1726
THE NEW ZEALAND GAZETTE.
[No. 77

“Offensive matter” shall include any nightsoil, offal,
putrid meat or fish, entrails of fish, carrion, dead
animals, blood, dung, manures, fish, shells, bones,
rags, dust, ashes, sawdust, soot, refuse of vegetables
or fruit, waste-paper, soap-lees, and impure water.

Penalties.

2. Every person who shall do, or cause or procure to be
   done, anything contrary to or otherwise than as provided by
   these by-laws and regulations or any section thereof, or who
   shall omit to do anything therein required to be done, shall
   be deemed guilty of an offence, and shall be liable for each
   such offence to such penalty, not exceeding £5, as the Court
   or Justices inflicting the same shall in its or their discretion
   think fit.

As to Cesspools and Cesspits.

3. No person shall have, use, or maintain upon his pre-
   mises within the road district, or suffer to be used upon his
   premises, a cesspool or cesspit for the deposit of faecal
   matters and house-refuse without the consent of the Board.

4. The occupier of any premises upon which there shall
   be any cesspool or cesspit which is authorised under this by-
   law shall at all times use such means as shall be necessary
   to prevent the same from being or becoming a nuisance or
   offensive.

Pan-closets.

5. The owner or occupier of every dwellinghouse, shop,
   store, office, tenement, or other premises within the road
   district shall cause to be constructed a pan-closet for the use
   of such dwellinghouse, shop, store, office, tenement, or
   other premises, within one month after receiving notice
   from the Inspector so to do; and all closets for the reception
   of nightsoil shall be pan-closets as hereinafter defined, and
   erected in conformity with the provisions of these by-laws.

6. If at any time hereafter there shall be suffered to be
   upon any premises within the road district any closet, privy,
   or receptacle for nightsoil not being such a pan-closet as
   aforesaid, the owner of such premises, or, if such closet,
   privy, or receptacle shall have been erected or provided by
   the occupier after the coming into operation of these by-
   laws, or if the occupier should be occupying by virtue of a
   tenancy having at least four years to run, then the occupier
   of such premises, shall be deemed guilty of an offence
   against these by-laws. The occupier of every such premises
   shall permit and allow and facilitate the doing by the owner
   of everything upon such premises necessary to enable such
   owner to erect such pan-closet as aforesaid, and in the event
   of his neglect or failure so to do shall be guilty of an offence.

7. A pan-closet shall be a closet constructed in every
   respect in conformity with the following provisions of this
   by-law.

8. The seat of a pan-closet, the aperture in such seat, and
   the space beneath such seat shall be of such dimensions as
   to admit of a movable receptacle for filth, of a capacity not
   less than 2 cubic feet, being placed and fitted beneath
   such seat in such a manner and such a position as may
   effectually prevent the deposit upon the floor or sides of
   the space beneath such seat, or elsewhere than in such
   receptacle, of any filth which may from time to time fall or
   be cast through the aperture in such seat.

9. The seat of such pan-closet shall be so constructed that
   the whole of such seat, or a sufficient part thereof, may be
   readily removed, or adjusted in such a manner as to afford
   adequate access to the space beneath such seat for the
   purpose of cleansing such space, or of removing therefrom
   or placing and fitting therein the appropriate receptacle for
   filth.

10. Such receptacle shall be so constructed that the con-
    tents thereof may not at any time be exposed to any rainfall
    or the drainage of any waste-water or liquid refuse from any
    adjoining premises.

11. Such receptacle shall be constructed of such material
    or materials and in such a manner as to prevent any ab-
    sorption by any part of such receptacle of any filth deposited
    therein, or any escape by leakage or otherwise of any part of
    the contents of such receptacle.

12. Every pan-closet shall in all other respects be well
    and substantially erected. It shall be provided with a
    sufficient opening for ventilation, as near to the top as prac-
    ticable, and communicating directly with the external air.
    It shall be enclosed on all sides, and provided with a door
    placed in the position best adapted to conceal its interior.
    It shall also be screened from the view of the public.

13. Such pan-closet shall be so constructed, and placed in
    such position, as to afford ready means of access thereto for
    the purpose of cleaning the same and removing filth there-
    from, and as to admit of all filth being removed therefrom,
    and from the premises to which such pan-closet belongs,
    without being carried through any dwellinghouse or public
    building, or any building in which any person may be or
    may be intended to be employed in any manufacture, trade,
    or business.

Removal of House-refuse, Rubbish, and Nightsoil.

14. The following provisions shall not apply to such
    matters as are produced by an occupier upon his own pre-
    mises, and are intended to be removed for sale or for his
    own use, and are in the meantime kept so as not to be a
    nuisance.

15. The occupier of every house, building, or premises
    shall provide and keep and maintain at all times upon his
    premises a properly constructed receptacle or receptacles for
    holding house-refuse and rubbish, and shall at all times keep
    the same in good repair and condition.

16. Such receptacle shall be constructed of such material
    or materials and in such a manner as to prevent any ab-
    sorption by any part of such receptacle of any offensive
    matter which may be deposited therein, or any escape by
    leakage or otherwise of any part of the contents of such
    receptacle.

17. Such receptacle shall be so constructed and be of such
    capacity as to be capable of being easily and conveniently
    carried by one man from the place where it is kept to the
    most accessible street.

18. Such receptacle shall be constructed in such manner
    and placed in such a position at all times as to afford ready
    means of access to the same for the purpose of removing the
    contents thereof to the most accessible street, and, so far as
    may be practicable, in such a manner and such a position as
    to admit of its being carried, with its contents, to such street,
    without its being carried through any dwellinghouse or
    public building, or any building in which any person may be
    or may be intended to be employed in any manufacture,
    trade, or business.

19. The occupier of every such house, building, or pre-
    mises shall promptly and regularly deposit or cause to be
    deposited in such receptacle and keep therein all house-
    refuse and rubbish not being of a liquid nature, and shall
    not put any liquid therein.

20. The place for the deposit of rubbish, house-refuse, and
    nightsoil shall be at the rubbish depot, at the Wai-o-hi-harore
    Block, or such other place or places as may be appointed
    from time to time by the Board.

21. No nightsoil shall be buried, or cast, or deposited
    within that portion of the road district as defined in by-law
    number 26 hereof.

22. No person shall empty or cause to be emptied any
    privy or cesspool, or load, carry, or remove, or permit or
    suffer to be removed, any nightsoil or offal, within the road
    district, save between the hours of 11 o’clock p.m. and 6
    o’clock a.m. of any day of twenty-four hours, nor at any
    time otherwise than in a securely covered cart.

23. No person shall deposit any nightsoil, offal, filth,
    rubbish, or other refuse or offensive matter in any place
    other than such place or depot as shall or may from time to
    time be appointed or provided by the Board.

24. Whenever a contract shall be subsisting and in force
    between the Board and a contractor providing for the re-
    moval by such contractor of nightsoil and house-refuse, and
    rubbish and other similar matters, from premises within
    the road district, no occupier of any premises, or any other
    person, shall remove from any premises any nightsoil, house-
    refuse, rubbish, or other similar matter as aforesaid, or
    suffer to be removed except by such contractor or his
    servants or agents.

25. Whenever no such contract as is mentioned in the
    last clause shall be in force, the occupier of every premises
    within the Whataupoko Road District shall cause to be re-
    moved from his premises once at least in every week all
    nightsoil, house-refuse, and other similar matter as afore-
    said.

26. Until the Board shall by resolution determine other-
    wise, the above by-laws and regulations, numbered from 1
    to 26, shall only be in force in that portion of the Whata-
    upoko Road District as follows:—

The whole of Blocks A, B, and C, Whataupoko, and that
portion of Block D, Whataupoko, nearest said Blocks A, B,
and C: bounded by Russell Road, thence to the Waimata
River, and thence to the junction of Stafford and Whitaker
Streets.

Correct copy.

Hy. McKay,
Clerk.

Gisborne, 17th day of October, 1898.

I hereby certify that the foregoing special order has been
duly made by the Whataupoko Road Board, as required by
“The Road Boards Act, 1882.”

Hy. McKay,
Clerk to Whataupoko Road Board.

Gisborne, 17th day of October, 1898.