✨ Municipal Regulations
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passing along the street or flow over the footway but so that no such pipe or trunk shall be an obstruction to the safe and convenient passage along the footway and shall construct or lay from and in continuation of such pipe or trunk to the water channel or gutter herein called channel Drains. at the outer edge of the footway and through under and traversely to the footway such covered drain or trunk for carrying such water to such channel as shall be authorised or directed by some regulation in that behalf and shall thereafter keeping good condition every such shoot, trough pipe drain and trunk and every such drain or trunk shall be constructed laid and repaired 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 section such owner or occupier shall forfeit a sum not exceeding forty shillings for every day that he shall so make default.
Drains for discharge of surface water from land.
13.—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 at the outer edge of the footway to the said channel and through under and traversely to the footway and keeping good condition such covered drain or trunk as and subject to the like inspection as in the last preceding section mentioned respectively and in default of compliance with any such notice within the period aforesaid or with the provisions of this section such owner or occupier shall forfeit a sum not exceeding forty shillings for every day during which he shall make default.
Regulations.
14.—It shall be lawful for the council to make regulations for all or any of the purposes following (that is to say)—
For regulating the materials and the size the level and the fall of any drain or trunk to be laid or constructed under any footway either absolutely or with relation to the level or fall of the footway or channel or otherwise in like manner and so if they please that such size be variable within limits prescribed in the regulation according to the discretion of such officer as the council shall thereby direct.
4.—Crossing over Footways and Channels.
Crossing, &c., footway, &c. made crossing.
15.—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 any 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 hereinafter mentioned shall forfeit a sum not exceeding five pound 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.
Notice of making crossing.
16.—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 or driving or wheeling the same respectively upon or across the said 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 specifications 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 the 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.
Specifications.
17.—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.
Immunity of persons giving irregular notice in certain cases.
18.—Unless with the period of seven days after the receipt of any such notice as aforesaid the council shall give notice to the person giving the same that (if the fact be so) such notice or the specification referred to therein and deposited is not in accordance with the provision of such regulation as aforesaid such notice and specification shall thereafter so far only as affects the liability of such person to any penalty be deemed to be in accordance therewith.
Notice of crossing where there is a street kerb.
19.—In streets in which at the site of any such proposed crossing there is a kerb of stone or wood along the outer edge of the footway the crossing so far as the footway extends shall have on both sides a kerb not higher in any part than the surface of the footway at that part and similar in all respects to such first-mentioned kerb and such kerb shall approach to and join the street kerbing in gentle curves outwards and such crossing shall be of such width and the surface thereof so far as the footway extends shall have such inclination outwards and be depressed so far below the footway as shall have been respectively appointed by some regulation in that behalf and shall with respect to the channel be so laid or constructed as not to raise or obstruct the same or any part thereof.
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✨ LLM interpretation of page content
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Bye-Laws for the Municipality of Palmerston
(continued from previous page)
🏘️ Provincial & Local Government8 September 1873
Bye-Laws, Palmerston, Municipal Regulations, Streets, Footways, Porticos, Drains, Surface Water, Crossings
Otago Provincial Gazette 1876, No 1008