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Canterbury Provincial Ordinances |
22. The Lyttelton Municipal Council Ordinance 1863
Analysis. Preamble.
1. Repealing clause.
2. Interpretation clause.
Constitution of Council.
3. Lyttelton Municipal Council constituted.
Election of Council.
4. By whom Council to be elected.
5. Meeting for annual election.
6. Proceedings at such election.
7. Retirement of Councillors in rotation.
8. Extraordinary vacancies: how occasioned.
9. Elections to fill extraordinary vacancies.
10. Payment of expenses of elections.
Division of Town into Wards.
11. Superintendent may divide town into wards.
Proceedings of Council.
12. Council incorporated.
13. Selection of Chairman.
14. Vacancy for Chairman: how occasioned, and how to be filled up.
15. Quorum.
16. Rules for conduct of business.
Rates.
17. Power to levy rates.
18. Rates to be on annual value.
19. General town rate.
20. Special town rate.
21. Special local rate.
22. Rates: by whom to be paid.
23. Joint Occupiers.
Ratepayers' Roll.
24. Preparation of Ratepayers' roll.
25. List open to inspection.
26. Notice of objection.
27. Objections: how to be heard and determined.
28. Council may correct trifling errors in roll.
29. Roll for previous year may be adopted with alterations.
30. If no roll made by time of election, previous roll to be used.
Mode of Levying Rates.
31. Rate: how to be made.
32. Objections to rate: how to be heard.
33. Rates due from Occupier having quitted may be recovered from Owner.
34. Rates may be remitted on account of poverty.
35. Rate Collectors to be appointed.
36. Rates recoverable at suit of Collectors.
Loans.
37. Power to borrow on mortgage.
38. Mortgage to be by deed.
39. Mortgage may be transferred.
40. Transfer of mortgage to be registered.
41. Works executed by loan subject to supervision.
Government Works in the Town.
42. Superintendent may entrust Government works in the town to the
Council.
Accounts.
43. Accounts to be kept, and to be open to inspection.
44. Accounts and balance-sheet to be laid before annual meeting.
Officers.
45. Power to appoint Officers.
46. Members of Council disqualified from being Contractors.
By-law.
47. By-laws: on what subjects to be made.
48. Maximum penalty under bylaw.
49. By-laws subject to Superintendent's approval.
Management of Streets, Sewers, etc.
50. Streets, &c., under management of Council.
51. Sewers, materials of works, &c., vested in Council.
52. Council may provide for supply of water, lighting, and sanitary measures.
53. Council to give notice of alterations in sewers or levels of streets.
54. Plans of intended works.
55. Objections to proposed works: how to be dealt with.
56. Power to make new sewers.
57. Power to alter or stop up old sewers.
58. Remedy for injury to private individuals by alterations.
59. Council may require branch drains to be made.
60. Penalty for making branch drains without permission.
61. No building, cellar, &c., may interfere with sewers.
62. All sewers to be furnished with stench traps.
63. Use of city sewers outside the town.
Privies, Cesspools, Nuisances, etc.
64. Council may require privies, &c., to be made and altered.
65. Council may regulate cleansing of privies, &c.
66. Council may provide receptacles for dung, rubbish, &c., and provide for its removal.
67 Council may require immediate removal of nuisances.
68. Council may fill up hollows on private property.
Levels of New Streets and Houses subject to Approval of Council.
69. Private individuals about to build or lay out streets to give notice to Council.
70. Council may disapprove of levels, and fix others.
71. In default of notice, Council may alter such streets or houses.
72. If Council does not object, works may proceed.
Miscellaneous Powers and Duties of Council.
73. Protection and removal of dangerous buildings, &c.
74. Materials thereof may be sold to defray expenses.
75. Council may order removal of projections from buildings, &c.
76. No cellars to be made under, or openings in the streets.
77. Gutter pipes to be provided.
78. Boards may be erected indicating names of streets.
79. Power of entry on private lands.
80. Council may temporarily stop thoroughfares.
81. Protection against accident; penalty for interfering with barriers, &c.
82. Council may compromise suits.
83. Council may apportion certain expenses between Owner and Occupier.
84. Remedy if Occupier prevents Owner from executing works required.
85. Power to recover expenses incurred by Council.
Protection of Officers.
86. Members and Officers not personally liable.
87. Penalty for obstructing Officers, &c.
Service of Notices.
88. Officers of Council may receive and give its notices.
89. Notices on Owners and Occupiers to be served.
Power of Interference by Superintendent.
Superintendent may dissolve Council if it does not fulflI terms of loan, &c.
91. If no Council elected, powers to pass to Superintendent.
Miscellaneous.
92. Limitation of penalties.
93. Penalties recoverable summarily.
94. Title.
Whereas it is expedient to make further provision than now exists for the
improvement of the streets in the town of Lyttelton, and
for the preservation of
the health of the Inhabitants thereof:
Be it enacted by the Superintendent of the Province of Canterbury, by and
with the advice and consent of the Provincial Council thereof
as
follows:—
1. Repealing clause.
"The Municipal Council Ordinance, Session XIV, No. 2," shall be, and the same
is hereby repealed so far as regards the town of Lyttelton.
2. Interpretation clause.
In the interpretation of this Ordinance, the words "town" and "town of
Lyttelton shall mean the town of Lyttelton as described in
Schedule A to this
Ordinance; the words "the Council" shall mean the Lyttelton Municipal Council
hereinafter constituted; the word
" Ratepayer " shall mean every male person of
full age liable to be rated under the provisions of this Ordinance, either as
Owner
or Occupier of property within the town, and whose name shall appear on
the Ratepayers' Roll for the time being, and who shall have
paid all rates due
from and payable by him under this Ordinance; the words " Ratepayers' Roll "
shall mean the Ratepayers' Roll prepared
under the authority of this Ordinance.
Provided, that until a Ratepayers' Roll shall have been so prepared, such words
shall include
any Ratepayers' Roll which may have been prepared by the authority
of the present Municipal Council of Lyttelton; and the word "
street " shall
include an bridges, squares, roads, streets, lanes, paths, or other public paces
within the town.
Constitution of Council.
3. Lyttelton Municipal Council constituted.
For the purposes hereinafter mentioned, there shall be constituted within the
town of Lyttelton, a Council, consisting of nine Members,
to be called the
Lyttelton Municipal Council, and to be elected in manner hereinafter prescribed.
Provided that until the first election
of such Council, the existing " Municipal
Council of Lyttelton " shall be deemed and taken to be the Lyttelton Municipal
Council.
Election of Council.
4. By whom Council to be elected.
At the election of Members of the Council every Ratepayer shall be entitled to vote or to be elected a Member of the Council. If the property in respect of which such Ratepayer is liable to be rated shall not exceed One Hundred Pounds in annual value, he shall be entitled to one vote; if it shall exceed such annual value and not exceed the annual value of Three Hundred Pounds, then such
Ratepayer shall have two votes, and if it shall exceed the annual value of
Three Hundred Pounds then such Ratepayer shall have three
votes. Provided
always, that until a Roll shall have been prepared under the authority of this
Ordinance, each Ratepayer shall have
but one vote.
5. Meeting for annual election.
A meeting of the Ratepayers shall be held on the second Tuesday in January in
every year, at the hour of noon, for the purpose of
the annual election of
Members of the Council. The Chairman of the Council shall give fourteen days'
public notice of such meeting,
by advertisement, in one or more Newspapers
circulating within the town, stating the time and place of holding such
meeting.
6. Proceedings at such election.
At such meeting of Ratepayers, the Chairman of the Council, if present, shall preside; if not, then some person appointed by the meeting. Every Candidate shall be proposed and scconded by Ratepayers. If there be not more Candidates than vacancies, the Chairman shall declare such Candidates duly elected; or if there be more Candidates than vacancies, such Chairman shall call for a show of hands for each Candidate, and shall declare the Candidate or Candidates in whose favour such show of hands was exhibited to be duly elected unless any Candidate or four Ratepayers shall demand a poll, in which case such Chairman shall proceed on the next day (not being a public holiday, and in that case on the day after) to hold a poll and to cause the votes of the Ratepayers to be recorded, and shall open such poll at Ten o'clock in the morning, and close it at Four
o'clock in the afternoon of the same day, and shall, as soon as practicable
after the closing of such poll, declare the numbers each
Candidate respectiely
polled, and the names of the Candidate or Candidates who shall have been
elected, and shall forthwith transmit
the same, in writing, to the Municipal
Council. Such Chairman shall, at such election, make such arrangements for
receiving and recording
the votes of Electors, and otherwise for the due and
equitable management of the election as to him shall seem most desirable. The
decision of the Chairman in respect of any disputed vote shall be final and
conclusive.
7. Retirement of Councillors in rotation.
At the first annual election which shall be held after the passing of this
Ordinance, four Members of the Council shall retire (to
be decided by ballot at
a meeting of the Council to be held not less than thirty days previously), and
four duly qualified persons
shall be elected in manner herein provided to fin up
the vacant seats: At the second annual election the five Members who were
elected
two years previously shall retire, and five duly qualified persons shall
be elected to fill their seats, and so on; every Member
retiring from office at
the expiration of two years from the date of his election. Any Member so
retiring shall, if duly qualified,
be eligible for re-election.
8. Extraordinary vacancies: how occasioned.
If any Member of the Council shall die, or, by writing, under his hand, delivered to the Chairman of the Council, shall resign his seat, or shall become insolvent, or be convicted of any felony, or shall become of unsound mind, or shall, without
the leave of the Council first obtained, absent himself from six consecutive meetings of the Council, the seat of such Member shall become ipso facto void, unless cause for such absence be satisfactorily proved to the Council.
9. Elections to fill extraordinary vacancies.
Whenever, from any of the causes aforesaid, the number of the Members of the Council shall be reduced below seven, the Chairman shall, by notice, advertised in one or more Newspapers published within the Province of Canterbury, call a meeting of the Ratepayers, for the purpose of electing persons to fill the vacancies; and every person so elected shall hold offlce only until the time at which the person in whose room he may have been elected would regularly have gone out of office. The proceedings at any such election shall be conducted in
the same manner as at the annual election.
10. Payment of expenses of elections.
The Council may pay, out of any funds at its disposal such expenses as may
necessarily have been incurred in or about the election
of any Members of such
Council, and of any public meeting called by such Council.
Division of Town into Wards.
11. Superintendent may divide town into wards.
It shall be lawful for the Superintendent, if he shall think fit, on the application of a majority of two-thirds of the Council by Proclamation in the Provincial
Government Gazette, to divide the town into wards, for the purpose of the
election of Members of the Council, and by such Proclamation
to fix the
boundaries and names of such wards, the number of Members to be elected for each
ward, to provide for the preparation
of Lists of persons qualified to vote at
such elections, and to make all other provision necessary for the proper conduct
of such
elections, and for giving effect to such division of the town for the
purposes aforesaid.
Proceedings of Council.
12. Council incorporated.
The Lyttelton Municipal Council shall be and is hereby created a Body
Corporate, under the name of " The Lyttelton Municipal Council,"
and under such
name shall have perpetual succession and a common seal, with power to alter,
vary, break, and renew the same, and
may sue and be sued, implead, and be
impleaded, in any Court of Law or Equity; and is hereby empowered to hold and
enjoy property
both real and personal, and to alienate or dispose of the same;
and to enter into contracts, and enforce the fulfilment thereof,
for the
purposes of this Ordinance.
13. Selection of Chairman.
So soon after the election of the Members of the Council as conveniently may be, such Members shall elect from amongst themselves some one to be the Chairman of the Council, who shall continue in offlce until after the next annual
election of Members of the Council. The Chairman of the Council, whenever
present, shall preside, and if he be not present, then the
Council shall choose,
as and in manner it may deem expedient, some other Member to preside. In case of
an equality of votes at any
meeting of the Council, the Chairman or presiding
Member, besides his own rote, shall have a casting vote.
14. Vacancy for Chairman: how occasioned, and how to be filled up.
If the Chairman shall cease to be a Member of the Council, or shall, by
writing, under his hand, addressed to the Council, resign
such his offlce, the
Council shall, at its next meeting thereafter, elect another Member to be
Chairman in his stead, who shall hold
office until the next annual election of
Members of the Council.
15. Quorum.
Five members of the Council shall form a quorum, and the act of such quorum
shall have the same force and effect, and shall be considered
as the act of the
whole Council. No proceeding of the Council shall be invalidated or be illegal
in consequence of there being any
vacancy in the number of its Members at the
time of such proceeding, or in consequence of any defect in the appointment of,
or of
any incapacity in any of the Members present at the time of such
proceedings.
16. Rules for conduct of business.
The Council shall, as soon as conveniently may be, make Rules for regulating
the conduct of business at meetings of the Council.
Rates.
17. Power to levy rates.
The Council may make and levy rates on an lands, buildings or tenements
within the town: Provided always, that no such rates shall
be made or levied on
any land or premises belonging to the Crown, or belonging to or in the
occupation of the Provincial Government
of Canterbury, or on any land or
building used exclusively for public, charitable, or literary, or scientific
purposes, or on any
building used exclusively for public worship, or for a
public school or school house, Provided it be inhabited only by the Master
or
Mistress of such school, or his or her family.
18. Rates to be on annual value.
The rates shall be levied on the net annual value of all such lands,
buildings or tenements, that is to say upon the rent at which
the same might
reasonably be expected to let from year to year.
19. General town rate.
For the purpose of maintaining and repairing the streets, and of cleansing,
repairing, and maintaining in effective operation the
sewers and drains of the
town, of the payment of Officers employed, and the ordinary expenses incurred on
account of, or inuring
to the common benefit of the town, it shall be lawful for
the Council, from time to time to make and levy a rate or rates, to be
called "
the general town rate." No such general rate or rates shall in any one year
exceed the sum of One Shilling in the Pound
on the annual value of the property
rated.
20. Special town rate.
For the purpose of defraying the expense of making any street, or making any
new, or altering, improving, closing, or destroying any
old sewer or drain, or
erecting any other work or improvement of a permanent nature for the benefit of
the town, the Council may,
from time to time, make and levy a rate or rates to
be called " the special town rate," of such amount as will be sufficient to
discharge
the amount of such expenses and interest thereon within such period,
not exceeding five years, as the Council shall, in each case,
determine. No such
special rate or rates shall in any one year exceed the sum of Two Shillings in
the Pound on the annual value of
the property rated: Provided always, that in
all cases in which any sum or sums of money shall have been or may be granted by
the
Superintendent and Provincial Council for or on account of any special work
within the town, the same shall be carried to account
for such work, and the
special rate or rates shall be levied for the balance only, if any,of such
expenses aforesaid.
21. Special local rate.
If at any time the persons liable to the payment of rates in any street or
part of any street shall, by a majority of two-thirds of
their votes, as
provided in this Ordinance, request the Council to impose a rate upon the
rateable property in such street or part
thereof, for the execution of any work
of special benefit to that particular locality, it shall be lawful for the
Council to impose
such rate accordingly, and to apply the proceeds thereof to
the execution of such work. Such rate, so imposed, shall be called a
"special
local rate," and shall not in any one year exceed the sum of Two Shillings in
the Pound on the annual value of the property
rated.
22. Rates: by whom to be paid.
Except as hereinafter provided, the rate, whether general, special, or local,
shall be paid by the Tenant or Occupier of the land,
building, or tenement
rated, or in case there be no Tenant or Occupier, then by the Owner thereof.
Provided that the Owners of
all rateable property of which the net annual value
does not exceed the sum of Ten Pounds, or which is let to weekly or monthly
Tenants,
shall be rated to and pay the rates instead of the Occupiers
thereof.
23. Joint Occupiers.
When any rateable property is jointly occupied, or if unoccupied, is jointly owned by more persons than one, each of such persons shall be deemed to be the
Occupier or Owner of rateable property of equal annual value to that of the
whole of such first mentioned property divided by the
number of such joint
Occupiers oi Owners thereof.
Ratepayers' Roll.
24. Preparation of Ratepayers' roll.
The Council shall, every year forthwith, after the election of the Chairman,
cause to be prepared a List, containing the names and
residences of all persons
liable to be rated as hereinbefore provided, together with a description of the
land, buildings, or tenements
in respect of which every such person is liable to
be rated, and a statement of the rateable value of the same.
25. List open to inspection.
The Council shall give public notice, by advertisement in one or more Newspapers published within the Province and circulating within the town, of the completion of such List, and of the time and place at which objections thereto will be heard and determined as hereinafterprovided. A true copy of such List shall
be kept in the custody of the Clerk of the Council, and shall be open to the
inspection of all persons interested therein at all reasonable
hours.
26. Notice of objection.
If any person shall object to such List on the ground of any error, omission,
irregularity, or overcharge therein, or unfairness in
the valuation of any
property included therein, he shall, within Fourteen days fiom the publication
of such notice of the completion
of such List, give notice of such objection to
the Clerk of the Council in the form set forth in Schedule B to this Ordinance,
or
to the effect thereof.
27. Objections: how to be heard and determined.
Every such objection shall be publicly heard and determined
by two or more Justices of the Peace, at a meeting to be held at the time and
place fixed by the Council in the notice abovementioned
or at some adjournment
thereof. It shall be lawful for such Justices to allow such objections in whole
or in part, and to alter the
List in conformity with such allowance, or to
overrule such objections, and the List so altered or unaltered, as the case may
be,
shall be signed by two Justices present at such meeting, and shall
thenceforth be binding and conclusive upon all persons whom it
may concern, and
shall be called the " Ratepayers' Roll." The production of such Ratepayers'
Roll, so signed as aforesaid, shall
be evidence in any legal proceeding, to all
intents and purposes, that it has been duly made and confirmed according to the
provisions
hereof: Provided that if two Justices shall not be present at the
time and place so appointed for any such meeting, the meeting shall
stand
adjourned to that day week, and so on, from time to time, until two Justices
shall attend.
28. Council may correct trifling errors in roll.
It shall be lawful for the Council, from time to time, to correct any error
of name or description which may be proved to their satisfaction
to exist in any
such " Ratepayers' Roll," provided that such correction shall not affect the
amount of the rate payable in respect
of any property described therein, nor the
person liable to pay the same.
29. Roll for previous year may be adopted with alterations.
It shall be lawful for the Council in preparing, from time to time, the List
of Ratepayers prescribed by Section 24 of this Ordinance
to adopt the "
Ratepayers' Roll " theretofore in force, either in whole or with such
alterations as may appear needful, and such
Roll, when so adopted, shall be
deemed to be a List of the Ratepayers made according to the provisions of the
said Section 24, and
shall be subject to revision, as provided in Section
27.
30. If no roll made by time of election, previous roll to be used.
If, at the time of any election, the Ratepayers' Roll for the year in which
such election is held shall not have been completed, the
Roll for the previous
year shall, for the purposes of such election, be considered to be in
force.
Mode of Levying Rates.
31. Rate: how to be made.
Previously to making or levying any rate, the Council shall cause a List to be prepared, setting forth the amount of the rate proposed to be made, the names of the persons liable to the payment thereof, the sum payable by each of such persons, and the property in respect whereof each such sum shall be payable; and the Council shall give not less than fourteen days' notice of the place where such List is deposited for inspection, and of the time and place at which
objections thereto will be heard, as hereinafter mentioned.
32. Objections to rate: how to be heard.
If any person, whose name shall be on such list, shall object to thereto on the ground that he has ceased to be liable to be rated in respect of any property for which in such list he is proposed to be rated, he shall give notice of such obiection, and of the grounds thereof, to the Clerk of the Council, three clear days, at least, before the time appointed for hearing objections. At the time and place so appointed, or at any adjournment thereof, the Council shall hear and determine all such objections, and shall make all necessary alterations in such List, by striking thereout the name of any person who may have ceased to be liable to the payment of rates, and by inserting therein the name of any person who may, in the stead of the person first mentioned, have become liable to such payment. After all necessary alterations shall have been made in such List, the Council may, if it shall think fit, order the rate therein described to be made and
levied, and the List to be sealed with the public seal of the Council, and signed by the Chairman thereof, and the production of such List, so signed and sealed,
shall be evidence that the rate has been duly made by the said
Council.
33. Rates due from Occupier having quitted may be recovered from Owner. When
the Occupier of any rateable property shall have quitted
the same without having
paid all the rates to which he shall have become liable in respect thereof, and
then payable by him, the
Council may either recover such rates from the person
so having quitted, or may elect to recover the same from the Owner of the
property,
who shall thereupon be liable to pay the same.
34. Rates may be remitted on account of poverty.
It shall be lawful for the Council, if it shall be represented to it by any
person liable to pay any rate, that he is unable, by reason
of poverty, to pay
such rate, and if the Council shall be satisfied of the truth of such
representation, to remit and excuse the
payment of such rate or any part
thereof.
35. Rate Collectors to be appointed.
The Council shall appoint a fit person or persons to collect the rates, and shall take security from every Collector for the due execution of his office, which security shall be to the amount of the sum likely to be in the hands of the
Collector at any one time, and shall be, by bond or otherwise, as the Council
may determine.
36. Rates recoverable at suit of Collectors.
All rates shall be recoverable at the suit of any Collector appointed by the
Council.
Loans.
37. Power to borrow on mortgage.
The Council shall have power to borrow, by way of mortgage or otherwise, on the credit of the rates which it may be entitled to levy, any sum or sums of money
that may be required for the purpose of making, carrying on or completing any
permanent improvements that may directly benefit the
town, but in no case shall
the sum or sums so borrowed exceed in the whole the estimated revenue of the
Council for the period of
five years: Provided that no money shall be borrowed
by the Council until the express sanction, in writing, of the Superintendent
and
Executive Council shall have been obtained, not only for the amount to be
borrowed, but also for the works or improvements upon
which it is proposed to
expend the sum or sums so to be borrowed.
38. Mortgage to be by deed.
Every mortgage shall be by Deed, and shall be passed under the common seal
of the Council, at a meeting of the Council, and be signed by the Chairman of the
meeting. A Register of all such mortgages shall be kept by the Council, and
shall be open to public inspection at all reasonable hours,
without fee or
reward.
39. Mortgage may be transferred.
Any person entitled to any such mortgage may transfer his right and interest
therein.
40. Transfer of mortgage to be registered.
Within thirty days after the date of Transfer, if executed within the
Province, or otherwise within thirty days after the arrival
thereof in the
Province, such Transfer shall be produced to the Council, and thereupon an entry
or memorial thereof shall be made
in like manner, as in the case of the original
Mortgagee; and for every such entry shall be paid a fee of Five Shillings, and
after
such entry every such Transfer shall entitle the Transferee, his
Executors, Administrators, or Assigns, to the full benefit of the
original
mortgage, and the principal and interest thereby secured; and such Transferee
may, in like manner, transfer the same again
toties quoties, and it shall not be
in the power of any person, except the person to whom the same shall last have
been transferred,
his Executors, Administrators, or Assigns, to make void,
release or discharge the mortgage so transferred, or any money thereby
secured.
41. Works executed by loan subject to supervision.
Every work carried on by the Council with any money so borrowed as aforesaid,
shall be subject to the same Rules, Regulations, supervision
and control as are
hereinafter provided in regard to particular works carried on by the Council
after it shall have received any
special Govermnent aid for such
works.
Government Works in the Town.
42. Superintendent may entrust Government works in the town to the Council.
It shall be lawful for the Superintendent to commit to the Council the
expenditure of any moneys appropriated for the construction
and maintenance of
particular streets, bridges, drains and public works within the town, and to pay
over the same to the Council,
to be expended in such manner as the Council shall
direct; the Plans and Specifications of all such works having first received the
approval of the Superintendent. The Superintendent shall have authority to
appoint any Engineer or other person to inspect all such
works as aforesaid,
durng their progress, and to report thereupon, and in case it shall appear by
the Report of such Engineer or
other person, that such works are not being
carried on in accordance with the Plans and Specifications so approved of as
aforesaid;
it shall be competent for the Superintendent to order such works to
be forthwith stopped, and to make such further order in the matter
as he may see
fit.
Accounts.
43. Accounts to be kept, and to be open to inspection.
The Council shall, in books to be kept by it for that purpose, cause true Accounts to be kept of all sums of money by it received and paid, and of the several matters in respect whereof such sums shall have been received and paid: such
Accounts shall be open to be inspected at all reasonable hours by any
Ratepayer or by the Superintendent, or by any Officer appointed
by him for that
purpose.
44. Accounts and balance-sheet to be laid before annual meeting.
All such Accounts, with Vouchers and Papers thereto, together with a full
Abstract or Balance-sheet thereof, signed by at least three
Members of the
Council, shall, at the annual meeting of Ratepayers, be submitted to such
meeting, and shall (as soon thereafter as
conveniently may be) be examined and
audited by two or more persons to be appointed for that purpose by such meeting.
A copy of such
Balance-sheet shall be posted up by the Council at or before the
commencement of such meeting as aforesaid, upon some conspicuous
part of the
place in which such meeting shall be held.
Officers.
45. Power to appoint Officers.
The Council may appoint such Clerks, Surveyors, Engineers, Valuers, Collectors, and other Officers, as may be necessary for carrying this Ordinance into operation, with such salaries and emoluments as may seem reasonable, and
may dismiss or suspend such Officers and appoint others in their stead, and
may reduce or increase such salaries and emoluments in
such manner and at such
times as such Council shall see fit, and may pay such salaries or emoluments out
of the funds at the disposal
of the Council.
46. Members of Council disqualified from being Contractors.
No Member of the Council shall, during the time he shall continue a Member
thereof, become a Contractor with or hold any paid offlce
in the gift of the
Council; and any person offending against the provisions of this clause shall,
upon conviction thereof, forfeit
and pay a penalty not exceeding One Hundred
Pounds. Provided that nothing herein contained shall be interpreted to apply to
any Member
of the Council who shall be a Shareholder in a Public Company which
shall have entered into any contract with the said Council.
By-law.
47. By-laws: on what subjects to be made.
It shall be lawful for the Council to make By-laws for— (a) The collection of rates:
(b) The prevention and extinguishing of fires:
(c) The suppression of nuisances:
(d) Regulatingthe trafflc within the streetsof the town, and preventing obstructions thereto:
(e) Preventing encroachments upon or injury to any streets, and for securing the cleanliness thereof:
(f) The preservation of the footpaths:
(g) Preserving an streams or watercourses from pollution, obstruction, or injury: (h) Compelling all persons within the town to keep their premises free from offensive or unwholesome matters:
(i) Regulating and licensing Porters, Public Carriers, Carters, and Water-drawers: (k) Regulating markets, market dues, fairs, and sales:
(l) The preservation of public decency and public health: (m) The restraining noisome and offensive trades:
(n) The general good rule and good government of the town:Provided always
that no such By-laws shall be repugnant to or interfere
with any Ordinance of
the Superintendent and Provincial Council.
48. Maximum penalty under bylaw.
Each By-law so to be made as aforesaid, shall impose some maximum penalty not
exceeding Ten Pounds for any neglect or breach thereof,
and in the case of a
continuing offlence, a further penalty not exceeding Five Pounds for each day
after written notice of such neglect
or breach given to the Offender.
49. By-laws subject to Superintendent's approval.
No such By-law shall have any force or effect until the Superintendent, with
the advice of his Executive Council, shall, under his
hand, have signified his
assent thereto; and when such By-law shall have been so assented to, the
Superintendent shall cause publicity
to be given thereto by Proclamation in the
Provincial Government Gazette.
Management of Streets, Sewers, etc.
50. Streets, &c., under management of Council.
The Council shall have the care and management of the public roads, streets,
squares, paths, wharves, bridges and thoroughfares, and
watercourses, ponds,
ditches, and the like, not being private property, within the town: Provided
that nothing herein contained
shall authorise the Council contrary to, or
inconsistently with any private right to use, injure, or interfere with any
watercourse,
stream or river in which the Occupier or Owner of any lands, mills,
or machinery shall have a light or vested interest, without his
consent, in
writing, being first obtained.
51. Sewers, materials of works, &c., vested in Council.
All main or public sewers and drains within the town, and all materials thereof, and all materials for making and repairing streets, and of works in progress of every description, or brought upon or near to any works in progress, for the
purpose of being used thereon, shall vest in, and belong to, and be under the
management and control of the Council.
52. Council may provide for supply of water, lighting, and sanitary measures.
The Council shall adopt such means as may seem to it
desirable for the
preservation of the public health, for securing the necessary supply of water
for domestic or sanitary purposes,
and for cleansing and lighting the streets of
the town, and shall and may form, cleanse, repair, and maintain in effectual
operation
the sewers and drains of the town, as shall to such Council seem fit,
subject to the provisions hereinafter contained.
53. Council to give notice of alterations in sewers or levels of streets.
Fourteen days, at least, before fixing the level of any street Council to give notice which shall not have been hitherto levelled, and before making any sewer where none was before, or altering the level or course of, or abandoning or stopping
any sewer, the Council shall give notice of its intention to perform such
work, by posting a printed or written notice on a conspicuous
place, in every
such street through or in which such work is to be undertaken, in which notice
shall be set forth the name or situation
of the street intended to be levelled,
and the names of the places through or near which it is intended that the new
sewer shall
pass, or the existing sewer be altered or stopped up, and also the
places of the beginning and the end thereof, and such notice shall
refer to
Plans of such intended work, and name the place where such Plans may be seen,
and a time when, and place where all persons
interested in such intended work
may be heard thereupon.
54. Plans of intended works.
Before giving notice of its intention to construct any work, of which by this
Ordinance it is required to give notice, the Council shall cause a Plan and
Section of the intended work to be made, on a scale not less for a horizontal
plan than one inch to one hundred and ninety eight feet,
and for a vertical
section, not less than one inch to ten feet, and in case of a sewer, showing the
depth of such sewer below the
surface of the ground, which Plans may be
deposited in the office of the Council or some other convenient place, and shall
be open
at all reasonable hours for the inspection of all persons interested
therein during the time for which such notice is required to
be given.
55. Objections to proposed works: how to be dealt with.
The Council shall, at the time and place mentioned in the notice, consider, either by itself or by some competent person appointed by it for that purpose, any objections made against such intended work, and all persons interested therein or likelv to be aggrieved thereby shall be entitled to be heard thereupon. The Council may, in its discretion, grant compensation for, abandon, or make such alterations in the intended work as it may judge fit: Provided always, that if any person whose property may be effected by such decision shall object to the amount awarded by the Council in compensation for the injury he may sustain, he shall be entitled to demand that such compensation shall be assessed in
accordance with the provisions of " The Diversion of Roads Ordinance, Session
XI., No. 3."
56. Power to make new sewers.
The Council shall, from time to time, subject to the restrictions herein contained as to the notice to be given and the Plans and Estimates to be prepared, cause to be made such main drain and other sewers as shall be necessary for the
effectual drainage of the town, and also all such reservoirs, sluices, engines, and other works as may be necessary for cleansing such sewer. If, for completing
any of the aforesaid works, it be found necessary to carry them into or
through any land which is the property of private individuals,
the Council may
carry the same into or through such land accordingly, making full compensation
to the Owners or Occupiers of any
such land. The Council may also cause such
sewers to communicate with and empty themselves into the sea or any public
stream or river
beyond the limits of the town, or cause the refuse of such
sewers to be conveyed by a proper channel to the most convenient site
for its
deposit, collection, or sale for agricultural or other purposes, as may be
deemed ost expedient, but so that the same shall
in no case be allowed to become
a nuisance.
57. Power to alter or stop up old sewers.
The Council shall from time to time repair, and, as it sees fit, enlarge,
alter, arch over, or otherwise improve all or any of the
sewers vested in it: It
may demolish or discontinue any sewer which may appear to it to have become
useless, provided it be so done
as not to create a nuisance.
58. Remedy for injury to private individuals by alterations.
If any person by means of any enlargement, alteration, or discontinuance of
any sewer, or other proceeding of the Council, be deprived
of the use of any
sewer or drain which such person was theretofore lawfully entitled to use, the
Council shall provide some other
sewer or drain equally effectual for such
purpose; and if the Council refuse, or do not within seven days next after
notice, in writing,
served upon it, begin and thereupon diligently proceed to
restore to its former effective state such drain or sewer, the use whereof
has
been affected by the acts of the Council, or to provide such other sewer or
drain as aforesaid, it shall forfeit to the person
aggrieved any sum not
exceeding Forty Shillings for every day after the expiration of such seven days
during which he is deprived
of the use of the drain or sewer to which he was so
entitled.
59. Council may require branch drains to be made.
In an cases where a sewer of a sufficient size under the jurisdiction of the Council shall pass within one hundred feet of any house or building on a lower level than such house or building, the Council may, by notice, in writing, require the Occupier of such house or building forthwith, or within such reasonable time as shall be appointed by the Council, to construct or make from such house or building into the nearest common sewer, a covered drain of such materials, of
such size, at such level, and with such fall, as shall be adequate for the
drainage of such house or building, and of its areas, water-closets,
privies,
and offices, if any, and to carry and convey the soil, drainage, and wash
therefrom into the said sewer, and to provide
a fit and proper trap affixed to
the mouth of such drain to the satisfaction of the Council; and if the Occupier
of such house or
building shall neglect or refuse, during twenty-eight days
after the said notice shall have been delivered to him or left at such
houseor
building, to construct such drain, or shall thereafter fail to carry it on and
complete it with all reasonable dispatch,
the Council may, and it is hereby
empowered to cause the same to be constructed and made, and to recover the
expense to be incurred
thereby from such Occupier.
60. Penalty for making branch drains without permission.
Every person, not being employed or authorized for the purpose by the
Council, who shall make any branch drain into any of the sewers
or drains vested
in the Council, shall forfeit to the Council such sum, not exceeding Twenty
Pounds, as the Council may determine;
and the Council may cause such branch
drain to be stopped or re-made as it may think fit, and all the expense incurred
thereby shall
be paid by the person making such branch drain, and shall be
recoverable by the Council from him.
61. No building, cellar, &c., may interfere with sewers.
No building shall be erected over any sewer belonging to the Council, without
the consent of the Council first obtained, in writing.
All vaults, arches, and
cellars shall be substantially made, and so as not to interfere or communicate
with any sewers belonging
to the Council. If, after the coming into operation of
this Ordinance, any building is erected in the town, or any vault, arch, or
cellar be made therein contrary to the provisions herein contained, the Council
may demolish or fill up the same, and the expense
incurred thereby shall be paid
by the person erecting such building, or making such vault, arch, or cellar, and
shall be recoverable
as damages.
62. All sewers to be furnished with stench traps.
All sewers or drains within the town, whether public or private, shall be
provided by the Council or other persons to whom they severally
belong, with
proper traps or other covering for means of ventilation so as to prevent
stench.
63. Use of city sewers outside the town.
Any person being the Owner or Occupier of any lands beyond the town, and in respect of which he would not be liable to the payment of the rates authorized to be levied under this Ordinance, may, with the consent of the Council first obtained, in writing, and upon payment to them of a reasonable sum of money, to be agreed upon between them, at his own expense, and under the superintendence of the Surveyor of the Council, cause to branch into and communicate with any of the sewers belonging to the Council any sewer or drain in respect of the said property which may be lawfully made therefrom, of such
size and in such manner and form of communication as the Council may approve
of.
Privies, Cesspools, Nuisances, etc.
64. Council may require privies, &c., to be made and altered.
The Owner or Occupier of any dwelling-house within the town shall provide the
same with a privy or privies, constructed in an things
to the satisfaction of
the Council, within one month next after notice, in writing for that purpose
given by the Council to him,
and in default thereof the Council shall cause such
privy or privies to be provided and the expense incurred thereby shall be
recovered
by the Council from such Owner or Occupier.
65. Council may regulate cleansing of privies, &c.
All drains, as well within as without the premises to which they belong, and all privies and cesspools within the town, shall be subject to the survey and control of the Council, and shall be altered, repaired, and kept in proper order, and
cleansed at the costs and charges of the Owners or Occupiers of the premises
to which the same belong, or for the use of which they
are constructed, and the
Council may cause the same to be repaired and cleansed, and recover the expenses
incurred thereby from the
Owner or Occupier of such premises.
66. Council may provide receptacles for dung, rubbish, &c., and provide for its removal.
It shall be lawful for the Council to make such provision as it shall think
fit for the periodical removal of the refuse of every
house or other building
within the town, whether night soil, dung, ashes, slops, or other filth and
rubbish, and for its conveyance
to some convenient place for its deposit, and
also from time to time to provide places convenient for deposit.
67 Council may require immediate removal of nuisances.
If at any time it shall be represented to the Council by any of its Officers, or by any duly qualified Medical Practitioner, that any stagnant water or accumulation
of dung, soil, or filth, or other noxious or offensive matter within the town
ought to be removed, as being injurious to the health
of the Inhabitants, the
Council shall forthwith give notice to the Owner or Occupier of the land or
premises where the same may be
to remove it forthwith, and if such Owner or
Occupier shall refuse or neglect to comply with such notice, he shall be liable
to a
penalty not exceeding Five Pounds.
68. Council may fill up hollows on private property.
If it shall appear to the Council that any gully, drain, or hollow place on any
private property within the town is a receptacle for filth or stagnant water, which is or is likely to be offensive or injurious to the health of the Inhabitants, the Council may, by Order, in writing, require the Owner or Occupier of such property to fill
up such gully, drain, or hollow place within a time to be specified in such
Order, and if such Owner or Occupier shall not comply
with such Order within the
time so specified, the Council may, by its Offlcers, enter upon the said
property, and cause such gully,
drain, or hollow place to be filled, either with
earth from any other part of the said property, or otherwise, as it may deem
fit,
and may recover the expense of so doing from such Owner or
Occupier.
Levels of New Streets and Houses subject to Approval of Council.
69. Private individuals about to build or lay out streets to give notice to Council. Before any person shall lay out any new street, begin to build any house, or to re- build any existing house within the town, he shall give to the Council notice thereof, in writing, and shall accompany such notice with a Plan, showing the
level at which such street or the foundation of such house is proposed to be
laid, by reference to some level ascertained under the
direction of the Council.
Whenever any house is taken down to or below the roof of the floor, commonly
called the ground or street
floor, for the purpose of being built up again, such
building shall be deemed a re-building within the meaning of this
Ordinance.
70. Council may disapprove of levels, and fix others.
Within fourteen days after receiving such notice, the Council may signify its
disapproval of the level at which it is proposed to
lay such street or the
foundation of any such house, and in case of such disapproval, may fix the level
at which the same is to be
laid.
71. In default of notice, Council may alter such streets or houses.
In default of sending such notice and Plan, or if such new street or building be begun or made at any level different from that fixed by the Council within the said fourteen days, or in any other respect contrary to the provisions of this
Ordinance, the Council may, if necessary, cause such new street to be
altered, or such building to be altered or demolished, as the
case requires, and
the expenses incurred by the Council in respect thereof shall be repaid to it by
the person failing to comply
with the provisions aforesaid, and shall be
recoverable as damages.
72. If Council does not object, works may proceed.
If the Councii fail to signify, in writing, its approval or disapproval of the level shown on such Plan as aforesaid, within fourteen days after receiving such
notice and Plan as aforesaid, the person giving such notice may, notwithstanding anything herein contained, proceed to lay out and make the street, or build or re- build the house therein referred to, according to the level shewn on such Plan: Provided that such building or re-building be otherwise in accordance with the provisions of this Ordinance.
Miscellaneous Powers and Duties of Council.
73. Protection and removal of dangerous buildings, &c.
If any building, or wall, or anything affixed thereon, within the city, be deemed by the Council, or any Surveyor appointed by it, to be in a state dangerous to Passengers, or to the Occupiers of the neighbouring buildings, such Surveyor shall immediately cause a proper board or fence to be put up for the protection of passengers, and shall cause a notice, in writing, to be given to the Occupier or Owner of such building or wall, if he be known, and resident within the town; and shall also cause such notice to be put on the door or other conspicuous part of the said premises, requiring such Owner or Occupier forthwith to take down, secure, or repair such building, wall, or other thing, as the case shall require; and if such Owner or Occupier do not begin to repair, take down, or secure such building, wall, or other thing, within the space of two days after any such notice has been so given or put up as aforesaid, and complete such repairs, or taking
down and securing as speedily as the nature of thecase will admit, or if no Owner or Occupier can be found on whom to serve such Order, the Council shall, with
an convenient speed, cause all, or so much of such building, wall, or other
thing as shall be in a dangerous condition to be taken
down, repaired, or
otherwise secured in such manner as it shall deem requisite; and all the expense
of putting up such fence, and
of taking down, repairing or securing such
building, wall, or other thing, shall be paid by the Owner or Occupier
thereof.
74. Materials thereof may be sold to defray expenses.
If any such building, wall, or other thing, as aforesaid, or any part of the same be pulled down by virtue of the powers aforesaid, the Council may sell the materials thereof, or so much of the same as shall be pulled down, and apply the proceeds of such sale in payment of the expenses incurred in respect of such building,
wall, or other thing, and restore any surplus to the Owner thereof on demand;
nevertheless the Council, although they may sell such
material for the purposes
aforesaid, shall have the same remedies for compelling the payment of so much of
the said expenses as may
remain due after the application of the proceeds of
such sale, as are hereinbefore given to them for compelling payment of the whole
of the said expenses.
75. Council may order removal of projections from buildings, &c.
The Council may give notice to the Owner or Occupier of any house or building to remove or alter any porch, step, fence, veranda, or any other obstruction or projection erected, or placed against, or in front of any house or building within the town, and which is an obstruction to the safe and convenient passage along any street, or any encroachment thereupon, and such Owner or Occupier shall, within ten days after the service of such notice upon him, remove such obstruction, or alter the same in such manner as shall have been directed by the Council, and in default thereof shall be liable to a penalty not exceeding Five Pounds, and the Council in such case may remove such obstruction, projection,
or encroachment, and the expense thereof shall be paid to the Council by the
Owner or Occupier so making default.
76. No cellars to be made under, or openings in the streets.
No cellar or vault may be made under any street within the town, nor shall any opening be made in any street or footpath to make an entrance into any cellar or vault. Every person so making any such cellar, vault, or opening, shall be liable to a penalty not exceeding Ten Pounds, and to a further penalty not exceeding
Ten Pounds for every day, after he shall have received notice from the
Council to fill up such cellar, vault, or opening, during which
the same shall
remain unfilled.
77. Gutter pipes to be provided.
The Council may order the Owner or Occupier of any house or building in, adjoining, or near to any street, to put up and keep in good condition a gutter- pipe or trough, to convey the water from the roof thereof, in such a manner that the water therefrom shall not fall upon the persons passing along the street, or flow over the footpath; and in default of compliance with such Order within seven days after service thereof, such Owner or Occupier shall be liable to a penalty
not exceeding Forty Shillings for every day that he shall so make
default.
78. Boards may be erected indicating names of streets.
The Council may, for the purpose of indicating the name of any street, or for
other like purpose, affix a board, having the name of
such street printed
thereon, to any house, building, wall or fence within the town; and every person
who shall wilfully remove, injure,
or deface such board, shall be liable to a
penalty not exceeding Five Pounds.
79. Power of entry on private lands.
The Council shall have power, by itself or its Officers, to enter, at all
reasonable hours in the day-time, into and upon any land,
buildings and premises
within the city, without being liable to any legal proceeding on account
thereof: Provided always, that except
when herein otherwise provided, the
Council or its Officers shall not make any such entry, unless with the consent
of the Occupier,
until after the expiration of twenty-four hours' notice for
that purpose given to the Owner or Occupier.
80. Council may temporarily stop thoroughfares.
The Council may stop up any street, and prevent the same from being used as a
common thoroughfare for a reasonable time during the
execution of any work
authorized by this Ordinance.
81. Protection against accident; penalty for interfering with barriers, &c.
The Council shall, during the execution of any work, or the stoppage of any street, take proper precaution for guarding against accident; and if any person shall, without the authority or consent of the Council, take down, alter, or remove
any bar, chain, or other protection, or extinguish any light placed at or
near to any bar, chain, or work for protection, he shall,
for every such
offence, on conviction thereof before any Justice of the Peace, be liable to a
penalty not exceeding Five Pounds,
or to be imprisoned for any period not
exceeding fourteen days.
82. Council may compromise suits.
The Council may compound and agree with any person who may have entered into
any contract with the Council, or against whom it may
bring any action or suit
for any penalty contained in any such Contract, or in any Bond or other
Securities for the performance thereof,
or for or on account of any breach or
non- performance of any such Contract, Bond, or Security for any sum of money or
recompense,
as the Council may think proper.
83. Council may apportion certain expenses between Owner and Occupier.
Whenever any question shall arise as to whether any work required
by the Council
to be performed ought to be performed by the Owner or Occupier of any premises,
the Council may determine the matter,
and may order that the expenses of
executing any such work shall be borne by the Owner or Occupier, or by both, in
such proportion
as it may deem equitable.
84. Remedy if Occupier prevents Owner from executing works required.
If the Occupier of any premises shall prevent the Owner thereof from carrying into effect, in respect of such premises, any of provisions of this Ordinance, after notice of his intention so to do has been given by the Owner to such Occupier, the Council may make an Order, in writing, requiring such Occupier to permit the Owner to execute all such works with respect to such premises as may be
necessary for carrying into effect the provisions of this Ordinance; and if,
after the expiration of ten days from the date of such
Order, such Occupier
continues to refuse to permit such Owner to execute such work, such Occupier
shall, for every day during which
he so continues to refuse, be liable to a
penalty not exceeding Forty Shillings; and every such Owner, during the
continuance of
such refusal, shall be discharged from any penalties to which he
might otherwise have become liable by reason of his default in executing
such
work.
85. Power to recover expenses incurred by Council.
If the Owner or Occupier of any premises made liable by this Ordinance for
the repayment to the Council of any expenses incurred
by it, do not, as soon as
the same becomes due from him, repay all such expenses, the Council may recover
the same from such Owner
or Occupier by legal proceedings.
Protection of Officers.
86. Members and Officers not personally liable.
No act done by any Member or Officer of the Council, acting under the direction of the Council, and bona fide for the purpose of carrying into operation any of the
provisions of this Ordinance, shall subject such Member or Officer personally
to any action, suit, or demand whatever, but the responsibility
of such act
shall lie upon the Council.
87. Penalty for obstructing Officers, &c.
Any person who shall obstruct or attempt to obstruct any Member or Officer of
the Council acting in the execution of this Ordinance,
shall be liable to a
penalty not exceeding Ten Pounds.
Service of Notices.
88. Officers of Council may receive and give its notices.
All Notices, Orders, or Instructions which the Council is by this Ordinance
authorized or required to give or receive, may be given
or received by any
Officers of the Council duly authorized by it for that purpose.
89. Notices on Owners and Occupiers to be served.
Where by this Ordinance any notice is required to be given to the Owner or
Occupier of any land or premises, such notice, addressed
to such Owner or
Occupier, as the case may require, may be served by delivering the same to the
Occupier, or by leaving the same
for him with some inmate of his usual place of
abode; if there be no Occupier, such notice may be served by posting the same
upon
some conspicuous part of such land or premises: Provided always, that when
such Owner and his residence are known to the Council,
it shall be the duty of
the Council, if he be resident within the town, to cause every notice addressed
to him to be served by delivering
the same to him, or by leaving it for him with
some inmate of his usual place of abode, and if such Owner be not resident
within
the town, but be resident within the Colony of New Zealand, the Council
shall serve such notice by sending the same by the Post,
addressed to the
residence of such Owner, and by publishing the same in one or more Newspapers f
the Province. It shall not be necessary
in any such notice to name such Occupier
or Owner otherwise than by describing him as the Occupier or Owner of such land
or premises.
Power of Interference by Superintendent.
90. Superintendent may dissolve Council if it does not fulflI terms of loan, &c.
If the Council, after any money shall have been glven or advanced to it out of the public revenues of the Province, whether as a loan or otherwise, or after a guarantee shall have been given in respect of any loan, shall refuse at any time
to observe the conditions required by the terms of such loan or guarantee, then it shall be lawful for the Superintendent to declare that the functions and powers of the Council shall, from and after a day to be named by him and published in the Provincial Government Gazette, absolutely cease and determine, and its
functions, powers and liabilities, together with all its property, real or personal, shall thereupon be transferred to, and vest in a Board of Commissioners, consisting of not more than Five Members, to be appointed by the Superintendent, and such Board shall, under such Rules and Regulations as the Superintendent may prescribe, exercise all the powers and discharge all the functions of the Council mutatis mutandis as fully and effectually as the Council could do. Provided that such Board shall enter upon no new work within the town, and that its powers and functions shall cease and determine as soon as
any such loan, and all interest thereon, shall have been fully repaid and
satisfied, or any such guarantee shall have expired or been
otherwise
determined.
91. If no Council elected, powers to pass to Superintendent.
If at any time the persons duly qualified to elect Members of the Council
shall refuse or neglect so to do, or to elect a sufficient
number of such
Members to form a quorum, all the powers and duties herein vested in or imposed
upon the Council (except the power
to levy a rate) shall be transferred to and
vest in, and be imposed upon the Superintendent.
Miscellaneous.
92. Limitation of penalties.
No penalty to be imposed on any one conviction under the provisions of this
Ordinance shall exceed the sum of One Hundred Pounds.
93. Penalties recoverable summarily.
All fines and penalties imposed under this Ordinance or under any By-laws
made by authority thereof shall be recoverable in a summary
way.
94. Title.
This Ordinance shall be entituled "The Lyttelton Municipal Council Ordinance,
1863."
Schedule A.
The town of Lyttelton is bounded on the north by the ridge of hills lying on
the north side of Lyttelton; on the east by the spur
of the hill running down to
the sea immediately on the east side of Gollan's Bay; on the south by the sea,
and on the west by the
eastern boundary of the Native Reserve at
Rapaki.
Schedule B.
To the Lyttelton Municipal Council.
I hereby give you notice that I object to the following portion of the List of Ratepayers for the town of Lyttelton now deposited for inspection at the office of the Clerk to the Council [ here recite the part objected to], that the following are the grounds of my objection [ here state the grounds of objection], and that I shall appear in support of such objection at the meeting of Justices to be held on the
.
..................... Description.........................................
..............................................
Signature of Objector
Address
Notes.
Passed by the Provincial Council on 22nd September 1863 and reserved for the assent of the Governor. Assented by the Governor NZG, No 1, 12th January,
1864, 4p.
Charles Bowen, Speaker, Henry Bacon Quin, Clerk of Council
NZLII:
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