Page images


Municipal Corporations Act.—1923. (3) When a map or plan of any land is submitted to the Council under section 200, it shall not be incumbent upon the Council to forward it to the Surveyor-General, as required by that section, unless the person submitting it, if the Council by notice in writing requires him so to do, has made a declaration that the land comprised in such map or plan is not bounded or partly bounded, on any side, by a strip of land less than ten feet in width and under the same ownership as the land, or any part of the land, so comprised.

This Division sub.

204. The provisions of this Division shall be subject to the project to 1452 of 1920. visions of the Town Plannir:g and Development Act, 1920.


Notice of laying out
new streets.
M.C. Act, 1890,
S. 155.

DIVISION XII. LEVELS OF STREETS. 205 No person shall lay out or make any new street in any Municipality without having given written notice of his intention so to do to the Council, in order that the level of such street may be fixed by the said Council.

Level, how fixed.
Ibid., s. 156.

206. The level of every new street shall be fixed under the direction of the Surveyor, and the level so fixed shall be kept thereafter by every person raising any house or other building in such street.

Persons construct. ing street contrary

Council to pay expenses consequent

Ibid., s. 157,

207. (1) No person shall lay out or make any new street, unless to level fixed by the and until the level thereof has been fixed by the Council, and until

the Surveyor is satisfied that the proper and perfect drainage thereof upon a change in the has been provided for by the person laying out the same.

(2) Every person shall, in building any house or other building in any street, the level of which has been fixed by the Council, keep that level.

(3) Any person offending against this section shall be liable to defray all such expenses consequent upon any change in the level of the street or of that part of the street on which any such house or building abuts and of providing for the proper and perfect drainage of the same as the Council, by an order under the hand of the Mayor or Town Clerk direct.

Penalty for offences.
Ibid., s. 307,
Schedule of

208. Any person contravening or not observing any of the provisions of this Division shall be liable to a penalty of not less than Ten Pounds nor more than Fifty Pounds, and to a further penalty of not less than Five Pounds nor more than Ten Pounds for every day during which any such offence is allowed to continue.


Formation, &c., of
private streetse
M.C. Act, 1890,
8. 151.


209. (1) The formation, completion, and repairs of all private streets shall be executed at the exclusive expense of the owners thereof.

(2) Private

Municipal Corporations Act.—1923.


(2) Private streets shall, as to the prevention and suppression of nuisances therein, and the cleansing thereof, and the prevention of fire, be subject to the provisions of this Act for the general regulation of public streets, from and after the period at which any such private street's set out and aligned.

Ibid., s. 152.

210. (1) When any private street, court, alley or right-of-way The owners of prohas been set out within any Municipality, the Council, by writing perties on either side

liable to under the hand of the Mayor or Town Clerk, may order-

completion. (a) that any erection or obstruction wh'ch contracts the proper 833, 1903, s. 4.

width of such street, court, alley, or right-of-way, or any 1183, 1914, s. 17.

part thereof be removed ; and
(6) that such street, court, alley, or right-of-way, or any part

thereof, be levelled, paved, macadamized, drained, or
otherwise repaired in such manner, and within such time

as the Council think expedient.
(2) If, after service of notice of such order upon the owners of
ratable property abutting upon either side of such private street,
court, alley, or right-of-way, such owners do not within the time pro-
vided by such order free from obstruction, and well and sufficiently
level, pave, macadamize, drain, or repair so much of the said street,
court, alley, or right-of-way to the centre thereof as is opposite to
and co-extensive with their respective properties aforesaid, the

Council may


(a) execute and complete whatsoever work as aforesaid has not

been done in pursuance of and according to such order ;
(6) charge each such owner with such part of the expenses

incurred in such completion as bears a fair and reasonable
proportion to the extent to which his property abuts on
such street, court, alley, or right-of-way (regard being
had to the condition of completeness and repair, or the
reverse, in all or any of the respects aforesaid, in which
such street, court, alley, or right-of-way opposite to the
property abutting thereon was at the time of the service

of such notice); and
(c) order payment thereof by writing under the hand of the

Mayor or Town Clerk.
(3) The respective proportions of the expenses aforesaid 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 shall
be a charge upon the land by virtue of the ownership whereof
such sums respectively became payable, notwithstanding any change
in the ownership thereof or of any part thereof.

(4) The provisions of subsections (4), (5), (6), and (7) of section 190 shall apply to cases of moneys paid by any owner under this section as if such subsections had been in terms repeated in this section.

211. (1) For


Municipal Corporations Act.– 1923.

Drainage through private lands. 1517, 1922, s. 13.

211. (1) For the purpose of enabling the Council to execute and complete any drainage work under section 210, the Council doing as little damage as may be, may construct or lay at and along the natural outfall of the water as shaped by the intervention of any houses, buildings, or other like structures, and through any lands lying between the street, court, alley, or rightof-way to be drained and the nearest public sewer, drain, or channel used for the discharge of surface or storm waters a pipe drain or channel suited for the purpose of draining such street, court, alley, or right-of-way.

(2) Such pipe drain or channel shall not pass through any building or other like structure.

(3) Such pipe drain or channel shall, at the desire and request of any owner of land through which it passes, descend and fall into any pipe drain or channel already upon such land and available for the reception of surface or storm waters and lying along the natural outfall aforesaid.

(4) The Council shall not construct or lay any pipe drain or channel through or under any private land otherwise than according to the provisions of Part XXX. of this Act except with the consent of the owner.

(5) Any compensation payable hy the Council to any person or persons in consequence of the laying or construction of any pipe channel or drain through or under private land shall be deemed to be portion of the expenses incurred by the Council within the meaning of section 210.

[ocr errors][merged small]


FORMED, DRAINED, ETC., AT EXPENSE OF LANDOWNERS. 212. When any street, lane, yard, or passage, roadway, byway, or footway, or any part thereof, has been formed levelled, drained, paved, flagged, macadamized, or otherwise made good, the right to use the same for the purposes for which the same has been so formed, levelled, drained, paved, flagged, macadamized, or made good shall be appurtenant to the land of every owner liable to contribute to the cost thereof.



[blocks in formation]

Names of Streets. 213. The Council may(a) affix upon the walls of any house within the Municipality

any board, or plate, legibly showing thereon the name of any street or place, or such notice as may be conducive

to the public convenience; (6) cause such name or notice to be painted or colored upon

such walls; or

(c) fix PART IX. Municipal Corporations Act.—1923.

DIVISION XV. (c) fix on such house any letters in wood, iron, or other material

by which such name or notice is expressed so as to be

clearly legible. 214. A Council may alter the name of any street by a resolution Altering names of carried by at least two-thirds of the whole number of the members streets.

1344, 1918, s. 13. constituting the Council.

Numbers of Houses. 215. (1) The Council may assign a number to each house in every Council may assign street or public place within the Municipality, and may from time a number to each to time, whenever they deem it expedient, assign any other number 1344, 1918, s. 5. to any such house in lieu of the previously assigned number.

(2) The Council may cause the number assigned to any such house to be painted or affixed in a conspicuous position on the front door of such house or on the front gate of the premises belonging to such house or such other fixture on such premises as is approved by the Council or the Surveyor, and for the purpose of such painting or affixing any officer or servant of the Council, or any person who has entered into a contract with the Council in that behalf, may enter upon any private land and may do all such other matters and things as may be necessary for or incidental to that purpose.

(3) The owner for the time of the house whereon any number is painted or affixed under the powers conferred by this section shall be liable to pay to the Council the cost of painting or affixing such number thereon or to the premises belonging thereto, and upon default in payment of such cost for fourteen days after a notice containing particulars of the same has been delivered to such owner or sent through the post in a prepaid envelope addressed to such owner at his last known place of abode or business, the Council may, , for the purpose of recovering the amount of such cost, avail itself of any or all of the methods and remedies provided by this Act for the recovery of rates in arrear, and until paid such amount and the costs incurred in recovering the same shall remain a charge upon the land whereon such house is erected.

(4) If any person wilfully or maliciously destroys, pulls down, obliterates, or defaces any number painted on or affixed to any house or to the premises belonging thereto under the powers conferred by this section, or substitutes a different number therefor, he shall be liable to a penalty not exceeding Ten Pounds, and it shall be lawful for the Council to cause such number so unlawfully destroyed, pulled down, obliterated, or defaced to be reinstated, or such wrong number to be removed and a proper number substituted therefor, and to recover the expense thereof from such person, or from the owner for the time being of such house in a summary manner or by action in any Court of competent jurisdiction, and until paid the amount of such expense and the costs incurred in recovering the same shall be a charge upon the land wheron such house is erected.

(5) In this section the word “house” includes any building in any such street or place as aforesaid, howsoever occupied or used.




Municipal Corporations Act.--1923.

Council may cause
any public street to
be watered,
M.C. Act, 1890,

Watering of Streets. 216. The Council may, from time to time, cause any public street, or portion of a public street, within the Municipality to be watered, and may employ such men, horses, and water-carts, or other means, as are necessary for that purpose.


s. 139.

1344, 1918, 8. 4.

Posting Bills, Etc. Posting bills, &c. 217. (1) No person shall in any street or public place, or in any in public places without permission park lands, squares or reserves of Council.

(a) fix any posting bills or other papers against or upon any Ibid., s. 134.

building, wall, fence, tree, street, board, verandah, lamp-post, telegraph-post, or other post, rail, pole, seat, or any kerb, flag, or footpath, the property of or under

the control of the Corporation or Council ; or (6) write upon, soil, deface, stencil, chalk, paint, or mark any

such building, wall, fence, tree, board, verandah-post, lamp-post, telegraph-post, bridle-post, or other post, rail, pole, seat, kerb, flag, footpath, or any fixture or

appendage thereto, or the surface of any street, without having first obtained the consent thereto of the Council, for such time and on such terms as the Council may decide, or then except in accordance with such consent.

(2) Any person offending against the provisions of this section shall, for every such offence, on conviction, forfeit and pay a sum of not more than Ten Pounds.

Obstructing Streets. Obstructing streets.

218. If any person obstructs any street within the Municipality, 833, 1903 s. 36(part). whether by standing in the street or by allowing any carriage,

perambulator, or animal to remain therein, or by placing any goods or other thing therein, or otherwise howsoever, whereby the public are hindered in the free and proper use of such street longer than is necessary, he shall be liable to a penalty not exceeding Five Pounds.

Stands for licensed
M.C. Act, 1890,
8. 189.

Stands for Licensed Vehicles Plying for Hire. 219. The Council may(a) appoint and fix places in the public streets of the Muni

cipality to be used as public stands for licensed vehicles

plying for hire; (b) alter, vary, or cancel and remove stands so appointed, not

withstanding any such stands have been or are declared,

included, or named in any by-law of the Corporation ; (c) appoint other stands as to them seems necessary; and (d) direct, order, fix, and regulate the number and class of

licensed vebicles to be allowed at any one time to ply for hire on any of such stands, as to them seems expedient.

220. The

[ocr errors]
« EelmineJätka »