Municipal Corporations Act.-1923. seal, and signed by the Mayor and Town Clerk, on the request in writing of the owner or owners of the land abutting on such street, court, alley, thoroughfare, or cul de sac, declare the same to be a public street, and thereupon the same shall become a public street, and shall thereafter be repaired by the Council out of the Municipal Fund. (2) Such declaration shall be entered amongst the proceedings of the Council, and in the register of public streets mentioned in section 171 and notice thereof shall be put up in some conspicuous place in or near such street, court, alley, thoroughfare, or cul de sac. DIVISION III.-WIDTH OF STREETS. 159. No street shall hereafter be set out or declared as a public street by the Council unless the width of such street, to be ascertained by measuring at right angles to the course of such street from front to front of the building line on either side thereof, is forty feet at the least: Provided (a) Existing streets may be continued if the continuation is 833, 1903, s. 4. at least of the same width as the street so continued: (b) If any land has been dedicated to the public by the owner thereof as a street previous to the twenty-third day of December, eighteen hundred and ninety, and used by the public as such for five years consecutively, the same may be set out or declared as a public street by the Corporation if such a street has been formed, made, paved, or repaired by the Corporation or at the cost of the owner or owners of land abutting on such street. forty feet wide. 160. Except within the City of Adelaide, no person shall within No person to lay out any Municipality make or lay out any new street unless the same is streets less than at least forty feet wide: Provided that any private ways, not being 833, 1903, s. 4. less than twelve feet wide, may be laid out for the purpose of giving access to the back of premises. out street less than 161. Any person laying out or making any new street which is Penalty for laying less than the width prescribed for such street according to this Act the prescribed width. shall be liable to a penalty of not less than Ten Pounds nor more than M.C. Act, 1890, Fifty Pounds, and to a further penalty of not less than Five Pounds s. 307, Schedule of nor more than Ten Pounds for every day during which such street so continues to be laid out or made. Penalties. on street less than 162. Any person erecting or causing to be erected for human Penalty for erecting, habitation, or using, or allowing, or suffering, to be used for human etc., house fronting habitation, any building fronting or abutting on any street of less prescribed width. than the width prescribed under this Act, shall be liable to a penalty Ibid. of not less than One Pound nor more than Ten Pounds, and to a further penalty of not less than One Pound nor more than Five Pounds for every day during which such offence continues. 163. The РАКТ ІХ. DIVISION III. This Division sub Municipal Corporations Act.-1923. 163. The provisions of this Division shall be subject to the project to 1452 of 1920. visions of the Town Planning and Development Act, 1920. DIVISION IV. Squares, streets, and public places to be aligned. M.C. Act, 1890, ss. 114, 115. 1183, 1914, s. 13. Ibid., s. 20. Notice of alignment to be given. M.C. Act, 1890, s. 116. 833, 1903, s. 4. Caveat may be entered. Caveat may be discharged. M.C Act, 1890, s. 117. Caveat may be Governor may, if no caveat entered or sustained, declare alignments good. Ibid., s. 119. DIVISION IV.-ALIGNMENT OF PUBLIC STREETS, ETC. 164. (1) The Council shall cause all squares and public streets and places within the Municipality to be correctly aligned, and the breadth of all footways to be determined in such manner as may be found necessary. (2) The Council, at the time of making such alignment, or at any time after the making of any alignment under this or any other Act, may cause permanent marks, as points of reference, to be fixed in such square, public street, or place for the purpose of permanently defining such alignment. (3) Such permanent marks shall be constructed of materials prescribed by regulations made by the Governor, and shall be fixed in manner so prescribed. 165. (1) Within three months after fixing the permanent marks mentioned in section 164, the Council shall (a) cause public notice to be given of the alignment referred to in such section, giving the particulars thereof and of the said permanent marks; and (b) send by post or otherwise a written notice of such alignment, containing such particulars, to every owner or occupier, so far as known, of land abutting on the square, street, or place aligned. (2) Any person disputing the correctness of such alignment may, within three months after such public notice has been given, lodge with the Town Clerk a caveat signed by himself or his agent against such alignment, stating the grounds and particulars of his objections thereto. 166. The Supreme Court, or a Judge thereof, may, upon the application of the Council, call upon the caveator to attend before such Court or Judge to show cause why the caveat should not be discharged, and the Court or Judge may make such order in the premises, and as to the costs of the proceedings, as seems just. 167. Any caveator may, by notice in writing, withdraw his caveat at any time, but the Supreme Court or a Judge thereof may, notwithstanding such withdrawal, order payment by the caveator to the Council of any costs incurred by the Council prior to the receipt by the Council of such notice. 168. After the expiration of three months from the giving of the public notice mentioned in section 165, in case no caveat has been lodged as mentioned in section 165, or in case such caveat has been lodged, then, after the expiration of one month from its withdrawal or its discharge by the Court or a Judge, the Governor may, by Municipal Corporations Act.-1923. by public notice declare that the alignments and permanent marks mentioned in the public notice given by the Council under section 165 are the alignments and permanent marks of the square, public street, or place mentioned in the said public notice, and thereupon the alignments or permanent marks mentioned and referred to in the said public notice shall be deemed to be the alignments and permanent marks of such square, public street, or place. PART IX. DIVISION IV. 169. (1) The Governor may make regulations for the conduct of Governor may make all proceedings in relation to caveats under this Act. regulations as to caveats. (2) Such regulations shall, on publication in the Gazette, have the Ibid., s. 120. force of law. (3) Until the publication of such regulations the practice in all such proceedings shall be the same as in force for the time being in respect of proceedings of a similar nature in the Supreme Court in relation to caveats under the Real Property Acts against the registration of dealings with land, or as near thereto as the nature of the case will admit. DIVISION V.-PLANS AND REGISTER OF PUBLIC STREETS. DIVISION V. carriage and footway 170. (1) A plan, under the hand of the Mayor and Surveyor, of Plans of streets every public street or place which is set out, showing thereon the showing breadth of building line and the breadths of the carriage-way and footways to be deposited in therein respectively, shall be deposited and kept at the office of the Town Clerk's office. Town Clerk. (2) The Town Clerk shall, on every such deposit, cause public notice thereof to be given, in which notice shall be stated the defined breadth of the carriage-way and footways in each street or place respectively. M.C. Act, 1890, 8. 122. 171. (1) A register of public streets shall be made up and kept in Register of public the Town Clerk's office. (2) Such register shall show the names, situation, extent, and width of the public streets, and the building line thereon, and the width of roadways and water-tables, and of each footway respectively with the additions or alterations made thereon from time to time. (3) Such register shall at all reasonable times be accessible to any citizen. streets to be kept. Ibid., s. 123. entries in register 172. (1) The Town Clerk shall from time to time enter in the Town Clerk to make register of public streets any street which is a public street, and from time to time. every other particular which he is directed by the Council to enter Ibid., s. 124. therein or describe thereon. (2) An extract of any such entry or description certified by the Town Clerk shall, on demand, be given by the Town Clerk to any citizen on payment of a fee of Two Shillings and Sixpence for the use of the Council. G-1558 · DIVISION PART IX. DIVISION VI. Public streets, roads, Half cost of forming While street is under repair, Surveyor may M.C. Act, 1890, Municipal Corporations Act.-1923. DIVISION VI.-MAKING, FORMING, REPAIRING, WIDENING, (a) cause the public streets, roads, ways, footways, foot-cross- (b) cause such public streets, roads, ways, footways, footcrossings, passages, and places to be raised, lowered, or altered in such manner as they think proper : (c) cause all necessary sewers, gutters, drains, and watercourses to be made along or under the said several public streets and other public places, and vary and alter the same from time to time in such manner as the Council deem advisable. 174. (1) Where a petition is presented to the Council by the owners of not less than two-thirds of the frontage of ratable property abutting on any public street requesting the Council to make such public street and charge half the cost thereof to the owners of ratable property abutting thereon, the Council may make such street and recover one-half of the cost thereof from the several owners of the ratable property abutting on such street and being within the Municipality ratably according to the frontages of such property abutting on such street. (2) The said half cost, or any part thereof, may be collected, and shall be recoverable ratably from each person liable, by any collector of rates or duly authorised officer of the Corporation, or payment thereof may be ordered by the Council by writing under the hand of the Mayor or Town Clerk, and, until fully paid or recovered, the respective proportions shall be a charge upon the land by virtue of the ownership whereof the same became payable, notwithstanding any change in the ownership thereof or any part thereof. (3) In this section "street" shall include "portion of a street”. (4) The powers conferred by this section on the Council shall be in addition to any other powers of the Council contained in this Act relating to the making of public streets. 175. (1) The Surveyor during such time as any public street or put up barriers, &c. place within the Municipality is under repair, or during the making or repairing of any sewers or drains therein, may prevent the passing of carriages, carts, drays, horses, and cattle whilst such works and repairs are in progress, by causing such fences or barriers to be placed on or across any such street or place as he deems proper. s. 126. (2) During Municipal Corporations Act.-1923. (2) During the time that such fences or barriers are continued, the Surveyor shall cause to be affixed thereon such lights during the night as are sufficient to prevent injury or danger to carriages and pas sengers. FART IX. DIVISION VI. Schedule of (3) If the Surveyor fails to comply with the provisions of sub- Ibid., s. 307, section (2) hereof, he shall for each offence be liable to a penalty of Penalties. not less than Five Shillings nor more than Five Pounds. of streets. 176. It shall be lawful for the Council to use in the construction, Council may use maintenance, or repair of any street within the Municipality, any construction, &c., plant or machinery necessary for the purpose, and to travel any machinery, howsoever propelled, along the streets to and from the 1517, 1922, s. 10. place of operations: Provided that barriers shall be erected wherever practicable and not inconvenient at the ends and intersections of streets where operations are being carried on to prevent ingress or egress during the time such street is undergoing construction, maintenance, or repair. travel Council may machinery through 177. It shall be lawful for any Council which engages to do any street construction or repairing for the Council of any other streets. Municipality or other body to travel its machinery, howsoever Ibid, s. 10. propelled, through the streets of its own and any other Municipality or body at all times for the purpose of carrying out such construction or repairs. 178. (1) The Council may existing streets of formed, made, (a) cause any street within their jurisdiction existing on the Council may cause twenty-third day of December, eighteen hundred and not less than 20 feet ninety, not being less than twenty feet in width, or any in width to be part of any such street, to be formed, made, paved, and paved, and drained; drained, or repaired, when and as often, and in such M.C. Act, 1890, s. 129. form and manner, and with such materials as such Council think fit; and (b) cause the ground or soil thereof to be raised or lowered, and the course of the channels in, into, or through the same to be turned or altered in such manner as they think proper. (2) The width of a street for the purposes of this section shall be ascertained by measuring at right angles to the course of such street from front to front of the building line on either side thereof. 179. If any person throws down, breaks, removes, or injures any bar, post, rail, chain, fence, or obstruction placed across any street or place within the Municipality by the Surveyor while such street or place is under repair, or any sewers are being constructed therein, he shall be liable, in addition to the cost of repairing or re-instating such bar, post, rail, chain, fence, or obstruction, to a penalty of not less than Five Shillings nor more than Five Pounds. Penalty for interetc., placed in street during repairs, &c. Ibid., s. 307, Penalties. ference with barriers, Schedule of extinguishing lights 180. If any person extinguishes, removes, hides, or improperly Penalty for interferes with any light affixed by the Surveyor, contractors, builders, placed to protect or passengers. |