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Municipal Council Ordinance 1859

12. The Municipal Council Ordinance 1859.

Title. Preamble.

1. What may be constitued Municipal districts.

2. On Petition of one Hundred Householders, unopposed, &c., Superintendent to declare the district a Municipality and define boundaries.

3. Such Municipality to be governed by a Town Council, &c.

4. To be a Corporation.

5. Public Meetings to be held and advertised—for fixing number of

Members, the remuneration and election.

6. Superintendent to appoint Chairman.

7. Election of Assessors.

8. Chairman to have casting vote only.

9. Election of Members of Council. Show of hands. Poll next day. Qualifications.

10. Objections to vote. Return of votes.

11. Chairman of Council to be elected.

12. One-third of Members to retire in rotation, but to be re-eligible.

13. Meeting to be held for re-election. Place and time of election. Manner of nomination. Manner and time of polling. Declaration of poll.

14. Ratepayers, how privileged. Manner of objections to vote.

15. In cases of death, resignation, or absence, what course to be pursued.

16. List of persons liable to be rated to be made out, such Roll may be amended and added to.

17. Quorum of three or five. Chairman to preside.

18. Appointment of Officers. Power to fix salaries and defray expenses out of rates, &c.

19. Power to make By-laws.

20. To have care nd management of roads, public works, santiary arrangements.

21. Expenses of repairs, &c., to be defrayed by general rate.

22. New works of local nature to be paid for by special rate, inclusive of public funds voted.

23. Rates, how to be assessed, and their limitation.

24. Rates, by whom to be paid.

25. Notice of rate to be given in Court, and List of Persons liable. Objections, how to be heard.

26. Collectors of Rates.

27. Rates, how recoverable.

28. By-laws subject to the approval of the Superintendent.

29. Council to have no power over public works of the Province. Property in certain cases to vest in the Council.

30. Penalties, how to be imposed and recovered.

31. Notice to be given of intended works and alterations.

32. Plans to be prepared.

33. Consideration.

34. Power of entry on to private lands for purposes of drainage or sewerage.

35. Alteration of sewers. Caases of want of drainage.

36. Entry upon private lands.

37. Stoppage of streets.

38. Prevention of accidents.

39. Receptacles for filth.

40. Estimates to be prepared.

41. Notice of tenders being called for to be published.

42. Power of compounding.

43. Compensation for injury to drainage and sewerage.

44. Penalty for making branch drains without permission.

45. Penalty for building over sewers without permission.

46. Traps over sewers.

47. Drainage and sewerage beyond limits of a town in connection with

Municipal works.

48. Obstructions and encroachments to be removed.

49. No cellar or entrance thereto to be made under any street.

50. Gutter pipes and water troughs to be provided.

51. Buildings in a dangerous state to be removed or protected.

52. Materials to be sold to defray expenses, balance returned to owner.

53. No house to be built on a lower level than will allow of drainage. Interpretation of word re-building.

54. Notice of intention to lay out a new street or building houses to be given the Council, with Plans, to shew levels, &c.

55. Within fourteen days after such notice, Council to signify its disapproval of level proposed.

56. In default of sending such notice, course o be pursued by the Council.

57. Proviso in case the Council fail to regard the said notice.

58. Council to enforce the provisions for privies in every house.

59. All drains, privies, cesspools, &c., to be under the control of the


60. Surveyor may inspect drains, privies, &c., and may report upon and open ground.

61. Owner to cleanse such drain, privy, or cesspool to the satisfaction of the Surveyor.

62. Penalty if constructed contrary to the Directions and Regulations of the


63. In cases where any house shall be found not to be drained by a sufficient drain-communication with a sewer, the Council shall require one to be constructed.

64. Removal of noxious matter upon Certificate from the Officer of Health.

65. Cow-houses and pig-styes.

66. Penalties for allowing stagnant water, dung, &c., to accumulate so as to become a nuisance.

67. Dung of stables, &c., to be removed if exceeding a quantity of one ton.

68. Houses in a filthy state, how to be dealt with.

69. Council may borrow by way of mortgage.

70. Power to lease or farm-out tolls, &c.

71. Superintendent to have power to inspect any works, &c., carried on by the Council.

72. Council may borrow money upon rates.

73. Form of Mortgage.

74. A Register of Mortgages to be kept, and open for public inspection.

75. Mortgages transferable.

76. Transfer to be produced to the Council within a certain time. Entry thereof to be made.

77. Council may borrow money at a lower rate of interest.

78. In order to discharge the principal money borrowed as aforesaid upon rates, Council how to act.

79. Order of paying off mortgages.

80. Works carried on with money so borrowed as aforesaid, subject to certain Regulations.

81. Notices to Owners and Occupiers, how to be served.

82. In case default be made by any Owner in execution of any work required, Occupier may cause the same to be executed at the expense of Owner.

83. Repayment of expenses incurred by the Council recoverable by a summary proceeding.

84. Council may determine whether expenses shall be defrayed by the

Owner or Occupier.

85. In case the Occupier of any premises shall prevent the Owner thereof from carrying into effect any of the provisions of this Ordinance, the Council how to act.

86. Nothing in this Ordinance to affect any agreement previously entered into for erecting or altering any building, &c, Protection from additional expense

87. Nothing in this Ordinance to affect any Lease or Agreement for a Lease,


88. Statement of Accounts, &c., open for inspection.

89. Works proposed to be executed by Funds borrowed, &c., to be the subject of a separate By-law, under direction of the Superintendent.

90. In cases of death or resignation of any Officer of the Council, property belonging to the Council to be given up, &c.

91. Entry upon lands for purpose of this Ordinance, compensation in case of damage done.

92. In cases where such Council desire to purchase lands, &c., value of such to be determined set forth in the “Diversion of Roads Ordinance, Session VII., No. 14.”

93. Offences under this Ordinance to be determined in a summary way by two Justices of the Peace.

94. If any Council to whom money shall have been advanced out of the public revenue, fail to observe the conditions required by the terms of such loan, the Superintendent may transfer their power to a Board of Commissioners, appointed, &c.

95. Appropriation of penalties.

96. Vesting powers in the Superintendent and Executive, in Non-Corporate

Districts except rating powers.

97. Interpretation Clause.

98. Title.


This Ordinance was passed by the Canterbury Provincial Council on the 21st of December 1859, an assented to by the Superintendent on 27th December. It was disallowed by the Governor. See New Zealand Government Gazette, No. 11, 5th April 1860, page 67.

The full text of this Ordinance was not included in the Volume of Ordinances published by Charles Lucas, the Official Printer of the Canterbury Provincial Government.

The Municipal Corporation Ordinance was passed at the end of 1860 during

Session XIV, and was amended by the Municipal Council Amendment Ordinance

1865, and the Municipal Council Ordinance Repeal Ordinance 1872.

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