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together with the costs of any proceed- road, or shall encroach by making any ings for recovery of the same, shall house or other building, or any dyke, form a burden upon the land, and may hedge, ditch, or other fence, or in any be recovered by summary proceedings other manner whatsoever on any street before the Justices of the Peace, or or road, or shall make any drain, gutter, any competent Court; and if paid by sink, or water-course across, under, or such tenant or occupant, he shall be upon, or shall turn or conduct any entitled to recover the same from the drain or water-course across, under, or proprietor or other parties holding upon, or in any way break up the sur- right to the rents of such properties. face of any street or road, without the

5. It shall be lawful for the Town consent in writing of the Town Board, Board to make and keep in repair foot- or of their Surveyor, such person shall paths and crossings on the streets and forfeit, for every such offence, a penalty roads, and to cause proprietors, tenants, not exceeding five pounds; and it shall and occupants, to make and keep in be lawful for the Town Board to cause repair footpaths along their respective such house or other building, dyke, properties, according to such direc- hedge, ditch, fence, drain, sink, water- tions or regulations as may be issued course, gutter, or other encroachment, by the Board; and failing any pro- to be taken down or filled up at the prietor, tenant, or occupant, complying expense of the person so offending. within a reasonable time, to be fixed 8. If the parties liable refuse or neg- by the Board, after requisition to be lect to pay any expense incurred by made to such proprietor tenant, or oc- the Town Board for operations per- cupant, or to any attorney, trustee, formed in execution of the powers manager, or guardian of such propri- vested in said Board, it shall be lawful etor, in such manner as the Board shall for the Town Board within sixty days direct, it shall be lawful for the Town after the same has become due, to cause Board to cause such footpaths to be to be lodged with the Registrar of formed at the expense of such pro- Deeds for the Province of Otago a prietor, tenant, or occupant; and the minute in the form or to the effect of expense being ascertained, the amount the Schedule hereto appended, certify- thereof, together with the costs of any ing the date when the said expense pro-ceedings for recovery of the same, became due, and the non-recovery shall form a burden upon the property, thereof (which certificate shall be conclu- and may be recovered in like manner, sive proof of the facts so certified), and and by the tenant or occupant, as above declaring such expense and the costs prescribed with regard to the expense of proceedings for recovery of the same, of Fences and Footpaths. and interest on the whole at the rate of 10 per centum per annum, to be a

6. It shall be lawful for the Town real burden affecting the property Board to make drains and gutters on described in said minute, until legally any street or road, and to conduct the discharged by the Treasurer for the water therefrom into any adjoining time being of said Town Board; and land, ditch, or water-course, said drains, every such burden registered within and in so far as situated on any street or the period above specified shall be ef- road, being maintained at the public fectual against and preferable to all expense; and in case the proprietor or conveyances, mortgages, and other bur- occupier shall neglect or refuse to dens of and affecting such property; cleanse any ditch, water-course, or out- and if registered after such period, shall let upon his property, with which such be effectual against and preferable to drains or gutters shall communicate, such conveyances, mortgages, and other when duly required in like manner as burdens, as shall not have been regis- above prescribed with respect to Fences tered prior to the registration of said and Footpaths, the Board shall have minute: And the said Registrar of power to cause the same to be done; Deeds is hereby authorised and required and the expense thereof, together with to record in said Register every such the cost of any proceedings for recovery minute and every such discharge in of the same, shall form a burden upon like manner as any mortgage and dis- the property, and may be recovered in charge of a mortgage, is recorded there- like manner, and by the tenant or oc- in, upon payment of a fee of 2s. 6d. cupant, as above prescribed with regard for every such minute and discharge to the expense of Tenors and Foot- respectively.

7. The Town Board shall hold four paths. separate meetings in the year; that is 7. If any person shall fill up or ob- to say, in the months of January, April, struct any ditch, drain, or gutter, for July, and October.