Municipal Corporat ons Act.—1923.

PART IX, DIVISION IX.

(2) Unless the said owners or occupiers within thirty days after the service of such requisition, show cause to the satisfaction of the Council why such crossing should not be so constructed or repaired, or within such time construct or repair the same according to the provisions hereof, the Council may execute such work or repairs and determine and charge such owners or occupiers with their proportionate parts of the expenses thereby incurred.

(3) If, after the expiration of twenty-one days from the delivery of an account of the proportionate expense to which any such owner or occupier has become liable, the same is not paid, the Council, by order under the hand of the Mayor or Town Clerk, may direct payment thereof.

Works on roads

DIVISION X.-REINSTATEMENT OF STREETS.

DIVISION X. 196. (1) When

under statutory (a) any portion of any road within any Municipality, or under powers to be carried

out continuously the care, control, or management of any Municipal until completed Corporation, is opened or broken up, or any work is 1183, 1914, s. 39 done thereon or thereto, by any person, company, or

body corporate under the authority of any Act, and
(6) such road is not restored, or such work is not completed

and the road restored, within twenty-four hours from
the time of commencing such opening or breaking up or

such work
such person, company, or body corporate, if so required by the road
authority by notice in writing, shall continuously, by means of
shifts of workmen, working at least sixteen hours in every twenty-
four hours (Sundays and public holidays excepted), carry on such
opening or breaking up and the work for which such opening or
breaking up is done, or carry on the work to be done on or to such
road, as the case may be, and, in either case, also carry on the work
of restoring such road, until such work and the restoration of the
road are completed.

(2) Any person, company, or body corporate who or which fails to comply with the requirements of this section shall be liable to a penalty not exceeding Fifty Pounds, and to a further penalty not exceeding Twenty Pounds for every day after the first upon which the default exists.

(3) It shall be a sufficient defence to any proceedings under this section to show that the failure to comply with the requirements of this section was occasioned by shortage of suitable labor, provided that it is also shown that the defendant adopted all reasonable means to procure sufficient suitable labor.

(4) This section shall apply only with respect to a road, or portion of road, declared by the road authority, by notice made with the approval in writing of the Minister and published in the Gazette, to be within the application of this section.

H-1558

(5) In

PART ix.
DIVISION x.

Municipal Corporations Act.—1923. (5) In this section the term “road authority ” has the same meaning as in section 197.

(6) This section shall not apply in the case of any portion of road opened or broken up, or on or to which any work is done, by the Municipal Tramways Trust under the powers conferred by the Municipal Tramways Trust Act, 1906, or any Act incorporated therewith.

No. 913 of 1906.

Final reinstatement
of streets opened
under statutory
authority to bo
effected by
Corporation at cost
of person opening

same.

1183, 1914, s. 40.

Notice of restora.
tion

197. (1) In all cases in which any portion of any road within any Municipality, or under the care, control, or management of any Municipal Corporation, is opened or broken up by any person, company, or body corporate under the authority of any Act, the final reinstatement of the portion of the road so opened or broken up may be effected by the road authority at the cost of such person, company, or body corporate, anything in any Act to the contrary notwithstanding : Provided that the road authority shall not commence such final reinstatement unless(a) the road authority has given such person, company, or body

corporate notice in writing stating in what respects the restoration of such portion of road is, in its opinion,

defective, and (b) such person, company, or body corporate has not, within

the time, not being less than seven days, stated in such notice, remedied the defects stated therein to the satis

faction of the road authority. (2) Not later than twenty-four hours after any portion of any road which has been opened or broken up as mentioned in subsection (1) hereof, has been restored, the person, company, or body corporate who or which opened or broke up the same shall give notice in writing of such restoration to the road authority, and in default thereof shall be liable to a penalty not exceeding Ten Pounds.

(3) The cost of the final reinstatement of any portion of any road opened or broken up as mentioned in subsection (1) hereof shall be recoverable by the road authority from the person, company, or body corporate who or which opened or broke up the same by action in any Court of competent jurisdiction, or in a summary way before any two or more Justices. (4) In this section(a) “ road” includes any public street, road, footway, foot

crossing, passage, or other way : (6) final reinstatement means the making good of any

faulty or insufficient work done by any person, company, or body corporate in the restoration of the portion of the road opened or broken up, and in making good any adjoining portions of the road damaged by or in consequence of the opening or breaking up, and the filling

up

Recovery of cost of
Gnal reinstatement.

Interpretation.

66

PART IX. DIVISION X.

Municipal Corporations Act.—1923.
up or making good of any depression or subsidence in
the said portion or any such adjoining portion which
may be discovered or happen at any time within twelve

months from such restoration :
(c) “ road authority” means the Corporation of the Muni-

cipality wherein the road is situated, or the Corporation

having the care, control, and management of the road. (5) This section shall not apply in the case of any portion of road opened or broken up by the Municipal Tramways Trust under the powers conferred by the Municipal Tramways Trust Act, 1906, No. 913 of 1906. or any Act incorporated therewith.

198. (1) In all cases where any water main or pipe, gas main or Damages caused by pipe, electric cable, or other work or thing has heretofore been or is under statutory hereafter laid under, on, or above the surface of any road under any authority.

, power or duty conferred or imposed by any Act, and by or in 1183,1914., s. 41. consequence of the bursting, explosion, or fusion of such main, pipe, cable, work, or thing, or any other occurrence connected therewith, any damage is caused to such road, the road authority may make good the whole of such damage, and may recover the cost thereof from the person, company, or body corporate having control of or owning such main, pipe, cable, work, or thing, by action in any Court of competent jurisdiction, or in a summary way before any two or more Justices.

(2) In this section the terms “road” and “road authority ” respectively have the same meanings as in section 197.

works constructed

DIVISION XI. SUBDIVISION OF LAND.

DIVISION XI. 199. (1) Notwithstanding the provisions of the Real Property No plan of land in a Act

Municipality to be

deposited without (a) no map or plan of any land situated within a Munici- certificate of

pality, dividing such land into allotments or other- approval.
wise, or showing any street, road, or right-of-way, or 1183, 1914, s. 18

part.
intended street, road, or right-of-way, over such land

or any part thereof; and
(b) no map or plan subdividing any land already so divided

or part thereof, or showing any street, road, or right-
of-way, or intended street, road, or right-of-way, over

such land or part, or over any part thereof,
shall be deposited in the Lands Titles Registration Office, or in
the General Registry Office, unless such map or plan has been
certified as approved by the Surveyor-General, or by some other
person authorised by the Minister in that behalf, nor, in any case
in which the certificate of the Surveyor-General or such person
is expressed as subject to the condition that the positions of pre-
scribed permanent marks shall be shown thereon, unless on such
map or plan there are shown the positions of permanent marks, as
points of reference for the purpose of defining the alignments, fixed
at such points as are prescribed by regulations made under this Act.

200. (1) Every

PART IX. DIVISION XI.

How cortificate of approval obtained. Ibid. s. 18 (part).

Municipal Corporations Act.—1923. 200. (1) Every such map or plan as mentioned in section 199 shall be submitted in duplicate by the person desiring to deposit the same, to the Council of the Municipality in which the land is situated.

(2) The Council shall, within twenty-eight days, consider such map or plan and forward the same in duplicate to the Surveyor-General, with a memorandum under the hand of the Mayor and Clerk, stating whether the Council have or have not any objections to the map or plan, and (if any) the nature of such objections.

(3) If the Council have no such objection, the SurveyorGeneral, or some person to be authorised by the Minister in that behalf, shall, unless he is satisfied that there is sufficient reason for refusing his approval, certify the map or plan as approved, and shall return one part thereof to the Council.

(4) If the Council have any such objection, the SurveyorGeneral shall submit the same, with the map or plan, to the Minister

, who

may either confirm the objection or overrule the same, in which latter case the Surveyor-General or authorised person shall, unless he is satisfied that there is sufficient reason for refusing his approval, certify the plan as approved.

(5) If the Minister confirms the objection, he may at any time review his decision, and vary the same if he sees fit.

(6) Notwithstanding anything in this section, the SurveyorGeneral, or the person authorised as aforesaid, may, in certifying the map or plan, express his certificate as subject to the condition that the positions of prescribed permanent marks shall be shown thereon.

201. (1) The Surveyor-General, or other authorised person, shall not approve of any such map or plan unless he is satisfied that there is no sufficient reason why his approval should be refused.

(2) Without in any way limiting the discretion of the SurveyorGeneral or other authorised person under this section, it shall be a sufficient reason for refusing approval of any such map or plan if(a) any road or street or intended road or street therein shown

is of a less width than forty feet; or (6) the land therein comprised is bounded or partly bounded on

any side by such a strip of land as mentioned in section 203, if the provisions of that section as regards such

strip have not been complied with ; (c) the land therein comprised is intersected by or is bounded

or partly bounded on any side by a line of railway, and a road or street is not shown on such plan on both sides of such line of railway, or on the side of such line which

is adjacent to such land, as the case may (d) the site or orientation of any building to be erected on such land is for any reason unsatisfactory.

202. (1) The

Surveyor-General may refuse approval. 1304, 1917, s. 2.

be;

boundaries of land

submitted for

PART IX. Municipal Corporations Act.—1923.

DIVISION XI. 202. (1) The Registrar-General shall have power to permit the Correction of errors. correction of any errors which have been proved to his satisfac- 1183, 1914, s. 18

(part). tion to have been made in any such map or plan which has been or is hereafter deposited in the Lands Titles Registration Office or the General Registry Office.

(2) In making such corrections the original map or plan shall not be altered, but the corrections shall be made by means of a new map or plan, certified to by a licensed surveyor.

(3) Such new map or plan shall be deposited and attached to the original map or plan, and shall show the required corrections.

203. (1) When a map or plan of any land is submitted to the Strips of land on Council under section 200, and such land is bounded or partly comprised in plans bounded on any side by a strip of land, which strip-

deposit. (a) is less than ten feet in width, and

Ibid., s. 19. (6) abuts on any public street, road, or right of way, it shall not be incumbent on the Council to forward such map or plan to the Surveyor-General as required by section 200, unless the person submitting it, if the Council by notice in writing requires him so to do, has either1. procured such strip, or the portion or portions thereof

specified in such notice, to be vested in the Council in

fee simple without any cost to the Council, or
II. paid to the Council or given security to the satisfaction of

the Council for the payment of, the amount of the com-
pensation to be paid by the Council upon taking such
strip or portion or portions, pursuant to subsection (2)
hereof and the costs of and incidental to the taking

thereof, and of all proceedings connected therewith.
(2) When a Council has given notice under subsect on (1) hereof
with respect to a strip of land, and the person submitting the map
or plan has not within one month after the giving of such notice
procured such strip, or the portion or portions thereof specified in
such notice, to be vested in the Council in fee simple, the Council-
(a) shall take such strip, or portion or portions, in fee simple,

and shall make to the owners of, and all persons inter-
ested in, the strip or portion or portions so taken, full

compensation for the value thereof, and
(b) may recover the amount of such compensation and the costs

of and incidental to the taking of such strip, or portion
or portions and of all proceedings connected therewith,
from the person who submitted such map or plan, unless
he has already made payment thereof or given security
therefor as mentioned in subdivision II. of subsection (1)

hereof.
Sections 483 and 484, but not the preceding provisions of Part XXX.,
shall apply for the purposes of such taking and compensation, and
all things incidental thereto or connected therewith.

(3) When