PART VII. Power to lease lands vested in Corpora tions. Ibid., s. 87. Public tender or auction not neces sary before letting 1517, 1922, s. 8. Municipal Corporations Act.-1923. 139. (1) The Corporation may from time to time demise or let any lands, tenements, or hereditaments now or hereafter vested in such Corporation for the general purposes of this Act, on building or other leases, in one or more lots, either by public tender or by public auction, or after having been offered by either of such means without having been accepted, then by private contract, for such rent as the Council of such Corporation determine, for any term not exceeding fifty years, and at such rent and subject to such covenants, conditions, and restrictions, and especially as to the class and elevation of the buildings to be erected thereon by virtue of any building lease, as the Council deem advisable and for the benefit of the citizens. (2) Every such lease shall contain a condition for re-entry on breach of any of the covenants therein contained, and also on nonpayment of the rent or any part thereof by such lease reserved within twenty-one days after the same becomes due and payable without any formal or other demand being made therefor. (3) Nothing in this section contained shall authorise the demising or letting of any park lands, except under the authority of this or some other Act of Parliament, or (if such demising or letting is for a temporary purpose only) with the approval of the Commissioner of Crown Lands. 140. Notwithstanding anything contained in the last preceding section it shall not be necessary for the Corporation before demising lands for five years. or letting any lands, tenements, or hereditaments under that section to offer such lands, tenements, or hereditaments by public tender or public auction if the demise or letting is not on a building lease, and the term for which such lands, tenements, or hereditaments are let or demised does not exceed five years. Power to let or Council may lease No. 957, 1908. No. 1055, 1911. 141. The Corporation may from time to time demise, let, manage, or improve any real or personal property heretofore or hereafter acquired by them for public or charitable purposes, in such manner as the Council deem expedient, and as is not inconsistent with the purposes for or the trusts upon which the same is held. 142. (1) Subject to subsection (2) of this section the Council may let on lease, or otherwise, either by public auction or private contract, for any term not exceeding twenty-one years, the whole or any portion of any slaughter-house, market, bath, or wash-house with the fees, tolls, dues, charges, and profits incident thereto, at such rent or rents, and subject to such covenants, conditions, and restrictions as the Council think proper. (2) Subsection (1) so far as it relates to slaughter-houses shall not apply within the Metropolitan Abattoirs area under the Metropolitan Abattoirs Act, 1908, or within any abattoirs area under the Abattoirs Act, 1911. 143. (1) Any Municipal Corporations Act.-1923. PART VII. accept conveyance 143. (1) Any lands now or hereafter held by trustees within a Corporations may Municipality upon trust for any public cemetery may, by the said of land for cemetrustees, be conveyed or transferred to the Corporation of such tery from trustees. Municipality, if the Council of such Corporation are willing to accept M.C. Act, 1890, the trust. (2) The Corporation shall hold the same upon the original trusts or such of them as are applicable. (3) The trustees shall thenceforth be discharged from such trusts. 144. (1) Where (a) any land within a Municipality is vested in trustees for any public cemetery, and the Corporation of such Municicipality have the control or management thereof or the appointment of new trustees in case of a vacancy; and (b) the trustees are not willing to convey or transfer the same, to the Corporation; the Council of such Corporation may call a special meeting of citizens for the purpose of deciding whether such land shall be conveyed or transferred to and held by the Corporation. (2) If, at such meeting, a majority of three-fourths of the citizens present decide that the land shall be conveyed or transferred to and vested in the Corporation, the same shall be conveyed or transferred by the trustees to, and be vested in, the Corporation accordingly. 8. 89. PART VIII. OFFICERS OF THE COUNCIL. PART VIII. Council. 145. The Council may (under the hand of the Mayor and seal Officers may be of the Corporation) appoint fit persons, not being members of the appointed by Council, to be Town Clerk and Surveyor of the Municipality, and M.C. Act, 1899, s. may also appoint valuators, collectors of rates, inspectors, clerks, and 100. such other officers as they think necessary for enabling them to carry into execution the various powers and duties vested in or imposed on them by virtue of this Act. during pleasure of 146. All officers appointed by the Council shall hold office Officers to hold office during the pleasure of the Council, or for such terms and upon such Council or for a conditions as the Council see fit to fix and impose: Provided that term. the Town Clerk shall not, after having held that office for a longer 1344, 1918, s. 3. period than six months, be dismissed from office without at least six months' notice, except on the ground of his misbehaviour, neglect of duty, or incompetence, or that he has been adjudicated insolvent, or has made an assignment for the benefit of, or a composition with, his creditors for less than Twenty Shillings in the Pound. 147. (1) The PART VIII. Allowance and salaries to Mayor and other officers. M.C. Act, 1890, s. 102. Removal of officers. Officers prior to and after removal from current business as Municipal Corporations Act.-1923. 147. (1) The Council may order payment to the Mayor and Auditors, and to the Town Clerk, and every other officer appointed or employed as aforesaid of such allowance, salary, or commission, as to the Council seems reasonable and proper. (2) The allowance to the Mayor (if any) shall be fixed within ten days after his acceptance of office. 148. (1) Subject to the provisions of section 146, the Council may remove from office any Town Clerk, Surveyor, or other officer appointed as aforesaid. (2) Every officer so removed, who is in the possession of or accountable for any moneys, goods, valuables, account books, accounts, or papers, belonging to or concerning the Corporation, shall deliver up and account for the same to the Council immediately upon such removal. 149. (1) Every officer appointed by the Council shall, at such office to account for times during the continuance of his office, or after the expiration of or his removal from his office, and in such manner as the Council direct, deliver to the Council, or to such person as they authorise for that purpose— Council may require and for all moneys received and disbursed. Ibid., s. 104. Special constables may be appointed (a) a true account in writing of all matters committed to his charge by virtue of this Act, and of all moneys which have been by him received and disbursed by virtue thereof, and of the purposes for which such moneys have been disbursed, together with proper vouchers for such disbursements; and (b) a list of the names of all persons who have not paid the moneys due from them to the Corporation for the purposes of this Act, and the amount due from each of them. (2) Every such officer shall forthwith pay to the Council all moneys remaining due from him upon such account. 150. (1) The Council may, from time to time, cause to be sworn and exercise powers in, before a Justice, any person or persons as special constables. of police constables. Ibid., s. 105. Officers of Council may demand name and address of person committing offence against this Act. 833, 1903, s. 35. (2) Every special constable so sworn in shall, as to preventing nuisances and obstructions and for the purpose of otherwise carrying this Act into execution, for preserving the peace, for apprehending offenders against the peace, and for preventing robberies and other felonies, exercise and possess within the Municipality, and so far without the boundaries thereof as is necessary to effect the capture of any person offending within the Municipality, all such powers and privileges, and be liable to all such duties and responsibilities, as any constable or police constable may exercise and possess or be liable to by virtue of the common law, and shall obey all such lawful commands as he from time to time receives from any Justice, or from the mayor of the Municipality. 151. (1) Any officer or servant of the Council may demand the name and address of any person who is found committing a breach of any of the provisions of this Act or any by-law made thereunder. (2) If Municipal Corporations Act.-1923. (2) If any such person refuses to give his true name and address, or gives a false name or address to any such officer or servant, he shall be liable to a penalty not exceeding Five Pounds. PART VIII. (3) If any such person as mentioned in subsection (1) hereof refuses 1344, 1918, s. 15. to give his true name or address or gives a false name or address, such officer or servant or any member of the Police Force may, without a warrant, apprehend such person. obstructing Council 152. Any person wilfully obstructing or hindering the Council Penalty for or any valuator, or other officer or person employed by the Council, or officers thereof in in the discharge of their or his duties, or of anything which they or discharge of their he are or is empowered to do by this or any other Act shall be liable M.C. Act, 1890, s. to a penalty of not less than Five Shillings nor more than Five 307, Schedule of Pounds. duties. Penalties. PART IX. ROADS, STREETS, AND PUBLIC PLACES. DIVISION I.-PUBLIC STREETS. PART IX. DIVISION I. 153. (1) All streets which come under or are included in any of What streets shall be the following definitions or descriptions shall be public streets : I. All streets delineated and shown on the public maps or plans III. All streets conveyed or transferred to the Corporation by IV. All streets vested in the Corporation by the Supreme Court v. All streets declared by the Council, under the power herein- (2) All other streets shall be private streets. (3) Any streets lawfully closed by the Corporation shall cease to be public streets. deemed public 154. The fee-simple of every public street in the Municipality Fee simple of public shall be vested in the Corporation of such Municipality. streets vested in Corporation. Ibid., s. 107 (part). 155. Every public street or place within a Municipality shall be Public street or a public road within the meaning of the Roads Act, 1884. place to be public road under Roads Act, 1884. 156. All Ibid., s. 108. PART IX. DIVISION I. Main and other roads. Ibid., s. 109. 1475, 1921, s. 3. DIVISION II. Mode of vesting streets in Corporations. M.C. Act, 1890, 8. 111. Council may declare street formed, &c., by Corporation or at cost of owner of abutting land to be public street. Ibid., s. 112. 833, 1903, s. 4. Municipal Corporations Act.-1923. 156. All main roads and portions of main roads and all other public roads within a Municipality, together with the timber growing thereon and the bridges thereof, and all public works connected therewith, and all lamps, direction-boards, milestones, posts, rails, walls, chains, fences, and other things erected thereon or affixed thereto, not being the property of any other person or company, shall be vested in, and be under the care, management, and control of the Corporation of such Municipality. DIVISION II.-VESTING OF STREETS IN THE CORPORATION. 157. (1) The Supreme Court, or a Judge thereof, upon the application of the Corporation, and upon proof upon oath that any land within the limits of the Municipality (a) has been dedicated to the public by the owner thereof as a street; or (b) has been formed, made, levelled, paved, or drained as a street by the Corporation, and used by the public as such for five years consecutively; may make an order vesting the fee-simple of such land in the Corporation as a street. If such land is under the provisions of the Real Property Acts the Registrar-General, on being served with an office copy of such order, shall enter in the register-book the date of the said order, the date and hour of its production to him, and the name of the Corporation in which the said order purports to vest the said land, and shall issue a certificate of title to such Corporation in respect of the said land as a street. (2) Notice of any application under this section shall be sufficient if served upon one of several joint tenants or tenants in common, or upon the person, or one of the persons, appearing as the registered proprietor or proprietors of the said land. (3) Any such application may be made ex parte upon an affidavit by the Town Clerk that he is unable to ascertain the name of the owner of the said land, and any order obtained ex parte shall be advertised four times in the Gazette: Provided that the owner of any land in respect of which such ex parte order is made, may, at any time within one year from the date thereof, apply to the Supreme Court, or a Judge thereof, to discharge the same on the ground that such order was improperly made, and such discharge, if granted, shall operate as if such vesting order had not been made, and may be registered in like manner as is provided by sub-section (1) hereof with respect to such vesting order. 158. (1) If any street, court, alley, thoroughfare, or cul de sac, not being a public street at the time of the passing of this Act, has heretofore been or is hereafter formed, made, paved, or repaired by the Corporation or at the cost of the owner or owners of land abutting thereon, the Council may, by writing under their common seal, |