8

Notice to Own- ers, &c., of ruin- ous building.

5. If any building or wall or anything affixed thereon be deemed by the proper officer of the Council to be in a ruinous state and dangerous to passengers, or to the occupiers thereof, or of the neighbouring buildings, such officer shall immediately cause a proper hoard or fence, and if he shall deem it necessary props to be put up for the protection of passengers and of such occupiers, and shall also if he shall deem it necessary cause the neighbouring buildings to be properly shored up, and shall cause notice in writing to be given to the owner of building or wall if he be known and resident within the Borough, and shall also cause such notice to be put on the door or other conspicuous part of the said premises, or otherwise to be given to the occupier thereof (if any) requiring such owner or occupier forthwith to take down, secure, or repair such building, wall, or other thing, as the case may require.

6. If such owner or occupier do not begin to take down, repair, or secure such building, wall, or other thing within the space of three days after such notice shall have been given, or put up as aforesaid and complete such taking down repairs or securing as speedily as the nature of the case will admit, such officer may make complaint thereof to two justices, and it shall be lawful for such justices to order the owner, or in his default the occupier (if any) of such building, wall, or other thing, to take down, rebuild, repair, or otherwise secure to the satisfaction of such officer the same or such part thereof as appears to them to be in a dangerous state within a time to be fixed by such justices; and in case the same be not taken down, rebuilt, repaired or otherwise secured within the time so limited, or if no owner or occupier can be found on whom to serve such order, the Council shall, with all convenient speed, cause all or so much of such building, wall, or other thing as shall be in a ruinous condition and dangerous as aforesaid, to be taken down, rebuilt, repaired, or otherwise secured in such manner as shall be requisite, and all the expenses of putting up every such hoard, fence, and props, and of shoring up such buildings, and of taking down, rebuilding, repairing, or securing such building, wall, or other thing shall be paid by the owner thereof, and any two justices may order such payment.

Materials may be sold.

7. If any such building or wall 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 or wall, and the Council shall restore any overplus arising from such sale to the owner of the building or wall on demand.

8. If such owner cannot be found within the Borough, or sufficient distress of his goods and chattels within the Borough cannot be made, and the said expenses or any part thereof remain unpaid, the Council after giving twenty-eight days’ notice of their intention to do so, by posting a notice in a conspicuous place on such building or wall, or on the land whereon such building or wall stood, may take such building or land, provided that such expenses or so much as remains due be not paid or tendered to them within the said twenty-eight days, making compensation to the owner of such building or land in the manner provided by the “Lands Clauses Consolidation Act, 1863,” in the case of lands taken otherwise than with the consent of the owners and occupiers thereof and the Council shall be entitled to deduct out of such compensation the amount of the expenses so unpaid as aforesaid and may sell or otherwise dispose of the said building or land for the purposes hereof.

Passed by the Council this the Eleventh day of April, 1870.

ANDREW DUNCAN,
Mayor.

GEORGE GORDON,
Town Clerk.

I hereby certify that the above Bye-law is in compliance with the 184th section of “The Municipal Corporations Act, 1867.”

GEORGE GORDON,
Town Clerk.

REGULATION No. 1.—NEW BUILDINGS.

A Regulation of the Council of the City of Christchurch, under part V. of the 13th Schedule of “The Municipal Corporations Act, 1867.”

In pursuance of the said Schedule of the said Act the Council of the City of Christchurch make the following Regulation, that is to say:—

1. This Regulation shall come into force within the district, and at the times herein mentioned, that is to say, as to the portion of the City of Christchurch described in Schedule A to this Regulation, on the Eleventh day of July, 1870. And as to any other portion of the City which may from time to time be added thereto by resolution of the Council on such day as shall be appointed in that behalf by such resolution.

2. For the purpose of this Regulation the words “new buildings” shall be deemed to mean any buildings (whether to be erected in place of any buildings burnt down or damaged by fire, or not to be so erected).