36. In no case shall any such building materials or other things, or such hole as last mentioned respectively, he allowed to remain an unnecessary time, under a penalty not exceeding ten pounds, to be paid, for every such offence, by the person who, whether by order or authority of the Council or not, causes such materials or other things to be laid or such hole to be made, and in any such case the proof that the time has not exceeded the necessary time shall be upon the person so causing such materials or other things to be laid, or causing such hole to be made. Houses Encroaching on Streets, &c. 37. If any person shall erect or place any house or other public building, or any part thereof upon, over, or across any public street, footway, or channel, he shall forfeit a sum not exceeding five pounds. 38. If any house or other building, or any part thereof, shall, before the coming into operation of this subdivision, have been erected or placed in, upon, over, or across the public highway, or any public street or footway, marked or set out as such, in such manner as to be a common nuisance to the highway, or as to encroach on such street or footway, it shall be lawful for the Council to give notice to the owner of such house or building to remove such house, or such part thereof as shall so have been erected or placed, with such precautions for the safety of passengers and for the proper securing of. so much (if any) of such house or building as is to remain thereafter, as the Council see fit; and such owner shall, within twenty-eight days after the service of such notice upon him, remove Buch house, or part, according to the terms of such notice ; and if such owner shall fail within the said period of twenty-eight days to remove such house, or part, or shall not comply with the requirements of the said notice, he shall forfeit a sum not exceeding five pounds ; and the Council may, if they shall see fit, remove such house, or part, and recover the expenses of so doing from the said owner. Obstructions, etc., to Streets by Cattle, etc. 39. If any cattle be at any time found in any street within this Borough 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 cost, 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. 40. If any goat shall have been sold under the provi sions of either of the last two preceeding sections, or the provisions of the 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 within the Borough, any Justice may by warrant under his hand directed to any constable, authorise the destruction of such goat, and the same may be destroyed accordingly. 41. It shall be lawful for the Council to make regula tions 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 places, 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 exceed ing twenty shillings. Provided that nothing herein contained shall apply to horses driven in harness, or to oxen in the yoke. 42. 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 public places as from time to time may be appointed by some regulation of the Council in that behalf, which regulation the Council are hereby autho rised to make; or by locking the wheels of any cart or vehicle, or otherwise to test or to 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. Water Works, Drains, etc. 43. Whosoever shall, without the consent in writing of the Council, construct or place any dam or embankment, in or across any river, creek, or natural water-course, under the control and management of the Council, shall, on con viction, forfeit a sum not exceeding five pounds. 44. Whosoever shall obstruct or damage any culvert, sewer, or drain, belonging to, or under the control of the Council, shall forfeit a sum not exceeding five pounds, and shall pay to the Council by way of compensation for any such damage such further sum not exceeding ten pounds as the convicting Justice shall order. Buildings eor Public Meetings, etc. 45. Eor every license in respect of buildings for public meetings there shall be paid to the Town Clerk the sum of one pound one shilling annually. Eire Prevention, Eoul Chimneys. 46. Every person who wilfully sets or causes to be set on fire any chimney, flue, smoke-vent, or stove-pipe, herein called in common “a chimney,” shall forfeit a sum not exceeding five pounds. Provided always that nothing herein contained shall exempt the person so setting or causing to be set on fire any chimney, from liability to be be informed against, or prosecuted before any Criminal Court for such act, as for an indictable offence. 47. If any chimney accidentally catch, or be on fire, the person occupying or using the premises in which such chimney is situated, shall forfeit a sum not exceeding forty shillings. Provided always that such forfeiture shall not be incurred if such person prove to the satisfaction of the Justice before whom the case is heard, that such fire was in nowise owing to the omission, neglect or carelessness, whether in respect to cleansing such chimney or otherwise of himself or his servant.

Deposit of Inflammable Materials, etc. 48. Every person who shall make or place within the Borough any stack of hay, corn, straw, or other produce, or place, as or for the covering of any such stack, any inflam mable material, or deposit any combustible material, or light any fire contrary in such case to auy regulation under this subdivision, and every occupier of any premises where on any stack or any such covering of a stack shall be or any combustible materials have been deposited, if the same, though lawfully made, placed or deposited before the coming into force of any such regulation, shall be there, contrary to the tenor of such regulation, who shall not within seven days after notice from the Council so to do, remove such stack, covering, or materials, or who shall suffer to remain any such stack, covering, or materials, unlawfully made, placed, or deposited before the coming into force of such regulation, shall forfeit on conviction of such offence a sum not exceeding five pounds, and m every such case a further sum not exceeding forty shillings for every day after any such conviction during which such stack, covering, or material shall so continue. 49. Every person who sets fire to any inflammable matter whatsoever in the open air, shall forfeit a sum not exceeding five pounds. „ 50. Every person who shall light any bon-nre, tar barrel, or fire-works upon or within sixty yards of any public or private street or any public place, shall forfeit a sum not exceeding five pounds. 51. It shall not be lawful for any person to make or place, or to keep or continue any fence of brushwood, bushes, or other like material within the Borough, and every person who shall make or place any such fence, and every owner or occupier of any premises who for seven days after notice from the Council to remove any such fence thereto appertaining, if lawfully made or placed before the coming into operation of this bye-law, shall suffer to remain any such fence or anv part thereof to remain, or who shall suffer any such fence unlawfully made before such coming into operation, shall forfeit on conviction for such oftence a sum not exceeding five pounds. Nuisances of Various Kinds. Swine. 52. It shall not be lawful to keep any swine within the boundaries of the Borough, as defined in the Procla mation, under a penalty not exceeding five pounds. Privies and Cesspools. 53. All privies, cesspools and house drains within the Borough and as well within at withaut the premises to which the same may belong and the cleansing keeping in order and repair of all such privies cesspools and house drains shall be under the superintendence, government, control of the Council. 54. The owner or occupier of any dwelling house or other tenement within the Borough reasonably requiring the use of a privy shall within fourteen days after notice in writing given to such owner or occupier in that behalf by the Council construct or alter in such manner as shall be specified in such notice a privy or privies for the use of such dwelling'house or tenement, and shall at all times thereafter keep and use in such privy or prives such closet pan or pans as shall from time to time be required by the Council and in default thereof the Council shall cause such privy or prives to be provided and the expense incurred thereby shall be recovered by the Council from such owner or occupier. . . , 55. The Council shall make such provision as it shall think fit for the periodical removal from every dwelling house, or other tenement as aforesaid, within the Borough, at the* expense of the owner or occupier thereof, of any night soil, dung, ashes, slops, filth, refuse, or rubbish of any kind. . . . 56. The Inspector of Nuisances for the time being appointed by the Council, or any other person who maybe employed by the Council for the purpose of this bye-law, shall have power at all reasonable hours in the day or night to enter into or upon any building or land within the Borough for the purpose of effecting any such removal as in the last preceding section specified, or of examining the condition of any privy, cesspool, drain, or closet pan, or of cleansing, constructing, altering, or repairing the same. 57. Any person who shall obstruct any officer or other person employed by the Council in the performance of anything which such officer or other person is or may be required ar authorized to do by or under this bye-law, or who shall commit any other breach of this bye-law, shall be liable for every such offence to a penalty not exceeding £5. Removing Night Soil. 58. Every person who shall empty any privy or load, carry, remove, or deposit any night soil, offal, or other offensive refuse or matter, save between such hours of the night, or shall deposit the same save at such places as respectively shall have been appointed, by some regulation of the Council in that behalf, or who shall use for any such purpose any cart or carriage not having a covering proper for preventing the escape of the contents of such cart, or of the stench thereof, shall for every such offence forfeit a sum not exceeding five pounds, and it shall be lawful for the Council from time to time to make regula tions for appointing such hours and places as aforesaid. Sl au ghterhouse s . 59. Every person who uses as a slaughterhouse any place within the Borough of Ashburton, shall for each such offence forfeit a sum not exceeding five pounds. Miscellaneous Matters. 60. If any person shall willfully and without the authority of the Council, cut, break, bark, or root up, or otherwise destroy or damage, the whole or part of any tree or sapling, shrub, or underwood, growing in or upon any street or place under the management of the Council, although the injury done shall hot be to amount of one shilling, he shall forfeit a sum not exceeding five pounds. 61. If any person shall, without the authority of the Council, break, displace, or remove the surface or soil of any land belonging to or under the control or management of the Council, shall forfeit a sum not exceeding five pounds. Leaving Cart Unattended , etc. 62. If the driver of anv cart shall leave the same unat tended in any street, whether public or private, or shall go for a distance of more than two yards from the side of such cart, being in any such street, without passing through the near wheel or wheels thereof a suitable chain, or chains, so

as to effectually prevent the rotation of such wheel or wheels, whether in any such Case such cart be hired or not, such driver shall in every such case forfeit a sum not exceeding forty shillings for such offence; and where such cart shall have been so left unattended, any constable may drive away such cart, and deposit the same, with the horses harnessed thereto, at some neighboring place of safe custody. Feeding Horses in the Street , etc. 63. No driver of any cart in any street, whether public or private, or in any public place, shall feed any horse attached to such cart, save by means and out of a nose bag containing the forage and attached to the head of such horse, or shall remove the blinkers of any such horse, and every driver of any cart to which any vicious horse shall be attached shall keep such horse while standing on any stand, or in any such street or place aforesaid, properly muzzled, and every driver offending against this section shall forfeit a sum not exceeding forty shillings. Cabs and Carriages. 64. The Council of the Borough may, from time to time, license to ply for hire within the Borough such hack ney carriages and such borough stage carriages of any kind adopted for carriage of persons as such Council shall see fit. For each license for any hackney carriage or borough stage carriage, there shall be paid to the Town Clerk the sum of one pound annually. Every license to be available only until the 30th da) of September after the date of its issue. For each license for any driver of any hackney car riage or borough stage carriage, there shall be paid to the Town Clerk the sum of (55.) five shllings annually. Every such license to be available only until the 30th day of Sep tember after the date of its issue. On every hackney carriage or borough stage carriage, the owner thereof shall cause to be painted in a legible manner, on a tin plate, in letters of one inch in length, white on black ground, the words “ Borough of Ashburton,” and the number of the carriage corresponding with the num ber of its license, such tin plate to be securely affixed imme diately above the boot step. Every hackney carriage or borough stage carriage, may be used for the purpose for which it is licensed at any time, and during any hours, day or night. Every hackney carriage or borough stage carriage shall be allowed to carry one passenger for every (18) eighteen inches in width of seating room, provided. such seating room to be computed exclusively of the driver’s seat. And the number of persons to be carried by any such carriage shall be kept painted on the tin plate above the boot step. Every hackney carriage or borough stage carriage, when standing or plying for hire, shall each evening, at and after sunset, carry and sufficiently display two (2) lighted lamps, one on each side of the splash board. Standings. All hackney carriages and borough stage carriages, when waiting for hire, shall be ranked in single line, at such places as the Council may appoint from time to time. Fares. The rate of fares to be paid for hackney carriages or for Borough stage carriages shall be as follows : Fares by time for licensed carriage drawn by one horse —Eor the first, second or third hour, (45.) four shillings per hour ; for every subsequent hour (35.) three shillings per hour; half and quarter hours at same rates. Eares by time for licensed carriages drawn by more than one horse —Eor the first, second, and third hour, (55.) five shillings per hour; for every subsequent hour (45.) four shillings per hour; half and quarter hours at same rates. From any point within the Borough to any other point within the same, one or two passengers (Is.) one shilling. Pedlars and Hawkers. 1. Eor every license to a pedlar or hawker there shall be paid to the Town Clerk the sum of two shillings and sixpence (2s. 6d.) per month, sixpence per day, or one pound annually. 2. If any person trades as or carries on business within this borough as a pedlar or hawker without having first obtained a license, he shall forfeit and pay on con viction for every such oftence any sum not exceading five pounds, and every person trading or carrying on such business as aforesaid within any such Borough shall be deemed and taken to be unlicensed, unless he shall prove to the contrary by the production of his license or other wise. 3. Every person licensed to trade or carry on business as a pedlar or hawker within the Borough, who shall not comply with any bye-law made by the Council of the Borough for the regulation of the conduct of pedlars and hawkers, shall forfeit and pay on conviction for every such offence any sum not exceeding forty shillings. Obstructions on Public Streets. No person shall make or cause any unnecessary obstruction in or upon the roadway or footpath of any street or private street, by allowing any vehicle or animal' to remain in or upon or across the same, or by placing thereon any goods or material of any kind, or shall fail to remove such obstructions when thereto required, under a penalty not exceeding five pounds. No Person to Drive more than two Vehicles at same time. No person shall take sole charge, in any street or private street, of more than two vehicles at the same time, each of which shall be drawn by one horse only and not by any other animal, and the horse drawing the rearmost thereof shall be attached by a sufficient rein or other fastening to the back of the foremost of such vehicle. Matetials not to be Dragged behind or Project from Vehicle. No person in charge of any vehicle in or upon any street or private street shall allow any material, which may be conveyed on such vehicle, to drag or trail behind the same so as to obstruct passage, or to project on either side thereof more than a distance of two feet measured horizon tally from the outside of the axle of such vehicle. Furious Riding and Dtiving. No person shall furiously or negligently ride or drive any horse or vehicle in or upon any street or private street. Negligently Driving Cattle. No person shall wilfully or negligently so drive cattle in any street or private street, so as to cause damages

or danger to any person or thing, or shall in any wise mis behave in respect of the driving of cattle therein. Riding in Vehicles without Reins . No person in charge of any horse or other animal attached to any vehicle shall ride thereon without there being, and he then having hold of, good and sufficient reins thereto. Selling Unwholesome Food. No person shall slaughter or expose, or offer for sale, or have in his possessson with intent to» slaughter or sell as fit for human food, any deseased animal, or-any meat, fish, game, poultry, or fruit which shall be unfit therefor. Suffering Ferocious Dogs to be at Large Unmuzzled No person shall wilfully set on any dog to attack worry, or put in fear any person or animal in any street, or suffer any ferocious or mischievous dog of which he may be owner, or have charge, while at large, within the Borough, unmuzzled. Discharging Fire Arms. No person shall without lawful cause or authority, discharge or let off any firearms or fireworks of any kind what ever within the Borough. Throwing Stones, &c. No person shall throw, cast, or discharge any stone, stick, marble, or bullet, or missile of any kind, to the damage or danger of any person or thing within the Borough. Obscene Language and Offering for Sale Indecent Books, Paintings, &c. No person shall in any street within this Borough sing, say, or recite any profane, indecent, or obscene song, use any profane or indecent or obscene language, paint, draw, or write any profane, indecent, or obscene representation, figure, or word, or distribute or expose or offer for sale, or exhibit any profane, indecent, or obscene book, painting, drawing, or engraving, photograph, representation, print or paper writing Entire Animals not to cover in Public View. No person having charge of any bull, stallion, or entire animal, shall allow the same to cover within public view. Keeping Disorderly Houses and Houses of 111-fame, No person shall keep, or act, or behave as master or mistress of, or as having the care, government, or management of any disorderly house or house of ill-fame, or shall knowingly permit any other person to keep the same, or to act or behave as master or mistress thereof, or as having the care, government, or management thereof, or shall knowingly let any house, or any part thereof, for the purpose of being so kept or used within the Borough. Petroleum. For the purposes of this bye-iaw “ Petroleum ” shall include all such rock oil, Bangoon oil, Burmah oil, any product of them, and any oil made from petroleum, cool schist, shale, peat or or other bituminous substance, and any such product of them as gives off an inflammable vapour at a temperature of less than one hundred and ten degrees of Fahrenheit’s thermometer; but this bye-law shall not apply to any quantity of petroleum consisting of not more than ten gallons in the whole, kept for private use, and not for sale. Petroleum shall not be kept within fifty yards of any dwelling house, or of any building in which goods are'stored, except in pursuance of a license granted under this bye-law, nor shall any greater quantity than four hundred gallons be kept on the same premises at one and th® same time, except in pursuance of a special license, to be granted as hereinafter mentioned. Before any license shall he .granted an application shall be delivered at the office of the Town Clerk, stating the name, residence, and occupation of the applicant, and particularly describing so as to distinguish the same from any other place ; the premises in or upon which it is intended to keep petroleum thereunder, and such application shall be signed by the applicant. So soon as conveniently may be thereafter, the Inspector for the time being, appointed by the Council, shall examine the premises described in such application, and shall report, in writing, to the Council at their next ordinary meeting, his opinion whether thejlicense applied for may or may not be safely granted, together with all suoh particulars as may be necessary to enable the Council to judge of the expediency or otherwise of granting the license applied for. Licenses shall be in force until the 30th day of September next ensuing. Licenses may be renewed on application at the Town Clerk’s office, not later than the 30th day of September previous to their expiry, the applicant leaving the same with the Town Clerk who shall give a receipt for the same. Licenses shall be signed by the Town Clerk, and numbered in such order as shall be determined by the Council. For the grant or renewal of an ordinary license there shall be paid a feee of one pound, and for the grant of or renewal of any special license there shall be paid a fee of two pounds. Subject to any addition, modification, or repeal thereof from time to time by the Council, licenses shall be granted subject to the following conditions: — The nearest distance of such petroleum from any wall of any building, or from any other goods which may for the time being bs stored or kept on the same or any other premises, shall be not less than two feet; and the nearest distance thereof from any heat or flame, or from any inflammable combustible or explosive material, shall not be less than twelve feet. The licensee shall cause to be forthwith removed from the premises comprised in his license any vessel containing petroleum leaking therefrom, and shall not allow such vessel to be used for the purpose of containing petroleum until the same shall have been completely repaired. Special licenses shall be granted on such application after such inspection, subject to such conditions for such period with or without power of renewal, and liable to such revocation as the Council shall in each case determine. Any person committing any breach of this bye-law Bhall be liable for each offence to a penalty not exceeding five pounds. Penalty Clause. Any person offending against any provision of the bye-laws, to which a penalty is not already attached, shall for every such offence be liable to a penalty not exceeding £5. We certify that the above Bye-laws were passed at a special Meeting of the Municipal Council of Ashburton, holden on the 11th day of November, 1878. Thomas Bullock. Mayor. Charles Braddell. Town Clerk. The above Bye-laws will come into force Qti Saturday , 17 th day of May, 1879. Thomas Bullock. Mayor. ; '

SUPPLEMENT TO THE ASHBURTON HERALD, MAY 8» 1879 0



Printed and published by Horace John Weeks and Charles Dixon, at their Printing Offices, East Street, Ashburton, Thursday, May 8, 1879