Oct. 10.] THE NEW ZEALAND GAZETTE. 2951

used as a house or part of a house, and placing
the same upon a site in the district, shall be deemed
to be the erection of a new house within the mean-
ing of these by-laws.

PART I.
Minimum Building-area.

1. No person shall erect a new house in the district upon
   a site of less area than 6,223 sq. ft., and unless such area
   shall have a frontage of at least 42 ft. to a public highway,
   road, or street; and such area and frontage shall not be
   thereafter reduced, but shall be maintained as part of the
   curtilage and as exclusively belonging and appropriated
   to such house while the same shall be standing: Provided
   that this clause shall not apply to prevent the erection of
   one new house on an allotment, lot, or section which does
   not comply with the requirements thereof, but which is shown
   as a separate and distinct area on any public plan or on
   any plan lodged or deposited in the Deeds Register Office
   or District Land Registry Office at Auckland prior to the
   date of the passing of these by-laws, or on a site owned at
   such time by a person not owning any adjoining land.

2. If in the opinion of the Board the configuration of any
   land is such that the enforcement of a compliance with
   these by-laws or any clause thereof would seriously incon-
   venience any person, and it appears to the Board that the
   public health and the sanitary requirements of the district
   can be conserved notwithstanding the relaxation of these by-
   laws, or any clause thereof, and the imposition of other terms
   and conditions, the Board may accordingly by resolution
   relax the same upon such terms and conditions as it may
   impose; and these by-laws shall, so long as but no longer
   than such terms and conditions are observed and complied
   with, have no application; and no person shall at any time
   make, cause, or suffer any default in the observance of or
   compliance with the said terms and conditions or any of
   them.

PART II.
Building.

3. No person shall erect any building intended wholly
   or in part for residential purposes, or alter any building
   not erected therefor, so as to make the same fit therefor,
   unless such buildings shall have a frontage for its full width
   to some public road, street, or highway.

4. No person shall proceed to erect any building or structure
   or addition thereto within the district the total cost of which
   shall exceed the sum of £20, without having first complied
   with the requirements of clause 5 hereof, but the erection
   of or addition to any building used or intended to be used
   as a dwelling shall not be deemed to be exempt under this
   clause from the requirements of clause 5 hereof.

5. Every person intending to build, add to, or reconstruct
   any building or other structure not exempted under clause 4
   hereof shall apply to the Board, or to such person appointed
   by the Board from time to time for that purpose, in the form
   of the Schedule hereto, for a permit to build, and shall deposit
   with such application plans and specifications of the build-
   ings or other structures intended to be built, and shall also
   pay to the Board, or person so appointed by the Board,
   the fee due upon the same according to the following Schedule,
   and shall not proceed with the work until the permit has
   been issued.

Schedule.—For a building to cost a sum not exceeding
£50, 5s. For every additional £50 or part thereof of the
cost of such building, then 2s.

6. No person shall use any old materials in the erection
   of any dwellinghouse unless the same shall be sound, have
   been cleaned, and certified by the Building Inspector as
   suitable for such use.

Every person making application under this clause for a
certificate to use old material shall pay to the Building
Inspector an inspection fee of 5s.

7. No person shall use any materials which shall in the
   opinion of the Building Inspector be unsuitable from any
   cause whatsoever for use in any building, and any materials
   which he may so declare unsuitable shall within twenty-
   four hours be removed by the person in charge of the works
   from the site of the proposed building.

8. No building shall be erected, added to, or altered in
   such manner that the outer side of any external wall thereof
   shall be situated within 2 ft. of any boundary of the site
   upon which such building shall be erected, added to, or
   altered, or within 4 ft. of the other side, but the 2 ft. space
   may be omitted by the erection of a brick or concrete wall
   on that side; provided also that there shall be a clear space
   of at least 20 ft. from any dwellinghouse to the rear portion
   of the section, and no outhouse shall be erected within 6 ft.
   of the rear portion of such dwellinghouse.

9. No part of any plate or joist of any house shall be at a
   less distance in the case of a plate than 3 in., and in the case
   of a joist than 6 in., from any portion of the ground below
   or immediately adjoining such plate.

10. The owners and occupiers of any building used or
    intended to be used, or constructed or adapted to be used,
    either ordinarily or occasionally as a church, chapel, or other
    place of public worship, or private hospital, college, school,
    theatre, public hall, public concert-room, or as a place of
    assembly for persons admitted by ticket or otherwise, or
    for any other purpose, shall within a period of three calendar
    months after these by-laws shall come into force cause the
    doors of every such building to be so erected or constructed
    as to open outward freely, and thereafter to be so maintained.

11. No person shall commence the erection of any building
    upon any site not having sufficient subsoil drainage to pre-
    vent such site being damp, and the ground underlying every
    building shall be so formed and graded that no water can
    flow or lodge thereon or under any part of such building.

PART III.
Sanitation.

12. No owner or occupier of any dwellinghouse or other
    building shall permit any drainage or other offensive matter
    to discharge upon any public road or street in the district,
    unless the drains therefrom and the water-channels into
    which such drains discharge are kept flushed for a distance
    of 66 ft. when required, and at least once in each week during
    the months of November, December, January, February,
    March, and April.

13. No person shall convey or cause to be conveyed through
    or upon any road or street in the district any cart, wagon,
    float, or other vehicle used or intended to be used by any
    person in the removal of nightsoil or other offensive matter,
    except between the hours of 11 o’clock post meridian and
    4 o’clock ante meridian.

Clause 12 of the by-law made by the Board by special
order on the 16th day of March, 1904, is hereby revoked,
and the foregoing clause inserted in lieu thereof.

14. No manure, refuse, or other offensive matter shall be
    allowed to accumulate on any premises so as to become a
    nuisance, nor shall any manure, refuse, or other offensive
    matter be allowed to remain upon any road or street, or
    within 20 ft. of any public road or street, for a longer period
    than twelve hours.

15. These by-laws shall apply to the whole district. They
    shall come into operation on their being gazetted.

16. If any person shall commit a breach of any of these
    by-laws he shall be liable to a fine not exceeding £5, and in
    case of a continuous breach to an additional fine not ex-
    ceeding £5, for every day on which the breach is continued
    after the first day. The continued existence in a state
    contrary to any by-law of any work or thing shall be deemed
    a continuous breach within the meaning of this clause.

SCHEDULE.

The Clerk, Point Chevalier Road Board.

I BEG to make application for a permit for the erection of
a building for Mr. , on Lot No. of Subdivision
No. of Section No. , having a frontage
of feet to Road [or Street], by a depth
of feet, and in accordance with plans now lodged.

The contract price is £ .

. . . . . . . . . . . . , Builder.

[Date.] [Address.]

In pursuance of section 109 of the Public Health Act,
1908, I hereby approve of these by-laws.

R. H. MAKGILL,
District Health Officer.

The above by-laws were made by special order of the
Point Chevalier Road Board at a special meeting held on
Monday, the 12th day of August, 1912, and duly confirmed
at a subsequent meeting of the Board held on the 16th day
of September, 1912.

The common seal of the Inhabitants of the Point Chevalier
Road District was affixed hereto at a meeting of the Point
Chevalier Road Board held on the 16th day of September,
1912, in the presence of—

THOS. DIGNAN,
Chairman.

F. FAIRWEATHER,
Member.

H. T. G. McELROY,
Clerk.

I, Herbert T. G. McElroy, of Point Chevalier, in the Pro-
vincial District of Auckland, in the Dominion of New Zealand,
Clerk to the Point Chevalier Road Board, do hereby certify
that the foregoing by-laws were duly passed as a special