✨ Provincial Legislation (Nelson)
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rate, or respecting any other proceeding at a general meeting, shall be referred to the Superintendent and Executive Council by the petition in writing of five or more electors, presented within ten days after the day of the meeting at which the disputed proceeding shall have taken place; and all questions respecting the vacancy of the office of members shall be referred to the Superintendent and Executive Council, whose decision shall be final.
11. Board to have power to make Roads, &c.—The Board shall have power within the limits of the said town to make and keep in repair roads, streets, causeways, footpaths, bridges, and the like, and to provide for the establishment of markets and construction of market-places, and other works of public utility.
12. Board to have power to make Drains, &c.—The Board shall also have power from time to time to make all such ditches, drains, sewers, and watercourses, as they may deem necessary for effectually draining or supplying the said town with water, and to carry such ditches, drains, sewers, and watercourses through, across, or under any street, or road, or place laid out as or intended for a street, and also into, through, or under any lands whatsoever, and to cleanse, alter, or stop up the same when necessary, paying to the owner or occupier of such lands for the damage which he shall sustain thereby; and the Board may from time to time change, lessen, alter, cover over, or otherwise improve all or any of the existing sewers, ditches, drains, and watercourses, and may discontinue, close up, or destroy such of them as may be deemed unnecessary: Provided always, that if by reason any person is deprived of the lawful use of any drain, ditch, or sewer, the Board shall provide some other drain, ditch, or sewer as effectual as the one of which he is so deprived.
13. If Owners and Occupiers do not consent to Drains, &c., being made, Notice to be given of Application to Justices, and Plan to be deposited with Clerk to Justices.—Before any such drain, sewer, or watercourse shall be made through any private lands, unless the owner, or agent for the owner, and the occupier of such lands shall signify their consent thereto in writing, the said Board shall cause a written notice to be given to the owners and occupiers of such lands, of their intention to apply to the Justices on a day and at place to be therein named, and which shall not be less than one month, nor more than six weeks from the time of giving such notice, for an order for making such drain, sewer, or watercourse, and shall cause a plan showing the drain, sewer, or watercourse so proposed to be made, together with a reference containing the names of the owners and occupiers of such lands, so far as known, to be deposited with the Clerk to the Magistrates previously to giving such notice as aforesaid. Provided always, that in case the owner of any such land shall be unknown, or shall be absent from the Province, or cannot be found, the said Board may cause such notice to be published for two successive weeks in any newspaper published in the Province, instead of being served upon such owner.
14. Justices may order Drains to be made.—Any two or more Justices of the Peace, having jurisdiction in the Province, may, at a meeting to be held at the time and place mentioned in such notice, hear and determine such application, and any objection thereto; and upon proof duly made to them of such notice having been given, and that it is expedient to make any such drain, sewer, or watercourse through such lands, the said Justices shall make an order, directing such drain, sewer, or watercourse to be made according to the said plans.
15. Board may make Contracts, and appoint Surveyors, &c.—The Board shall have power from time to time to enter into any contracts for the execution of any work to be done under the authority of this Act; and to appoint and employ such collectors, surveyors, clerks, and workmen as they may deem necessary to enable them to carry into execution the provisions of this Act, and, as they shall think proper and necessary, to remove any such officers or workmen and appoint others in their stead; and out of the moneys which shall come to their hands under or by virtue of this Act to pay such contractors, surveyors, clerks, and workmen such remuneration as shall be reasonable.
16. Persons obstructing Work liable to Penalty.—If any person shall obstruct or in any manner interfere with any such drain, sewer or watercourse, such person, on being convicted thereof before any Justice of the Peace, shall be liable to reimburse all charges and expenses which may be occasioned by reinstating and making good the work so altered, obstructed, or interfered with, and shall also forfeit any sum not exceeding £10 nor less than £5.
17. Penalty for making unauthorized Sewers, and building over Sewers, and erecting Windmills, Limekilns, &c., in certain cases.—It shall not be lawful for any person to cause any drain or sewer to communicate with or be emptied into any drain, sewer, or watercourse to be made as aforesaid, nor to cause any building to be erected over such drain, sewer, or watercourse, nor to cause any vault, arch, or cellar to be built or constructed under any street, without the written consent of the said Board first had and obtained; nor to erect, or
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✨ LLM interpretation of page content
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Publication of a Bill to provide for the improving of the Town of Nelson
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🏘️ Provincial & Local GovernmentNelson, Provincial Council, Bill, Town of Nelson, Board of Works, Legislation, Drainage, Infrastructure
Nelson Provincial Gazette 1856, No 1