1348. THE NEW ZEALAND GAZETTE.
      [No. 97

Road Board Elections.

Colonial Secretary's Office,
Wellington, 20th September, 1883.
THE following election of members of a Road Board is
published in accordance with "The Road Boards Act,
1882."
THOMAS DICK.

Mauku Road Board, County of Manukau:
Heywood Crispe.
William Goldsworthy.
George Johnson.
William Salisbury.
Frederick Wightman.

Waterworks By-laws made by the Ashburton County
Council.

Colonial Secretary's Office,
Wellington, 20th September, 1883.
THE following special order, made by the Ashburton County
Council, is published in accordance with "The Counties
Act 1876 Amendment Act, 1882."
THOMAS DICK.

ASHBURTON COUNTY COUNCIL.---WATERWORKS
BY-LAWS.

SPECIAL ORDER.

RESOLVED,-That, in pursuance of the powers vested in it by
"The Ashburton County Council Empowering Act, 1882,"
the County Council of the County of Ashburton do hereby
make the following by-laws, which shall be applicable to the
whole of the system of waterworks under the control of the
Council, and the same shall come into operation upon being
gazetted according to law:-

Interpretation.

In these by-laws the words "the Council" mean the
County Council of the County of Ashburton.
The word "waterworks" has the same meaning as is given
to it in the interpretation clause of "The Ashburton County
Council Empowering Act, 1882."

Diversion of Water.

1. Every person who, without the license of the Council
   first had and obtained, shall divert water from any water-
   works, or cause or permit or suffer water to be diverted there-
   from, shall, on conviction, forfeit and pay for every such
   offence a sum not exceeding £20 for every day during which
   such diversion shall be suffered to continue.

2. Whosoever, having received permission from the Coun-
   cil to divert water from any waterworks, or any other person
   who shall be supplied with water by the Council by means of
   a race or otherwise, or who has access to any waterworks for
   the taking of water therefrom, shall permit or suffer water to
   run to waste from any reservoir, race, channel, pipe, or con-
   duit by means of which he has been permitted to divert
   water from such waterworks as aforesaid, or is being supplied
   with water, or to which he shall have such access, shall, on
   conviction, forfeit and pay for every such offence a sum not
   exceeding £50.

3. Every person who shall divert the water of any stream
   or watercourse, or storm water, from its natural flow into any
   reservoir, race, or other waterwork shall, on conviction, forfeit
   and pay for every such offence a sum not exceeding £50.

4. In any case where the Council possesses the exclusive
   right of collecting for the supply of any reservoir or other
   waterwork the storm water which shall fall upon any gather-
   ing ground, whosoever shall by any means divert any such
   water from the course of its natural flow so that the same
   shall tend to flow elsewhere than to such reservoir or other
   waterwork or some watercourse leading thereto, or shall flow
   to the same in a foul state, shall, on conviction, forfeit and
   pay for every such offence a sum not exceeding £50.

Maintenance of Races.

5. It shall be the duty of every occupier of land through
   which a race or water-channel forming part of any system of
   waterworks shall pass, whether the same be a main branch
   or service-race or channel, and whether it shall be in
   existence at the time of the making of these by-laws or
   shall be constructed hereafter, to keep the said race or water-
   channel in good order and repair and free from all obstruc-
   tions whatsoever; to construct and maintain proper and
   substantial field-crossings over such race or water-channel,
   where the same shall pass through his land, of such kind and
   in such places as may be required; and to obey all regula-
   tions which the Council shall make relative to the adminis-
   tration, maintenance, and repair of races or water-channels
   and the works connected therewith; and, in case of the
   default of any occupier to keep and maintain such race or
   water-channel in good order and repair and free from all
   obstructions whatsoever, and to construct and maintain
   proper and substantial field-crossings as aforesaid, the Council
   may, without notice to such occupier and without releasing
   him from any penalty under these or any other by-laws of
   the Council in force for the time being, or other liability
   which he may have incurred by reason of such default, pro-
   ceed to execute the work so left undone by him, and recover
   the cost of the work from such occupier in any Court of com-
   petent jurisdiction. The facts of such race or other water-
   channel passing through the land of such occupier, and his
   being at liberty to use the water thereof, shall be deemed to
   imply an undertaking and agreement on his part to perform
   the works hereby required to be performed by him, and other-
   wise to observe and obey all by-laws and regulations of the
   Council affecting such race or water-channel.

6. Where a race or water-channel shall pass between the
   lands of two adjoining occupiers such occupiers shall be
   liable to maintain and keep such part of the said race or
   water-channel in good order and repair and free from all
   obstructions, and to erect such field-crossings over the same
   as may be severally required of them; but in all other
   respects the provisions of the last-preceding by-law shall
   apply to them, mutatis mutandis.

7. The provisions contained in the two last-preceding by-
   laws relative to the repair of races and water-channels by
   occupiers of land shall be subject to this restriction, namely,
   that if at any time damage shall be occasioned by floods to
   any main or branch race or water-channel (but not to any
   service-race intended to supply the lands of one person only
   with water) such damage shall be repaired at the cost of the
   Council.

Charge for Maintenance.

8. It shall be lawful for the Council from time to time,
   by resolution in that behalf, to fix an annual charge to
   be paid to the Council by every occupier of land through,
   along, abutting upon, or adjacent to which any aqueduct,
   race, or water-channel shall pass, and the water of which he
   shall be at liberty to use, for the supply of such water. Such
   charge shall be fixed on the basis of a sum to be paid for each
   mile or fraction of a mile in length of the aqueduct, race, or
   water-channel, where the same passes through, along, or
   adjacent to, or abuts upon the land of each such occupier or
   owner, and shall be made payable either in one sum or by
   half-yearly instalments, on such day or days in each and
   every year and at such place as shall be appointed by such
   resolution. All moneys which shall be received by the Council
   hereunder shall be expended upon the maintenance and
   repair of dams, weirs, headworks, and head-races, and the
   inspection and general supervision of waterworks, or other-
   wise in connection therewith as the Council may think fit:
   Provided always that nothing herein contained shall preju-
   dice or affect any covenant or agreement which may already
   subsist, or may hereafter be made, between the Council and
   the owner or occupier of any land relating to the maintenance
   and repair of any waterworks.

Provided, further, that, if the occupier of any land shall fail
to pay any such charge or any instalment thereof within one
calendar month after the day when the same shall become
due and payable, the Council may, if it thinks fit, recover the
same from the owner of such land, but its right to recover
from such owner shall not release such occupier from his
liability to pay such outstanding charge or instalment thereof,
but the occupier and owner of the land shall be severally
liable for the same. Seven days at the least before proceed-
ings are taken against the owner of any land to recover any
such outstanding charge or instalment, notice in writing
under the hand of the Clerk or some other officer of the
Council that such charge or instalment remains unpaid shall
be served upon such owner by either being delivered to him
personally or left or sent by post in a prepaid letter addressed
to him or his agent at his usual or last-known place of abode.

9. The charge mentioned in the last-preceding by-law may
   be imposed either upon the occupiers and owners of all the
   lands watered or benefited by waterworks, or upon the
   occupiers and owners of lands in certain districts only, and
   the Council may by resolution from time to time fix or vary
   the boundaries of such districts, and in like manner may
   lessen or increase the number of such districts. The charges
   in the different districts may vary in amount, and may be
   altered from time to time as the Council shall think fit.

Obstructions and other Injuries to Waterworks.

10. If any person shall do any of the following things:--
    (a.) Obstruct or impede by any means whatsoever the free
    flow of water in or through any aqueduct, race, sluice,
    stream, culvert, or other waterwork, or shall cause the
    same to be obstructed or impeded, or shall place any
    timber, stones, earth, or other material or anything
    whatsoever in, upon, or across any reservoir, aqueduct,
    race, sluice, stream, dam, embankment, weir, culvert,
    or other waterworks:
    (b.) Permit or suffer any gorse, broom, thorn, or other bush
    or plant, or any tree, to grow so that the shoots, foliage,