the principal and interest of the loan in respect of which the Receiver is appointed;
(4.)
The residue, after payment of the above, in payment into the Borough Fund Account for the use of the Corporation: and the Receiver shall account for all such moneys in such manner as the Judge directs.
171 When the loan is paid off, Receiver’s powers to cease.
When all the principal and interest of the loan in respect of which the Receiver was appointed is paid, or at any time by an order of the Judge of the Supreme Court upon the application of the Council, the powers of the Receiver shall cease and shall revest in the Council; and he shall forthwith pay any moneys in his hands into the Borough Fund Account.
172 Debentures and coupons to be a debt of Corporation.
The sum of money named in any debenture and in any coupon shall, when the same respectively becomes payable, be a debt of the Corporation to the holder of such debenture or coupon for the amount named therein.
Part XI OF THE POWERS OF THE COUNCIL
General Powers
173 Contracts.
The Council may, in the name and on behalf of the Corporation, enter into any contract with any person for doing or supplying any thing which the Council is hereby authorized to do or which is necessary for the purposes of this Act.
174 How contracts to be executed.
Any contract which, if made between private persons, firstly, must be in writing under seal,
secondly, must be in writing signed by the parties thereto, thirdly, may be made verbally without writing,
when made with the Council,
in the first case shall be in writing under the seal of the Corporation,
in the second case shall be signed by two members of the Council on behalf of and by direction of such Council,
in the third case may be made verbally, without writing, by the Council, or by any two members thereof, on behalf of and by direction of such Council;
and all such contracts may be varied and discharged in the same manner respectively.
175 Contracts to be by tender.
No contract, the amount whereof exceeds twenty pounds, except in cases of urgent necessity, shall be made except after public tender, of which due public notice shall be given; but the Council shall not be compelled to accept the lowest tender.
176 Compounding.
The Council may compound with any person for such sum of money or other recompense as it thinks fit, in respect of the breach of any contract, or of any penalty incurred thereunder, or of any debt due to the Corporation, whether before or after any action or suit is brought for the recovery of the same.
177 Leasing lands.
The Council may let by way of lease any lands or buildings the property of the Corporation, subject to the conditions and with the exceptions following:—
(1.)
Such letting shall be by public auction, of which due public notice shall be given.
(2.)
No such lease shall be for a term of more than sixty-six years.
(3.)
The rent received shall be an annual rack-rent, without premium, and without covenant for renewal.
(4.)
Every such lease may contain such covenants as the Council thinks fit.
(5.)
No lands or buildings appropriated to the use or enjoyment of the inhabitants of the borough, or as grounds for recreation, shall be let under this section; but the Council may let the pasturage of such last-mentioned grounds for any period not exceeding one year—so, nevertheless, that the public shall not be in anywise restricted in the use and • enjoyment of such grounds.
178 Power to enter premises.
The Council shall have power, by themselves or their officers, without being deemed to commit trespass, to enter upon any unoccupied land or buildings within the borough, or upon any occupied land or buildings after giving to the occupier thereof twenty-four hours’ notice of such entry, for the purpose of making any surveys or doing any thing which the Council is empowered to do under the provisions of this Act.
179 Powers to take lands.
The Council may take any land within the borough for any of the purposes of this Act, in the manner provided by the Second Part of “The Public Works Act, 1876;”
but all land so taken shall be vested in the Corporation of the borough instead of in Her Majesty, as a the said Public Works Act provided.
180 Compensation.
Every person having any estate or interest in any land or buildings so taken, or suffering any damage by the exercise of any of the powers hereby given, shall be entitled to full compensation for the same, which may be claimed and shall be determined in the manner provided by the Third Part of the said Act; and in any such proceeding the Council shall be deemed to be the respondent within the meaning of the said Public Works Act.
181 Second and Third Parts of “The Public Works Act, 1876,”
incorporated.
The Second and Third Parts of the said Public Works Act shall be incorporated with and read as a part of this Act, the word “borough”
being read therein instead of the words “county”
or “road district”
or “district,”
and the words “Borough Council”
instead of the words “County Council”
or “Road Board”
or “Board.”
182 Council not to interfere with any Government work.
Nothing in this Act shall authorize the Council to interfere in any way with any Government work without the consent in writing of the Minister.
183 Additional powers of Council.
In addition to the powers hereby vested in the Council of every borough by the said Public Works Act, the Council of every borough shall have the powers hereinafter mentioned.
(1.) In respect of Streets
184 Definition of “street,”
“footway,”
“private street.”
The word “street”
means the whole of any public highway within the borough, and includes every public square or place therein, and every bridge ford and ferry on the line of a street.
“Footway” means so much of any street as is laid out or constructed by authority of the Council for foot-passengers only, and includes the edging or kerbing thereto.
“Private street” means a street, court or alley on or through which there is only a private right-of-way to lands and tenements separately occupied and fronting thereon.
185 Streets vested in the Council.
All streets within the borough, with the soil and materials thereof, shall be vested in the Corporation of the borough, and shall be under the control of the Council; and the Council shall have power in respect thereof to do the following things:—
(1.)
To construct and repair all streets with such materials and in such manner as the Council thinks fit.
(2.)
To lay out new streets.
(3.)
To alter the course of any street.
(4.)
To increase or diminish the width of any street.
(5.)
To stop the traffic on any street or part thereof whilst such street or any drains pipes or apparatus thereunder are being constructed or repaired.
(6.)
To make and use a temporary road upon any unoccupied land whilst the street adjacent thereto is being constructed or repaired.
186 Council to exercise powers to alter streets by special order only.
The Council shall exercise the power to make any new street, or divert alter or widen any existing street, only by special order in that behalf.
187 Council may sell land not required for street.
Where in altering or diminishing the width of any street any part thereof is no longer required for public use, the Council may sell such part to the owner of any adjoining land for a price to be fixed by a competent valuer appointed by the Council to value the same; and if no such owner, or more than one such owner, is willing to purchase the land at the price fixed, the Council may sell the same by public auction; and a conveyance under the seal of the Corporation shall constitute a good and valid title to such land.
188 Roads on boundaries of boroughs.
Where a road lies lengthways on the boundary of a borough, or where a bridge ferry or ford crosses a stream of which one bank is within a borough, such road bridge ferry or ford shall be under the control of and shall be maintained by the borough.
(1.)
The Council of the borough may recover from the Road Board of the road district of which any such road is also a boundary, a reasonable share of the annual cost of maintaining such road; and may recover from the Council of the county in which the other bank of such stream is a reasonable share of the annual cost of maintaining such bridge ferry or ford;
(2.)
The share of such cost for any one year, if not settled by mutual agreement, may be recovered in and the amount thereof shall be determined by any Resident Magistrate’s Court having jurisdiction in the borough.
(3.)
But if any tolls are collected in respect of such bridge or ferry, the sum so recoverable shall be only a share of any excess in the cost of maintaining such bridge or ferry over and above the amount of tolls collected.
189 Penalties for injury to streets.
If any person, not being authorized by the Council or by any Act or Ordinance, does any of the following things,—
(1.)
Encroaches on a street by making any building, fence, ditch or other obstacle or work of any kind upon, over, or under the same;
(2.)
Leaves on a street any timber, stones, or other material or rubbish;
(3.)
Digs up, removes, or alters in any way the soil or surface or scrapings of a street’;
(4.)
Fills up, alters, or obstructs any ditch, gutter or drain, whether on a street or elsewhere, made by the Council under the authority of this Act;
(5.)
Allows any filthy or noisome matter to flow from any premises or land in his occupation on to a street;
(6.)
Causes or allows any timber or other heavy material, not being wholly raised above the ground on wheels, to be dragged on a street;
(7.)
Does or causes to be done any other act by which any injury is done to any street,—
he shall for every such offence be liable to a penalty of not more than twenty pounds, and to a further sum equal to the cost incurred by the Council in removing any such encroachment or obstruction, or in repairing any such injury.
190 Map of borough. Levels of streets.
The Council of every borough shall, as soon as conveniently may be after the passing of this Act, cause a map of the borough to be made, showing all the streets and private streets therein, with the levels thereof as the same are or are intended to be or will be required to be permanently constructed; and such map shall be open for inspection by all burgesses at the offices of the Council.
191 Buildings to be exected with regard to levels of streets.
All buildings erected within the borough, and all private streets, shall be constructed with reference to the levels shown upon the said map.
192 Until map, Council may fix levels of streets.
Until such map is made, the Council may at any time fix the level of any street or private street not theretofore constructed, subject to the following conditions:—
(1.)
The Council shall publish in the borough a notice of its intention to fix such level, describing therein the street by name and situation, and the proposed level thereof by reference to plans to be open for inspection at a place named in such notice.
(2.)
The Council shall in such notice appoint a day, not being less than one month after the publication of such notice, at which it will hear all objections to the proposed level by persons affected thereby.
(3.)
All such objections must be in writing, addressed to and sent to the Council, not less than ten days before the said day of meeting.
(4.)
The Council shall hold a meeting on the day so notified, at which all persons having so made objections shall be entitled to be heard in support thereof.
(5.)
At such meeting the Council may, after considering all such objections, resolve to abandon the proposed level, or to adopt it with any alterations it thinks fit.
193 Levels of new streets.
The Council may lay out any new street, and fix the level thereof, without giving public notice or receiving or hearing objections as required by the last section.
A new street means any street not set forth in the said map, and any street shown therein but fronting upon which no buildings are erected.
194 Compensation for altering level of street.
If after fixing the level of any street as herein provided the Council alters such level, the owners of the lands or buildings fronting on such street shall be entitled to compensation for the actual damage caused by such alteration, to be recovered as provided by the said Public Works Act.
195 Persons laying out new streets to give notice to Council.
Every person intending to lay out a new street or private street shall give notice thereof in writing to the Council; and the Council shall, within two months after receiving such notice, fix the level of such new street or private street.
196 Council to fix level within two months.
If within such two months the Council fails to fix such level, such person may fix the same as he thinks fit, so as to be otherwise in compliance with the provisions of this Act; and any person affected by any subsequent alteration of level of any such street or private street by the Council, may recover from the Council all the expense and damage occasioned to him by such alteration.
197 Such person not giving notice liable for cost.
If any person lays out a new street or private street without giving the notice to the Council hereby required, he shall be liable to pay all the costs and damage which the Council or any other person may incur or suffer arising from any subsequent change the Council may make in the level of such street or private street.
198 Person building without regard to level liable for cost.
Any person who builds any house or other building abutting on a street or private street without regard to the level thereof fixed by the Council, shall be liable to pay any expenses which the Council deems it necessary to incur in altering the level or construction of such street or private street adjacent to such building.
199 Width of new streets and alleys.
Every street or private street laid out in any borough after the passing of this Act shall be not less than sixty-six feet wide measured at right angles to the course thereof; and every court or alley so laid out shall not be less than twenty feet wide so measured.
200 Courts and alleys to have two entrances.
Every such court or alley shall have two entrances, each of the full width thereof, and open from the ground upwards; and all courts and alleys shall, when the Council so directs, be secured against the entrance of animals or vehicles in such manner, and by and at the expense of such persons, as any by-law in that behalf directs.
201 Penalty for making new street contrary to the Act.
It shall not be lawful for any person to lay out or make any new street or private street in any borough except by permission of the Council and subject to such conditions as the Council thinks fit, and if any person lays out or makes any new street or private street contrary to the provisions of this Act, he shall be liable to a penalty of not more than ten pounds for every day during which such street or private street is so laid out or made, after a day on which he receives notice from the Council that such street or private street is contrary to this Act.
202 Footways.
The Council may lay out footways on one or both sides of the streets, and may construct the same, of such dimensions and of such materials, and in such manner in all respects as it thinks fit.
203 Cost of footways a charge on owners of buildings.
The cost of so constructing all such footways, or such proportion of such cost as the Council from time to time directs, shall be a charge upon the owners or occupiers of the lands and buildings fronting on such footways.
(1.)
Such cost and charge may be fixed by the Council by any by-law in that behalf, according to the description, dimensions, and materials of the footway.
(2.)
The charge upon each owner or occupier of such lands or buildings shall be in proportion to the length of the footway adjoining such lands or buildings.
(3.)
Such charge shall be deemed to be, and may be recovered as, a separate rate.
(4.)
Any occupier paying any such charge may deduct the same from any rent payable to, or may otherwise recover the same from, the owner of the lands or buildings in respect of which he has paid the same.
204 Any person may amend footway by instructions of Council.
Any person desirous of constructing or altering any footway may give notice in writing to the Council of the proposed work; and the Council shall, within one week after receiving such notice, send to such person written instructions for doing such work, as to the dimensions, materials, levels, and all other particulars respecting the same and such person may do such work in accordance with such instructions.
205 If instructions disregarded, such person liable for cost.
If any person commences any such work without giving such notice, or does it in any way contrary to such instructions, the Council may require him forthwith to remove the same, or, in default thereof, may remove such work, or make such alterations therein as it thinks fit, and may recover the cost of such removal or alteration from such person.
206 If Council fails to give instructions, persons not liable.
If the Council neglects to give such instructions within the said week, the person having given such notice may proceed with the proposed work, and shall not be liable for any alteration thereafter made therein by the Council.
207 Council may require owner of land to fence.
The Council may, by an order in writing, require the owner or occupier of any land not separated from the streets or public places by a sufficient fence, to enclose the same by a fence to the satisfaction of the Council, within a time named in such order; and if such owner or occupier neglects or refuses to enclose such land in the manner and within the time expressed in such order, the Council may fence in such land in such manner as it thinks fit, and may recover the cost thereof from such owner or occupier.
208 Council may require dangerous places to be secured.
The Council may, by an order in writing, require the owner or occupier of any land upon which there is any hole well excavation or other place dangerous to persons passing along any street or public place or private street in the borough, forthwith to fill in, cover or enclose the same; and if such order is not obeyed to the satisfaction of the Council within twenty-four hours from the service thereof, the Council may fill in, cover or enclose such dangerous place as it thinks fit, and may recover the cost of so doing from such owner or occupier.
209 Council may require pipes and drains to be altered.
The Council may, by notice in writing, require the owner of any water or gas pipe, drain or other apparatus in or under a street, to raise, lower, or otherwise alter the same as the Council directs; and if such alteration is not made with all convenient speed, the Council may make the same as it thinks fit; but the cost of any such alteration and any damage occasioned thereby shall be paid by and may be recovered from the Council by any person affected thereby.
210 Powers of Council over private streets.
With respect to any private street, the Council may do the following things:—
(1.)
May order any projection or obstruction in or over any part thereof to be removed, and, in default of such removal with all reasonable expedition, may remove such projection or obstruction at the expense of the person causing the same, or to whom the same belongs.
(2.)
May, by notice in writing, require the owners of land or buildings abutting on such private street, to construct, or repair or provide for the proper drainage of the same within a time named in such notice, with materials and in a manner to the satisfaction of the Council.
Every such owner shall be liable for the construction, repair and drainage of so much of such private street as lies between his land and the middle line thereof.
(3.)
In default of such work being done to the satisfaction of the Council within the time mentioned in such notice, the Council may construct, repair and drain such private street in such manner as it thinks fit; and in such case may charge each occupier of such land or buildings with a share of the whole cost of such work, in proportion to the extent of the work for which he is hereby liable.
(4.)
Such charge shall be deemed to be, and may be recovered as, a separate rate.
Any occupier may deduct any sum so paid from any rent due by him, or may otherwise recover the same from the owner of the land or building in respect of which he paid the same.
211 Private street may be declared public street.
The Council may, by a-special order, declare any private street to be, and such private street shall from the day named in such special order become, a public street, subject however to the following conditions:—
(1.)
The private street shall be first constructed in such manner and of such materials as the Council approves.
(2.)
A petition signed by the owners or occupiers of lands or houses abutting on such private street, the sum of whose rateable value is more than half the sum of the rateable value of all the lands and houses abutting on the said street, shall be presented to the Council praying that the same may be made a public street.
(3.)
Such special order shall be sealed with the seal of the Corporation, and shall be publicly notified in the borough not less than seven days before the same comes into force.
212 Council to take precaution against accidents.
The Council shall take all sufficient precautions to prevent accidents during the construction or repair of any street, or when any opening is made therein for the repair of drains or gas-pipes or for any other purpose, by erecting bars or fences across any such street or round any dangerous place therein, and shall cause any such place to be sufficiently lighted by night; and any person removing any such protective work, or removing or extinguishing any such light, without the authority of the Council, shall be liable to a penalty of not more that ten pounds.
213 Tolls on streets.
The Council may, by special order, establish toll-gates and take tolls at any bridge or ferry within the borough or under the control of the Council; and for such purpose the sections of “The Public Works Act, 1876,”
relating to tolls, shall be read as a part of this Act: the words “County Council,”
“Road Board,”
and “Board”
being each respectively taken to mean the Borough Council.
(2.) In respect of Drainage
214 Public drains vested in the Council.
All public drains in the borough shall be vested in the Council.
215 Special loan for drainage.
For the purpose of providing an efficient system of drainage for the borough, the Council may borrow moneys by way of special loan, in the manner provided by this Act.
A separate account shall be kept of all moneys received and expended on account of such loan; and it shall not be lawful to expend any such moneys in the maintenance or repair of such drainage works, or for any purpose other than in the construction thereof.
216 Council may acquire lands for drainage.
The Council may purchase or take under the provisions of “The Public Works Act, 1876,”
any lands within the borough required for the good and efficient drainage of the borough, and may provide all buildings, engines, machinery, and other things necessary for such purpose.
217 Drainage map of borough.
The Council of every borough shall, as soon as conveniently may be after the passing of this Act, cause a map to be made, showing the course and levels of all drains made or intended to be made for the efficient drainage of the borough; and may from time to time cause any new drains, found to be necessary, to be marked on such map.
218 Council may construct drains in streets.
The Council may cause to be constructed, of such dimensions and such materials as it thinks fit, upon or under the streets and public places within the borough, all such drains as are from time to time shown on the said map, and may alter repair and cleanse the same, and, until such map is made, may construct alter repair and cleanse all such drains as the Council from time to time thinks needful for the efficient drainage of the borough.
219 Drains may be made on private lands.
The Council may make any such drain upon or under any private lands or buildings within the borough, subject to the following conditions:—
(1.)
A plan and description of such drain, showing how it affects any such land or buildings, shall be deposited for public inspection at some place within the borough.
(2.)
The Council shall give notice in writing to the occupier and also to the owner, when known, of such land or buildings, of the intention to construct such drain, and shall refer in such notice to such plan and description, and state where the same are on view.
In the case of unoccupied land or buildings of which the owner is not known, such notice may be served by being affixed in a conspicuous place thereon or thereto.
(3.)
If, within one month after such notice given, the said occupier or owner serves on the Council a written objection to the proposed work, the Council shall appoint a day for hearing such objection, and shall give notice of the same to the objector.
(4.)
The Council shall hold a meeting on the day so appointed, and may, after hearing any person making such objection, if present, determine to abandon the work proposed, or to proceed therewith with or without such alterations as the Council thinks fit.
(5.)
But it shall not be lawful for the Council to make any such drain other than an underground covered drain without the permission of the owners in writing first obtained, and any drain carried under any building shall be constructed of brick, stone, or tiles.
220 Channels for surface water.
If surface or storm water lies upon any land in the borough, the Council may make an open drain so as to carry off such water into the public drain most convenient for the purpose, but shall do as little damage as possible thereby, and shall not make such drain under or so as to interfere with any building. And the Council may recover the cost of such drain from the owners or occupiers of the lands drained thereby in such proportion as the Council thinks fair.
221 Premises within one hundred feet of the sea or a public drain may be drained.
If any land or building within the borough, lying within one hundred feet from the sea or from a public drain, can be and is not drained by some pipe or drain to the satisfaction of the Council, the Council may make such drain as it thinks necessary to carry the drainage of such building to the sea or to such public drain, and may recover the cost of such work, not exceeding one year’s rack-rent of such land or building, from the owner or occupier thereof.
222 Penalty for interfering with public drains.
If any person not having the written authority of the Council in that behalf, makes any private drain connected with a public drain, or in any way stops or obstructs any such public drain, he shall be liable, to a penalty of not more than twenty pounds; and the Council may remove such private drain, or alter the same as it thinks fit, and may recover from such person the full cost of removing such obstruction, or of removing or altering such private drain, and of all damage done thereby.
223 Council may make drains outside the borough.
The Council may make such main drains as it thinks necessary through any lands outside the borough for the purpose of carrying off the sewage matter therefrom into the sea or into any tidal river, or to any places convenient for the purpose of collecting, utilizing, and selling such sewage matter for agricultural and other purposes.
224 Council not to construct drains without leave of Harbour Board.
It shall not be lawful for the Council to construct any drain whereby any silt or refuse matter is carried into any harbour or other waters under the control of any Harbour Board, except on such conditions and in such manner as are approved of by such Harbour Board.
225 Drain may be made under a road with notice to County Council or Road Board.
The Council may make such drain under any road outside the borough, but shall give one month’s notice in writing to the County Council or Road Board having the control of such road before interfering with the same. If the said Council or Board object to the proposed work, the matter shall be referred to the Minister for Public Works, whose decision thereon shall be final.
226 Council may by agreement use county drain.
The Council may agree with any County Council or Road Board for the use of any drain under its control for the purpose of carrying off the sewage matter of the borough, upon such terms and conditions for such use, or for the alteration, enlarging, covering in or maintaining such drain, as may be agreed on by the Councils of such borough and county.
227 Provisions of Act to apply to drains outside a borough.
All the provisions of this Act in respect to drains within the borough shall equally apply to the main drains and places for the receptacle of sewage matter which the Council is hereby authorized to make or provide outside the borough.
228 Council not to create a nuisance.
Nothing in this Act shall be deemed to entitle the Council to create a nuisance, or to deprive any person of any right or remedy he would otherwise have against the Corporation or any other person in respect of any such nuisance.
229 Christchurch Drainage Act not altered.
Nothing in this Act shall be deemed to repeal or alter any of the provisions of “The Christchurch District Drainage Act, 1875,”
or to authorize any interference by the Christchurch City Council with any drains or other works under the control of the Board constituted by the said Act without the consent of such Board.
230 Difference between Council and Harbour Board to be settled by arbitration.
If the Council and Harbour Board are unable to agree as to the mode of disposing of any silt or refuse matter, or as to any other matter in which the powers and duties of such Council and Harbour Board conflict, the Governor shall upon the application of either party appoint some fit person to be an arbitrator in the matter, and his decision thereon shall be final.
(3.) In respect of Nuisances
231 Council may prevent nuisances.
The Council may adopt all such measures as it thinks fit for preventing and suppressing nuisances in the borough, and for such purpose may from time to time appoint, and may remove and reappoint, one or more persons to be Inspector of Nuisances.
232 Inspectors of Nuisances.
Every Inspector of Nuisances shall be appointed by warrant under the hand of the Mayor, and shall produce such warrant when so required by any person upon whose premises he enters in the course of his duty; and the Council shall publicly notify in the borough every appointment, resignation or removal of an Inspector of Nuisances.
233 Penalty on Inspector acting without warrant.
Any person representing himself to be an Inspector of Nuisances not having such warrant, or acting under such a warrant after he has ceased to hold such office, shall be liable to a penalty not exceeding fifty pounds.
234 Duties of Inspectors of Nuisances.
It shall be the duty of any Inspector of Nuisances, and he shall have full power, to do the following things:—
(1.)
To report from time to time to the Council upon the state as to cleanliness of all the streets, private streets, public places, and drains within the borough, and as to any nuisances therein.
(2.)
To visit and inspect all buildings in which any manufactory trade or business is carried on which from its nature may become offensive to the inhabitants of the borough or injurious to the public health, and to report to the Council as to the state of cleanliness of all such places.
The decision of the Council as to what building may be inspected hereunder shall be final.
(3.)
To visit and inspect the back yards and premises, privies, cesspools, drains, and other receptacles of dirt or rubbish or sewage matter, belonging to or used by the inhabitants of any house or building in the borough, and to report to the Council any nuisance in any such place.
235 Penalty on obstructing Inspector of Nuisances.
If any person in any way wilfully obstructs an Inspector of Nuisances in the execution of his duty, he shall be liable to a penalty of not more than ten pounds.
236 Council may order premises to be cleaned.
Upon the report of an Inspector of Nuisances, the Council may, by an order in writing under the hand of the Mayor, direct the owner of any private street, or the owner or occupier of any land or buildings within the borough, within a time stated in such order effectually to clean and purify the same or any part thereof or any premises attached thereto, or to abate any nuisance thereon.
237 If premises not cleaned, Council may clean them.
If any such place is not effectually cleaned and purified, or any such nuisance is not abated, within the time stated in such order, to the satisfaction of the Council, it shall be lawful for the Inspector of Nuisances, under the authority of a warrant under the hand of the Mayor in that behalf, to enter upon any such private street, land or buildings with such assistance as may be necessary, and cause any such place to be effectually cleaned or any such nuisance abated, to the satisfaction of the Council; and the Council may recover the full cost of so doing from the owner or occupier of any private street, land or buildings so cleansed.
238 Council may require privies, &c., to be provided.
If any house in the borough is without such privy, closet, cesspool, drains, or other sanitary appliances as are required by any by-law in that behalf to be provided, and the owner or occupier of such house fails to provide any such appliances when required so to do by a notice in writing by the Council within the time in such notice mentioned, the Council may cause any such appliance required by any such by-law to be provided, and may recover the cost thereof from such owner or occupier.
Any occupier paying any such charge may deduct the same from any rent payable to, or may otherwise recover the same from, the owner of such house.
239 Case of disease likely to be propagated.
Upon the certificate of two duly qualified medical practitioners, or the affidavit of any three burgesses and the certificate of one qualified medical practitioner, that any building or place in the borough is in a condition likely to propagate disease or endanger the health of any person, the Mayor may, by warrant under his hand, require the owner or occupier of such building or place forthwith to cleanse, purify, and disinfect the same to the satisfaction of any medical practitioner or other person named in such warrant. And if such owner or occupier fails, within the time named in such warrant, to comply with the direction thereof, it’ shall be lawful for the Inspector of Nuisances, under the authority of a warrant under the hand of the Mayor in that behalf, to enter, with such assistance as may be necessary, upon such building or place, and to cleanse, purify, and disinfect the same; and the Council may recover the cost of such operation, together with the fees paid to the medical practitioners employed, from such owner or occupier.
240 Case of ruinous buildings.
If any building is in a ruinous condition, so as to be dangerous to persons in adjoining buildings or to passers-by,—
(1.)
The Council may put up a hoarding or fence so as to prevent persons approaching nearer than is safe thereto.
(2.)
The Council may give notice to the owner of such building to secure or pull down the same within a time named in such notice.
(3.)
If all danger is not removed by securing or taking down such building within such time, or by commencing so to do within such time and proceeding therein with all reasonable expedition, any two Justices may, upon the application of the Council, order such building to be secured or taken down as they think fit, within a time named in such order.
(4.)
If such order is not obeyed, the Council may cause such building to be secured or taken down in compliance therewith.
(5.)
The Council may recover from such owner the cost of any such hoarding or fence, and the cost of securing or taking down such building.
(6.)
Such notice or order may, in the absence of the owner, be served upon his agent, or upon the occupier (if any) of such building, or, if the building is unoccupied, by fixing the same on the building.
(7.)
If the building is taken down by the Council, the Council may sell the materials, or any part thereof, and apply the proceeds in payment of the expenses incurred under this section, and shall pay the residue, if any, to the owner on demand.
(8.)
In any case in which immediate danger is apprehended arising from the condition of any building, the Mayor may, upon the report of the Surveyor, by warrant under his hand, cause any measures to be taken necessary in his judgment to secure the safety of the public, until the next meeting of the Council.
(9.)
The word “building”
in this section includes any part of a building or anything affixed thereto.
(4.) And in respect of Waterworks
241 Definition of “waterworks.”
The word “waterworks”
includes all streams and waters, with all rights appertaining thereto, and all reservoirs, dams, tanks, and pipes, and all machinery and appliances of every kind acquired or constructed by the Council under the authority of this Act for conveying water to or throughout the borough.
242 Special loan for waterworks.
For the purpose of constructing waterworks, the Council may borrow moneys by way of Special Loan in the manner provided by this Act.
A separate account shall be kept of all moneys received and expended on account of such loan, and it shall not be lawful to expend any such moneys in the maintenance, repair or current expenses connected with the waterworks, or for any other purpose than in the construction thereof.
The whole of the waterworks constructed shall be a security for any such loan, and such loan shall be a first charge thereon.
243 Waterworks vested in the Corporation.
All such waterworks shall be vested in the Corporation.
244 Council may construct waterworks.
The Council may construct waterworks for the supply of pure water for the use of the inhabitants of the borough or of the shipping in any harbour adjoining, arid may keep the same in good repair, and may from time to time do all things necessary thereto; and therein especially may do the following things:—
(1.)
May make surveys upon any lands within or beyond the borough.
(2.)
May purchase or take under the provisions of “The Public Works Act, 1876,”
land within or beyond the borough.
(3.)
May purchase or take under the said provisions the waters of any stream within or beyond the borough.
(4.)
May break-up or dig into the surface of any street, private street, or public place within the borough, or of any road beyond the borough.
(5.)
May temporarily stop the traffic on any such street or road so far as is necessary for the construction or repair of any part of the waterworks.
(6.)
May alter any drain, sewer or gas-pipe on or under any such street or road so far as is necessary for such construction or repair.
245 Land and streams, how to be taken. Compensation.
Any land or water so taken for waterworks shall be taken under the provisions of the said Act; and any person suffering any damage by the exercise of any of the powers given by this Part of this Act may recover compensation for the same in the manner in the said Act provided.
246 Private lands to be entered under certain circumstances.
Nothing herein shall authorize the entering upon any private land without the consent of the owner, except for the purpose of making surveys, or until such land is taken by the Council as above provided; but if any pipe or other part of the waterworks is at any time, with such consent, put on or under any private land, the Council may thereafter enter thereon to repair such pipe or apparatus when required.
247 As to waterworks outside the borough.
As to such parts of the waterworks as lie beyond the borough, the following provisions shall apply:—
(1.)
Before interfering with any road or other public work for the purpose of constructing any waterworks, the Council shall give not less than one month’s notice to the County Council or Road Board having the control of such road or work.
(2.)
If such Council or Board objects to such interference, the matter shall be referred to the Minister for Public Works, whose decision thereon shall be final.
(3.)
The Council may at any time interfere with any such road or public work, so far to effect all necessary repairs in any, waterworks theretofore lawfully constructed on or under the same, but shall give to such Council or Board three days’ notice of their intention so to do.
(4.)
But in any sudden emergency or danger to the waterworks or to property adjoining, the Council may effect the necessary repairs forthwith, but shall as soon as possible give notice of their so doing to such Council or Board.
248 Council may determine ordinary supply.
The Council may from time to time determine, by by-laws to be made in that behalf, the quantity of water to be supplied which shall be deemed to be the “ordinary supply,”
and the manner in which the same shall be measured, whether by meter or otherwise.
249 And extraordinary supply.
Water supplied for the use of railways, manufactories, machinery, public baths and wash-houses, breweries, chemical works, livery stables, cattle, gardens or ornamental purposes, or for any other purpose defined in any by-law in that behalf, and any water in excess of the ordinary supply, shall be deemed an “extraordinary supply.”
250 Persons supplied with water to provide appliances.
Every person supplied with water from the waterworks shall provide such proper taps, stop-cocks and other apparatus as the Council requires, and shall keep the same in good repair so as to prevent the water running to waste; and in default of providing or keeping in repair any such apparatus, the Council may stop the supply of water to such person in any manner it thinks fit.
251 Council may inspect appliances in houses.
Any person acting under the authority of the Council may, between the hours of eight o’clock in the forenoon and six o’clock in the afternoon of any day except Sunday, enter into any land or building supplied with water from the waterworks, to see if such water is being wasted or misused; and if such person is refused admittance or obstructed in such examination, the Council may stop the supply of water in any manner it thinks fit.
252 Notice of removal of pipe to be given.
Any person may remove any pipe or other apparatus belonging to him connected with the waterworks, after giving to the Council fourteen days’ notice in writing of such his intention, and of the time of such removal, but shall be liable for all damage done to any part of the waterworks thereby; and if any person removes any such pipe or apparatus without giving such notice, he shall be liable to a penalty of not more than twenty pounds, and to pay for all damage done to the waterworks by such removal.
253 Water rates.
The Council may make and levy water rates as follows:—
(1.)
In respect of the ordinary supply,—
(a.)
Upon all lands and buildings to which water is supplied whose rateable value on the valuation roll—
does not exceed twelve pounds ten shillings, a rate not exceeding ten shillings per annum;
exceeds twelve pounds ten shillings, but does not exceed one hundred pounds, a rate not exceeding seven percent on such value;
exceeds one hundred pounds, but does not exceed two hundred pounds, a rate not exceeding six per cent, on such value;
exceeds two hundred pounds, but does not exceed three hundred pounds, a rate not exceeding five per cent on such value;
exceeds three hundred pounds, a rate not exceeding four per cent on such value.
(b.)
Upon all lands and buildings to which water can be but is not supplied, situate within one hundred yards from any part of the waterworks, a rate not exceeding one-half of the rates above mentioned.
(c.)
Upon all buildings used as stores or warehouses, or for any purposes other than as dwelling-houses, a rate of two and a half per cent on the rateable value.
(2.)
In respect of the extraordinary supply,—
such rates as may be fixed by any by-law in that behalf or as may be agreed on, subject to any such bylaw, with any person receiving such supply.
(3.)
In respect of any meter provided by the Council for measuring the quantity of water supplied, such annual charges as may be fixed by any by-law in that behalf.
254 Unoccupied dwelling to pay half rates.
Any dwelling-house remaining actually unoccupied for not less than six months in any year, if the owner or occupier gives notice in writing to the Council of the dates on which the same becomes vacant and on which it is again occupied, shall be rated at only one-half the amount otherwise payable in respect thereof.
255 Water rates payable in advance.
All water rates for an ordinary supply shall be payable in advance half-yearly, on such days as the Council determines.
In the case of any land or building becoming liable to a water rate during the currency of any such half-year, a part only of such rate proportionate to the unexpired part of such’ half-year shall be payable in advance on such liability accruing.
Water rates for an extraordinary supply and all other charges shall be paid at such times as the Council directs.
256 When rates not paid, supply may be stopped.
If any person refuses or fails to pay any water rate for which he is liable, the Council may, without prejudice to any other remedy for the recovery of such rate, stop the supply of water to the premises in respect of which such rate is payable, in such manner as the Council thinks fit, and may recover from such person the whole expense incurred in stopping such supply.
257 Supply of water outside the borough.
The Council may supply any person or body corporate outside the borough with water; and for such purpose all the provisions of this Part of this Act, and all the powers given to the Council thereby, shall apply equally to all places persons and things outside as-to the same within the borough.
The Council may supply such water to places outside the borough at such charges, and for such times, and on such terms and conditions, as the Council from time to time determines.
The Council may at any time, on giving three months’ notice in writing of such their intention, discontinue such supply of water outside the borough, without being liable to any compensation for such discontinuance or in any wise relating thereto.
258 Injuring reservoir, &c., felony.
If any person wilfully and maliciously does any act whereby any reservoir dam weir or sluice for storing a supply of water under the provisions of this Act is destroyed broken or injured, he shall be guilty of misdemeanour, and shall be liable on conviction to imprisonment with or without hard labour for any period not exceeding-three years.
259 Penalty for drawing off water from streams.
If any person does any act whereby the waters of any stream, being a part of any waterworks under this Act, are drawn off or diminished in quantity, and who does not immediately, on receiving notice in writing in that behalf from the Council, restore such stream to the state in which it was in all respects before such act, he shall be liable to a penalty of one hundred pounds for every day during which such act continues; and the Council may, if it thinks fit, itself restore such stream to the said former state, and may recover from such person all the expenses incurred by so doing.
260 Penalty for manufactories fouling water.
If any foul liquid or matter is suffered to flow into water being a part of any waterworks under this Act, from any gasworks or any other works or manufactory, the person carrying on such works or manufactory shall be liable to a penalty not exceeding one hundred pounds, and to a further penalty not exceeding fifty pounds for every day during which such offence is continued after such person has received notice in writing from the Council to discontinue the same.
261 Manufactories may be examined.
The Council may, after giving twenty-four hours’ notice to the person carrying on any such works or manufactory, enter thereupon and cause all the premises and works thereof to be thoroughly examined, in order to ascertain whether any foul liquid or matter therefrom is flowing into the waterworks; and if it appears upon such examination that such is the case, the Council may recover from such person all the expenses incurred by making such examination.
262 Penalties for offences against waterworks.
If any person does any of the following things,—
(1.)
Wilfully injures or destroys any part of the waterworks;
(2.)
Unlawfully draws off or diverts any water belonging to the waterworks;
(3.)
Wilfully or negligently allows any pipe or apparatus on his premises to be out of repair so that water is wasted, or alters any meter, or does or suffers any act whereby his supply of water is improperly increased;
(4.)
Not having agreed to be supplied with water from the waterworks, takes any such water from the supply furnished to another person;
(5.)
Being supplied with water from the waterworks, supplies another person who has not agreed to be so supplied with, or permits him to take, any such water;
(6.)
Bathes, or washes foul linen or other thing, in any water of the waterworks;
(7.)
Throws any animal or dirt or rubbish of any sort into such water;
(8.)
Allows any gas or any foul liquid or matter of any kind to flow or escape from any part of his premises, or any pipe or drain connected therewith, into any such water;
(9.)
Obstructs any person acting under the authority of the Council in doing anything which the Council is hereby empowered to do;
(10.)
Opens the ground so as to uncover any pipe belonging to the waterworks, or connects any pipe with such pipe, without giving the Council seven days’ notice in writing of his intention so to do;
(11.)
Connects any pipe with a pipe belonging to the waterworks without giving the Council two days’ notice in writing of the day and hour he proposes to do so;
(12.)
Connects any pipe with a pipe of the waterworks except in the presence of or contrary to the direction of the officer appointed by the Council to superintend the same, unless such officer fails to attend at the time named in the notice;
(13.)
Connects with a pipe of the waterworks any pipe of a strength or material not approved by the Council,—
he shall be liable to a penalty of not more than twenty pounds for each such offence, and to a further sum equal to the cost incurred by the Council in repairing the injury done to any part of the waterworks by any such act.
263 Water rates to be separate rates.
All moneys received as water rates or for the supply of water, or otherwise accruing from the waterworks, shall be deemed to be a separate rate and may be recovered accordingly.
264 Accounts of waterworks.
A separate account shall be kept of all moneys so received, which shall be charged—
(1.)
With such sums, to be transferred to the Interest and Sinking Fund Accounts as above provided, as shall be sufficient to pay the charges payable on any loan raised for the construction of waterworks; or, in case such charges are provided for by a special rate, then only such sums as may be necessary to make up the deficiency, if any, in such special rate:
(2.)
With all the cost of maintaining all the waterworks in good repair, and all the expenses connected with supplying water as herein provided.
265 Council may purchase waterworks out of loan.
The Council may, out of any moneys which may be applied to the construction of waterworks under this Act, purchase any waterworks theretofore constructed in the borough, and such waterworks, when purchased, shall be deemed to be waterworks constructed under this Act.
266 Council may contract for water supply.
The Council may contract, for any period not exceeding-three years at one time, with the owners of any waterworks or any other person or company for such supply of water as the Council thinks necessary for the purposes of this Act.
267 Dunedin Waterworks Act saving clause.
If the City of Dunedin shall be constituted a borough, under this Act, the provisions of “The Dunedin Waterworks Act, 1874,”
and “The Dunedin Waterworks Extension Act, 1875,”
shall remain in full force, anything in this Act notwithstanding.
(5.) And in respect of the Prevention of Fires
268 Council to fix fireplugs.
The Council shall fix fireplugs in the main pipes of the-waterworks in the borough at distances not more than one hundred yards from each other, and at the most convenient places for extinguishing any fire; and shall keep such fireplugs in effective order.
269 Keys of fireplugs to be kept at engine houses.
The Council shall deposit a key of the fireplugs at each station where a fire-engine is kept, and shall put upon any building-it thinks fit, near each fireplug, a conspicuous notice showing the situation thereof.
Any person removing or defacing any such notice shall be liable to a penalty of not more than five pounds.
270 Pipes to be kept charged with water.
Except in case of unusual drought, or of unavoidable-accident, or during necessary repairs, the Council shall keep the pipes in which fireplugs are fixed at all times charged with water; and shall allow all persons to take and use such water for extinguishing fire without any payment for the same.
271 Engines, &c., may be provided.
The Council may provide all such engines machinery appliances and buildings as it thinks fit for securing and promptly using an efficient supply of water from the waterworks for extinguishing fifes; but the cost of all such appliances, and the cost of providing the fireplugs above mentioned, shall be charged against and paid out of the General Account of the Borough Fund.
272 Fire Inspectors.
The Council may from time to time appoint, and may remove and reappoint, one or more Eire Inspectors. Every such appointment shall be by warrant under the hand of the Mayor; and every appointment, as well as every removal or resignation, of such officer shall be publicly notified in the borough.
273 Council may agree with Fire Brigades, &c.
The Council may agree with any Eire Brigade or other persons as to providing the necessary plant and extra labour for the purpose of extinguishing fires, and for the payment to any such Brigade-or persons, out of the General Account of the Borough Fund, of such remuneration by way of gratuity as the Council thinks fit.
274 Powers of Fire Inspectors.
A Eire Inspector may on the occasion of any fire occurring in the borough do the following things:—
(1.)
He may take the command of any Eire Brigade or other persons who by previous agreement with the Council have-placed their services at the disposal of the Council, or who for the time place themselves at his disposal;
(2.)
He may order any person engaged in extinguishing the fire (hereinafter called a “fireman”
), or any constable, to-remove any persons who by their presence or otherwise howsoever interfere with or impede the labours of the Fire-Brigade or other firemen in extinguishing the fire;
(3.)
He may take any measures he thinks best for the protection of life and property;
(4.)
He may, with any assistance he requires, break into, take possession of, or pull down any premises for preventing the spread of fire, doing however as little damage as possible thereby;
(5.)
He may interfere with the supply of water in the waterworks as he thinks fit, in order to get a greater supply or pressure in the neighbourhood of the fire;
and no penalty, damages, or claim for compensation, shall be recoverable by or against any person in consequence of any act done under the authority of this section.
275 Constables to assist Fire Inspectors.
All police constables are hereby authorized and required to aid every Fire Inspector in the execution of his duty, and may at their discretion clear any street in or near to which a fire is burning, and may remove any persons who by their presence or otherwise howsoever interfere with or impede the labours of the firemen.
276 Damage done by Fire Inspectors to be damage by fire.
All damage to property caused by any Fire Inspector, or any person acting under his orders, in the due execution of their duties under this Act, shall be deemed to be damage by fire within the meaning of any policy of insurance against fire, anything in such policy to the contrary notwithstanding.
(6.) And in respect of Lighting
277 Special loan for gasworks.
For the purpose of constructing gasworks, the Council may borrow moneys by way of special loan, in the manner provided by this Act.
A separate account shall be kept of all moneys received and expended on account of such loan; and it shall not be lawful to expend any such moneys in the maintenance, repair, or current expenses connected with the gasworks, or in any purpose other than the construction thereof.
The gasworks shall be a security for any such loan, and such loan shall be a first charge thereon.
All such gasworks shall be vested in the Corporation.
278 Council may establish gasworks.
The Council may do all things necessary to light the streets and public places of the borough with gas, and to supply gas to the inhabitants thereof; and therein especially may do the following things:—
(1.)
May acquire land and erect buildings within or without the borough.
(2.)
May procure and construct all machinery and plant necessary for gasworks.
(3.)
May lay pipes under the streets and public places.
(4.)
May alter any drains or water-pipes thereunder in such manner as may be necessary, but so as not to injuriously affect the same or to foul any water conveyed thereby.
(5.)
May erect lamp-posts with all requisite fittings thereto in the streets.
In case the supply of gas is at any time insufficient, the Council may use kerosene or any other material for lighting the streets.
(6.)
May do all things necessary to keep the gasworks, and everything appertaining to the supply of gas, in good repair.
279 Private persons may be supplied with gas.
Upon the written application of the owner or occupier of any building within one hundred yards of any main gas-pipe, the Council shall lay on such service-pipes, fittings, and gas meter as are requisite to supply such building with gas, and to measure the quantity consumed. Such service-pipes, gas meter and fittings shall be paid for by the applicant; and the Council may, before commencing such work, require any applicant to deposit a sum equal to the estimated cost thereof.
280 Private consumer to supply fittings.
Every private consumer of gas shall provide such gas-fittings and appliances for the proper combustion and for preventing the escape of gas as the Council approves of, and shall keep the same in good repair; and if any person neglects to provide or to repair such fittings and appliances when required to do so by the Council, the Council may cut off the supply of gas from the premises of such person.
281 Private buildings may be entered to inspect gas-fittings.
Any person acting under the authority of the Council may, between the hours of eight in the forenoon and six in the afternoon, on any day except Sunday, enter any building supplied with gas under this Act in order to examine the gas pipes and fittings and the gas meter therein; and if such person is refused admittance or obstructed, in such examination, the Council may cut off the supply of gas from such building.
282 Penalty for altering index of gas meter.
Any person who alters the index of, or in any other manner tampers with, a gas meter, with intent to defraud the Corporation, shall be liable to a penalty of not more than fifty pounds for every such offence.
283 Penalty for altering position of gas meter.
No private consumer of gas shall alter the position of any gas meter without giving the Council three days’ notice in writing of such his intention; and any such person making such alteration without such notice shall be liable to a penalty of not more than twenty pounds for every such offence.
284 Penalty for injuring gasworks.
Any person who wilfully destroys, injures, or displaces any gas pipe or fitting or other thing connected with the gasworks, shall be liable to a penalty of not more than fifty pounds, and shall also be liable to pay to the Corporation the cost of repairing any such injury.
285 Gas may be supplied outside the borough.
The Council may supply any person outside the borough with gas, upon such terms and conditions and at such rates as may be agreed on with such person, and for such purpose shall have the same powers outside of the borough as they have under the provisions of this Part of this Act within the same.
286 Private property not to be interfered with.
The Council are not hereby authorized to lay any part of the gasworks or anything connected therewith on or under any private property without the consent of the owner and occupier thereof; but the Council may enter upon any such property where gas pipes or fittings have been lawfully laid under this Act, and may alter, repair, or replace the same as it thinks fit.
287 Council may fix price of gas.
The Council may fix a uniform price at which gas shall be supplied to all private consumers and the times when the same shall be payable, and may from time to time alter the same as it thinks fit.
288 Gas rate.
The Council may, if it thinks fit, make and levy an annual rate, to be called the gas rate, upon all ratepayers in the borough for the purpose of lighting the streets and public buildings in the borough; but such rate shall not exceed sixpence in the pound in any one year.
289 Gas may be cut off from defaulter.
If any person fails to pay any moneys due on account of gas, or any such gas rate, the Council may, without prejudice to any other remedy in that behalf, cut off the supply of gas from the premises of such person.
290 All receipts for gas to be separate rates.
All moneys received as the price of gas supplied, or on account of a gas rate, shall be deemed to be a separate rate, and may be recovered accordingly.
291 Accounts of gas-works.
A separate account shall be kept of all moneys so received, which shall be charged as follows:—
(1.)
With such sums to be transferred, to the Interest and Sinking Fund Account as above provided as shall be, sufficient to pay the interest and sinking fund payable on any loan raised for the establishment of the gasworks.
(2.)
With all the cost of maintaining the gasworks in good repair, and all the expenses connected with making and supplying gas as herein provided.
(3.)
With any surplus remaining, which the Council is hereby empowered to transfer to the credit of the General Account.
292 Council may purchase gasworks out of loan.
The Council may, out of any moneys which may be applied to the construction of gasworks under this Act, purchase any gasworks theretofore constructed in the borough; and such gasworks shall, when so purchased, be deemed to be constructed under this Act.
Where gasworks are at any time established for the supply of gas in any borough under the authority of an Act of the General Assembly, it shall not be lawful for the Council to establish any other gasworks to supply the same locality or any part thereof except under the authority of a special Act in that behalf.
293 Gas companies may sell gasworks to a borough.
The Directors of any gas company in pursuance, in the case of a company registered under “The Joint Stock Companies Act, 1860,”
of a special resolution of the members passed in manner provided by that Act, and in the case of any other company of a resolution passed by a majority of three-fourths in number and value of the members present, either personally or by proxy, at a meeting specially convened, with notice of the business to be transacted, may sell and transfer to the Corporation of the borough, on such terms as may be agreed on between the Council and the company, all the rights powers and privileges, and all or any of the lands premises works and other property of the company, but subject to all the liabilities attached to the same at the time of such purchase.
294 Council may contract for lighting the streets.
The Council may contract with the owners of any gasworks to supply gas for lighting the streets, public places, and public buildings in the borough, upon such terms and conditions as it thinks fit.
(7.) And in respect of Tramways
295 Definition of tramway.
The word “tramway”
shall include all land and buildings acquired constructed and used for the purpose of working any tramway made under this Act.
296 Council may construct tramways.
The Council may construct and maintain tramways throughout the borough, subject to the conditions hereinafter mentioned.
297 Special loan for tramways.
For the purpose of constructing such tramways, the Council may borrow moneys by way of special loan, in the manner provided by this Act.
A separate account shall be kept of all moneys received and expended on account of such loan, and it shall not be lawful to expend any such moneys in the maintenance or repair of such tramways, or for any purpose other than in the construction thereof.
298 If no special loan raised, still poll to be taken.
If it is proposed to construct tramways without raising a special loan for the purpose, it shall nevertheless be first determined by the burgesses, in the manner provided in the case of raising a special loan, whether tramways shall or shall not be made in the borough; and all the provisions of the sections from the one hundred and fortieth to the one hundred and forty-fourth, inclusive, shall apply to the determination of such question.
The sections from the fifty-sixth to the eighty-ninth, inclusive, of “The Tramways Act, 1872,”
and so much of the said Act as empowers the Council of any borough to construct tramways thereunder, are hereby repealed;
299 Plans to be prepared and left on view.
Before publishing the notice mentioned in the one hundred and fortieth section, the Council shall cause plans and cross sections to be prepared, showing the nature of the works proposed to be undertaken, together with a description thereof.
Such plans shall be made on a scale of not less than six inches to a chain, and such cross sections on a scale of not less than one inch to four feet.
All such plans, sections, and description shall remain open for public inspection at the office of the Council during office hours during the four weeks mentioned in the said section.
300 Powers of Council in respect of tramways.
For the purpose of constructing and maintaining such tramways, the Council may do the following things:—
(1.)
May purchase or take under the provisions of “The Public Works Act, 1876,”
any lands necessary for such tramways.
(2.)
May make such tramways upon, over, or under any street, or over any river or stream within the borough, and may dig up and alter the surface of any street, and temporarily stop the traffic thereon.
But the level of any street fixed as provided by this Act shall not be altered thereby.
(3.)
May alter any drain, gas-pipe, water-pipe, or other apparatus upon or under any street, but so nevertheless that the flow of water or sewage matter, or the supply of gas or water, shall not be impeded or lessened thereby.
Before interfering with any gas, water, or other pipe or apparatus belonging to any person other than the Corporation, the Council shall appoint a competent Engineer to confer with such person, and to agree as to the manner in which the proposed alteration shall be made; and if no agreement can be come to between the parties, the matter shall be referred to two Justices, and the alteration shall be made in such manner as such Justices by any order in that behalf direct.
(4.)
May use horse or steam or other power for propelling carriages on the tramways.
(5.)
May regulate the traffic on the tramways, and the fares to be paid for the carriage of passengers and goods thereon.
301 Greatest breadth of carriages.
It shall not be lawful to use any carriage or rolling stock of any kind upon a tramway in a borough, the breadth of which, including anything attached thereto, measures more than seven and a half feet.
302 Penalty for offences in respect of tramways
If any person not having lawful excuse (the proof whereof shall lie on him) wilfully does any of the following things, namely,—
(1.)
Interferes with, removes or alters any part of a tramway, or of the works connected therewith, or injures or destroys any part of such tramway or works;
(2.)
Places or throws any stones wood dirt or other obstruction on any part of a tramway;
(3.)
Does anything so as to obstruct any carriage on a tramway, or to endanger the lives of persons therein or thereon;
(4.)
Destroys or injures any of the property of the Corporation connected with a tramway;
(5.)
Uses any part of a tramway with carriages having flange wheels, or wheels suitable only to run on the rails of such tramway;
(6.)
Knowingly causes, or aids or abets in, the doing of any such thing,—
he shall for every such offence be liable, in addition to any other proceeding by way of indictment or otherwise to which he may be subject, to a penalty not exceeding five pounds, and shall be further liable to pay the cost of any injury so done, or of removing any such obstruction.
303 All persons may use tramways.
Subject to the provisions of this Act, and to the regulations made by any by-laws under the authority thereof, all persons shall have a right to use any tramway for travelling and for the carriage of goods thereon.
304 Dangerous goods not to be carried. Penalty.
No person shall be entitled to carry on a tramway any goods of a dangerous nature; and if any person takes or sends any such goods on a tramway, without distinctly marking their nature on the outside of the package containing the same, he shall be liable to a penalty of not more than one hundred pounds for every such offence; and the Council or its servants may refuse to take any parcel which they suspect to contain any such goods, and may arrest and take before a Justice any person attempting to send any such goods by a tramway contrary to the provisions of this section.
305 Penalty for offences on tramways.
If any person does any of the following things, namely,—
(1.)
Defaces any notice placed by the Council on any part of a tramway or the carriages thereon;
(2.)
Obstructs any person employed on a tramway in the performance of his duty;
(3.)
Attempts in any way to evade paying any part of the fare for which he is liable;
(4.)
Behaves in a violent or offensive manner to the annoyance of others on a tramway or in any carriage thereon,—
he shall be liable to a penalty of not more than forty shillings for every such offence.
306 Accounts of tramways.
A separate account shall be kept of all moneys received from the working of the tramways in a borough, which shall be charged—
(1.)
With such sums, to be transferred to the Interest and Sinking Fund Accounts as above provided, as shall be sufficient to pay the charges payable on any loan raised for the construction of tramways; or, in case such charges are provided for by a special rate, then only such sums as may be necessary to make up the deficiency (if any) in such special rate;
(2.)
With the cost of maintaining the tramways in good repair, and of carrying on the traffic thereon;
(3.)
With any surplus remaining, which the Council is hereby empowered to transfer to the General Account.
307 Council may purchase existing tramways out of loan.
The Council may purchase any tramways theretofore made in the borough by any person or company under the provisions of “The Tramways Act, 1872,”
or any other Act in that behalf, and may apply moneys borrowed for tramways under this Act to such purchase.
Any tramway so purchased shall be deemed to be constructed under this Act.
308 Council may let tramways on lease.
The Council may, by special order, let any tramway constructed under this Act to any person or company willing to work the same, by way of lease for any term not exceeding twenty-one years, upon such terms and conditions for working the same as it thinks fit.
(8.) And in respect of Markets, &c
309 Council may provide market-places.
The Council of every borough may provide market-places therein, and for such purpose may acquire land and erect thereon all such buildings and provide all such things as are necessary or convenient for holding markets thereon, and may make all convenient approaches thereto.
310 Market to be opened only on certificate of Justices.
No market shall be opened nor any market charges become payable in respect thereof until—
(1.)
A certificate is given to the Council under the hand of a. Resident Magistrate or any two Justices to the effect that, after due inquiry and inspection, he or they certify that the said market is complete and fit for public use.
(2.)
That not less than ten days’ notice of the opening of the market is published in the borough.
311 Market charges.
The Council may demand and receive tolls and dues from all persons exposing or offering for sale within the market-place any property of any description whatsoever allowed by the Council to be sold therein; and may let for such term, not exceeding twelve months, as it thinks fit, stalls or standing-places for goods or animals, and may receive stallages and rents for the same. All such moneys are herein called market charges.
312 Council may let market charges.
The Council may demise or let for any period not exceeding twelve months all or any of the market charges which they are hereby empowered to receive.
313 Scale of market charges may be altered.
The Council may from time to time alter the scale of market charges; but no such change shall be made during the continuance of a lease thereof without the consent of the lessee.
314 Market charges to be posted in the market.
The Council or their lessee shall cause a list of all the market charges for the time being payable, painted or printed in large and legible characters, to be exposed to view on a board or boards in a conspicuous place in the market; and no market charges shall be payable so long as such list is not so exposed to view.
315 Penalty for defacing the same.
If any person wilfully destroys or obliterates any part of such list, he shall be liable to a penalty of not more than five pounds.
316 Market charges payable on demand.
Market charges shall be paid on demand to any Collector appointed by the Council to receive the same: and any such Collector may recover any market charge as a debt from the person from whom it is due.
317 If not paid, may be levied by distress.
If any person neglects or refuses to pay any market charge on demand, the Council may cause such charge to be levied by distress and sale of the property in respect of which such charge is payable, or of any other property in the market belonging to or under the charge of the same person.
318 Penalty for making excessive charge.
Every Collector or other person demanding or taking any greater market charge than that authorized by the Council shall be liable to a penalty not exceeding five pounds.
319 Weighing machines.
The Council of every borough may provide public weighing machines, either in a market-place or elsewhere, or where no market is established, and may fix charges for the use of the Same, which shall be included in the term “market charges”
in this Part of this Act.
320 Any person may have vehicle weighed.
Any person may require any vehicle, whether loaded or unloaded, to be weighed at a public weighing machine; and such person, and any buyer or seller of the load of such vehicle, may demand and receive from the person in charge of such machine at the time of weighing such vehicle, a ticket signed by such person in charge, stating the day on which such vehicle was weighed, and the weight thereof.
321 Penalties on person in charge of weighing machine.
If the person in charge of any weighing machine does any of the following things,—
(1.)
Wilfully refuses or neglects to weigh any such vehicle brought to be weighed;
(2.)
Weighs the same unfairly;
(3.)
Neglects or refuses to give a ticket as above provided to any person hereby entitled to demand the same, or gives a ticket containing a false statement;
(4.)
Assists or connives at any fraud as to the weight of any vehicle or the load thereof,—
he shall be liable to a penalty not exceeding twenty pounds for every such offence.
322 Penalties on drivers, buyers, and sellers in weighing.
If any person in charge of any vehicle, or any buyer or seller of the load thereof, does any of the following things,—
(1.)
Alters any ticket denoting the weight of such vehicle or its loading;
(2.)
Makes or uses, or is privy to the making or using, of any ticket falsely stating the weight of a vehicle or of its load;
(3.)
After the weighing of any vehicle loaded, removes part of such load, and afterwards, for the purpose of disposing thereof, represents the residue as being the full load stated, in the ticket denoting the same;
(4)
Uses any ticket denoting the weight of a vehicle as truly representing such weight, after having altered such vehicle so as to alter the weight thereof;
(5.)
When a loaded vehicle has been weighed, removes anything therefrom other than its proper load, before the weighing of the same unloaded, with intent to defraud;
(6.)
Is guilty of any fraudulent contrivance for the purpose of misrepresenting the weight of a vehicle or its load,—
he shall be liable to a penalty not exceeding twenty pounds for every such offence.
(9.) And in respect of Buildings for Public Meetings, &c.
323 Buildings for public meetings to be licensed and inspected.
It shall not be lawful to use any building or enclosure within a borough for public meetings, or as assembly rooms, or as a theatre or music hall or dancing hall, or for any public performances or amusements whatever, except as herein provided, that is to say,—
(1.)
The owner or occupier of any such building shall apply in writing to the Council for a license, stating the situation and description of the building, the names of the owner and occupier, and the purpose for which it is to be used.
(2.)
Such building shall be inspected by the Surveyor or some competent person appointed by the Council in that behalf, who shall give a written certificate that such building is secure and suitable for the purpose proposed; that it has sufficient means of ventilation and of ingress and egress, and sufficient provision against fire; and, in case the borough is supplied with water by means of waterworks, that a sufficient supply of water is laid on, and proper appliances provided for promptly using the same in case of fire.
(3.)
The Council shall, upon such certificate issue to the applicant a license under the hand of the Town Clerk, in such form as it thinks fit, for a period not exceeding one year, to use the said building for the purpose stated in the application; and such building may be used accordingly.
(4.)
The Council may, by any by-law in that behalf, fix the fees to be paid for all such licenses, and may refuse to issue any license until the fee thereon is paid.
324 And registered.
The Council shall cause a book to be kept, in which shall be registered all buildings licensed as above provided, with all the particulars stated in the application for the license.
325 Surveyor may enter such buildings.
The Surveyor, or other officer appointed by the Council in that behalf, may at all reasonable times enter and inspect any such licensed building or enclosure.
326 License may be cancelled
Upon the Council being satisfied that any licensed building or enclosure has become insecure, or is being used in a disorderly manner so as to be obnoxious to the neighbouring inhabitants or to the public, or that it is being used for other purposes than those stated in the license, or for other cause, the Council may cancel or suspend such license either wholly or for such period as it thinks fit, and shall forthwith give notice to the licensee of such cancellation or suspension.
327 Penalty for not having a license.
If any owner or occupier, or person having the control of any such building, shall use it, or allow it to be used, for any of the purposes above mentioned, not having a license for the same, or during the time when such license is cancelled or suspended, as above provided, he shall be liable to a penalty of not more than twenty pounds for every such offence.
The word “building”
in the three hundred and twenty-third and following sections includes any part of a building, or any ground or premises whatsoever.
(10.) And in respect of Places of Public Recreation
328 Council may provide places of public recreation.
In order to provide for the health, amusement and instruction of the inhabitants of the borough, the Council may purchase or otherwise provide land and buildings within or without the borough, to be used as pleasure-grounds, gardens, libraries, museums, music-halls, gymnasiums, or for any other purpose of enjoyment or recreation; and may lay out, improve, and plant any such land, and may furnish any such buildings with books and works of nature or art, and with all such things as the Council thinks fitting for such purposes.
329 And regulate their use.
The Council may by by-laws in that behalf from time to time regulate the use of all such buildings and places of public recreation; and may, if it thinks fit, fix reasonable charges to be paid to the Borough Fund for the uses thereof.
(11.) And in respect of Charitable Institutions
330 Hospitals, &c.
The Council may erect and maintain hospitals and asylums within or without the borough for the relief of sick, aged, or infirm persons; and may provide out of the borough funds for the relief of such persons at their own homes; and may contribute out of the borough funds to the erection and maintenance of any such institutions, or to any charitable societies for giving such relief.
(12.) And in respect of Baths and Washhouses
331 Baths and washhouses.
The Council may provide and maintain public baths and washhouses either within or without the borough; and may purchase or otherwise provide all such land, buildings, appliances, and conveniences as are necessary to enable the inhabitants of the borough to use and enjoy such baths and washhouses, with or without any charge for the same, and under such regulations for the decent and orderly use thereof as the Council by any by-laws in that behalf from time to time directs. And the Council shall cause to be put up in every such bath or washhouse a printed copy of the by-laws affecting the use thereof.
(13.) And in respect of Slaughterhouses
332 Slaughterhouses.
The Council may provide and maintain public slaughterhouses either within or without the borough, and may purchase or otherwise provide all such land, buildings, appliances, and conveniences as may be required for the slaughtering of animals for the use of the inhabitants of the borough, and may by by-laws from time to time fix the charges to be paid to the Borough Fund by persons using such slaughterhouses, and make regulations under which the same may be used.
333 Council may regulate their use.
The Council may by any by-laws from time to time prohibit the slaughtering of sheep or cattle within the borough, or may grant licenses for slaughterhouses, and may fix the fees to be paid to the Borough Fund for such licenses, and may regulate the slaughtering of animals therein in such manner as the Council thinks fit. And the Council shall cause to be deposited in every public or licensed slaughterhouse a printed copy of the by-laws affecting the use thereof.
(14.) And in respect of Pounds
334 Council may erect pounds.
The Council may establish and maintain public pounds within the borough, and for that purpose—
(1.)
May acquire lands for the sites of pounds and of the dwellings of poundkeepers:
(2.)
May appoint, remove, and reappoint poundkeepers:
(3.)
May fix the fees and charges to be paid for animals pounded, and for their keep whilst in the pound.
335 To be public pounds under any impounding law in force.
Every pound erected and poundkeeper appointed under this Act shall be deemed to be respectively a pound and a poundkeeper within the meaning of any law for the time being in force in the borough in respect to the pounding of cattle; and all the provisions of any such law shall apply to any such pounds and to the pounding of animals therein; and the fees and charges fixed by the Council as above provided shall be deemed to be the fees and charges payable under any such law.
(15.) And in respect of Wharves, Jetties, &c.
336 Power of Council with regard to wharves, jetties, &c.
Where a borough is bounded on any side by the sea, or any harbour arm or creek thereof, or by any lake or river, or includes any part of any river, the Council may do the following things:—
(1.)
May erect and maintain wharves and jetties upon the foreshore, or to such distance beyond low watermark, as the Council thinks fit.
(2.)
May erect protective works to prevent the encroachment of the sea or of such river.
(3.)
May by any by-laws in that behalf regulate the use of any such wharves or jetties.
(4.)
May by any by-laws in that behalf fix tolls to be paid in respect of all persons, goods and animals using any such wharf or jetty.
Where any wharf or jetty has been constructed by the Council, such regulations and tolls may be made to apply to any part of the foreshore within or on the boundary of the borough.
337 Wharves, &c., to be property of Council.
All wharves jetties or other works constructed under the authority herein contained shall be the property of the Council.
338 Limitation of powers.
Nothing herein contained shall authorize the Council to construct such wharves or other works, or to levy any tolls upon any land the property of any private person or company, without the leave of such person or company; or in any place where the foreshore is under the control of a Harbour Board or other lawful authority, without the leave of such Board or authority; or upon any land the property of the Crown, or vested in the Governor, without the leave of the Governor; or to repeal or alter any of the provisions of “The Marine Act, 1867,”
or “The Harbour Board Act, 1874,”
or any Acts amending the same; or to vest in the Council any part of the foreshore or other land not otherwise the property of the Council.
Part XII BY-LAWS
339 Council may make by-laws.
The Council of every borough may from time to time make alter or repeal by-laws for the good government of the borough, in the manner and in respect to the several subjects set forth in this Part of this Act.
340 Conditions under which by-laws may be made.
By-laws shall be made only in the manner and subject to the conditions following:—
(1.)
They shall be made only by special order:
(2.)
They shall be published in the borough seven clear days before being considered by the Council, but may be amended before adoption:
(3.)
They shall have the Common Seal of the Corporation affixed thereto:
(4.)
They shall not come into operation until after a copy under the seal of the Corporation has been sent to, and the receipt thereof has been acknowledged by, the Colonial Secretary:
(5.)
They shall be published in the borough seven clear days before coming into force, and shall come into force upon a day named in such publication.
341 Governor may disallow by-laws within six months.
It shall be lawful for the Governor, at any time within six months after receiving the copy of any by-law, to disallow the same, and, upon such disallowance being gazetted, such by-law shall cease to have any force; but such disallowance shall not affect the validity of anything theretofore done under the by-law so disallowed.
342 Copies of by-laws to be evidence.
A copy of any by-law, sealed with the Common Seal of the Corporation, shall be received as evidence of the same having been duly made as by this Act provided, unless the contrary is proved.
343 By-laws may apply to whole or part of borough.
Every by-law may be made to apply to the whole borough or to any part of the borough specified in such by-law.
344 Where by-laws to have force outside the borough.
Where the Council is empowered by this Act to acquire land outside the borough for waterworks, gasworks, or any other purpose for the use of the borough, any by-laws made in respect of any such purpose shall have equal force as regards such land, and the use thereof, and everything done thereon, as if such land were within the borough.
345 By-laws repugnant to Acts and Ordinances void.
Every by-law repugnant to any Act or Ordinance of the General Assembly or any Provincial Legislature for the time being in force in the borough shall be null and void.
346 Penalties under by-laws.
Any by-law may provide a penalty for every breach thereof, of an amount which shall be in the discretion of the Court inflicting the same, and shall in no case exceed five pounds.
347 Other penalties not remitted.
Nothing in this Part of this Act or in any by-law made thereunder shall be deemed to relieve any person from any penalty, punishment or action to which he would otherwise be liable in respect of anything done by him in breach of any such by-law.
348 Copies of by-laws.
The Council shall cause printed copies of all by Jaws to be kept at the offices of the Council, and to be sold to any ratepayer applying for the same at a reasonable charge.
349 Council may make by-laws.
The Council may make by-laws on the following subjects:—
To repeal by-laws.
(1.)
To repeal any by-law for the time being in force.
To regulate business of Council.
(2.)
To regulate the meetings, proceedings, debates, and general conduct of the business of the Council.
Services and salaries of officers.
(3.)
To regulate the duties, duration and conditions of service, and the salaries or other remuneration, of officers and servants of the Council.
Streets.
(4.)
And in respect of streets,—
(a.)
To regulate the construction, as to dimensions, position, materials, and every other particular, of porticos, verandahs, and all other things projecting into or over any part of a street.
(b.)
To prevent the erection or cause the removal of projections over or obstructing streets.
(c.)
To provide for the naming of streets and numbering of houses, and fixing such names and numbers upon walls or buildings, and preventing their removal or effacement therefrom.
(d.)
To compel the owners and occupiers of land or buildings to construct and maintain gutters spouts and drains, so as to prevent rain-water from such land or buildings falling upon the footpaths.
(e.)
To regulate the construction, as to size, materials, levels, and all other particulars, of drains across or under footways.
(f.)
To enable owners and occupiers of land and buildings to make and maintain crossings for horses and • vehicles across footways, and to compel such persons to make and maintain such crossings of such construction, as to size, materials, levels, and all other particulars, as any such by-law directs.
(g)
To prevent or put an end to the discharge of any offensive matter whatever from any premises into any public or private street or public place.
(h.)
To prevent the deposition of scaffolding, building materials, rubbish, or obstructions of any kind in any street or public place, except as allowed by the Council; and to compel· their removal by, and enable their removal by the Council at the expense of, the persons depositing the same.
(i.)
To regulate the erection of scaffolding and the deposition of materials for the erection of buildings on private lands, and to compel all persons to give notice to the Council before beginning any building or making other preparations for the same.
(k.)
To compel appliances to be used, by hoardings, fences, lights, or otherwise, to prevent accident or injury to the public.
(l.)
To prevent the encroachment of buildings and fences upon streets, and to compel and enable their removal by or at the expense of the owners or occupiers thereof.
(m.)
To prevent horses and cattle from being at large and without proper guidance in the streets or public places, or on any land not securely fenced off therefrom.
(n.)
To punish the owners of such horses or cattle, and to authorize the seizure and sale of the same for the payment of any penalty, costs or expenses incurred by any such owner under any by-laws in that behalf.
(o.)
To authorize the Seizure, sale or destruction of any goats or swine or unregistered dogs found wandering at large in the streets.
(p.)
To fix times during which cattle not in harness or yoke may not be driven through the streets, or through certain streets named in any by-law in that behalf.
(q.)
To prevent the breaking-in of horses or other animals in public or private streets or public places.
(r.)
To appoint places at which it shall be lawful for persons to bathe in the sea or in any river or other waters within or within one mile from the boundaries of the borough, and to fix the times at which persons may so bathe; and to prevent persons bathing at other places and times than as fixed by any such by-law.
(s.)
Generally, to prevent all nuisances, obstruction and damage in public or private streets and in public places in the borough, and all practices calculated to endanger the lives or to frighten or annoy the public; and to make all such provisions as in the opinion of the Council are needful to preserve public order, decency, health, comfort and convenience, in relation to all such streets and places in the borough.
Buildings.
(5.)
And in respect of buildings,—
(a.)
For prohibiting or restraining the use of combustible or dangerous materials in buildings.
(b.)
For regulating the distance from any other building at which it shall be lawful to construct any building.
(c.)
For regulating the construction as to dimensions and materials of the walls of buildings, within the whole or any part of the borough.
(d.)
For regulating the construction and materials of fireplaces and furnaces in buildings of every description, and the mode of enclosing and securing chimneys.
(e.)
For regulating the erection of tents and other temporary structures.
(f.)
For limiting a time after which it shall not be lawful, without the consent of the Council, to use, or suffer to remain, any building, roof, fireplace, furnace, or chimney, of such a construction or description, or within such a distance from another building, as to be contrary to any by-law made subsequently to the erection thereof.
(g.)
For appointing fees payable to the Borough Fund, not exceeding two pounds in each case, for any inspection, superintendence, or other service performed by the Borough Surveyor or other officer of the Council under any by-law, at the request of the person for whom such inspection is to be performed.
Nuisances.
(6.)
And in respect of nuisances,—
(a.)
To prevent the keeping of swine in any part of the borough, or in such parts thereof as may be described in any by-law.
(b.)
To regulate the times at which night-soil may be removed, and to prescribe the kind of carts in which, and the places within or without the borough to which, night-soil may be removed.
(c.)
To provide for the inspection of privies, water-closets, earth-closets, receptacles for rubbish and dirt, drains and backyards in private premises, and for the suppression of any nuisance therein respectively.
(d.)
For granting licenses for not longer than one year for slaughterhouses in the borough, and fixing the fees payable to the Borough Fund for the same; and to prevent the slaughtering of cattle in the borough either altogether or without such license.,
(e.)
To provide for the registration of slaughterhouses.
(f.)
To prevent cruelty and enforce cleanliness in slaughterhouses.
Waterworks.
(7.)
And in respect of waterworks,—
(a.)
For regulating the size, materials, and construction of pipes, taps, and all other apparatus used in connection with the waterworks by private persons.
(b.)
For prescribing the times during which any such connection with the waterworks may be made or cut off or repaired, and the notices to be given before commencing any such work.
(c.)
For authorizing qualified plumbers to make, cut off, or repair any connection with the waterworks, and for preventing any persons not so authorized from interfering therewith.
(d.)
To provide for any injury to any part of the waterworks, or any displacement of the ground in which the same is laid, being made good by or at the expense of the person doing or causing such injury or displacement.
(e.)
For the inspection of all apparatus connected with the waterworks in private houses.
(f.)
For determining the charges to be made for the ordinary supply of water, and also for an extraordinary supply for different classes of buildings, or otherwise.
(g.)
For preventing the waste, misuse, or fouling of water belonging to the waterworks.
(h.)
For providing for the use of meters, and preventing the tampering with the same.
(i.)
And generally, for carrying into effect the provisions of the Part of this Act relating to waterworks.
Prevention of fire.
(8.)
And in respect of prevention of fire,—
(a.)
To prevent and punish the wilfully or negligently setting or causing to be set on fire any chimney.
(b.)
To prevent negligence in allowing chimneys to become foul, and to be or to be in danger of being set on fire.
(c.)
To regulate the distance from any adjoining land or building within which it shall not be lawful to keep any hay or straw or other inflammable material if not under roof or cover, and also if under roof or cover.
(d.)
For prohibiting or restraining the use of any such inflammable materials for roofing as may be described in any by-law in that behalf within the whole or any part of the borough.
(e.)
For prescribing the distance from any adjacent land or building within which any combustible materials specified in any by-law may be deposited.
(f.)
To prevent the lighting of fifes in buildings, except in properly constructed fireplaces.
(g.)
To prohibit lighting fires in the open air, except as prescribed in any by-law.
(h.)
To prohibit the use of fences of any inflammable material specified in any by-law.
(i.)
To prohibit the keeping or storage within the borough of gunpowder or any other explosive or dangerous material, either wholly or except under such restrictions as may be provided by any by-law in that behalf.
Lighting.
(9.)
And in respect of lighting,—
(a.)
For regulating the lighting of the streets, public places, and public buildings in the borough.
(b.)
For regulating the supply of gas to private consumers.
(c.)
For fixing the price of gas supplied and the time of payment.
(d.)
For preventing the waste or the improper or dangerous use of gas.
(e.)
For the inspection of all fittings in connection with the gasworks in private buildings.
(f.)
For preventing the tampering with gas meters.
(g.)
And generally for carrying into effect the provisions of the Part of this Act relating to lighting.
Tramways.
(10.)
And in respect of tramways,—
(a.)
For determining the fares and charges to be paid for passengers and goods carried on a tramway, and for the storage of goods at any station connected therewith.
(b.)
For regulating the speed at which carriages may travel thereon, and the distances at which they may follow one another.
(c.)
For making time tables showing the times of starting and arrival of carriages at all stations on the tramway.
(d.)
For regulating the ordinary traffic on the streets on which any tramway is laid.
(e.)
For regulating the conduct and punishing the misconduct of any persons employed upon the tramway.
(f.)
For preventing the commission of any nuisance upon a tramway, or in any premises or carriages belonging thereto.
Markets.
(11.)
And in respect of markets,—
(a.)
For regulating the use of the market-places, and the building stalls pens and all parts thereof, and preventing nuisances or obstructions therein or in the approaches thereto.
(b.)
For fixing the times during which markets may be held.
(c.)
For fixing scales of all market charges, and fares for carriers carrying goods therefrom to any part of the borough.
(d.)
For regulating the use of weighing machines, whether within a market-place or elsewhere; and preventing the use of false or defective scales or measures in the borough.
(e.)
For preventing the sale, or exposure for sale, of unwholesome provisions in the market or elsewhere in the borough.
(f.)
For regulating the conduct of all persons resorting to the market, and preventing disorderly conduct or the use of foul or abusive language therein.
Buildings for public meetings, &c.
(12.)
And in respect of buildings for public meetings, &c.,—
(a.)
To provide for and regulate the registration and inspection of all buildings for public meetings, theatres, music halls, dancing halls, and other places of public performance or amusement.
(b.)
To regulate the times during which any such buildings may be used for the purposes for which they are registered, or shall be closed.
(c.)
To secure the proper ventilation of all such buildings, and to compel the use of proper precautions against fire, and proper means for extinguishing fires therein, and sufficient means of ingress and egress from such buildings.
Public reserves, &c.
(13.)
And in respect of public reserves and places of public recreation,—
(a.)
To regulate the use and management of all public reserves, pleasure-grounds, gardens, libraries, museums, and all other places of public recreation and enjoyment, and to fix the times at which, and the restrictions under which, the same may be used by the public.
(b.)
To prevent and punish improper, indecent, or disorderly conduct, or the use of foul or abusive language, or any practices calculated to offend or annoy the public in the use and enjoyment of any such public places.
Baths and washhouses, &c.
(14.)
To regulate the use and management of baths and washhouses, and provide for the observance of proper order and decency, and prevent the use of foul or abusive language therein.
Pounds.
(15.)
And in respect of pounds,—
(a.)
For fixing the fees and charges to be paid to the poundkeeper or to the Borough Fund in respect of all animals pounded, and for the maintenance of the same whilst in the pound.
(b.)
For regulating the management of pounds and the conduct of poundkeepers.
Carriages and drivers.
(16.)
And in respect of the carriage of persons and goods,—
(a.)
To provide for the licensing and numbering of all vehicles plying for hire for the carriage of passengers or of goods, either within the borough or between places beyond and within the borough, and to prevent unlicensed vehicles so plying.
(b.)
To provide for the inspection of all public vehicles, and to prevent the use of such as are unsafe or insufficient.
(c.)
For regulating the number of passengers, and the quantity and weight of goods which may be carried in each such vehicle, either with regard to the construction and dimensions thereof, or to the number of horses required to draw the same; and to prevent such number, quantity, or weight being exceeded.
(d.)
For regulating the manner in which the number of each vehicle, or the number of passengers, or the quantity or weight of goods it is licensed to carry, or the scale of fares for the use thereof, shall be shown upon or in the same.
(e.)
To prescribe whether and how the name of the owner of any such vehicle shall be shown thereon.
(f.)
To prescribe the lights to be carried by every vehicle, public or private, within the borough, and their position on the vehicle.
(g.)
To provide for and regulate the use of stands in the streets for vehicles of different classes, and the number of vehicles to be allowed to remain upon each stand; and for the times and succession of starting and running, and the routes and places of call of such vehicles.
(h.)
To provide for the licensing of the drivers and conductors of such vehicles, and to prevent unlicensed persons driving or conducting the same.
(i.)
For regulating the times within which licensed drivers may practise their calling, and the badges they shall wear.
(k.)
For regulating the rates of fares to be paid, as well for time as for distance, by persons hiring or travelling in such vehicles, both within the borough and to or from any place outside the borough within a radius of ten miles from the General Post Office therein.
(l.)
To prevent smoking by the driver or by any passenger in any such vehicle while being used for carrying any passenger.
(m.)
To prevent misconduct on the part of drivers and conductors in any of the following matters, that is to say,—
(1.)
Refusing to carry the full licensed number of passengers or weight of goods.
(2)
Carrying other passengers without the consent of the person hiring the vehicle.
(3)
Demanding an excessive fare.
(4)
Refusing to fulfil any agreement for the carriage of any person or goods.
(5)
Obstructing any public or private street by loitering therein.
(6)
Driving furiously.
(7)
Being intoxicated when in charge of a vehicle.
(8)
Using any insulting language or gesture.
(9)
Not carrying the proper lights.
(10)
Wilfully detaining property left in vehicles.
(11)
Leaving his vehicle unattended.
(12)
Not having his badge displayed when in charge of a vehicle.
(13)
Not having the name of the owner, or other matters required by any by-law, shown on any vehicle in his charge.
(n.)
For appointing the several sums to be paid to the Borough Fund for licenses for vehicles or drivers as herein mentioned.
Pedlars and hawkers.
(17.)
And in respect of pedlars and hawkers,—
(a.)
To provide for the licensing of pedlars and hawkers, and for the registration of such licenses, and define to what persons such regulations apply; and to fix the sums payable to the Borough Fund for such licenses.
(b.)
To prohibit any persons from trading as pedlars or hawkers, not being so licensed.
(c.)
To regulate the conduct and provide against the misconduct of such licensed persons.
Porters.
(18.)
And in respect of porters,—
(a.)
To provide for the licensing of porters, and for the registration of such licenses; and to fix the sum payable to the Borough Fund for such licenses.
(b.)
To provide for every such porter wearing a badge, and for requiring him to produce his license on demand.
(c.)
To prohibit the transfer of his badge or license to any other person.
(d.)
To fix a scale of fares which a licensed porter may demand, and to prevent his demanding or taking any sum in excess thereof.
(e.)
To compel every such porter to work for any person wishing to hire him within such times (excepting on Sundays) as may be fixed by any by-law.
(f.)
For suspending or revoking the license of any such porter for the wilful breach of any by-law, or for any other misconduct.
Boats and boatmen.
(19.)
And in respect of wharves, boats and boatmen,—
(a.)
To regulate the use of wharves and jetties under the control of the Council.
(b.)
To fix scales of tolls and charges to be paid for the use of such wharves and jetties.
(c.)
To prevent the throwing, or leaving of noisome or refuse matter on any foreshore in or adjacent to the borough.
(d.)
To provide for the registration and licensing of all boats plying for hire on any part of the sea, or any harbour or river, within or adjacent to the borough.
(e.)
To provide for the inspection of all such boats, and to prevent the use of such as are unseaworthy or insufficient.
(f.)
For regulating the number of persons and the quantity or weight of goods which may be carried in such boats, in proportion to the character and capacity of each.
(g.)
To provide for the name of each boat, and the name of its owner, being shown thereon.
(h.)
To provide for the registration and licensing of boatmen, and to prevent unlicensed boatmen plying for hire.
(i.)
For fixing the fees to be paid for licensing, and the fees to be paid for the carriage of persons and goods in licensed boats, according to either time or distance.
(k.)
To regulate the conduct and punish the misconduct of licensed boatmen when practising their calling.
But in any case in which provision is made by a Harbour Board or other lawful authority for all or any of the purposes respectively hereinbefore mentioned in this subsection in respect of boats and boatmen, the Council shall not have power to make by-laws in that behalf.
Fire-arms.
(20.)
To prevent or regulate the carrying of loaded fire-arms or any other dangerous weapons; and to prevent the discharge of fire-arms within the borough.
Injury to property.
(21.)
To prevent wilful or malicious injury to any property belonging to the Corporation.
Part XIII OF RESERVES AND ENDOWMENTS
350 Lands may be reserved.
It shall be lawful for the Governor in Council, upon the request of the Council of any borough, from time to time to reserve any of the waste lands of the Crown within the provincial district in which the borough is for the purpose of granting the same to the Corporation of the borough; but the total quantity of land so granted shall not exceed one hundred acres of land within the borough, and two thousand acres of land in any other part of such district.
351 Description of lands to be laid before Parliament.
A description of all lands so reserved shall be laid before Parliament during its next Session thereafter; and unless both Houses of Parliament by resolution express their disapproval thereof, the Governor may, after the conclusion of such Session, grant such land or so much thereof as he thinks fit, to the Corporation of the borough in trust, either for the use and enjoyment of the inhabitants of the borough, or as sites for public buildings or other special uses, or as an endowment in aid of the borough funds. But if any such resolution is passed by both Houses, the said land shall cease to be so reserved.
352 Lands to be granted in trust.
In respect of lands heretofore reserved for public purposes for the use or endowment of a borough, or for the recreation of its inhabitants, and which have been granted to the Superintendent of a province under “The Public Reserves Act, 1854,”
or any other Act, and which may become vested in the Governor under “The Abolition of Provinces Act, 1875$”
the Governor shall grant the same to the Corporation of the borough, in trust, for the same purposes for which such land is held at the date of the passing of this Act; but no such grant shall be made contrary to the provisions of any Act or Ordinance for otherwise vesting or dealing with such lands.
353 Restriction with respect to costs.
If in any proceedings by information at the suit of the Attorney-General or Solicitor-General it is decided that the Council of any borough has wrongfully or illegally disposed of any of the real or personal property of the borough, or has applied the same to any purpose to which it was not lawfully applicable, or that the Council has permitted any of the reserves the management of which is vested in the borough to be used for purposes not authorized by law, or if by any such proceedings the Council is restrained from doing any such things, then it shall not be lawful for the Council to pay out of the borough funds any costs or other expenses arising out of such proceedings or incurred in doing the things to which such proceedings relate; but the Court shall order that the members of the Council who by voting or otherwise assented to the illegal acts complained of shall pay all such costs and expenses.
Part XIV DISSOLUTION OF BOROUGHS
354 Petition for abolition of borough.
The Governor in Council may, by Proclamation, declare the Corporation of any borough to be dissolved, subject to the following conditions:—
Provisoes.
(1.)
The Councils of the borough and of the county within whose limits such borough is shall agree upon the terms and conditions upon which such borough shall be dissolved, and shall jointly petition the Governor, praying him to dissolve the Corporation of the borough subject to the terms and conditions so agreed on.
(2.)
Public notice of such petition hall be given in such borough and county.
(3.)
If within three months after the publication of such notice one-fourth of the ratepayers of the county, or one-fourth of the burgesses of the borough, petition the Governor praying him not to dissolve the Corporation of the borough, no such Proclamation shall be issued.
(4.)
The number of votes which each ratepayer or burgess is entitled to give at any local election may be set after his name in any such petition; and the one-fourth above mentioned shall mean one-fourth of the whole number of votes which might be given at any such election.
(5.)
The twenty-seventh,. twenty-eighth, and twenty-ninth sections of this Act shall apply to any petition made under this section; and the word “burgesses”
in the fourteenth section shall include ratepayers in this section.
355 Petition how to be dealt with.
The Governor may refer such petition back to the said Councils for such alteration of the terms and conditions therein set forth as he thinks fit, and the same, when finally approved by the Governor, shall be set forth in the said Proclamation; and all such terms and conditions so proclaimed, not being contrary to the provisions of this Act or of any law for the time being in force in New Zealand, shall, upon and after the dissolution of the borough, have the force of law accordingly.
356 District shall afterwards form part of county.
On and after the day named in the said Proclamation the Corporation of the borough to which it relates shall be dissolved, and the district included within the limits of the borough shall be included in and form part of the county and of the road district within whose boundaries the borough lay.
If the borough lay on the boundary of two or more road districts, the Proclamation dissolving the borough shall declare of which road district it shall thereafter form a part.
Upon the dissolution of any borough, all the property, real and personal, belonging to its Corporation shall become vested in the Corporation of the county; and all liabilities and engagements of or to the borough shall become liabilities and engagements of or to the county; and all rates and arrears of rates due to the borough shall become due to and may be recovered as county rates by the County Council.
357 Liabilities to be paid by district.
Nothing herein contained shall be deemed to affect the rights of the holder of any debenture or other creditor of the borough, or in any way to alter the security of any loan raised by the borough upon the security of any property or of any special rates; but such loan shall remain a charge on such property, and the County Council may continue to levy and recover any such special rates within the district the etofore included in the borough, as if the Corporation thereof had not been dissolved.
358 Reserves.
All public reserves or other property held in trust by the Corporation of the borough shall, after the dissolution of its Corporation, be held by the Corporation of the county, subject to the same trusts and uses as theretofore, and to any laws for the time being in force as to the alteration or termination of such trusts and uses.
359 Governor may apply Act on petition.
The Governor may, on the petition of any of the Councils of any of the Corporations mentioned in the Third Schedule, extend any part or parts of this Act to the Corporation the Council of which shall petition, and thereupon the part or parts of this Act so extended shall have the force of law within such Corporation.
360 Members of first Council of Borough of Picton. Proviso.
The six persons who, at the time of the constitution of the Borough of Picton, were in office as the Board of Works for the Town of Picton, under an Act of the Superintendent and Provincial Council of the Province of Marlborough, intituled “The Picton and Havelock Improvement Act, 1872,”
shall be taken and deemed to be and to have been from the constitution of the said borough the first Council of the said borough, as fully and effectually to all intents and purposes as if the said six persons had been in office as the Board of Works for the Town of Picton under the Act referred to in the First Schedule of “The Municipal Corporations Act, 1867,”
and also that the number of Councillors necessary to be elected on the sixteenth day of October instant, shall be taken and deemed to have been three and no more: Provided always that in case any proceedings have been commenced or taken in the Supreme Court of New Zealand for the purpose of testing the validity of the tenure of office of all or any of the six persons in office as aforesaid, by or at the instance of any ratepayer of the said borough, all the costs of such proceedings, to be taxed, if required, as between solicitor and client, shall be paid out of the Borough Fund, on demand by such ratepayer.
361 When Act to come into operation.
This Act shall come into operation on the first day of January, one thousand eight hundred and seventy-seven, except clause three hundred and sixty, which shall come into operation on the passing hereof.
SCHEDULES
FIRST SCHEDULE List of Acts Repealed
The Provincial Corporations Act, 1865.
The Municipal Corporations Act, 1867.
The Municipal Corporations Act Amendment Act, 1868.
The Municipal Corporations Act Amendment Act, 1871.
The Municipal Corporations Waterworks Act, 1872.
The Municipal Corporations Act Amendment Act, 1872.
The Municipal Corporations Waterworks Act Amendment Act, 1873.
The Municipal Corporations Act Amendment Act, 1874.
The Municipal Corporations Act Amendment Act, 1875.
SECOND SCHEDULE List of Boroughs constituted under “The Municipal Corporations Act, 1867,”
and now constituted under this act.
| Town. | Date of Proclamation. | |
|---|---|---|
| Auckland. | 24th April, 1871. | N.Z. Gazette, 1871, p. 191 |
| Thames. | 5th November, 1873 | N.Z. Gazette, 1873, p. 617 |
| Napier. | 26th November, 1874 | N.Z. Gazette, 1874, p. 8’10 |
| Wellington. | 16th September, 1870 | N.Z. Gazette, 1870, p. 449 |
| Wanganui. | 1st February, 1872 | N.Z. Gazette, 1872, p. 88 |
| Blenheim. | 6th March, 1869 | N.Z. Gazette, 1869, p. 123 |
| Nelson. | 30th March, 1874 | N.Z. Gazette, 1874, p. 233 |
| Christchurch. | 28th May, 1868 | N.Z. Gazette, 1868, p. 232 |
| Lyttelton. | 28th May, 1868 | N.Z. Gazette, 1868, p. 232 |
| Kaiapoi. | 28th May, 1868 | N.Z. Gazette, 1868, p. 232 |
| Timara. | N.Z. Gazette, 1868, p. 359 | 13th July, 1868 |
| Hokitika. | 24th August, 1868 | N.Z. Gazette, 1868,, p. 417 |
| Greymouth. | 16th July, 1868 | N.Z. Gazette, 1868, p. 359 |
| Westport. | 16th April, 1873 | N.Z. Gazette, 1873, p. 237 |
| Akaroa. | 22nd July, 1876 | N.Z. Gazette, 1876, p. 513 |
| New Plymouth. | 9th August, 1876 | N.Z. Gazette, 1876, p. 560 |
| Picton. | 11th August, 1876 | N.Z. Gazette, 1876, p. 573 |
THIRD SCHEDULE List of Corporations constituted under “The Otago Municipal Corporations Ordinance, 1865.”
| Town | Date of Proclamation. | Page in Prov. Gazette. | |
|---|---|---|---|
| Alexandra | 20th May, 1867 | Otago Gazette, 1867, p. 145 | |
| Arrowtown | 6th January, 1874 | Otago Gazette, 1874, p. 11 | |
| Balclutha | 8th August, 1870 | Otago Gazette, 1870, p. 334 | |
| Cromwell | 1st May, 1866 | Otago Gazette, 1866, p. 98 | |
| Clyde | 10th April, 1866 | Otago Gazette, 1866, p. 74 | |
| Dunedin | (Constituted by the Otago Municipal Corporations Ordinance, 1865) | ||
| Invercargill | 28th June, 1871 | Otago Gazette, 1871, p. 280 | |
| Lawrence | 15th June, 1866 | Otago Gazette, 1866, p. 121 | |
| Milton | 11th April, 1866 | Otago Gazette, 1866, p. 75 | |
| Naseby | 13th December, 1872 | Otago Gazette, 1873, p. 9 | |
| Oamaru | 3rd April, 1866 | Otago Gazette, 1866, p. 67 | |
| Palmerston | 17th October, 1871 | Otago Gazette, 1871, p. 453 | |
| Port Chalmers | 9th April, 1866 | Otago Gazette, 1866, p. 72 | |
| Queenstown | 28th March, 1866 | Otago Gazette, 1866, p. 56 | |
| Riverton | 28th June, 1871 | Otago Gazette, 1866, p. 279 | |
| Roxburgh | 7th June, 1874 | Otago Gazette, 1874, p. 229 | |
| South Dunedin | 7th December, 1875 | Otago Gazette, 1875, p. 573 | |
| St. Hilda | 22nd November, 1875 | Otago Gazette, 1875, p. 547 | |
| West Hawkesbury | 23rd April, 1866 | Otago Gazette, 1866, p. 85 |
And all other Corporations which have at any time heretofore been constituted under “The Otago Municipal Corporations Ordinance, 1865,”
or any Ordinance amending the same.
FOURTH SCHEDULE Form of Declaration to the Genuineness of the Signatures to Petitions
I, A.B., do solemnly declare that the signatures affixed to the above petition, initialled by me [or which I have marked (describing the mark)], are the genuine signatures of the persons whose they purport to be, and that such persons are resident householders [or burgesses] of the District [or City, or Borough, or Ward, as the case may be] of [Name the district, city, borough, or ward].
A.B.
FIFTH SCHEDULE Form of Burgess Roll
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
|---|---|---|---|---|---|---|---|---|
| Number on the Roll. | Burgesses. | Description and Situation of Property. | Number of Properties on the Valuation Roll. | Rateable Value of each Property. | Total Rateable Value of Properties of each Burgess. | No of Votes. | ||
| Surname. | Christian Name. | Occupation. | ||||||
A.B., Town Clerk.
N.B.—The numbers in the first column must be consecutive from one upwards.
The numbers in the sixth column are the numbers of each property on the valuation roll.
The seventh column contains the values of each separate property appearing in the valuation roll. The eighth column gives the total value of all property for which the burgess is rateable, which determines the number of votes.
SIXTH SCHEDULE Form of Objection to the Burgess List
I, A.B., having my name on the valuation roll of the Borough of [naming the borough][or of the Ward (naming the ward) of the Borough of (naming the borough)], and numbered [naming the number on the valuation roll], hereby object to the burgess list on the ground [State one or more of the five grounds of objection set forth in the 33rd section of the Act].
Given under my hand this day of 18 .
A.B.
Received by me this day of 18 .
C.D., Town Clerk.
SEVENTH SCHEDULE List of Objections to the Burgess List
| 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|
| Name of Person Objected to. | No. | Name of Person Objecting. | No. | Grounds of Objection. |
A.B., Town Clerk.
N.B.—The Numbers in the second and fourth columns are the numbers on the valuation roll of the names in the preceding columns.
EIGHTH SCHEDULE Form of Voting Paper for Special Loans
Proposal to raise a Special Loan, upon which a poll will be taken upon the day of , 18 .
[Insert the notice required by the134th section of the Act.]
1.
I vote forthe above proposal.
2.
I vote against the above proposal.
N.B.—The voter must erase the line marked 2, if he wishes to vote for the proposal; and line 1, if he wishes to vote against it.
NINTH SCHEDULE Form of Debenture
No. . Borough of . £
Loan of [State Loan or Fund on which secured].
Debenture for £ .
Payable at [State place of payment], on .
Issued by the Municipal Council of the Borough of , New Zealand, under “The Municipal Corporations Act, 1876.”
N.B.—The holder of this Debenture has no claim in respect thereof upon the Government of the Colony of New Zealand or the revenues of such colony.
On presentation of this Debenture at [State place of payment], on or after the day of , 18 , the bearer thereof will be entitled to receive £ .
Interest on this Debenture will cease after the day when the payment falls due, unless default is made in payment.
Issued under the Corporate Seal of the Borough of , the day of , 18 .
A.B., Mayor.
[or] E.F.,
G.H.,
Agents
C.D., Treasurer.
TENTH SCHEDULE Form of Coupon
Debenture No. of the Borough of , New Zealand.
Issued under “The Municipal Corporations Act, 1876,”
secured on [State Loan or Fund on which secured].
On presentation of this Coupon at [State place of payment], on or after the day of , 18 , the bearer hereof will be entitled to receive £ .
A.B., Mayor.
[or] E.F.,
G.H.,
Agents
C.D., Treasurer.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Municipal Corporations Act 1876
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