PART IX. DIVISION VI. Ibid. Powers of Council, with reference to streets. 1183, 1914, s. 27 (part). M.C. Act, 1890, s. 132. 833, 1903, s. 26 (part). Consent of Com. Municipal Corporations Act.-1923. or other persons to any works or repairs in any street or place to prevent injury to passengers during the night, he shall be liable to a penalty of not less than Five Shillings nor more than Five Pounds. 181. The Council, from time to time may (a) widen any of the public streets, or any parts of the public streets, within the Municipality in all cases where it deems it expedient : (b) increase or decrease the width of any footpath, road, or carriage way in any public street: Provided that the width of any such footpath shall not exceed the width of the carriage way of such street : (c) subject to section 182, fence in and plant with trees and shrubs such portions as they think proper of any public street or road within the Municipality, the width whereof exceeds one hundred feet, and increase or decrease the width of the portions so fenced in and planted, but so as not to interfere with or prejudice the rights of owners of property abutting upon such public street or road: (d) subject to section 182, plant trees in any street or road in the Municipality, and erect tree-guards and all necessary stakes and supports for the protection of such trees, but so as not to obstruct the public traffic. 182. The consent of the Commissioner of Public Works shall be obtained before trees are planted in any street or road in which before trees planted water or sewer pipes have been laid by the Government. missioner of Public Works necessary in streets containing water pipes. 833, 1903, s. 26 (part). Boundary roads, bridges, or other public works: how repaired and maintained. 1517, 1922, s. 12. 183. (1) Whenever a public road, bridge, or other work thereon or connected therewith, so far as it forms the common boundary of any part of two Corporations, ought in the opinion of the Corporation having the care, control, and management of either half of M.C. Act, 1890, s. 147. such road, bridge, or work, to have any repairs or work done thereon or thereto, it shall be lawful for such Corporation to give the Corporation having the care, control, and management of the other half of such road or bridge notice in writing, specifying such repairs or work, and requiring the said last-mentioned Corporation to concur with them in executing the same. (2) If such two Corporations, do not, within three months after the service of such notice, enter into an agreement for executing the said work, the Corporation giving such notice may execute the same at their own costs and charges, and may recover by action as a debt from the Corporation to which the said notice has been Municipal Corporations Act.-1923. been given, such portion of the said costs and charges as have been actually and reasonably expended on the said last-mentioned half of such road, bridge, or work. (3) In determining the reasonableness of such expenditure, regard shall be had not only to the state of such road, bridge, or work, but also to the comparative necessity for the work, and the manner in which the same has been executed. DIVISION VII.-UNFENCED LAND, EXCAVATIONS, ETC., ADJOINING 184. (1) When any land adjoining or abutting upon any public or private street is not fenced in or enclosed to the satisfaction of the Council, the Council may by writing under the hand of the Mayor or Town Clerk order that such land, so far as it adjoins abuts upon such public or private street or (a) be enclosed with a substantial fence of posts and rails or posts and wires, as the Council shall determine; or (b) in order to prevent drift sand, soil, or other material from being carried on to any public or private street, be enclosed by a close and sufficient fence of not less than five feet in height. (2) If the owner of such land, neglects or fails to enclose such land in the manner prescribed by such order, within two months after the service thereof upon him the Council may fence in and enclose such land, or such parts thereof as have not been enclosed. (3) The Council may order payment by the owner of the expenses thereby incurred, by writing under the hand of the Mayor or Town Clerk, and the amount of such expenses shall be recoverable by the Council by any process by which rates in arrear may be recovered, and, until fully paid or recovered, such amount shall be a charge upon such land notwithstanding any change in the ownership thereof, or of any part thereof. 185. (1) If any well, cistern, hole, excavation, or any other place, for want of a sufficient fence or enclosure, is, in the opinion of the Council, dangerous to persons passing along any public street or place, or place of resort, or on any unenclosed land, within the Municipality, the Council may, by writing signed by the Town Clerk, give to the owner thereof a notice requiring him to cause the same to be forthwith enclosed, covered, filled in, or otherwise secured. (2) If such well, cistern, hole, excavation, or other place is not, within twenty-four hours after service of such notice on the owner thereof, sufficiently enclosed, covered, filled in, or otherwise secured, so as to be no longer dangerous, the Council of such Municipality may enclose, cover, fill in, or otherwise secure the same. PART IX. DIVISION VII. Excavations near 1183, 1914, s. 15. Retaining walls to be constructed when land higher or lower than the level of the street. 833, 1913, s. 12. DIVISION VIII. Council to keep footways in the public streets of the same width and levels. M.C. Act, 1890, 8. 140. Council may fence footways for safety of passengers. Municipal Corporations Act.-1923. (3) If the exigency of the case so requires, the Council may, without notice, forthwith enclose, cover, fill in, or otherwise secure any such dangerous well, hole, excavation, or other place. (4) In any case in which the Council encloses, covers, fills in, or otherwise secures any such well, cistern, hole, excavation, or other place under this section, the expense of so doing shall be paid by the owner to the Corporation upon the order of the Council, under the hand of the Mayor or Town Clerk. 186. (1) No person shall dig or excavate any hole or pit for the sole purpose of using or removing to any other place the soil, clay, stone, sand, gravel, or other such like material, unless such person leaves untouched and intact a bank of solid earth not being less than five feet in width from the nearest edge of the said hole or pit to the building line or lines of any street or streets, such bank of solid earth to have a batter of at least one to five, so as to support the said bank and to prevent its breaking away or falling for the want of such batter or support. (2) Nothing contained in subsection (1) shall prevent any owner of land from removing the soil of any cellar up to and abutting on the building-line of any footway if such footway is forthwith supported by a wall of sufficient strength to prevent the falling or subsiding of the footway into such cellar. 187. (1) Where any land abutting on any public street has been raised or lowered by the owner above or below the level of such street the owner thereof shall construct retaining walls of such material and dimensions as are approved by the Council. (2) If default in so doing is made by the owner, after notice in that behalf by the Council, the Council may construct the necessary retaining walls. (3) The Council may recover the cost of such construction from the owner in any Court of competent jurisdiction. (4) If the difference in the level of the street and the land abutting thereon, as mentioned in subsection (1), has been caused by or by order of the Council, the retaining walls shall be constructed by and at the cost of the Corporation. DIVISION VIII.-FOOTWAYS. 188. The Council may cause the footways in the public streets within the Municipality to be made, as nearly as may be practicable, of the same breadth and levels; and, for that purpose, may remove or reduce any flagging, steps, unevenness of surface, or whatever may obstruct, render uneven, or contract such footways or any of them. 189. The Council may erect such permanent or temporary fences as they deem requisite for preventing the access of cattle, horses, or Municipal Corporations Act.-1923. PART IX. DIVISION VIII. or vehicles to any of the footways, and for the general safety of foot Ibid., s. 141. 190. (1) The Council after giving public notice that they deem it expedient so to do may cause any footway or part of a footway to be paved. Footways may be paved, and moiety of expense recovered. Ibid., s. 142. (2) The Council may pay one moiety of the expense incurred 1183, 1914, s. 17. thereby, and of giving such public notice, out of the general revenue of the Corporation, and the other moiety shall be paid by the owners of the property abutting on the footway or portion of a footway so paved, ratably, according to the frontage of the premises abutting on the footway or portion thereof so paved. (3) Such last mentioned moiety 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 the Council, by writing under the hand of the Mayor or Town Clerk may order the payment thereof, or the same may be recovered by the Council by action, or by any process by which rates in arrear may be recovered; and, until fully paid or recovered, such sum shall be a charge upon the land by virtue of the ownership whereof such sum became payable, notwithstanding any change in the ownership thereof, or of any part thereof. (4) No money paid by any owner under this section shall be recovered by him from his lessee or tenant, any contract or covenant existing on the twenty-third day of December eighteen hundred and ninety notwithstanding, and no contract or covenant entered into after the said twenty-third day of December, shall bind any lessee or tenant to pay any such money to such owner unless such contract or covenant specifically refers to this section, cr to section 142 of the Municipal Corporations Act, 1890, where such contract or covenant was entered into before the commencement of this Act. (5) Any owner paying money under this section, and not entitled to recover it from his lessee or tenant, shall be entitled to charge the person who is his tenant at the time of such money becoming due by such owner with interest during the remainder of the tenancy of such tenant, at the rate of Seven Pounds per centum per annum on the amount of such money from the time of the same being paid by such owner or of such owner becoming liable to pay interest thereon. (6) Such interest shall be paid by such tenant to such owner at the due dates of the rent under the tenancy, and shall be a debt from the tenant to the owner, and shall also be recoverable by distress in the same manner as the said rent. (7) In like manner every tenant or sub-tenant who is charged interest under this section shall be entitled to charge the person who is his sub-tenant at the time of such money becoming due by such owner with interest, at the same rate and from the same time as above mentioned during the remainder of such sub-tenancy, which interest shall be paid by such sub-tenant at the due dates of PART IX. DIVISION VIII. Footways may be paved at request of owner or occupier. M.C. Act, 1890, s. 143, 1183, 1914, s. 17. M.C. Act, 1890, s. 307, Schedule of DIVISION IX. Crossing places from public streets over footways to be regulated by Council. M.C. Act, 1890, s. Owners of property Council may require owners or occupiers and repair crossing Municipal Corporations Act.-1923. of the rent under the sub-tenancy, and shall be a debt from the sub-tenant, and shall also be recoverable by distress in the same manner as such rent. 191. (1) Any person or persons desirous of having any footway paved or made, or any footway abutting on ratable property belonging to or occupied by him or them kerbed, may apply to the Council, in writing, signifying such desire. (2) The Council may thereupon pave or make such footway, or put a kerb to the footway, with such materials as they deem best. (3) The Council may charge, take, and recover such portion of the cost of such work as they deem fair and just from the applicant or applicants desiring such work to be done, and may order payment thereof under the hand of the Mayor or Town Clerk, and the respective portions may be recovered by the Council by action or by any process by which rates in arrear may be recovered, and until fully paid or recovered such respective sums shall be a charge upon the land by virtue of the ownership or occupation whereof such sums respectively became payable notwithstanding any change in the ownership thereof or any part thereof. 192. If any person (a) commences to pave, gravel, or put a kerbstone to any footway without leaving a previous notice in writing at the office of the Surveyor; or (b) refuses or neglects to conform to the directions of the Surveyor in regard to any such work; he shall be liable to a penalty of not less than Five Shillings, nor more than Five Pounds. DIVISION IX.-CROSSING PLACES. 193. The Council may fix the places at which crossing places for vehicles and animals from any public street to private residences, or other premises on either side of the said street, shall be made over any footway. 194. Upon the application of any owner, or of the majority in number of any owners of property, who require a communication with the street by means of such crossing as aforesaid, the Council may permit the same to be constructed under the superintendence and to the satisfaction of the Surveyor, in conformity with the provisions of this Act, or they may construct the same, and may by writing under the hand of the Mayor or Town Clerk, order payment of the cost thereof by the owners of such property. 195. (1) The Council, by writing under the hand of the Mayor or of premises to make Town Clerk, may require the owners or occupiers of any premises on either side of any public street to make or repair any crossing place over the footway leading to and from such premises into the said street, in conformity with the provisions aforesaid, as to the Council may appear necessary. places from main street. Ibid., s. 146. (2) Unless |