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Municipal Corporations Act.—1923.

PART ix. DIVISION XV.

Ibid., s. 190.

not to loiter. 833, 1903, s. 37.

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. 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 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 Prohibition of the Licensed Hawkers Acts, 1863 to 1912, where a Council has, under bawking in streets in a by-law made in pursuance of any of the subdivisions numbered appointed for street LIV. to LX. both inclusive of subsection (1) of section 504, appointed 1228, 1915, 8. 3. 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 (6) 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.

which

hawkers.

Statues and Fountains. 223. The Council may(a) cause such fountains as they deem necessary for the public The Council may

construct public convenience and health to be made and constructed in fountains, &c. or upon any of the public streets or places within the M.C. Act, 1830,

s. 191 (part). Municipality; (6) 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

Part IX. Division xv.

Municipal Corporations Act.—1923.

Statues and monu.
ments.
833, 1903, s. 28.

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.

Occupier or owner
to destroy bushes on
half width of
adjoining streets
1344, 1918, s. 19.

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.

Council may
construct tramways,
etc.
1517, 1922, s. 48.

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.

Council may
authorise tramways
or steel tracks on
streets.
Ibid., s. 49.

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

years from the time of such renewal.

228. (1) If

Municipal Corporations Act.—1923.

Part 1x. DIVISION XV.

a

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

Ibid., s. 50. 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, be 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 gianted Permit to be

granted subject subject to such conditions, reservations, restrictions, and stipula- to conditions. tions as the Council, with the approval of the Minister, thinks proper. Ibid., s. 51.

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

authority to 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., 8. 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, hy reason only of the existence, managing, or working of such tramway, aerial tramway, steel track, or other work.

lands, and reserves to be under

Council.
M.C. Act, 1890,

PART X.

Part x. BRIDGES, SQUARES, PARK LANDS, AND RESERVES.

231. All public bridges, squares, park lands, and reserves within Bridges, squares, the limits of any Municipality shall, for all the purposes of this Act, peacek do para be under the care, control, and management of the Council of such management of Municipality

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

8. 91.

PART x.

Municipal Corporations Act.—1923. Governor may issue (2) Subject as aforesaid the Governor may issue to the Corporation to corpora

a grant of any such water and other reserves upon such trusts tion. M.C. Act, 1890, s. 93 and under such conditions as may appear expedient. . (part).

(3) Subject as aforesaid until such grant is issued, the Governor

may, by Proclamation, resume such water and other reserves. Power to Council to 233. The Council mayimprove park lands and reserves.

(a) fence in or otherwise enclose, level, drain, plant, and form Ibid., s. 192.

walks, and carriage drives through and over any park

lands or reserves, or any part thereof ; (6) construct dams and reservoirs for the retention and forma

tion 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.

Council may form 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

, ., squares. Ibid., s. 132 (II).

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.

and reserves. Ibid., s. 193.

Council may grant 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 tinae to time appoint.

(2) Any person driving or depasturing any cattle on any park Schedule of

lands or reserves without having a depasturing licence shall be liable Penalties.

to a penalty of not less than Five Shillings nor more than Five Pounds.

Ibid., s. 307,

9

a

Powersto let grounds 236. (1) Notwithstanding anything contained in the Ornamental vested in the Cor.

Grounds Act, 1881, the Council may grant a lease or leases of poration. Ibid., s. 97. 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.

PART X.

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.

Penalties for damaging, &c., park

Schedule of
Penalties.

237. Any person--(a) wilfully or maliciously throwing down, breaking, injuring, lands and reserves.

Ibid., s. 307, 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 XI.

PART XI. FORESHORES, JETTIES, ETC. 238. (1) Wherever any part of the foreshore of the sea, not being Council to control

foreshores, except within a harbor within the meaning of Part II. of the Harbors Act, where reserved by 1913, is within a Municipality, such part of the foreshore shall be the Governor. under the care, control, and management of the Council of such 1183, 1914, s. 43. Municipality : Provided that the Governor may, by Proclamation, 1344, 1918, s. 18 (1). 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. (2) Wherever any part of the foreshore of the sea, being within With regard to

foreshores in harbors. 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
(6) is naturally suitable for such purposes or any of them,

the

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