Local Government Bye-Laws




said Town of West Hawksbury, by virtue of the authority in them vested, that from and after the day on which these Bye-Laws shall have been confirmed by the Superintendent and published in the Provincial Government Gazette, as provided for in the said Part XIII of the said Act, the said Bye-Laws shall come in force within the said Town of West Hawksbury.

BYE-LAW NO. I.

Regulations for Drains for discharging surface water from Land.

  1. Every owner or occupier of land in, adjoining to, or near any street, if such land shall be so situated that surface or storm water from or upon the same overflows or tends naturally, if not otherwise discharged, to overflow any footway of such street, shall within seven days next after the service of notice by the Council for that purpose, construct and lay from such point upon such land being near to the footway, as shall be specified in such notice by plan appended or otherwise, and higher in level than the bottom of the channel, and through, under, and traversely to the footway, and keep in good condition such covered drain or trunk subject to the inspection of such officer as the Council shall have appointed in that behalf, and in default of compliance with any such notice within the period aforesaid or with the provisions of this Regulation such owner or occupier shall forfeit a sum not exceeding forty shillings for every day during which he shall make default.

BYE-LAW NO. II.

Regulations for Crossing over Footways and Channels.

  1. Every person who wilfully and without lawful excuse rides or drives any horse or other animal, or drives or wheels any carriage, cart, or other vehicle upon, along, or across any footway or water channel or gutter, herein called channel, by the side of any street, save in each such case upon and by or at some crossing to be made as hereafter mentioned, shall forfeit a sum not exceeding five pounds, and shall also pay to the Council such sum not exceeding ten pounds by way of compensation for any damage done by him to the footway or channel as the Justice adjudicating upon the information shall on the hearing thereof order.

  2. If any land shall front to, adjoin, or abut upon the footway of any street, and if access with horses and vehicles from such street to such land, or to some sufficient way appurtenant thereto cannot be had without riding, driving, or wheeling the same respectively upon or across the footway or the channel, if any, lying along the outer edge thereof, and if the owner of such land shall desire that a crossing for horses and other animals and for vehicles be made as herein provided, over such footway and channel, and shall give a notice in writing of such his desire to the Council, and in such notice describe the land in question, and the proposed work with reference to the specification deposited as hereinafter mentioned, such specification being in accordance with the provisions hereof, and with such regulation as may be in force in that behalf, it shall be lawful for such owner, after seven clear days from giving such notice, and not before (with no unnecessary delay or obstruction), at his own cost, and under the inspection of such officer as the Council shall have appointed for the purpose, to make such crossing according to the tenor of such notice and specification, and not otherwise, and the owner of such land shall afterwards in like manner maintain the same.

  3. Every such owner who desires as aforesaid that any such crossing shall be made shall, before giving notice to the Council as herein provided, deposit with the Town Clerk a specification describing the proposed work with respect to each of the several matters hereby, or by any such regulation in force in that behalf required or provided.

  4. If any crossing across or over any footway or channel to any land or any appurtenant thereto, or to any private street, shall have been made before the coming into operation of this regulation, but shall in any respect not be in accordance any regulation made hereafter, the Council may if they shall see fit, cause the same to be altered so as to conform to such regulation, and if such crossing shall have been made contrary to any Bye-Law in force at the time of making the same, the Council may recover the expenses of such alteration before any Justice of the Peace.

  5. If any crossing shall be out of repair, and the person liable to maintain or repair the same shall for seven days after notice from the Council to that effect neglect properly and completely to repair the same he shall forfeit for every day that such crossing shall remain so unprepared a sum of forty shillings, and the Council may, if they shall see fit, effect such repair and recover the same from such person before any Justice.

BYE-LAW NO. III.

Regulations for Discharging and Depositing Rubbish, &c.

  1. Any person who causes to run from any manufactory, or any establishment for the boiling or preparing of any animal matter, or any brewery, slaughterhouse, butcher’s shop, or any dunghill or other receptacle, or from any inn into or upon any street, public or private or any footway or channel, and every occupier of any land or premises, who causes or permits to run from such land or premises into or upon any such street, footway or channel, any offensive liquid or matter, shall for every day during which any such liquid or matter shall so run, forfeit a sum not exceeding five pounds.

  2. Any person who shall set, place, lay, deposit, shoot, or discharge any ashes, rubbish, broken glass, offal, dung, soil, dead animals, blood, or other filth, or annoying thing within the bounds of the said Town shall forfeit for each offence a sum not exceeding ten pounds.

BYE-LAW NO. IV.

Regulations for Obstructions to Streets by Cattle, &c.

  1. If any cattle shall be found upon any land not being a common, and such that there is no fence whether upon the same land or any other dividing such first-mentioned land from the streets, public or private, of the town, or any of them, without any person having charge of such cattle, the owner of such cattle shall forfeit a sum not exceeding twenty shillings for every head of such cattle, and the proper officer of the Council may seize such cattle and place the same at some neighbouring place of safe custody, and any Justice, if such owner be not known, upon proof of the issue of a summons in the usual form, addressed to such owner as “owner” only without otherwise naming or describing him, such cattle and the place of seizure being truly described, and of the publication of such summons in some newspaper circulating in the town, may after the expiration of twenty-four hours from such publication proceed with respect to such owner not appearing as if personal service of a summons, stating his name, had been effected, or if such owner appear, then as in other cases, and the Justice may order the cattle to be sold, and the money arising from the sale, after deducting the said penalty and the costs awarded and the reasonable expenses to be estimated and assessed by the Justice of seizing, keeping, and selling the said cattle, shall be paid if demanded within one month to the owner of such cattle, and if not so demanded then to the borough fund, and if the said money shall not be sufficient for all the purposes aforesaid, the amount whereby the same falls short, or if no such sale be ordered the whole of the said amount may be recovered from the said owner if and when known in like manner as other penalties and sums adjudged or ordered to be paid by Justices are to be recovered.

  2. If any cattle be at any time found in any street without any person having the charge thereof, the



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1869, No 629





✨ LLM interpretation of page content

🏘️ Bye-Laws of the Incorporated Town of West Hawksbury (continued from previous page)

🏘️ Provincial & Local Government
Bye-Laws, Municipal Corporations Act, West Hawksbury, Drains, Footways, Rubbish, Obstructions