DUNEDIN ROADS AND STREETS ORDINANCE.

In the Nineteenth Year of the Reign of Her Majesty Queen Victoria.

Session II. No. 13.

Preamble.

ANALYSIS.

1. Repeal of Ordinance Sess. I. No. 7, New Munster.
2. Town Board to have management of Roads, &c., within Dunedin, and the powers of Commissioners under Ordinance No. 9, Session I. of New Munster Legislative Council.
3. Board may enter upon certain lands for making Streets, &c.
4. Board may order Fences to be erected.
5. Footpaths and Crossings to be made and maintained.
6. Drains, &c., to be made.
7. Penalties on persons making encroachments.
8. Expense of operations to be a Real Burden, and to be registered.
9. Town Board to hold Special Quarterly Meetings.
10. Notice to be given of such Meetings.
11. Plans and Specifications of intended alterations to be made.
12. Rates to be levied.—Mode of Assessment.
13. Meeting to consider Assessment.
14. Parties having objections to be heard.
15. Assessments may be recovered from occupiers or tenants.
16. Assessment may be distraught for on a warrant of a Justice of the Peace.
17. Collector or other officer may sue for Assessment.
18. Special Rates may be levied.
19. Proceedings for penalties, &c.
20. Exemption of certain lands and buildings.
21. Meaning of the word “proprietor” in this Ordinance.

An Ordinance to Regulate the Management and Control of Streets and other things in and about Dunedin.

WHEREAS it is expedient to repeal an Ordinance No. 7, Session I., of the Legislative Council of New Munster, as far as regards the Province of Otago, and to make further regulations for the making, management, and maintenance of Roads, Streets, Bridges, Footpaths, and Drains, within the Town of Dunedin, and through, in, or upon the Town Belt;

BE IT THEREFORE ENACTED by the Superintendent of the Province of Otago, with the advice and consent of the Provincial Council thereof, as follows:

1. The aforesaid Ordinance, as far as regards the Province of Otago, shall be, and the same is hereby, repealed.

2. The Town Board of Dunedin, constituted by Ordinance No. 12, passed in the present Session of the Provincial Council of Otago, shall have the management and charge, and the making, repairing, maintaining, and regulating of all Roads and Streets within the Town of Dunedin, and in, through, or upon, the lands commonly called the Town Belt, which are hereby declared to be the limits of the said Town; as also of making, altering, repairing, maintaining and regulating all Bridges, Footpaths, and Drains, which may be necessary to be made through, upon, or in connection with said Roads or Streets; and of promoting, managing, and regulating all other improvements and undertakings within the said Town, or for the benefit of the inhabitants thereof; and within the limits of the same shall be deemed and taken to be, and shall have and exercise all the powers of Commissioners for the Repairs of Streets, within the intent and meaning of the Ordinance “to increase the efficiency of the Constabulary Force” No. 9 Session I. of the Legislative Council of New Munster.

3. It shall be lawful for the Town Board, and for their surveyors and workmen, from time to time to enter upon any land unenclosed or any land uncultivated or lying fallow, through or adjoining which any road or street passes, or is intended to pass, and to stake out such roads, ditches, or arches through, or into, any such land, and to make a temporary way or ways through or over such land, as the Town Board shall think proper, the Board making satisfaction to the owners of such land for the damage thereby occasioned; and if any person shall pull up, remove, or destroy any of the stakes or other marks used, or any part of the fences made in laying out any part of such roads or streets, or injure any drain, ditch, or arch, or temporary way, made as aforesaid, every person so offending shall forfeit and pay for every such offence any sum not exceeding £5.

4. It shall be lawful for the Town Board to require any proprietor, tenant, or occupant, to fence the land or ground belonging to or occupied by him adjoining to any street or road; and failing his doing so within a reasonable time, to be fixed by the Town Board, after requisition be made to such proprietor, tenant, or occupant, or to any attorney, trustee, manager, or guardian of such proprietor, in such manner as the Board shall direct, it shall be lawful to the Town Board to cause such land or ground to be fenced at the expense of such proprietor, tenant, or occupant; and the expense being ascertained, the amount thereof, to—