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The Hokitika Municipal Corporation Ordinance 1867

15. The Hokitika Municipal Council Ordinance 1867.

Whereas it is expedient to incorporate the inhabitants of the Municipal District of

Hokitika.

Be it therefore enacted by the Superintendent of the said Province with the advice and consent of the Provincial Council thereof as follows:

1. The Ordinance of the Superintendent and Provincial Council of

Canterbury entituled “The Municipal Council Ordinance” Session XIV No. 2 shall so far as the Town of Hokitika is affected thereby be repealed and cease to have any effect or operation.

2. The boundaries of the Town of Hokitika shall be those defined in the

Schedule hereunto annexed marked A.

3. The citizens of the said town shall be a corporate body under the style of “The Corporation of the Town of Hokitika” hereinafter designated the Corporation) and by such name shall have perpetual succession and shall be

capable at law by the Council hereinafter mentioned but in the name aforesaid to hold acquire and possess lands tenements and hereditaments (in fee simple for any term of years or otherwise) goods and chattels and to grant demise assign or otherwise dispose of the same to sue implead and answer and to be sued impleaded and answered in all Courts whatsoever and before all Judges and Magistrates whomsoever in all actions pleas disputes causes matters

whatsoever and to do and suffer all such further acts as may be done and

suffered by virtue of their incorporation and as in this Ordinance set forth to be done and suffered.

4. The Corporation may have and use a common seal.

5. Every male person of the full age of twenty-one years who on the first day of September in any year shall be seized of or occupy any land house

warehouse countinghouse or shop within the said towneither as owner or tenant and whose name as such owner or occupier shall be inserted in the assessment hereinafter directed to be made shall be a citizen of the said town and a member of the Corporation and entitled to be enrolled on the Citizen’s Roll under the provisions of this Ordinance.

6. On or before the Fifteenth day of September in each year the Town Clerk appointed as hereinafter provided shall cause alphabetical lists of all persons in the said Town entitled to be enrolled as citizens under the provisions of this Ordinance to be prepared and such lists being thereupon signed by the Mayor and Town Clerk which they are hereby authorised and required to do shall form and be called the Citizen’s Roll whereof the Town Clerk shall cause a sufficient number of copies for the purposes of this Ordinance to be forthwith printed or copied and one of such copies to be affixed on one or more conspicuous buildings in the said town and he shall deliver one or more copies to any citizen applying for the same on payment of a reasonable price for each copy.

7. No person unless so enrolled shall be qualified to be elected to any office or to vote at any election under this Ordinance.

8. No person in receipt of public relief or alms or any person who being assessed shall not have paid all such rates directed to be levied under the provisions of this Ordinance as shall have become payable before the time of his application to be enrolled shall be entitled to be so enrolled.

9. Any person whose name shall have been omitted from such Ciitizen’s Roll may claim to have it inserted thereon and any citizen whose name appears upon such roll may object to any other person as not being entitled to have his name retained thereon.

10. By and from among the enrolled male citizens shall be elected in manner hereinafter provided nine persons to be Councillors for the said Town of Hokitika and the said enrolled male citizens shall elect some one from the said nine Councillors to be the Mayor.

11. Such Mayor and Councillors shall constitute a Council for the good government of the corporation the management of the affairs thereof and the exercise within the said town of such powers and authorities as by this Ordinance shall be vested in or delegated to the Corporation and such Council shall be

styled “The Council of the Town of Hokitika” and the said Mayor and Councillors shall be elected by ballot in manner as hereinafter provided.

12. For the due examination of the accounts of the said Corporation the

Council shall annually elect two Auditors.

13. The Council may appoint fit persons not being Members thereof to be Town Clerk Surveyor and Engineer of the Town and by warrant under the hand of the Mayor and Seal of the Corporation shall also appoint fit persons to be

valuators of all property to be assessed within the said Town and to be Collectors

of Rates for the said Town and all such Inspectors Clerks and other Officers as they shall think fit for enabling them to carry into execution the various powers and duties vested in them by virtue of this Ordinance and may from time to time discontinue the appointment of such Officers as shall appear to them not necessary to be re-appointed.

14. All such Officers as aforesaid shall hold their offices during pleasure and give such security for the due execution thereof as the Council shall think fit.

15. The Council may order payment to the Mayor Auditors Town Clerk and every other Officer to be appointed or employed as aforesaid or such allowance salary or commission as to the Council shall seem reasonable and proper the allowance to the Mayor (if any) to be fixed annually nor more than ten days after the election of the Council and to be unalterable during the ensuing year.

16. The Council shall have the power to remove from office every such Town Clerk Surveyor or other Officer who shall be so appointed as aforesaid and every officer so removed who shall be in possession or receipt of any moneys goods valuables account-books accounts and papers belonging to or concerning the Corporation shall deliver up and account for the same immediately upon such removal.

17. No person being an officiating Minister under the Marriage Act 1854 of any religious congregation nor any person who shall hold any office or place of profit (other than that of Mayor) in the gift or disposal of the Council or who by himself his partner or otherwise shall have any interest in any contract with or employment under such Council shall be elected as Mayor Councillor or Auditor of the Town Provided that no person shall be disqualified from being Mayor Councillor or Auditor as aforesaid by reason of his being a proprietor or shareholder of any public Company which shall contract with the Council for any of the purposes hereof.

18. On the Ninth day of October in every year the Mayor and four Councillors and the Auditors shall go out of office.

19. The Councillors so to retire shall be those who shall have been longest in office without re-election but in cases where the period of office shall have been equal the majority of the Council for the time being shall fifteen days before the day of election determine the order in which the Councillors shall retire by ballot.

20. Upon the ninth day of October in every year the citizens shall elect in manner hereinafter mentioned from among themselves five citizens to be Councillors in place of the Mayor and Councillors retiring from office And upon the Twentieth day of October in every year the citizens of the said Town shall elect one of the Councillors to be the Mayor for the ensuing year and for the election of Mayor and Councillors votes shall be taken at meetings which shall be held in such place or places within the said Town as may be considered convenient Provided that the retiring Mayor shall continue to act until the election of his successor on the Twentieth day of October Provided also that from and after the coming intoi operation of this Ordinance the Chairman and Councillors now forming the Corporation of the Town of Hokitika shall be and remain in office as the Mayor and Councillors of the Town of Hokitika under this Ordinance until the ninth day of October One thousand eight hundred and sixty-seven.

21. Every election of Mayor and Councillors shall be held before a Councillor or other person authorised by the Council but no candidate shall preside and

shall be held at such place or places within the town as the Council shall direct.

22. No citizen shall be entitled to vote at any such election of Mayor or Councillors until he shall have paid all rates which shall have been declared six months previously according to the provisions hereof and which shall have been payable by him in respect of the property for which he may claim to vote and any citizen or Collector of Rates appointed under this Ordinance may object to any person attempting to vote who shall not have paid his rates.

23. Subject to the objections authorized to be taken by Collectors of Rates as herein mentioned no inquiry shall be permitted at any election of Mayor or Councillors as to the right of any person to vote as a citizen except only as follows that is to say the presiding officer may or shall if required by any two citizens entitled to vote put to any voter at the time of his claiming his voting

paper and not afterwards the following question and no other Are you the person whose name appears as AB on the Citizens’ Roll now in force for this town being registered therein as rated for property described to be situated in (here specify the street described in the Citizens’ Roll) No person required to answer the said question shall be entitled to vote until he shall have answered the same in the affirmative and if any person shall wilfully make a false answer to the question aforesaid or shall poll or offer to poll more than once at the same election or shall personate any other person for the purpose of poling at such election he shall be liable to a penalty not exceeding Fifty pounds in default of payment to imprisonment for any term not exceeding three calendar months.

24. Seven clear days at the least before the day by this Ordinance appointed for the annual election of the Mayor and Councillors respectively the Mayor shall cause public notice to be given of a place day and hour for the nomination of Candidates for election to the said several offices such day of nomination not being later than three days before the said day of annual election.

25. The nomination of the Mayor and Councillors respectively shall be

signed by two citizens and by each of the persons therein nominated in testimony of his consent to be put in nomination and to act if elected and such nomination shall be in the form in the Schedule hereto annexed marked B or as near thereto as circumstances may admit but no nomination shall be acted upon unless the name shall have been lodged in the office of the Town Clerk before noon on the day fixed for nomination as aforesaid.

26. Should no nomination of Candidates for the office of Mayor or Councillor take place for want of assent in writing of any citizen to be nominated to office within the time fixed for public nomination and on its being so notified by the Mayor it shall be lawful for the citizens to elect any qualified person who shall be nominated although without his consent and the election shall in all other respects be as provided in this Ordinance and be held at a period not exceeding fourteen days next after default.

27. On the day of nomination the Mayor or if he shall be unable to attend a person appointed by him shall attend at noon at the place fixed for the nomination at which time and place he shall cause all nominations lodged with

the Town Clerk to be publicly opened and read [aloud] if there shall be such number of candidates as are required to be elected and no more he shall declare such candidates to be duly elected but in the event of there being more than the necessary number of candidates nominated he shall adjourn all further proceedings to the Ninth day of October in case of election of Councillors and the Twentieth day of October in the case of election of Mayor and cause such adjournment and the object of such adjournment and the names of the

candidates nominated to be published daily in one or more of the local newspapers until the polling day and on such day the election shall be by ballot to be conducted as is hereinafter provided.

28. The polling for election of Mayor and Councillors within the said town according to the provisions of this Ordinance shall be held before some Councillor or other person for that purpose appointed by the Council and the voting shall commence at nine o,clock in the fore-noon and shall finally close at four o’clock in the afternoon of the same day and shall be conducted in manner following that is to say every citizen entitled to vote in the election of Mayor and Councillors may vote for any number of persons not exceeding the number then to be chosen and the presiding Councillor or other person as the case may be shall furnish to the said voter a white printed voting paper marked with the initials of the presiding Councillor or other person as the case may be containing the Christian and Surname of each candidate and no other matter or thing and there shall be provided separate apartments or places forming part of the polling booth

into which the voter shall immediately retire and there alone and inprivate without interruption shall draw a line through the name or names of the candidate or candidates for whom he does not intend to vote but in case such voter shall be unable to read he shall signify the same to the Councillor or other person presiding who shall thereupon strike out the name or names of such candidate or candidates as the voters may designate and such voters shall then fold the same paper and immediately deliver it so folded to the Councillor or other person presiding who shall forthwith publicly and without opening the same deposit it in a box provided for that purpose and no voting paper so deposited in any box shall on any account be taken therefrom unless in the presence of scrutineers after the close of the election provided that no voting paper shall be received unless it be folded so as to render it impossible for the Councillor or other person presiding or any other person to see what candidate or candidates the vote is given and any voter wilfully infringing any of the provisionsof this section or obstructing the

voting by any unnecessary delay in performing any act within the polling booth or room shall be liable to a penalty not exceeding Twenty Pounds or in default of payment to the imprisonment for any term not exceeding one month.

29. Before the opening of the poll at every election of Mayor and Councillor the presiding Councillor or other person taking part in such election shall sign a declaration as follows I AB Councillor or other person (as the case may be) do hereby solemnly declare that I will not disclose or make known under any circumstances whatever either directly or indirectly the names of voters who shall vote at this election or of the person or persons for whom they shall vote unless

required to do so by course of law or by any competent authority duly authorized and appointed to enquire into and ascertain such fact or facts.

30. No person elected to be Mayor or Councillor until this Ordinance shall be capable of acting as such until he shall first in the presence of any two

Councillors have made and subscribed the following declaration (that is to say) I AB having been elected Mayor or one of the Councillors for the Town of Hokitika do hereby declare that I take the office upon myself and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability.

31. If any extraordinary vacancy shall occur in the office of Mayor or Councillor the Citizens entitled to vote shall upon a day to be fixed by the council (such day being not later than fourteen days from the occurrence of such vacancy) elect another qualified citizen to supply such vacancy and such election shall be held and the voting and other proceedings in case of a contest shall be conducted in the same manner and subject to the same regulations as are hereinbefore prescribed with respect to the election of Mayor and Councillors and every citizen so elected shall hold such office until the time at which the Mayor or Councillor in room of whom he was chosen would regularly have gone out of office and he shall then go out of office but be capable of re-election.

32. In case no election shall be made of Mayor or Councillors upon the day or within the time appointed by this Ordinance for any such election or such election being made shall afterwards become void whether such omission or voidance shall happen through the Officer who ought to preside at such election or by any accident or other means whatsoever the said Corporation shall come under no disability by reason thereof nor be prevented from proceeding as soon thereafter as conveniently may be to an election of such Mayor or Councillor and every act necessary for the completion of such election may be done and shall

be as effectual and valid for all purposes as if the election so delayed had been made on the proper day appointed for the same to have taken place.

33. Every citizen who shall be duly elected to the office of Mayor or Councillor shall accept such office by taking making and subscribing the Declarations aforesaid within five days after notice of his election or shall in lieu thereof pay to the Corporation the fine specified in the Schedule of penalties for the non-acceptance of such office which shall thereupon be deemed to be vacant and shall be filled up in the manner hereinbefore mentioned Provided that all persons who shall have already served such office (or paid the fine for not accepting such office) within five years next before the day on which he shall

have been so re-elected shall be exempt from accepting the same office if he shall claim exemption within five days after notice of his election nor shall any member or officer of the General Assembly of New Zealand or of the Provincial Council of Canterbury nor any person holding any permanent civil or military employment under the General or Provincial Governments or being a military navl marine commissariat or ordnance officer on full pay in Her Majesty’s service be liable to serve in or to be fined for non-acceptance of any office under this Ordinance and any person elected into any corporate office may at any time resign such office on payment of the fine which he would have been liable to pay for the non-acceptance of the same office.

34. If any person holding the office of Mayor or Councillor under the provisions of this Ordinance shall be declared or become insolvent or shall obtain any order for the protection of his person or goods under the laws of the said Colony of New Zealand relating to insolvency or shall during his term of office compound by deed or otherwise with his creditors or being Mayor shall be absent from the meetings of the Council without leave of the Council for more than one calendar month or being a Councillor for more than three calendar months

without such leave then and in every such case such person shall become disqualified and shall cease to hold such office respectively and in case of such absence shall be liable to the same fine as if he had refused to accept the said office and the Council thereupon shall forthwith declare such office to be vacant by public notice and the said office shall thereupon become vacant but every person so becoming disqualified and ceasing to hold such office on account of is being declared or becoming insolvent according to the laws relating to insolvency or being protected thereunder or compounding as aforesaid shall on obtaining his certificate or on payment of his debts in full or being by deed under seal released therefrom be capable (if otherwise qualified) of being re-elected and every

person becoming disqualified to hold such office on account of absence as aforesaid shall on his return to the said town be capable of re-election provided he shall then be otherwise qualified Provided that the Council may at their discretion reduce the amount of or altogether remit any such fine.

35. No person shall act as Mayor or Councillor without making the Declaration hereinbefore required in that behalf or without being duly qualified at the time of making such declaration or after he shall cease to be qualified according to the provisions of this Ordinance to hold any such office Provided that all acts and proceedings of such person so acting as Mayor or Councillor shall notwithstanding such disqualification be as valid and effectual as if such person had been duly qualified.

36. At all meetings of the Council the Mayor or in his absence such Councillor as the members assembled shall choose to be chairman shall preside and such presiding Chairman in all cases of equality shall have a casting vote Unless five members are present no meeting of the Council shall be constituted for the transaction of business and all acts to be done by the Council (except where any special provision is made herein) and all questions of adjournment or other questions may be done and decided by a majority of members present provided five at least be present.

37. Minutes of the proceedings of such meetings shall be drawn up and fairly transcribed in a book to be kept for that purpose and shall be signed by the

Mayor or other Chairman and such minute book shall be open to the inspection of any qualified citizen at all reasonable times.

38. The Mayor may at any time call a meeting of the Council.

39. Any three members of the Council by requisition signed by them for that purpose may call upon the Mayor to convene a meeting of the Council and in all cases where the Mayor shall refuse or neglect so to do the said three members may call a meeting by public notice to be signed by them stating therein the time

and place of meeting and the nature of the business proposed to be transacted thereat.

40. Previously to any meeting of the Council (except in cases of emergency when the Council may be convened to meet within any less time) notice to attend such meeting signed by the Town Clerk shall be sent to each member of the Council two days before the time appointed for such meeting.

41. If in consequence of the death absence or any lawful impediment it shall not be possible for any Councillor or for the Town Clerk or any other person to perform or such Councillor or Town Clerk or other person shall fail to perform any particular matter or thing which by this Ordinance he is directed to perform the Mayor for the time being may appoint any other person to perform the same and

if by reason of death absence or any other lawful impediment the Mayor shall be prevented from performing or shall fail to perform any matter or thing which he may by the provisions of this Ordinance be required to perform the Council may either perform the same or by a majority of their votes appoint some other person to perform it.

42. The Council shall constitute an open Court for the revision of the Citizens’ Lists and for hearing and determining the claims of the Citizens to be inserted in such Lists and the objection of any one of such Citizens to any other Citizen having his name retained thereon ten days public notice being previously given

by the Town Clerk of the time and place of the sitting of such Court the same shall sit for the purposes aforesaid one or more days not being later than the First day of October in every year.

43. The claim by any Citizen to have his name inserted in such List and every objection by a Citizen to the name of any other Citizen being retained on such List shall be respectively in the form specified in the Schedule hereunto annexed marked C nor shall any such claim or objection be available unless as respects claims the same shall have been lodged at the office of the Town Clerk not later than the Twenty-fifth and as regards objections not later than the Twenty-seventh day of September in every year.

44. The Town Clerk shall cause alphabetical lists of all such claims and objections to be prepared and exhibited in some conspicuous place or places in the said town for three days at least prior to the sitting of the Court of revision and shall also give public notice thereof.

45. The Town Clerk or other Officer appointed by the Council shall at such times during the continuance of his office or after the expiration of or removal from his office and in such manner as the Council shall direct deliver to the Council or to such person as they shall authorise for that purpose a true and correct account in writing of all matters committed to his charge by virtue of this Ordinance and also all moneys which shall have been by him received by virtue thereof and how much thereof shall have been disbursed and for what purpose together with the proper vouchers for such disbursements and also a list of the names of all such persons as shall not have paid the moneys due from them to the Corporation for the purposes of this Ordinance and of the amount due from each of them and every such Officer shall pay all such moneys as shall remain due from him as herein provided.

46. The Council may from time to time cause maps of the said town and the suburbs thereof to be constructed and all or any of the maps aforesaid or any part thereof to be copied or engraved and published and sold as they may deem expedient.

47. The public roads squares paths markets and thoroughfares and all drains ponds and ditches mot being private property within the said town for all the purposes of this Ordinance shall be under the care control and management of the Council.

48. The Council may license any bazaar or repository within the said town for the sale therein of horses horned cattle carriages and other vehicles and to take from the same such fees as they may by any bye-law or public notice from time to time appoint.

49. The Council may cause such fountains as they may deem necessary for the public convenience and health to be made and constructed in or upon any of the public streets or places within the said town and accept and take the management of any fountain or watercourse which may be surrendered to them for public use and cause all such fountains and watercourses to be from time to time altered enlarged repaired and cleansed as the Council may deem proper.

50. The Council by contract or otherwise as they may deem proper may cause the several streets thoroughfares squares and public places within the said town or such of them as they shall think fit to be lighted with gas oil or otherwise during such time as they may deem requisite and in like manner may provide such lamps lamp-posts gas-pipes and other works and materials as may be necessary for that purpose and may manufacture or contract for the manufacture of gas for lighting such streets and public places and provide or contract for gasometers and all requisite apparatus and machinery and

appropriate purchase or rent subject to the provisions hereof any land which may be necessary for the establishment of such manufacture.

51. The Council or any person or company with whom the Council may contract for lighting the said streets and public places or any of them may under the control and direction of the Council and the superintendence of the Town Surveyor break up within the said town the soil or pavement of any street and fix and lay therein such lamp-posts and pipes as may be necessary for the purposes aforesaid and may cause the same to be fixed upon or against the exterior of any house or building or the walls of fences thereof within the limits of the said town.

52. Subject to any contracts the Council may cause any lamps to be taken down and removed to any other place within the said town and to be altered as to the mode of giving light thereby and any material used therein or thereby and any material used therefor and to be increased or diminished in number from time to time as they may think fit.

53. If at any time before the said town shall be so wholly or chiefly lighted as aforesaid the majority of the ratepayers in any principal street may be desirous that the same shall be lighted with lamps the Council shall cause the same to be so lighted either under the provisions herein contained or otherwise and may and are hereby authorised as to any moiety of the expenses to be so incurred to defray the same out of the general rate and Corporation fund for the time being

but if such fund shall not be sufficient then by a special rate under the provisions hereof and as to the other moiety of the expenses of lighting such street the same shall be paid by the inhabitants thereof rateably either according to their assessments for the general rate or according to the lineal frontage of the premises lighted and either from year to year or for such number of years and

upon such terms and conditions as the Council shall determine and the moiety of the expenses aforesaid may be collected and shall be recoveable rateably from each of the inhabitants of the said street by any Collector of Rates or duly authorised Officer of the Corporation under any of the provisions herein

contained for the collecting and enforcing payment of the general rates.

54. The streets and roads fixed at the original setting out of the site of the said town as delineated on the public maps and plans deposited at the office of the Chief Surveyor of the said Province and such streets and roads as have been since opened and dedicated to the public or surrendered to the accepted by the Corporation as a public street or which may hereafter be so opened and

dedicated to the public or surrendered and accepted or which may be formed by the Council by virtue hereof shall be deemed for the purposes of this Ordinance public streets.

55. A plan under the hand of the Mayor and Town Surveyor of every street or part of street or public place which shall be so set out showing thereon the breadth of the carriage way and footways therein respectively shall be deposited and kept at the office of the Town Clerk who shall on every such deposit cause public notice thereof to be given wherein shall be stated the defined breadth of the carriage way and foot ways in such street respectively.

56. The Council may as they think proper and necessary cause public streets foot ways foot crossings assages and places in the said town to be restrictively paved flagged macadamized improved repaired and kept in good condition with such materials as the Council shall think proper and to be raised lowered or altered in such manner as the Council shall deem proper and may cause all necessary sewers gutters drains and water-courses to be made along or under the said several public streets and other public places and vary and

alter the same from time to time in such manner as the Council shall think proper.

57. The Town Surveyor during such time as any street or place within the said town shall be under repair or during the making or repairing of any sewers or drains therein may prevent the passing of any carriages carts drays horses and cattle whilst such works and repairs are in progress by causing such fences or bars to be placed on or across any such streets or public places as they may deem proper provided that such Surveyor shall during the time that such fences

or bars shall be continued cause to be affixed such lights during the night as shall be sufficient to prevent injury or danger to carriages or passengers.

58. The Council may cause to be painted or colored or may affix upon the walls of any house within the said town any board or plate having painted thereon the name of any street or place or such notice as may be conducive to the public convenience or may affix on such house any letters in wood iron or

other material by which such names of streets or notice may be expressed so as to be clearly legible.

59. The Council may assign a number to each house in every street and public place within the said town which number the occupier of every such house is hereby required to paint or affix upon the door thereof within fourteen days

after notice to that effect signed by the Town Clerk or Town Surveyor shall have been served upon such occupier.

60. The Council may from time to time cause any public street within the said town to be watered and they are hereby authorised to employ such men horses and watercarts as may be necessary for that purpose and for defraying the expense to be occasioned thereby to make a separate rate which may be apportioned among the inhabitants of any such street either according to the assessed value of the respective properties or holdings therein or to the lineal frontages of such buildings or holdings and for the purpose of collecting and enforcing payment of such rate the Council may appoint any such Officer or

Agent as may be necessary and may exercise the like powers and remedies as are herein provided for collecting levying and enforcing any general rate to be made by virtue of this Ordinance.

61. The Council shall cause footpaths in the public streets within the said town to be made as nearly as practicable of the same breadth and levels and for that purpose may remove or reduce any flagging steps unevenness of surface or whatever may obstruct render uneven or contract such footways or any of them.

62. The Council may fix the place at which crossing places for vehicles and animals from any public street to private residences or other premises on either side of the said street shall be made over any footway and may by any by-law regulate the width and specify the mode in which and the materials whereof such crossing places shall be constructed.

63. Upon the application of any owner or a majority in number of any owners of property who may require a communication with the street by means of such crossing as aforesaid the Council may permit the same to be constructed under the superintendence and to the satisfaction of the Town Surveyor in conformity with the provisions of this Ordinance.

64. The Council may adopt all such measures as they may deem necessary for the cleansing of the said town and the preservation of the public health and

for the prevention and suppression of nuisances and for more effectually carrying such objects into effect may appoint one or more Officers to be called Inspectors of Nuisances.

65. The Council shall cause streets foot-paths and surface drains within the said town to be kept at all times properly cleansed and all refuse to be duly removed therefrom and shall cause the ashes filth and rubbish from dwelling houses and other buildings and premises in the said town to be carried away at convenient hours and times and all privies and cess-pools within the said time from time to time to be emptied and cleansed in a sufficient and proper manner provided that the occupier of any house building or premises may keep the night- soil ashes or rubbish which may be made on his own premises for manure and from time to time remove the same so that such retention and removal be not a nuisance to the inhabitants residing near such premises and that such removal

be made at such times and in such manner as shall be directed by the Council.

66. The Council may employ or contract with any person for sweeping and cleansing the streets and removing all refuse therefrom and from houses and all other premises within the said town and for emptying privies and cess-pools on such days and at such hours and in such manner as the Council may from time to time appoint and all such scavengers and contractors are hereby authorised and empowered to execute all such works and duties as they may respectively be employed or shall contract to perform at the time and in the manner prescribed by the Council for that purpose.

67. The Council may provide places either within or without the said town for the deposit of the night-soil dung ashes and other filth and rubbish to be removed or collected under the authority of this Ordinance.

68. The night-soil dung ashes filth and refuse which the Council shall cause to be carried away and collected from the streets houses privies sewers cess- pools or elsewhere within the said town shall be the property of the Corporation and they shall have the power to sell and dispose of the same as they shall think proper and the moneys arising from the sale thereof shall be paid to the funds of the Corporation.

69. No person other than the person employed by or contracting with the Council for that purpose shall collect and carry away any night-soil dust ashes filth or rubbish by this Ordinance directed to be removed except as provided in section sixty-five.

70. The Council either separately or in conjunction with any Commissioner or other authorised body for supplying the said town with water may cause such reserves tanks main pipes and fire plugs to be constructed and laid down in such streets and public or other places as the Council may deem necessary for affording a constant and ample supply of water for use in the event of any fire or conflagration within the said town and either separately or in conjunction with any Fire Insurance Company or any Volunteer Fire Brigade or other persons may procure such fire engines fire escapes ladders and other machines and

apparatus made use of for extinguishing and in cases of fire and may in like manner organize and establish any Fire Brigade or accept the services of any Volunteer Fire Brigade and make provision for or contribute towards the payment of any Superintendent Officer Fireman or other person employed therein to grant any sums of money as rewards for meritorious conduct or compensation for personal injry to any person assisting in the extinguishment or preventing the spreading of the fire or in the rescue of or attempting to rescue any persons animals or goods therefrom within the said town and may cause alarm bells to be fixed in such situations and make such further and other regulations from time to time for the more effectual extinction and suppression of fires as they may deem expedient.

71. No person shall stack or pile in the open air or store for sale within the said town any hay straw or thatch except in premises to be licensed by the Council on the report of the Town Surveyor as fit for such purposes and the Council may by by-law make such regulations for the proper construction of buildings and premises wherein such materials and articles may be stored and sold as they may deem meet.

72. No pit or place shall be used for the deposit of ashes therein within the said town except such as shall be constructed wholly of incombustible material and shall be carried up on all sides with the same material two feet at least above the surface of the ground and no person shall deposit any embers or ashes liable to kindle in the open air nor unless with the consent of the Council first obtained shall any person light any fire within the said town in the open air.

73. If the chimney-flue of any dwelling house or other premises within the said town shall take fire by reason of its having been suffered to become foul or from any neglect carelessness or default of the occupier of such dwelling house or other premises or of his servant or other person using such chimney-flue such occupier shall forfeit for every such offence the fine specified in the Schedule of Penalties Provided that if any defendant shall plead that such chimney-flue did not take fire in consequence of its being foul or any such neglect carelessness or fault as aforesaid the proof thereof shall be upon such defendant.

74. On or before the Twentieth day of April in each year the Council shall cause to be prepared and published in the Provincial Government Gazette a statement of the rents profits and receipts which shall be estimated as the probable income of the Corporation for the year ensuing together with such roposed outlay and expenditure for the same period as the Council may deem necessary for the purposes of this Ordinance and also for the purposes of any other Ordinance Act or Law for the time being in force which may impose on such Corporation the performance of any duties without providing any funds out of which the Corporation can make such necessary outlay and expenditure.

75. For raising such portion (if any) of the proposed expenditure as the estimated probable income of the Corporation may be insufficient to meet the Council may order assessments of all buildings lands tenements and hereditaments within the said town to be made according to the full fair and estimated annual rent clear of all outgoings at which the same would be let from year to year.

76. For the making and completing of any assessment authorised hereby

any valuator and his assistants may between the hours of nine a.m. and five p.m. enter any property within the said town subject to assessment under the provisions hereof and in case admission thereto shall be denied by the owner or occupier then after the expiration of three days from the leaving at the residence of the person so refusing notice in writing of the intention of such valuator to

enter and view the property to be assessed for the purposes of this Ordinance he with his assistants may summarily act in execution of all or any of the powers hereby given.

77. Each Valuator is hereby required during the progress of such assessment to leave with the owner or occupier of the property assessed a note of the particulars thereof and the value placed upon the same and to deliver to the Town Clerk within the time allowed by the Council the assessment fairly written in a book.

78. Every such assessment shall be submitted for allowance to the Council at the meeting which shall take place next after the delivery thereof at the office

of the Town Clerk and being allowed shall thereupon be signed by the Mayor and continue open for inspection as hereinafter provided.

79. Within twenty-one days next after the allowance of such assessment by the Council the Town Clerk shall give public notice thereof and that the same is deposited and may be daily inspected at his office by any person interested therein during such reasonable terms as shall in such notice be specified.

80. Every person interested in such assessment whether as principal or agent shall be entitled to take extracts therefrom in respect of any property of which he is the owner or agent upon payment of one shilling.

81. If at any time it shall appear to the Council that any property which ought to have been included in such assessment book shall have been omitted therefrom or that the name of any person has been inserted therein as the owner or occupier of any property in respect of which some other person ought to have been assessed or that any other matter purely of error shall need rectification in such book the Council may cause a description of the property so omitted and

the name of the owner or occupier to be inserted therein together with the annual value at which such property shall be assessed and may also substitute for the name of the person erroneously inserted therein as the owner of the property assigned the name of the true owner or occupier thereof and correct any other such error in the assessment book as may be requisite.

82. Any person may within ten days after the publication of the notice appeal against the assessment on any of the grounds following that is to say that he is not the owner or occupier of the whole or any or some particular part of the rateable property for which his name appears as owner or occupier that the rateable property for which he appears to be the owner or occupier is assessed beyond the full and fair annual value that any rateable property or the owner or occupier of any rateable property within the said town is omitted from the assessment that any rateable property is assessed below its full and fair annual value that any property included in the assessment is not rateable.

83. Appeals against assessment or alteration of assessment shall be heard before the Resident Magistrate’s Court held nearest to the Offices of the Town Clerk and shall be commenced by notice served by the appellant within the period allowed for appeals upon the Council and also upon any person whose name it is proposed to insert in the assessment or whose property it is alleged is

omitted or assessed below its full and fair annual value and a copy of such notice shall be delivered to the clerk of the Resident Magistrate’s Court six days before the day of hearing.

84. The appeal shall come on for hearing at the sitting of the Resident Magistrate’s Court next after sixteen days from public notice of the assessment or alterations appealed against having been given and the Town Clerk shall produce the assessment book appealed against and upon examining the parties and the witnesses on oath the Court at the sittings aforesaid or at some adjourned or subsequent sittings may make such order as may be just and shall cause any alteration occasioned by the decision of the appeal to be made by the clerk of the Cvourt in the assessment book and may make such order as the

Court may think fit for the payment of costs by or to the Council to or by the appellant or by or to any respondent other than the Council to or by the appellant.

85. No lands or buildings or other property used by either the General or Provincial Governments for any public purpose within the said town nor any hospital lunatic asylum benevolent institution or buildings used exclusively for public purposes nor any church chapel or buildings used exclusively for public worship nor any other building used exclusively as a school whether private or public shall be subject to any rates to be levied by virtue thereof and on assessment of any buildings part whereof only shall be used as a school public or private the valuator acting in the premises by virtue hereof shall allow a proportionate abatement in respect of the part so used as a school and shall specify the same on his assessment.

86. 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.

87. 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 effecting 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 each 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.

88. If at any time two-thirds of the number of persons liable to the payment of rates in any street or part of any street shall request the Council to make and levy a rate upon the rateable property of 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 make and levy such rate accordingly and to apply the proceeds thereof in or towards the execution of such work Such rate 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 thereby rated and shall be collected and be recoverable as herein provided for in respect of the General Town Rates.

89. The person primarily liable to the payment of rates under this Ordinance shall be the tenant of the property rated who shall be in possession thereof at the time when such rate may be made or due or recoverable and if such property be vacant and no sufficient distress found thereon then the owner shall be liable.

90. When any rate shall have been made and be payable the collector of rates or any other person appointed by the Council shall leave with the tenant or owner in possession of each property rated written or printed particulars of the

rate to be collected in respect thereof and which shall specify also the number and description of such property in the assessment book the time allowed for payment of such rate and the consequences of default in payment.

91. Every such rate shall be deemed payable to the Town Clerk or Collector authorised to receive the same who is hereby empowered in his own name to receive sue for and recover from the person liable therefor any rate payable under the provisions hereof.

92. If after the expiration of the time limited for the payment of any rate to be collected under the provisions hereof in respect of any property assessed any person liable to pay the same shall neglect or refuse so to do the Collector of Rates by virtue of the warrant of his appointment to office may satisfy such rates by distress and sale of the goods and chattels of the person so liable together with such charges as the Council may authorise Provided always that if any person or persons against whom any such distress shall have been executed shall allege that he or they have been aggrieved thereby such person shall upon payment into Court if the amount distrained on appeal to the Resident Magistrate’s Court for the district providing such appeal be heard at the first practical sitting of such Court after the distraint made and such case shall be heard in the same manner as an ordinary case for debt and in case such Court shall decide such appeal in favor of the appellant the amount paid into Courtshall be repaid to such appellant and the Court may award such costs as may appear just and in case such appeal shall be decided against such appellant the Court may order him to pay such costs as may be deemed just.

93. When any owner or lessor of any property assessed shall by virtue of

this Ordinance or by contract or otherwise be liable to payment of any rates to be collected in respect thereof and such rates shall be required from and paid by

any person primarily liable then such person may set off the amount so paid against any rent due from him to such owner or lessor and the Collector’s receipt for such rates shall be a discharge of rent and evidence of payment to the amount specified therein if the rates so paid and satisfied shall exceed the rent due such person may either set off such amount against accruing rent or recover

the same by action as for money paid and if after notice shall have been given by the person primarily liable to the owner or lessor of the rates demanded and

there shall be no rent due from him in respect of the property rated and such person shall be compelled to pay such rates he may sue the owner or lessor as for money paid and shall be entitled to recover the same with full costs

94. The rents and profits of lands tenements and hereditaments and the interest dividends and annual proceeds of all moneys and securities for money with all rates dues tolls fees belonging or payable to the Corporation or to any Officer thereof by virtue hereof and all other sources of revenue whatsoever moneys notes bills and securities as and when the same shall be received shall be paid into and deposited within Forty-eight hours with such one or more Bank or Banks in the said city as the Council may froim time to time direct to the credit of the Corporation of the said town and the funds so paid to any such account shall not be withdrawn except under an order of the Council and by cheque

signed by the Mayor or two other Members of the Council and countersigned by the Town Clerk.

95. The funds of the Corporation excepting funds derived from special rates shall be applied to and towards payment of the allowance (if any be made) to the Mayor of the salaries allowances or commission of the Town Clerk and other Officers whom the Council shall appoint of the expenses which shall be necessarily incurred in carrying into effect the provisions of this Ordinance and such further expenses as under the direction of the Council shall be incurred for the public benefit of the inhabitants and repair of the streets the sewerage

lighting and all other improvements of the said town and all such works matters and things as may be entered upon and executed by virtue hereof.

96. Proper books shall be kept for the purpose of entering all sums of money received and paid on behalf of the Corporation which books shall at all times be open to the inspection of the Mayor or any Councillor.

97. The accounts of the Corporation shall be balanced twice a year and a balance-sheet for the year ending the First day of September in each year shall within thirty days next hereafter be prepared by the Town Clerk and delivered to the Auditors for examination for which purpose the Town Clerk shall produce to them the audited accounts of the Corporation for the preceding year and all books papers and vouchers relating to the Corporation accounts which may be required by the Auditors for such audit.

98. An account of all moneys received and expended by virtue and for the purposes of this Ordinance signed by the Mayor and Town Clerk and certified by the Auditors of the town specifying the total sum received from each source of income and the total annual revenue and the total amounts disbursed underr each head of expenditure and the total outlay made up to the First day of September in each year shall on or before the First day of December be printed and published for distribution among the citizens or advertised for public information as the Council may direct.

99. The Council may borrow at interest on the credit of the rates hereby authorised to be levied from time to time (except special rates) any sum which with any amount previously borrowed and remaining unpaid shall not exceed Fifty Thousand Pounds and in the event of any part of such money being repaid may re-borrow the same but so that there shall not be owing on the security

aforesaid more than Fifty Thousand Pounds at any one time and for securing the repayment of the moneys so to be borrowed with interest the Council may assign such rates or any part thereof to the person who shall advance or lend such money or his trustees as security for the repayment of such advance with interest but the Council shall not be authorised to borrow or re-borrow any such sum or sums of money until a resolution to that effect shall have been previously made

by the Council at a meeting specially called for that purpose and at which two- thirds of the members shall be present.

100. Every such assignment shall be by instrument under the seal and at the expense of the Corporation and within the consideration shall be truly stated and may be according to the form in Schedule D or to the like effect.

101. All persons to whom such assignments shall be made or who shall be entitled to the moneys thereby secured shall in proportion to the sums therein respectively mentioned be creditors on the rates excepting special rates equally one with another without any preference in respect of the priority of advancing such moneys or of the dates of any such assignments respectively.

102. A Register of such assignments shall be kept by the Town Clerk and within Fourteen days after the date of such assignment a memorial specifying the number and date thereof the principal sum secured thereby and the names of the parties thereto with their proper additions shall be entered in such Register and such Register may be perused at all times by any person interested therein without charge.

103. The interest of money borrowed upon every such assignment granted under the provisions hereof shall be of an equal rate and in no case exceed ten per centum per annum and shall be payable half-yearly to the several persons entitled thereto unless otherwise provided by the condition of such securities respectively.

104. It shall be lawful for the Council and it is hereby required from and out of the rates so chargeable as aforesaid in each and every year from the first raising of any sums of money under the authority hereof until the whole amount so raised and the interest thereon shall have been duly paid to set apart as a sinking fund such sums of money as to the Council shall seem sufficient to pay the amount of the principal money so raised and such sums shall be paid over by the Council as soon as they shall be set so apart to three persons to be

appointed from time to time by the Superintendent of Canterbury to act as trustees thereof and such sums shall be by such trustees invested in such securities as the Superintendent shall from time to time direct and the annual profits of such sums so invested shall be in like manner invested and such sums so invested and the proceeds of the securities on which they have been invested and the annual increase thereof shall be applied in payment of the principal moneysso raised but the interest on the moneys so raised shall be paid annually or otherwise by the Council out of the Corporation funds not set apart and such interest shall not be paid out of the sinking fund the trustees of the said sinking fund shall when directed by the Superintendent so to do make sale of and realize the securities upon which such sums of money so set apart as aforesaid have been invested and pay thereout such of the moneys raised by such Council and the interest thereon as shall be due or payable and for the payment of which the moneys invested in such securities were set apart.

105. The moneys raised by the rates hereby authorised to be charged with such securities as aforesaid shall be applicable firstly to the payment of interest of all principal money borrowed and secondly to the specified and general purposes of this Ordinance.

106. No person shall blast with gunpowder nor any blasting powder or other material any stone timber or other material or thing within the said City without the permission in writing of the Council or Town Surveyor first obtained.

107. If any meeting or adjourned meeting for the nomination election or admission of any Officer or for the transaction of any other business of the

Corporation hereby required to be held shall fall on a Sunday Good Friday Christmas Day or Fast Day or Holiday proclaimed by the Governor of New Zealand or the Superintendent of the Province of Canterbury such meeting shall be held on the day next ensuing or within Three days next thereafter at the like hour provided that any person whose term of Office would according to the provisions hereof have expired on any such Sunday Good Friday Christmas Day or Fast Day or Holiday shall during the interval aforesaid continue in exercise of all the duties and powers of such Office.

108. It shall be lawful for the Council to make by-laws for the maintenance of order the suppression of nuisances and 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 the Provincial Council and provided further that no penalty to be imposed by any such by-law shall exceed the sum of Ten Pounds for anyt neglect or breach thereof nor the further sum of Five Pounds for each day after written notice of such neglect or breach shall have been given to the offender.

109. In the construction of this Ordinance the words in the table following shall unless inconsistent with the context have the respective meanings hereby assigned to them.

Definitions and Explanations.

Public Notice when directed by this Ordinance shall be sufficiently given by insertion thereof in one or more of the local newspapers or such other newspapers as the case may require and the Council direct.

The several statements of offences against this Ordinance in the Schedule of Penalties hereto annexed shall be read as if each such statement commenced with words importing the Commission by some person of such offence and as if each such statement respectively concluded with the words contrary to this section meaning the section of this Ordinance the number of which is set opposite to each such statement and further as if the whole of such section or so much thereof as constituted such offence had been repeated in each such statement the words within the town had been made use of.

“Owner” where any notice shall be required to be given to the owner of any lands messuages or hereditaments within the said town or where any act shall be authorised or required to be done with the consent of any owner and the word “owner” shall be understood to mean the person for the time being receiving or entitled to receive the rents and profits thereof whether on his account or as

agent attorney or trustee for any other person.

“Penalties” the figures denoting the pecuniary fines in the Schedule of Penalties hereto annexed shall be read as if the same had been expressed in words denoting the amount of each specific fine and as if such words had been preceded by the words “every such person shall forfeit and pay for every such offence the sum of”

“Street” shall include every public square place road terrace or thoroughfare

or any private street subject to the provisions of this Ordinance and may be used in any summons information or indictment under this Ordinance.

“Town Engineer” shall mean the Engineer for the time being of the Council of the Town of Hokitika.

“Time” In all cases in which any particular number of days not expressed to be clear days as prescribed by this Ordinance or shall be mentioned in any order of the Council the same shall be reckoned exclusively of the first day and inclusively of the last day unless the last day shall happen to fall on a Sunday Christmas

Day Good Friday or gazetted Public Holiday or Fast Day which case it shall be reckoned exclusively of such day or days.

110. All fines and penalties imposed under or by virtue of this Ordinance or any by-law made hereunder shall be recovered in a summary way.

111. This Ordinance shall be entituled and may be cited as “The Hokitika

Municipal Corporation Ordinance 1867.”


Schedule A.

Boundary of the Town of Hokitika.

The Boundaries of the Town of Hokitika shall for all the purposes of this Ordinance be the boundaries specified in the Proclamation of the 30th June 1866 published in the Provincial Government Gazette of that date declaring the Town

of Hokitika to be a Municipal district under the “Municipal Council Ordinance

Amendment Ordinance 1866.” Schedule B.

Corporation of Hokitika.

Annual Election of (Mayor Councillor as the case may be) for the year ending

186 .

I A.B. of (inser name of residence and calling and No. of property on

Assessment Book) hereby propose

(signature of A.B.)

I D.E. of (insert the like) hereby second

(signature of D.E.)

E.F. (insert the description of candidate if two the like also for the second) as a fit and proper person to be elected Mayor or Councillor of this Town.

(Signature of candidate or candidates.)

Schedule C.

Claim of A.B. of (insert the residence and calling of the claimant) to have his name inserted on the Citizens’ Roll of the Town of Hokitika in right of (insert description of property) situate in (state the street or No. of section) within the said City being No. in (or omitted from as the case may be) the Assessment for the present year or being or being omitted from the Citizens’ Roll for the present year.

Dated the day of 186 . (Signature of claimant.)

Objection of D.E. (insert the residence and calling of the objector) to E.F. (insert name and description of E.F. as entered on the Citizens’ Roll of the Town of Hokitika on the ground (shortly state objection).

Dated day of 186 . (Signature of Objector.)



Schedule D.

Form of Mortgage of Rates.. Mortgage Number. Corporation of Hokitika

By virtue of an Ordinance entituled “The Hokitika Municipal Corporation Ordinance 1867” the Mayor and Councillors and Citizens of the Town of Hokitika in the Westland District of the Province of Canterbury in consideration of the sum of paid to them by A.B. of for the purposes of the said Ordinance do grant and assign unto the said A.B. his executors administrators and assigns all (here describe the rates or moneys to be mortgaged) to hold to the said A.B. his executors administrators and assigns from the day of the date hereof until the said sum of with interest at the rate of per centum per annum for the same shall be fully paid and satisfied and it is hereby declared that the said principal sum shall be repaid on the day of

and that in the meantime the interest thereof shall be paid on the day of and the day of in every year.

In witness whereof the said Mayor and Councillors have hereunto set their Corporate seal this day of One thousand eight hundred and sixty.

Schedule of Penalties.


Notes.

This Ordinance was passed by the Canterbury Provincial Council on the 3rd

January 1867, and assented to by the Superintendent on the 9th January.


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