✨ Provincial legislation regarding town improvements
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cause to be erected, within fifty yards of any
road or street, any steam engine or windmill,
unless such steam engine or windmill shall be
within some house or other building, or behind
some wall or fence, sufficient to screen the same
from the road, so that the same may not be
dangerous to passengers, horses, or cattle; nor
to make any fire for burning or calcining any
limestone, bricks, clay, or the making of coke,
or charcoal, within twenty-five yards of any
road or street, unless the same shall be within
some building, or behind some wall or fence
sufficient to screen the same from such road;
and any person offending against this enact-
ment shall be liable to a penalty for every
such offence not exceeding £10 nor less than
£5, and a further penalty, not exceeding
Forty Shillings, for every day during which
the offence is continued, after notice in writing
from the said Board in this behalf: and the
said Board may cause any sewer, drain, building,
vault, arch, or cellar, erected or constructed
contrary to this enactment, to be pulled down
or otherwise dealt with as they may think fit,
and the expenses incurred by them in so doing
shall be repaid to them by the offender, or be
recoverable in a summary manner before any
Justice of the Peace, as hereinafter provided.
18. Disputed Compensation to be settled by
Arbitration.—In case of any dispute as to the
amount of any compensation to be made under
the provisions of this Act, unless both parties
concur in the appointment of a single arbi-
trator, each party on the request of the other
shall, by writing under his hand, appoint an
arbitrator, to whom the matter shall be referred,
and such appointment shall be delivered to the
arbitrators, and shall be deemed a submission
to arbitration by the parties making the same;
and, after the making of such appointment,
the same shall not be revoked without the
consent of both parties, nor shall the death of
either party operate as a revocation.
19. If either party neglect to appoint Arbi-
trator, or if Owner absent, Resident Magis-
trate to appoint Arbitrator.—In case either of
the said parties shall refuse or neglect to
appoint an arbitrator for the space of fourteen
days after being requested so to do by the other
party, or in case the owner of any land through
which any drain or sewer shall be made shall
be absent from the Province or cannot be
found, the Resident Magistrate shall appoint
an arbitrator to act on behalf of such owner or
other party as aforesaid.
20. Arbitrators to appoint Umpire, and if
Arbitrators do not make Award within Three
Months, Umpire to make Award.—In case
there be more than one arbitrator, the arbi-
trators shall, before they enter upon the
reference, appoint by writing under their hands
an umpire, and if the person appointed umpire
die or become incapable, or refuse to act, the
arbitrators shall forthwith appoint another
person in his stead; and in case the arbitrators
cannot agree, or shall fail to make their award
within three months from the day on which
the last of them was appointed, the matters
referred shall be determined by the umpire,
and such umpire shall make his award within
three months from the day on which the
matters in dispute shall be referred to him as
aforesaid.
21. Costs of Reference in discretion of
Arbitrators, and Submission may be made a
Rule of Court.—All costs consequent upon
the reference shall be in the discretion of the
arbitrator or arbitrators, or umpire, as the case
may be; and any submission to arbitration
under the provisions of this Act may be made
a rule of the Supreme Court of New Zealand.
22. Board to have power to construct
Reservoirs, &c.; Persons injuring same, or
polluting streams, &c., liable to Penalty.—
The Board shall have power to construct and
maintain (except on private lands) such wells,
tanks, reservoirs, and other waterworks as they
shall think proper for supplying the inhabitants
of the town with water; and also to prevent
any such well, tank, or other waterwork, or
any public spring, river, or stream of water
within the limits of the said town from being
fouled or rendered impure or unfit for drinking;
and any person or persons who shall by them-
selves or their agents, do or cause to be done
any act calculated to pollute or render foul any
such wells, reservoirs, rivers, or streams of
water, or who shall throw into the same any
rubbish, dirt, filth, or other noisome thing, or
who shall wash or cleanse therein any cloth,
wool, leather, or skin of any animal, or any
clothes, or other thing, shall, on conviction
before any Justice of the Peace, forfeit and pay
any sum not exceeding ten pounds, and every
such person shall forfeit a further sum of
twenty shillings for each day (if more than
one) that such offence shall be continued.
23. New Streets not to be less than 20 feet.—
It shall not be lawful for any person to
make or lay out any new street, road, square,
court, alley, or thoroughfare, in the said town,
unless the same, being a carriage road, be at
least 30 feet wide, or, not being a carriage road,
be at least 20 feet wide.
24. Power to order Chimneys to be height-
ened, &c.—If the Board shall consider any
chimney, by reason of its being of an insufficient
height, or, from any other cause, likely to
endanger any building near or adjoining, they
shall cause a notice in writing, signed by any
member of the Board, or their Clerk, to be
given to the owner of such chimney, or left
upon the premises where such chimney shall
be standing, requiring such owner, within a
✨ LLM interpretation of page content
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Publication of a Bill to provide for the improving of the Town of Nelson
(continued from previous page)
🏘️ Provincial & Local GovernmentNelson, Provincial Council, Bill, Town of Nelson, Board of Works, Legislation, Drainage, Infrastructure
Nelson Provincial Gazette 1856, No 1