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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 for 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 the 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.

Cattle at large in streets

43.—If any cattle be at any time found in any street without any person having the charge thereof the owner of such cattle shall forfeit for every head of such cattle a sum not exceeding twenty shillings and if such cattle shall by reason of having been so found at large have been impounded by the council the amount of such penalty and the costs if adjudged respectively before the release or sale of such cattle shall be added to the pound fees and charges payable in respect of such cattle and the amount thereof or such lesser amount (if any) as after the sale of the cattle may remain in the hands of the poundkeeper shall be paid over by him accordingly and if the proceeds of any sale of such cattle shall not be sufficient after paying the lawful fees and charges aforesaid to satisfy such penalty and costs or if such penalty and costs shall have been adjudged after the release or sale of the cattle the same or so much thereof as remains unpaid shall and may be recovered from the owner of the cattle in like manner as other penalties and costs adjudged by justices are by law to be recovered and if in the case of any information under this section the owner be not known then the provisions of the last preceding section so far as necessary to give the adjudicating justice jurisdiction shall apply.

Goats sold for trespass to be removed from borough killed.

44.—If any goat shall have been sold under the provisions of either of the two last preceding sections or under the provisions of this Act relating to the impounding of cattle for trespass in the streets and shall after the expiration of twenty-four hours be found in any place whatsoever or ever within the borough any justice may by warrant under his hand direct to any constable authorise the destruction of such goat and the same may be destroyed accordingly.

Regulations

45.—It shall be lawful for the council to make regulations from time to time for appointing the hours during which it shall not be lawful to drive into or through the borough or such parts thereof as shall by boundaries be set forth in such regulation any cattle intended for sale slaughter or shipment or travelling from one part of New Zealand or of any other colony to any other place and to provide if they shall see fit in such regulations separately with respect to Sundays and week days and if any person shall drive any such cattle contrary to such regulation he shall forfeit for every head of cattle so driven a sum not exceeding twenty shillings provided that nothing herein contained shall apply to horses driven in harness or to oxen in the yoke.

Breaking in horses etc. in streets.

46.—It shall not be lawful to break in any horse or other animal in any street whether public or private or in any public place save such places as from time to time may be appointed by some regulation of the council in that behalf which regulation the council are hereby authorised to make or by locking the wheels of any cart or other vehicle or otherwise to test or try any horse or other animal so as to obstruct or injure any street or public place and any person offending against this section shall forfeit a sum not exceeding five pounds.

Miscellaneous.

Control of near places worship

47.—It shall be lawful for the council on the application of the minister of any church chapel or other place of public worship in the borough to make orders for regulating with respect to such place of public worship the route and conduct of persons who shall drive any cart or carriage or any cattle within the borough during the hours of divine service (to be named in every such order) on Sunday Christmas-day Good Friday or any day appointed for a public fast or thanksgiving and any orders which shall be so made shall be printed or affixed on or near the church chapel or place of public worship to which the same shall refer and in some conspicuous places leading and contiguous thereto and elsewhere as the council shall direct and every person who offends against such orders shall forfeit a sum not exceeding forty shillings.

PART II.

Waterworks Drains etc.

Polluting water reservoir etc.

1.—Whosoever shall bathe in any stream reservoir conduit aqueduct or other water works belonging to or under the management or control of the council or shall wash cleanse throw or cause to enter therein any animal whether alive or dead or any rubbish filth stuff or thing of any kind whatsoever or shall cause or permit or suffer to run or be brought therein the water of any sink sewer drain engine or boiler or other filthy unwholesome or improper water or shall do any thing whatsoever whereby any water or waterworks belonging to the council or under their management or control shall be fouled obstructed or damaged shall for every such offence forfeit on conviction a sum not exceeding five pounds and a further sum not exceeding twenty shillings for each day while such offence is continued after written notice in that behalf.

Wilful waste of water.

2.—Whosoever being supplied with water by the council from any waterworks of or belonging to or under the control or management of the council or having access to any such water