DEC. 8.]
THE NEW ZEALAND GAZETTE.
3189
without the permission of the Resident Officer, or otherwise
than in accordance with any direction given by him.
23. Trees and Hedges overhanging Streets and Obstructing.—The
authority of the Resident Officer, cut, break, bark, root up,
or otherwise destroy or remove, or cause to be cut, &c.,
any tree, sapling, shrub, or underwood growing in or upon
any public or private street or public place, or other land
under the management or control of the Department, nor
by means of which any nuisance shall in or upon any such
road, street, or place be committed.
24. Removal of Overhanging Trees and Drains, &c., from
Roads.—(1) Any occupier or owner of land, within or under
the hand of the Resident Officer, require the occupier, or, in
his default, the owner, to remove, lower, or trim any tree in or
upon any street within the town do to any of the following
acts:—
(A) To cut or chop up, remove, or otherwise—the
Department any tree, or hedge overhanging or
obstructing in or upon any street; but, in the
opinion of the Department, such removal, lower
ing, or trimming is necessary to prevent any real
injury to the street, or obstruction to the traffic
thereon, or to any channel, drain, or man-hole,
or to any water-race:
(B) To cut down or grub up, as the Department directs,
any gorse, briar, broom, or other noxious plants
arising from the growth of plants, or the spreading
of their seeds or roots, and which, in the opinion
aforesaid, interfere with the frontage of the
road occupied or owned by him.
(2) Within fourteen days of the date of the notice, such owner,
or occupier may, by complaint under “The Justices of the
Peace Act, 1908,” (and to any such proceedings the Statutes,
consequential alterations being deemed made therein, apply),
summon the Department to appear before a Magistrate’s
Magistrate to show cause why the terms of the notice
made, and thereupon all such proceedings shall be had and
taken as in cases arising in or out of any matter referred to in
of “The Municipal Corporations Act, 1908,” the “Depart
ment” being deemed substituted for “the Council.”
(3) For the purposes of this by-law:—
(A) “Road” means, by breaking and keeping cut down
all trees growing in any road, and to do anything
their throwing out any leaf, offshoot, or flower:
and
(B) “Plants” means, and includes gorse, sweetbriar, black
berry, phormium, and eucalyptus.
25. Half Cost of Footways and Channels.—(1) One half of
the cost of making, kerbing, and channelling any footway and
channel constructed or reconstructed by the Department, or
constructed by it of any material, shall be payable by the
occupier or owner of the land fronting such footway, or land
on such footway in the proportion to the length of the foot
way to the land fronting such street or road.
(2) All sums payable to the Department under this by
law may be recovered in any Court of competent jurisdic
tion.
26. Specifications for New Streets.—(1) Where the owner of
any land, being, in the opinion of the Board, a part of “The
Public Works Act, 1908,” such owner shall submit a plan
of the proposed new street or any deviation, or addition to
the land to the general manager and shall grade the street
to be permanent, and shall submit to the Commission
what will be the proposed new street; and it shall be subject
upon between the owner and the Department, and shall
be in the form of an agreement to grade, metal, and make the
same with pumice gravel 4 in. deep and 30 ft. wide for the
Roading, and will be, in the form, and will be so graded,
and shall, before the plan is approved of for registration
purposes, obtain from the Resident Officer a certificate
quality of such plan in which it shows what carried out
his satisfaction.
(2) Nothing in this by-law shall limit the powers of the
Department concerning private streets set out in section 169
of “The Municipal Corporations Act, 1908.”
PART V.—Motors.
This Part of these by-laws is not under “The Motor-
Regulation Act, 1908.”
27. Motor-vehicles.—In this Part of these by-laws, if not
inconsistent with the context:—
“Heavy” means any vehicle propelled by mechanical
power if it does not exceed 3 tons in weight unladen
(or, if a locomotive or traction-engine, if it does not
exceed 4 tons 10 cwt. unladen, or, if a trailer, if it
not exceed 2 tons unladen). In calculating
the weight of a trailer for the purposes of weight
unladen) the weight of any water, fuel, or accumu
lators used for the purpose of propulsion shall not
be included.
“Speed round Corners and over Bridges.” No person shall
drive a motor-car or motor-cycle, or any other vehicle, at
such a speed that it is not in a bridge at the rate of a
speed exceeding five miles an hour.
“To drive at night, without a during the period between
sunset and one hour before sunrise the person in charge of a
motor-car or motor-cycle shall carry and expose upon his
placed as to exhibit a white light in the direction in which he
made to show, as nearly as possible, the width of the
road, and the position of the motor-car, and indicating the approach,
and position of the motor-car.
“To Drive in reverse.” The person in charge of a motor-
car shall attach thereto, and shall use when necessary,
such a mirror or mirrors as will, as far as practicable, afford
sufficient warning of the approaching or position of the motor-
“To drive without a a motor-car is, by reason of any defect,
negligently, or at a speed or in a manner which is dangerous
to the public, having regard to all the circumstances of the
case, including the nature, condition, and use of the highway,
and to the amount of traffic which is actually at the time, or
or which might reasonably be expected to be, on the high-
way.
“To give a vehicle, &c., committed, without consent, the
driver of any car who commits an offence against this by
law shall, on being by any person having reason to give his
name and address on demand, and the motor-car does not bear
the number, his name and address.”
“To give driver his full the driver of a motor-car commits a
this by-law refuses to give his name or address, or gives a
false name or address, he is guilty of an offence; and it
shall be the duty of the owner of the car of, if required, to
give any information in his power which may lead to the
identification and apprehension of the driver, and if the
owner refuses, he is guilty of an offence; and it
“To Stop a in case of accident.” The driver of a motor-
present of a motor-car or any public highway, an accident
by his car to any person, or any animal, or damage to any
any person, the driver of the car shall stop, and, if required,
give his name and address, and also the name and address of
the owner, and the registration mark or number of the car.
“To give information to the person and damage his car.”
Any person who has reason to believe that any car has been
exceeding 25 l. and the amount of any such fine may be
recovered in a summary conviction for an offence in “The
Peace Act, 1908.”
(3) Nothing in other parts of these by-laws that relate to
vehicles shall extend to motors so far as applicable.
PART VI.—PREVENTION OF FIRES.

1. Storing inflammable Substances.—It shall not be lawful
   to make, store, or keep stored any stack of hay, corn, straw
   or other inflammable produce, except in a stack, stackyard,
   or storehouse, and in no other place; and it shall not be lawful
   or public or private street, or public place, or any land of any
   inflammable produce, or stack.
2. Wood-shavings.—It shall not be lawful to deposit any
   shavings, sawdust, and all other inflammable materials or any
   light than 40 ft. from any adjoining land, or from any public
   or private street, or public place, or from any building.
3. Fires in the Open.—It shall not be lawful to make or
   light any fire in any building, save in some properly con
   structed fireplace.
4. Fires in the Open Air.—It shall not be lawful to make
   or light any fire in the open air, without the special permission
   from the Resident Officer: Provided that such permission
   shall not authorize any person to light any fire in the open
   air during the period commencing at sunset between the
   hours of 5 o’clock p.m. and 5 o’clock p.m.
   (2) Any person who, during the period commencing after
   building shall deposit or suffer to be deposited any live ashes
   without first extinguishing, or under control.
5. Dangerous Fireplaces and Chimneys.—The Resident
   Officer any notice in writing on the owner or occupier
   of any building, that any oven or furnace or fireplace or chim
   ney has been proved to the satisfaction of the Resident
   Officer to be in a dangerous state, or any oven or furnace
   or chimney; and the said owner or occupier shall thereupon
   forthwith alter and repair, or remove, the same, as directed.
6. Cleaning and Repair of Chimneys.—(1) Any building
   that is now or may hereafter be erected shall at all times
   have all flue openings; and the owner or occupier shall keep
   in such building thoroughly swept, cleaned, and free from
   all danger of fire.
   PART VII.—PUBLIC HEALTH.
7. Spitting Nuisance, &c., on Streets.—No person shall spit
   or spill or throw or let fall or cast any offensive or other
   offensive matter into or upon any street or public place.