824
THE NEW ZEALAND GAZETTE.
[No. 29

“Person” includes a firm, also a corporation, and the owner and occupier and the agent of any land within such area.
Words importing the masculine gender include the feminine.
Words importing singular number include the plural, and words importing the plural include the singular.

With Respect to Nightsoil, Closets, and Privies.

1. From and after the date upon which this by-law comes into operation no person shall make, build, erect, or permit or suffer to be made, built, or erected, any cesspool or cesspit, or any, or any other like receptacle for nightsoil, on any land situated within the area to which this by-law applies, or cover with earth, or bury, or permit or suffer to be covered with earth, or buried, any nightsoil on any such land, or place, conduct, or drain, or continue to place, conduct, or drain, any nightsoil in or into any cesspit or cesspool erected and being on any such land, or deposit or place any nightsoil in any place or receptacle on such land, except in the pan or receptacle in a privy or closet as hereinafter mentioned.

2. No person shall drain nightsoil, or permit the same to be drained or flow, into any channel, ditch, or drain on any land situated within such area, or into any river, stream, or watercourse on or adjoining any such land, or into any drain or ditch upon the line or within the limits of any roads, streets, or ways within such area.

3. No person shall spill or cast, or permit or suffer any nightsoil to be spilt or cast, upon any land, street, road, or way within such area.

4. No person shall remove, cart away, or permit to be removed or carted away, any nightsoil from any land situated within such area, or from any building, closet, or privy being thereon, without authority in writing from the Road Board.

5. From and after the date upon which this by-law shall come into operation, if in the opinion of the Road Board any privy or closet, building, or other receptacle for the deposit of nightsoil erected or being upon any land within such area (except where such privy, closet, building, or other receptacle is connected with the public sewers) is a nuisance, or likely to become a nuisance, or injurious to health, the Road Board may order the owner or occupier of any such land,—

   (a.) To abolish such privy, closet, building, or other receptacle;

   (b.) To amend, alter, construct, or reconstruct the same or any part thereof, and to furnish the same so as to make the same conform with this by-law as hereinafter mentioned, and to satisfy the requirements thereof.

6. Every person who shall, at any time after the date of the coming into operation of this by-law, construct a closet or privy (except where such privy or closet is connected with the public sewers) on any land situate within such area shall construct and furnish the same in manner hereinafter provided.

   (a.) He shall furnish such privy or closet with a reservoir or receptacle of suitable construction and of adequate capacity for dry earth or other deodorising substance, and he shall construct and fix such reservoir or receptacle in such manner and in such position as to admit of ready access to such reservoir or receptacle for the purpose of depositing therein the necessary supply of dry earth or other deodorising substance.

   (b.) He shall construct or fix in connection with such reservoir or receptacle suitable means or apparatus for the frequent and effective application of a sufficient quantity of dry earth or other deodorising substance to any filth which may from time to time be deposited in any pan constructed, fitted, or used in and in connection with such closet.

   (c.) He shall also place and provide in or in connection with such closet or privy a pan so that the position and adjustment of such pan may admit of the frequent and effective application of a sufficient quantity of dry earth or other deodorising substance to any filth which may from time to time be deposited in such pan.

   (d.) He shall also construct such closet or privy so that the contents of such pan may not at any time be exposed to any rainfall or to the drainage of waste water or liquid refuse from any adjoining premises.

   (e.) He shall also construct such pan of such material and in such manner as to prevent any absorption by any part of such pan of any filth deposited therein, or any escape by leakage or otherwise of any part of the contents of such pan.

   (f.) He shall construct such pan so that the bottom or floor thereof shall be in every part at least three inches above the level of the surface of the ground adjoining such pan.

   (g.) He shall construct such closet or privy in such a manner and in such a position as to afford ready means of access thereto for the purpose of cleansing the same and of removing filth therefrom, and in such a manner and in such a position as to admit of all filth being removed from such privy or closet, and from the premises to which such privy or closet may belong, without being carried through any dwellinghouse.

   (h.) He shall provide such privy or closet with a sufficient opening for ventilation, as near to the top as practicable, and communicating directly with the external air.

   (i.) He shall construct such privy or closet in such manner as to afford adequate access to the space beneath the seat thereof for the purpose of cleansing such space, or of removing therefrom or placing and fitting therein the appropriate pan for filth.

   (j.) No privy or closet shall have an opening directly on any road, street, or public place within such area.

With Respect to Night-carts.

1. No person shall convey any nightsoil along any street or road within such area between the hours of 7.30 a.m. and 9.30 p.m.

With Respect to Nuisances.

1. No person shall lay or construct a drain under any public or private street or road, footpath, or right-of-way within such area, except such as shall be made or built of iron, stone, brick, glazed pipes, or concrete, and except with the consent in writing of the Road Board being first obtained.

2. Neither the owner nor the occupier of any land situate within such area, or other person for the time being in charge of any premises thereon, shall cause, or permit, or suffer any offensive matter or liquid whatever to be discharged from such land or premises into or upon any street, road, or right-of-way, or public place within such area, or into or upon any ditch or drain being within the limits of such street, road, or right-of-way; and any such owner or occupier, or other person who, after receiving notice that offensive matter or liquid has been or is being so discharged, fails to remove the same, or to prevent and put an end to such discharge, shall be deemed to be guilty of a breach of this by-law.

3. No person shall permit any land situated within such area, or any premises thereon, to become a nuisance by reason of injurious smells arising therefrom, or by the accumulation of offensive matter thereon or therein.

4. All drains, water-closets, earth-closets, stables, dog-kennels, fowlhouses, outhouses, yards, and ashpits on any premises on any land situated within such area shall be maintained and kept by the owner, occupier, or agent of such land and premises so as not to be a nuisance or injurious to health, and so that there shall be no overflow or soakage therefrom.

5. No person shall throw any animal with the intention of drowning it, or any dead animal, or offensive matter, or rubbish of any kind, into any river or public watercourse, drain, or water-channel within such area, or shall throw or leave any dead animal or offensive matter on any land, street, or road within such area.

6. Every person who shall construct an ashpit in connection with a building shall construct such ashpit at a distance of six feet at the least from 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.

7. He shall construct such ashpit in such a manner and in such a position as to afford ready means of access to such ashpit for the purpose of cleansing the same and of removing the contents thereof, and, so far as may be practicable, in such a manner and in such a position as to admit of the contents of such ashpit being removed therefrom, and from the premises to which such ashpit may belong, 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.

8. He shall construct such ashpit of a capacity not exceeding in any case nine cubic feet, or of such less capacity as may be sufficient to contain all dust, ashes, rubbish, and dry refuse which may accumulate during a period not exceeding one week upon the premises to which such ashpit may belong.

9. Any person committing a breach of or failing to comply with any of the provisions of this by-law shall be liable to, and shall for each offence forfeit and pay, a penalty not exceeding the sum of five pounds.