Municipal Corporations Act.-1923. PART IX. DIVISION XV. Ibid., s. 190. 220. The Council may authorise the Mayor for the time being, as Temporary stands circumstances arise, to appoint temporary stands in any of the may be appointed. public streets, and to cancel such temporary stands as to him seems expedient. Hawking in Streets, Etc. 833, 1903, s. 37. 221. (1) Subject to any by-law made under any of the sub- Hawkers in streets divisions numbered LIV. to LX. both inclusive of subsection (1) of not to loiter. section 504, any person offering for sale any commodity in any street within any Municipality shall not linger or loiter in such street, nor occupy any fixed stand therein, but shall, except when actually serving any customer, keep moving along such street on the side thereof situate on his left hand, at a walking pace of not less than one mile per hour, and shall not travel the same route more than once within the period of one hour. (2) Any person offending against the provisions of this section shall be liable to a penalty not exceeding Five Pounds. 222. (1) Notwithstanding anything to the contrary contained in the Licensed Hawkers Acts, 1863 to 1912, where a Council has, under a by-law made in pursuance of any of the subdivisions numbered LIV. to LX. both inclusive of subsection (1) of section 504, appointed stands in any street, road, public place, or portion of a street, road, or public place for street hawkers and itinerant traders, and (a) persons have been authorised under such by-law to occupy such stands; or (b) such stands are available for allotment as provided by such by-law: no person (other than a person authorised under such by-law) shall hawk or sell or offer for sale any goods or commodity in any such street, road, public place, or portion of such street, road, or public place. (2) Any person offending against the provisions of this section shall be liable on conviction to a penalty not exceeding Five Pounds, and on a second conviction to a penalty not exceeding Ten Pounds, and on each subsequent conviction to a penalty not exceeding twice the amount of the maximum penalty which might have been imposed on the last preceding conviction. Statues and Fountains. 223. The Council may (a) cause such fountains as they deem necessary for the public convenience and health to be made and constructed in or upon any of the public streets or places within the Municipality; (b) accept and take the care and management of any fountain surrendered to them for public use; and (c) cause any such fountain to be altered, enlarged, repaired, and cleansed, as the Council deem proper. 224. The which stands Prohibition of hawking in streets in appointed for street 1228, 1915, s. 3. hawkers. The Council may construct public fountains, &c. M.C. Act, 1890, s. 191 (part). PART IX. DIVISION XV. Statues and monuments. 833, 1903, s. 28. Occupier or owner to destroy bushes on half width of adjoining streets 1344, 1918, s. 19. Council may construct tramways, etc. 1517, 1922, s. 48. Council may authorise tramways Municipal Corporations Act.-1923. 224. The Council may authorise or ratify the erection in or upon any road or land under its control of any statue or monument, and may maintain or remove the same. Destruction of Bushes, Etc. 225. (1) The occupier or owner of any land adjacent to any street shall, within thirty days after the Council has given him notice so to do, destroy all shrubs, plants, or bushes known as Acacia, prickly pear, African boxthorn, and blackberry growing or being on that portion of such street which is adjacent to and lies between the boundary of his land and the middle of the said street. (2) In default the Council may (a) remove such shrubs, plants, or bushes; and (b) recover by summary procedure before two Justices from the person making such default the expenses incurred in such removal. Tramways, Etc. 226. (1) A Council may, with the consent of the Minister, construct, maintain, manage, and work any tramways, aerial tramways, steel tracks, and other works upon, across, under, or over any street within the Municipality. (2) Such consent of the Minister may be given upon and subject to such conditions, reservations, restrictions, and stipulations as the Minister thinks proper. (3) Save in so far as any conditions, reservations, restrictions, and stipulations under and subject to which any such consent is given by the Minister are not complied with and observed by the Council, any Council constructing, maintaining, managing, or working any tramway, aerial tramway, steel track, or other work upon, across, under, or over any street under the authority of this section shall not be liable in any action or proceeding, whether for nuisance or otherwise, by reason only of the existence, managing, or working of such tramway, aerial tramway, steel track, or other work. 227. (1) A Council may, with the consent of the Minister, grant to any person desirous of constructing and working tramways, aerial tramways, steel tracks, or any other work for the conveyance of agricultural products, minerals, timber, or other things, a permit to construct, manage, and work such tramway, aerial tramway, steel track, or work, or part thereof, upon, across, under, or over any street within the Municipality. (2) Such permit shall not be granted for any period exceeding nine years; but, with the consent of the Minister, may be renewed from time to time for any further period not exceeding nine from the time of such renewal. years 228. (1) If Municipal Corporations Act.-1923. PART IX. DIVISION XV. Minister. Ibid., s. 50. 228. (1) If a Council, for six months after any application for any Appeal to the such permit as mentioned in section 227 is made to it, refuses or neglects to grant the permit, the applicant for such permit may appeal to the Minister by memorial setting out the facts and the grounds of the appeal. (2) The Minister shall hear and determine such appeal in such manner as he thinks just, and may for that purpose appoint any officer to hold an inquiry into the matter and make a report to him, and may act on such report. The Council shall be entitled to be heard on such appeal. (3) If the Minister allows such appeal, he shall give such directions as he thinks fit for carrying the same into effect, and such directions shall be complied with by the Council and all parties concerned. 229. Any such permit granted under section 227 shall be granted subject to such conditions, reservations, restrictions, and stipula tions as the Council, with the approval of the Minister, thinks proper. Permit to be granted subject to conditions. Ibid., s. 51. authority to track, or other 230. Any permit granted under section 227 shall be sufficient Permit sufficient authority for the person to whom it is granted to construct, maintain, construct and work manage, and work the tramway, aerial tramway, steel track, or other tramway, steel work specified in the permit subject to the conditions, reservations, work. restrictions, and stipulations subject to which such permit is granted, Ibid., s. 52. and save in so far as such conditions, reservations, restrictions, and stipulations are not complied with and observed by the person to whom such permit is granted, such person shall not be liable in any action or proceeding, whether for nuisance or otherwise, by reason only of the existence, managing, or working of such tramway, aerial tramway, steel track, or other work. PART X. BRIDGES, SQUARES, PARK LANDS, AND RESERVES. 231. All public bridges, squares, park lands, and reserves within the limits of any Municipality shall, for all the purposes of this Act, be under the care, control, and management of the Council of such Municipality. PART X. Bridges, squares, reserves to be under management of park lands, and Council. 8. 91. may be vested in 232. (1) Subject to the provisions of section 35 of the Harbors Water reserves, &c., Act, 1913, all water and other reserves for public convenience Corporations. situated within or on the boundaries of any Municipality which, by Ibid., s. 92 (part). Proclamation of the Governor, are placed under the care, control, 1149, 1913, s. 35. and management of the Corporation or Council of such Municipality, shall be vested in the Corporation. (2) Subject PART X. Governor may issue grant to corporation. M.C. Act, 1890, s. 93 (part). Power to Council to improve park lands and reserves. Ibid., s. 192. Council may form squares. Ibid., s. 132 (II). Municipal Corporations Act.-1923. (2) Subject as aforesaid the Governor may issue to the Corporation a grant of any such water and other reserves upon such trusts and under such conditions as may appear expedient. (3) Subject as aforesaid until such grant is issued, the Governor may, by Proclamation, resume such water and other reserves. 233. The Council may (a) fence in or otherwise enclose, level, drain, plant, and form walks, and carriage drives through and over any park lands or reserves, or any part thereof; (b) construct dams and reservoirs for the retention and formation of sheets of water thereon, or otherwise improve and ornament the same; and (c) do all such further acts and carry out such measures as are calculated for the adaptation of such park lands or reserves to the purposes of public recreation, amusement, health, and enjoyment. 234. The Council may from time to time level, pave, make, or walks, &c., through form walks and roads through any public square within the limits of the Municipality, and alter the boundaries of any such square: Provided that no such alteration of the boundaries of any public square, shall, except by the formation of walks and roads through the same, diminish in any way the superficial area thereof. Council may grant licences for depas 235. (1) The Council may grant such licences for the depasturing turing on park lands of cattle on the said park lands and reserves, as they deem proper, and take for the same such fees as they by any by-law or public notice from time to time appoint. and reserves. Ibid., s. 193. Ibid., s. 307, Powers to let grounds (2) Any person driving or depasturing any cattle on any park lands or reserves without having a depasturing licence shall be liable to a penalty of not less than Five Shillings nor more than Five Pounds. 236. (1) Notwithstanding anything contained in the Ornamental Grounds Act, 1881, the Council may grant a lease or leases of any portion or portions of the park lands, not exceeding ten acres each, for any term not exceeding twenty-one years, to be used for cricket, football, bowls, or other athletic sports, agricultural shows, or public recreations, and may from time to time renew such lease or leases for a further term of not exceeding twenty-one years. (2) Every such lease shall be granted to two or more persons, upon such terms as to the erection of booths and pavilions on the premises, admission of the public thereto or to any part thereof, and generally subject to such rents, covenants, provisions, and reservations as the Council think fit. (3) No such lease shall be granted until, at a meeting of the ratepayers, a resolution has been passed in favor of a lease being granted of Municipal Corporations Act.-1923. of the lands in question under the powers conferred by this section, and, if a poll is demanded, until the poll has resulted in favor of such resolution. (4) The voting at such poll, and the manner of conducting any meeting for taking the same, shall be in all respects the same as at a meeting for a poll to consent to a rate. 237. Any person-- (a) wilfully or maliciously throwing down, breaking, injuring, or removing any boundary marks, gates, posts, fences, or enclosures on the park lands or reserves; (b) injuring or damaging any walk, carriage-drive, dam, reservoir, lodge, building, erection, or any drain or watercourse thereon; (c) cutting down, injuring, or removing any tree, shrub, or plant, or any crop of whatever kind growing thereon, or any fallen timber lying or being on such lands or reserves; (d) digging, or otherwise breaking up, or carting away or removing any of the soil thereof, or any clay, sand, gravel, or stones therefrom, or any of the turf or sward thereof; or (e) otherwise defacing or injuring the same by depositing thereon broken glass or other rubbish. shall for each and every such offence, in addition to full compensation for the damage arising from the injury so committed, be liable to a penalty of not less than Ten Shillings nor more than Ten Pounds. PART X. Penalties for damaging, &c., park lands and reserves. Schedule of PART XI. FORESHORES, JETTIES, ETC. 238. (1) Wherever any part of the foreshore of the sea, not being within a harbor within the meaning of Part II. of the Harbors Act, 1913, is within a Municipality, such part of the foreshore shall be under the care, control, and management of the Council of such Municipality: Provided that the Governor may, by Proclamation, reserve the whole or any part of such part of the foreshore for any purpose or purposes which the Governor deems expedient, and thereupon the part of the foreshore so reserved shall cease to be under the care, control, and management of the Council, and the Council shall not on account thereof have any claim for compensation. PART XI. Council to control foreshores, except where reserved by foreshores in harbors. (2) Wherever any part of the foreshore of the sea, being within With regard to a harbor within the meaning of Part II. of the Harbors Act, 1913, is within a Municipality, and (a) has been used by the public for bathing, promenading, recreation, or similar purposes, or (b) is naturally suitable for such purposes or any of them, the |