Supplement to the Ashburton Herald.

ASHBURTON : THURSDAY, MAY 8, 1879.

Bye-Laws and Regulation. OF THE BOROUGH OF ASHBURTON.

In pursuance of the powers and provisions contained in Sections \B4 to 349, parts 11 to 14 of the “Municipal Corporations Act, 1876,” the Council of the Borough of Ashburton ordain as follows, that is to say : Interpretation, Whenever, in any of the clauses of these bye-laws, the word “Borough Engineer” occurs, it shall be read “ Borough Engineer,” or other officer appointed by the Council. Streets and Footways.—Porticoes, Projections, Etc. 1. The word “ portico ” shall mean and include every awning, portico, porch, verandah, shed, shade, or covering upon or across any public footway, for the purpose of Bnade or shelter, together with the supports, other than the building against which it shall be, of such portico. 2. Subject to the provisions hereinafter contained it ■hall be lawful for the owner of any house or building, abutting upon any public footway within the Borough to erect or place against it or in front of such building and upon or across such footway, such portico as the owner shall see fit.

3. Every such portico shall be supported by upright pillars or supports fixed on the outer line or kerb of the footway, and shall be in every part thereof of such height from the ground, not less than eight feet, and with the pillars or supports thereof, shall be of such shape, figure, dimensions, and materials respectively, as shall have been appointed, as herein provided. 4. There shall be deposited at the office of the Council a plan and specification of such portico, as shall be ap pointed in any such regulation, and such plan and specifi cation shall be referred to in such regulation, and shall be open for inspection by any ratepayer or person interested at all reasonable times without fee or reward.

5. If before the coming into operation of this- sub division in the Borough, any portico shall have been erected or placed against or in front of any building, and upon or across any public footway, contrary to some Act or Ordinance or Bye-lew, lawfully in force in the Borough, or in the city, towD, or place, converted into an original Borough, or if, after such coming into operation, any portico shall have been erected, or placed against or in front of any building, and upon or across any public foot way, otherwise than as shall have been appointed by some regulation to be made hereunder, dr if any projecting window, balcony, step, cellar, cellar door, or window, or step leading into any cellar or otherwise, lamp, lamp post, lamp iron, sign, sign post, sign iron, show board, window shutters, wall, gate, fence or opening, or any other projec tion or obstruction, placed or made against, or in front of any building within the Borough, after the coming into operation of this subdivision, therein shall be an annoy ance. In consequence of the same projecting into, or being made in or upon, or endangering or rendering less commodious the passage along any footway or street, it shall be lawful for the Council to give notice to the owner or occupier of such building to remove or to alter, so as to conform to such regulation, such portico, or to remove, or in such manner as the Council shall, by such notice re quire, to alter such projection or obstruction, and such owner or occupier shall, within fourteen days, service of such notice upon him, remove, or in manner aforesaid, respectively alter such portico or such projection or obstruction as aforesaid said respectively, and if the owner or occupier of any such building neglect or refuse for fourteen days after such notice so served, to remove such portico or such projection or obstruction, or to alter the same in manner aforesaid respectively, he shall forfeit a sum not enceeding five pounds.

6. If before the coming into operation of these bye laws in the Borough any portico shall have been erected or placed without violation of any bye-law for tbe time being lawfully in force, against or in front of any building, and upon or across any public footway laid' out as such here under or otherwise, and such portico shall not be in con formity with some bye-laws for the time being in force, or if any such projection or obstruction as in the last pre ceding section mentioned, which has been placed or made against or in front of any building before such coming into operation, as aforesaid, shall be an annoyance as in the said section mentioned, it shall be lawful for the Council to cause such portico to be removed or altered so as to conform to such bye-laws (as they case may be), such pro jection or obstruction to be removed or altered as they see fit. Provided that the Council shall give notice of every such intended removal or alteration to the owner or occupier against or in front of whose building such portico, projection, or obstruction may be, several days before such removal or alteration shall be commenced, and shall make reasonable compensation, to be ascertained and ordered, if the parties diner, by two Justices, to every person who shall incur any loss or damage by such removal or altera tion, except in cases where the portico, projection, or obstruction shall have been erected, placed or made without lawful right or against the law or may be removed under some other Act or law, in which case no compensation shall be made. 7. Every owner or occupier of any building against or in front of which there shall be any portico shall keep the same clean and in good repair, and it shall be lawful for the Council to give notice to any such owner or occu pier to clean or repair such portico, if and as the same may require, and every occupier or owner who shall neglect or refuse within seven days after the service of such notice to effect such cleaning and repair, shall forfeit a sum not exceeding forty shillings. • Naming Stbeets. 8. It shall be lawful for the Council of the Borough from time to time, to cause to be painted or affixed on a conspicuous part of some house or building, at or near each end, corner, or entrance of every street, and in the direction of the line of such street, the name of such street,

in legible characters, not exceeding three inches in length and proportionally broad and near to each other, and the Council may, where more than one street in the Borough is called by the same name, alter the name or any or all of such streets save one (to be described in the order of altering the same) to any other name which to the Council may seem fit, and before any name is given to any new street notice of the intended name shall be given to the Council, and if there be any streets in the Borough called or about to be called by the same name, the Council may bynotice stating that there is already a street in the Borough called or about to be called by the same name, and describing the locality thereof, given to the person by whom notice of such intended name was given to them at any time within fourteen days of the receipt of such last-mentioned notice, object to sueh intended name, and it shall not be lawful to set up any name to any street in the Borough until the expiration of fourteen days after notice thereof has been given as aforesaid to the Council, or to set up any name objected to as aforesaid. 9. If any person wilfully and maliciously destroys, pulls down, obliterates, or defaces the name of any street in this Borough, or paints, affixes, or sets up any name in any street contrary to any bye-law for the time being in force, he shall for every such offence forfeit a sum not exceeding five pounds, and it shall be lawful for the Coun cil to cause such name so unlawfully painted, affixed, or set up, to be obliterated or destroyed. 10. The Council of this Borough shall cause to be kept a register of all alterations made by them in the names of streets, and such register shall be kept in such form as to show the state of every sueh alteration and the name of such street previous to such alteration and the new name thereof. Spouts and Drains for Houses, etc. 11. The owner or occupier of every house or building in, adjoining, or near to any street, within seven days next after the service of a notice by the Couucil for that pur pose, shall put up a shoot or trough of the whole length of such house or building, and shall connect the same either with a similar shoot on the adjoining house or building or with a pipe or trunk, to be fixed to the front or side of such first-mentioned house or building, from the roof to the ground, to carry the water from the roof thereof in such a manner that the water from such house or the .shoot or trunk fixed thereto, or from any portico or projection therefrom, shall not fall upon persons 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, at the outer edge of the footway, and through, under, and transversely to the footway such covered drain or trunk for carrying such water to such channel, as shall be authorised or directed by some bye-law in that behalf, and shall thereafter keep in 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.. 12. 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 foot way 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 shallbe 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 transversely to the footway, and keep in 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 j this section, such owner or occupier shall forfeit a sum not exceeding forty shillings. Crossing over Footways and Channels. 13. 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 sides 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 pounds. 14. If any land shall front to, adjoin, or abut upon the footway of any street, and if access with horses and ve hicles 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 said footway or 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 lor vehicles be made, as herein provided, over such footway and channel, and shall give notice in writing of such his desire to the Council, and in such notice describe the land in question and the proposed work by reference to the specification deposited, as hereinafter mentioned, such specification being in accordance with the provisions hereof, and with such bye-laws as may be in force in that behalf, it shall be law ful for such owner, after seven clear days from the giving of 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 main tain the same.

15. 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 bye-laws in force in that behalf required or provided. 16. Unless within 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 bye-laws as aforesaid, such notice and specification shall thereafter, so far only as affects the liability of sueh persons to any penalty, to be deemed to be in accordance therewith.

17. In streets in which at the site of any such pro posed crossing, there is a kerb of stone or wood along the outer edge of the footway, the crossing so far as the foot way extends, shall have on both side 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 bye-law 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. 18. In streets in which at the site of any such pro posed crossing, there is no such kerbing as in the last pre ceding section mentioned, the crossing over the channel shall be such suitable bridge as shall leave a free passage for the water underneath the same, and shall be of such materials from length, size, strength, and fall as shall have been respectively appointed by some regulation in that behalf, and the surface of such crossing, so far as the footway exteiids, shall be so made good by paving, macadamising, gravelling, or otherwise, that the necessary traffic by animals or vehicles over the same shall not cause any damage thereto, but that such crossing shall be so sound and commodious for the passage of persons using the foot way, as the other portions of such footway adjoining such crossing. 19. No person making any crossing shall be deemed guilty of an offence by reason only of some departure in making such crossing from the notice or specification relating thereto, unless the officers of the Council, appoin ted as hereinbefore provided, to inspect the making of the crossing shall have reported in writing such departure to to the Council within three days after the same shall have occurred ; and unless such person being served by the Council, within three days after such report, with a notice so to do shall, for the space of seven clear days after such notice, have failed to correct or supply such departure. 20. If any crossing shall have been made in any respects contrary to this subdivision, or any bye-law in force hereunder, it shallbe lawful for the Council, if they shall see fit, to cause the same to be altered so as to conform to this subdivision and to such bye-law respectively, and to recover in manner in this Act elsewhere provided, the expenses of such alteration from the owner of the land to which such crossing shall lead, but they shall not so recover in those cases of departure from the notice or specifications which the Council or their officer might respectively have given notice of or reported, but failed to give notice of or report respectively, in manner and within the time pro vided in the preceding sections thereof. 21. If any private, street shall meet at an angle, the footway of any public street, and there shall be no crossing upon and across such footway, and the channel adjacent thereto from such private street to such public street, it shall be lawful for the Council, if they shall see fit,, to make, in accordance with any bye-law in force in that behalf, a crossing upon and over such footway and channel of the description hereinbefore provided with respect to other crossings, and to recover from the owner of each of the tenements abutting on such private street such portion of the expense of such making as shall bear to the whole of such expenses the same proportion as the rateable value of such tenement bears to the whole rateable value of all the tenements so abutting. 22. If any crossing across or over any footway or channel to any land or way appurtenance thereto, or to any private street, shall have been made before the coming into operation of this subdivision of the Borough, but shall in anv respect not be in accordance with any bye law made hereunder, the Council may, if they shalL think fit, cause the same to be altered so as to conform to such bye-law; 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 expense of such alteration, in manner in the last two preceding sections mentioned, according as one or the other may be applicable to the case -23. If any crossing shall he out of repair, and the person liable hereunder 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 a sum of forty shillings, and the Council may, if they shall see fit, effect such repair and recover the cost of the same from such person. 24. It shall be lawful for the Council from time to time to make regulations for all or any of the purposes following, that is to say—For regulating the width, depres sion, or inclination of crossings across or over footways and channels, and the materials for making and construct ing the same; the mode of laying and bedding such materials; the length, width, size, strength, and fall of bridge crossings, and the said inclination and fall, either absolutely or with relation to the levels, inclination, or fall of the footway or channel, or otherwise in like manner. Cost of Constructing Footways. 25. One-half of the cost of constructing footways on one or both sides of any streets in the Borough shall be a charge upon the owners or occupiers of the lands and buildings fronting on such footways. If any owner or occupier liable for the payment of any part of the cost of constructing the footway adjoining any lands and buildings, shall fail to pay the same on demand, he shall he deemed to be guilty of a breach of this bye-law, and shall, on con viction thereof, be liable to penalty not exceeding five pounds. Deposit or Discharge of B/übbish, Liquid, &c., on Streets, &c. 26. Every person who causes to run from any manu factory, or any establishment for the boiling or preparing of any animal matter, or any brewery, slaughter-house, 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 whs causes or permits to run from such land or premises into or upon any 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.

Depositing Building Materials, Excavations, &c. 27. Every person who throws or lays any building or other materials, or building rubbish, or puts up, or con structs, or erects any stage, scaffolding, hoarding, or fence, in, upon, across, or over any street, footway, channel, or public place, save in lawful execution of the powers given by this subdivision, shall forfeit a sum not exceeding five pounds. 28. Every person who shall intend to build or take down, or cause to be built or taken down, any building or other structure whether over or underground, or to alter or repair, or cause to be altered or repaired the outward part of any such structure within any of the cases afore said, ten feet of any street or footway, or who shall have a license for constructing any stage or scaffolding or deposit ing any building or other materials, or building rubbish upon or across any footway or street, shall, before beginning to execute such work or to do such act, cause to be put up so as to separate from the street and from the remainder (if any) of the footway so much of the premises where the work is to be executed as fronts the site of such work, and the area upon which, according to the license, such stage or scaffolding is to be constructed, or such materials or rubbish are to be deposited, such sufficient hoards' or fences, together with such convenient platform or handrail, if there be room enough to serve as a footway for passengers out side of such hoard or fence as shall be respectively approved by such officer as the Council shall have appointed in that behalf, and shall continue such hoard or fence with such platform or handrail as aforesaid, standing and in good condition, to the satisfaction of such officer, during the time limited as aforesaid in the said license, or the last renewal thereof, and for such longer time as the further safety or convenience requires, and shall in all cases in which it is necessary, in order to prevent accidents, cause the same to be sufficiently lighted from sunset to sunrise, and shall remove such hoard, fence, platform and handrail, and make good the footway and street within a reasonable time after the provisions of this section have been fulfilled. 29. No person shall execute, or begin, or continue to execute any such work as in the last preceding section mentioned, without having given to the Council such notice as therein provided, or until the expiration of forty-eight hours after giving the same; and every person offending against the provisions of this section, shall forfeit a sum not exceeding five pounds. 80. It shall be lawful for the Council, having received any such notice as aforesaid, to grant, if it shall seem to them fit, to the person having given such notice, upon payment by him of the sum of five shillings a license in the the appointed form under the hand of, the Town Clerk, authorising such person to construct such stage and scaf folding as the proper officer of the Council to be appointed in that behalf shall require or permit,and to deposit building and other materials and building rubbish upon or across, in each of the cases aforesaid so much of the footway adjoin ing or in front of the site of the intended work and so much of the street adjoining such footway, and to keep and continue the said stage, scaffolding and materials or rubbish, so constructed or deposited respectively for such time respectively as shall seem fit to the said Council and be specified in the said license, and the Council may, if it shall seem fit, renew such license or grant a fresh license to such persons from time to time, and such person may thereupon, from time to time, do the said acts according to the tenor of such license. 31. Every person who executes, or begins, or con tinues to execute any such work as in the last section mentioned, or who being licensed thereto, constructs, or begins, or continues to construct any such stage or scaffold ing, or deposits, or keeps deposited, any such material or rubbish upon or across any footway or street, without hav ing in any of the cases aforesaid put up such hoard or fence or such platform with such handrail as aforesaid, or con tinuing the same respectively, standing andin goodcondition as aforesaid during the time aforesaid, or without keeping the said hoard, fence, platform or rail, and each part thereof respectively while the same are standing, suffi ciently lighted from sunset to sunrise, or without removing the same within such reasonable time as aforesaid, or with out making good the footway and street after such re moval, shall for every such offence forfeit a sum not exceeding five pounds. 32. Every person licensed as herein mentioned to construct any stage or scaffolding, or to deposit any materials or rubbish, shall remove within a reasonable time after the time limited as aforesaid in such license, or in the last removal thereof all such stage, scaffolding materials, and rubbish, and make good the footway and street, and if any such person shall fail in any such case to comply with this section he shall forfeit a sum not exceeding five pounds. 33. Nothing herein contained shall render it lawful to construct any stage or scaffolding or to deposit any materials or rubbish or to put up any hoarding or fence, platform or handrail as aforesaid, or all or any of them, so that the same shall extend or be across or over upon any street further from the inner edge of the footway than one third of the whole breadth of such street or in any case so as to render the street, exclusive of the footways, impassible for carriages, or so as to obstruct the channel. 34. If any person who ought under these bye-laws to remove any matter or thing, or to make good any foot way or street, shall fail to do so, whether or not such person shall have been convicted or not of any offence under these bye-laws, the Council may remove such matter or thing, or make good such street or footway, and may recover the expenses of so doing from the person so making default. Lighting of Obstructions Generally 35. When any building, materials, rubbish, or other things are laid, or any hole made in any street or footway, whether the same be done by order or authority of the Council or not, the person causing such materials or other things to be so laid or such hole to be so made, shall at his own expense cause a sufficient light to be fixed in a proper place upon or near the same, and continue such light every night from sunset to sunrise while such materials or hole remain, and such person shall at his own expense cause such material and other things and such hole to be suffi ciently fenced and enclosed until such materials or other things are removed or the hole filled up or otherwise made secure, and every such person who fails so to light, fence, or enclose such materials or other things or such hole, shall for every ' such offence forfeit a sum not exeeeding five pounds.