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Municipal Corporations Act.—1923.



250. The Council shall make and pass all necessary and proper Council to make by-laws-

by-laws for private (a) for regulating the construction of branch or private sewers, Ibid., s. 167.

and the communication thereof with the main common

sewers ; (6) for the repairs and cleansing thereof, under the direction of

the Surveyor or other officer appointed for that purpose ;

(c) for removing, by drainage to be discharged into the com-

mon sewers, any nuisance from any lands, buildings, or
premises, at the expense of the owners or occupiers.

, .

251. Any owner or occupier of lands or buildings without the owners of lands, boundaries of any Municipality, but contiguous to the course of any eto: outside Municimain public sewer, may cause any private drain or sewer from such drains to communiland or buildings to be constructed so as to discharge itself into such cate with main main sewer, subject to such rent and conditions as the Council of Ibid., 8. 168. such Municipality determine.



sewerage and

252. (1) The Governor may, by Proclamation declare that the Governor may, by provisions of this Act relating to sewerage and drainage, or such of declare that prothe said provisions as he deems expedient, shall cease to apply to visions relating to any Municipality, or to any portion of a Municipality.

drainage shall cease

to apply to any (2) After such Proclamation the said provisions, or such of them Municipality. as are specified in such Proclamation, and all provisions in this Act Ibid., s. 169. as to by-laws, offences, and penalties relating to sewerage and drainage, shall cease to be of force and effect within the limits of the Municipality or portion of the Municipality described in such Proclamation.

(3) Where the Governor has, by Proclamation under section 136 of the Municipal Corporations Act, 1880, declared that the provisions of such Act relating to sewerage and drainage, or any of them, shall cease to apply to any Municipality or portion of a Municipality, such Proclamation shall have the same effect as regards such Municipality or portion of a Municipality as if it had been made under this section, and related to the corresponding provisions of this Act.


PART XIV. PUBLIC HEALTH. 253. The Council may

Power to Council to provide public

. (a) provide public urinals, waterclosets, privies, and like con- conveniences.

M.C. Act, 1890, s.170. veniences, in situations where they deem such accom

modation to be required ; (b) supply such conveniences with water; (c) maintain and keep the same in good order; and

(d) defray


Municipal Corporations Act.—1923.

(d) defray the expenses thereof, and any damage occasioned

to any person by the erection thereof, out of the general revenue of the Corporation.

Council authorised
to take all measures
requisite for public
health, and to
appoint inspectors.
Ibid., s. 171.

Powers and duties of
Ibid., s. 172.

254. (1) The Council may adopt all such measures as they deem necessary for

(a) the cleansing of their Municipality ;
(b) the preservation of the public health ; and
(c) the prevention and suppression of nuisances in the Muni-

(2) For the more effectually carrying such objects into effect,
the Council may appoint one or more inspectors.
255. Every such inspector may-
(a) visit any streets, squares, places and public reserves within

the Municipality, and report upon the state and condition thereof in regard to cleanliness or as to any nuis

ance affecting the same; and (6) visit any slaughterhouses, markets, baths, wash-houses,

butchers' and other shops or shambles, or any buildings wherein any offensive trades are carried on, or any breweries, stables, cattle-yards, cow-sheds, hogsties, backyards, outbuildings, wells, ashpits, privies, cesspools, or drains belonging to or used with any dwellinghouse, building, or premises within the Municipality, and examine the state thereof in regard to health and cleanliness, or in respect of any nuisance.

Council may order
premises to be
cleansed and
nuisances sup-
Ibid., s. 173.

256. (1) The Council, upon the report of any such inspector or other authorised officer in that behalf, may issue directions, in writing, under the hand of the Mayor, for the cleansing of any street, place, buildings, or premises within the Municipality, and for the removal or abating of any nuisances which may be there found, within such time as to the Council seems needful.

(2) If after the service of a copy of such directions upon any contractor for cleansing the public streets, or upon the occupier or owner of any private street, or of such buildings or premises, the same is or are not cleansed or purified as required by such directions, or any nuisance being therein or arising therefrom not removed or abated within the time therein mentioned, the Council may cause such street to be cleansed, or such building or premises to be purified, and, if needful, as well within as without, or any such nuisance to be removed or abated.

(3) The Council may, by writing under the hand of the Mayor or Town Clerk, order the costs and expenses incurred in carrying any of the foregoing directions into effect to be paid by such contractor, occupier, or owner.

257. The


Council to keep streets, footways,

from houses to be removed.

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Municipal Corporations Act.-1923. 257. The Council shall cause-(a) the streets, footways, and surface drains within the Muni- and surface drains

properly cleansed, cipality to be kept at all times properly cleansed, and and cause ashes, &c.,

all refuse to be duly removed therefrom;
(b) the ashes, filth, and rubbish from dwelling-houses and other Ibid., s. 174.

buildings and premises in such Municipality to be carried
away at convenient hours and times


and (c) all privies and cesspools within the Municipality to be from

time to time emptied and cleansed in a sufficient and

proper manner : Provided that the occupier of any house, building, or premises may Occupier of dwell. keep the nightsoil , ashes, or rubbish made on his own premises, for ing houses may keep

, &c., manure, and from time to time remove the same, but so that such retention and removal be not a nuisance to the inhabitants residing near such premises, and that such removal be made at such times and in such manner as is directed by the Council.


258. (1) The Council may employ or contract with any persons Council may confor

tract for cleansing streets, &c., and

removal of refuse. (a) sweeping and cleansing the streets;

Ibid., s. 175.
(6) removing all refuse therefrom;
(c) removing all refuse from houses and all other premises

within their Municipality; and
(d) emptying privies and cesspools ;
on such days and at such hours and in such manner as the Council
may from time to time appoint.

(2) All scavengers and contractors employed or contracted with under this section are hereby authorised and empowered to execute all such works and duties as they are respectively employed, or contract, to perform, at the times and in the manner prescribed by the Council for that purpose.

259. The Council may provide places, either within or without Council to provide their Municipality, for the deposit of the nightsoil

, dung, ashes, and places for deposit of other filth and rubbish, to be removed and collected under the Ibid., s. 176. authority of this Act.

and all refuse col.


260. (1) The nightsoil, dung, ashes, filth, and refuse, which the The nightsoil, ashes, Council cause to be collected from the streets, houses, privies, sewers, lected to be the processpools, or elsewhere within their Municipality, and carried away, perty of the Corpo. shall be the property of the Council.

Ibid., s. 177. (2) The Council may sell or dispose of the same as they think proper.

(3) The moneys arising from the sale thereof shall be paid to and form part of the funds of the Corporation.

261. (1) No


Municipal Corporations Act.—1923.

No person but con-
tractors with
Council to remove
Ibid., s. 178.

261. (1) No person other than a person employed by, or contracting with, the Council for that purpose, shall collect or carry away any nightsoil, dung, ashes, filth, or rubbish by this Act directed to be removed.

(2) Any person other than a person employed or contracting as aforesaid, who collects or carries away any nightsoil, dung, ashes, filth, or rubish removable under this Act shall be liable to a penalty of not less than Five Shillings nor more than Ten Pounds.

Ibid. s. 307,
Schedule of

Rubbish destructor. 833, 1903, s. 27.

262. No rubbish destructor, or machinery for the treatment of refuse or nightsoil, shall be erected on any park lands.

No impure liquids to
be suffered to remain
in houses, &c., or to
flow over carriage-
ways, footways, or
M.C. Act, 1890,
s. 179 (part).

263. (1) No person shall-
(a) suffer waste or impure water, liquid, or matter to remain

within any building, or upon any property of which he
is the owner or occupier within any Municipality for
twenty-four hours after notice to him from any inspector
or authorised officer of the Council to remove the same;


(6) suffer any waste or impure water or liquid matter to flow upon

any footway or carriage-way, or into any surface drain

or water-course. (2) Any person offending against subdivision (a) or (6) of subsection (1) shall be liable to a penalty of not less than Five Shillings nor more than Five Pounds, and to a further penalty of not less than Five Shillings nor more than Ten Shillings for each day during which such offence is continued.

Ibid., s. 307,
Schedule of

Penalty for allowing 264. (1) No person shall suffer any offensive overflow, soakage, offensive overflow from water-closet. or leakage from any water-closet, privy, or cesspool within any Ibid., s. 179 (part). Municipality. Ibid., s. 307,

(2) Any person offending against subsection (1) shall be liable to à penalty of not less than Five Shillings nor more than Ten Pounds, and to a further penalty of not less than Five Shillings nor more than Ten Shillings for each day during which such offence is continued.

Schedule of

Pumping water from
Ibid., s. 179 (part).

265. (1) Water rising through the ground, or from springs in any cellar and collected therein, not being impure, may be pumped thereout into the water-channel of any street between the hours of ten o'clock at night and six o'clock in the morning. (2) Any person who— (a) pumps from out of any cellar any water into the water

channel of any street except between the hours aforesaid ;

Ibid., s. 307,
Schedule of


(b) suffers any pumped out waste water to accumulate in the

water-channel of any street, shall be liable to a penalty of not less than Five Shillings nor more than Five Pounds.

(3) Any

Municipal Corporations Act.—1923.


(3) Any person offending against subdivision (b) of subsection (2) shall also be liable to a further penalty of not less than Ten Shillings nor more than One Pound for every day during which such offence is continued.


266. (1) If, after twelve hours' notice to remove any such im- Council may enter purities as in sections 263 and 264 mentioned, any of them are con

premises and abate tinued, the Council may enter any building or property in or from Ibid., s. 180. which

any such impurities are suffered to remain or overflow, and proceed to do whatever is needful for the abating of any such nuisance, and preventing the continuance or a recurrence thereof.

(2) The expense incurred in so doing shall, upon the order of the Council, by writing under the hand of the Mayor or Town Clerk, be paid by the owner or occupier of such building or property to the Corporation.

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matter on streets. 833, 1903.

8. 133.

267. If any person deposits or leaves or permits to be deposited Depositing offensive or left any dirt, litter, ashes, human excreta, nightsoil, carrion, fish, offal, or rubbish, or any dead animal or any part thereof, or any s. 36 (part). urine or liquid, or any other offensive matter of any description whatsoever, upon any street or public place within the Municipality he shall be liable to a penalty not exceeding Five Pounds.

268. (1) The occupier of any ratable property within the Muni- Private roads, yards, cipality, or, if such ratable property is unoccupied, then the owner by occupiers or

&o., to be kept clean thereof, shall keep, all private roads, passages, yards, and ways owners. adjacent or belonging thereto, clean and free from rubbish, offal, M.C. Act, 1890, dirt, and mud.

(2) Any person failing to comply with the provisions of this section shall, on conviction for every such offence, forfeit and pay a sum not being less than Ten nor more than Forty Shillings. 269. (1) If, upon the certificate of any two duly qualified medical Mayor may require

owner to cleanse pre. practitioners, or on the oath of any three citizens, which oath any mises likely to Justice or Notary Public is empowered to administer, it appears engender disease. to the satisfaction of the Mayor, or the Council, or any committee Ibid., s. 181. of the Council, that, (a) any building or place within the Municipality is in such a

condition as to be likely to engender and propagate

infectious or contagious disease; and (6) the health of any person is liable to be prejudicially affected

or endangered by reason thereof, the Mayor may by order under his hand require the owner or occupier of any such building or place forthwith to cleanse, purify, and disinfect the same, as the case may require, in manner and to the satisfaction of any inspector or other officer of the Corporation or medical practitioner as in such order is directed and named.

(2) If such owner or occupier does not comply with such directions within the time prescribed in the said order the Mayor, on proof of



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