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Amendment of

definition of "ratable

property " in section 6.

Amendment of sections 10 and 11.

Publication of

The Municipal Corporations Act Amendment Act.-1914.

5. (1) The definition of the term "ratable property " contained in section 6 of the principal Act is amended by striking out the words

Lands and buildings, and parts of lands and buildings, used exclusively by the Government for any public purpose, and not occupied as a place of private residence: Provided that where the Government occupy any property owned by a private person such property shall be ratable:

and inserting in lieu thereof the words

Lands and buildings, and parts of lands and buildings, used by the Government for a public purpose : Provided that, notwithstanding any provision to the contrary in any special or general Act, such (if any) parts of any such building as are occupied by any person as a dwelling shall be ratable property, and the person so occupying the same shall be the ratepayer in respect thereof:

(2) The said definition of the term "ratable property " is further amended by adding thereto the words-"Any land which, under the provisions of The Recreation Grounds Taxation Exemption Act, 1910,' is exempt from rating."

6. Wherever by section 10 or 11 of the principal Act the publication in the Government Gazette of a petition or counter-petition is petitions and counter- required, it shall be sufficient compliance with that requirement if the substance and prayer of the petition or counter-petition are so published.

petitions.

Cf. D.C. Act, 1887, 8. 42.

Governor may, without petition, annex road to Municipality or District.

Cf. D.C. Act, 1887, sec. 36.

Amendment of section

22.

Female may be councillor.

Who entitled to vote when agent or attorney is enrolled on citizens' roll.

7. (1) Where any road, street, or highway, or any portion thereof, forms the boundary or part of the boundary of, or adjoins, any Municipality or Municipalities or District or Districts, or any part thereof, the Governor may, by proclamation, without any petition, annex such road, street, highway, or portion to any such Municipality or District as aforesaid, or in separate portions to such Municipalities or Districts, or any two or more of them, and the same shall thereupon be included in such Municipality or Municipalities, District or Districts, accordingly.

(2) The provisions of this section shall be read as if included in Part II. of the principal Act.

8. Section 22 of the principal Act is amended by striking out the words" any female" in the twenty-fifth line.

9. (1) Notwithstanding anything in section 30 or 49 of the principal Act, when a person is enrolled on the citizens' roll for any ward of a Municipality and another person is also so enrolled for the same ward as agent, trustee, or attorney for the firstmentioned person, only one of such persons shall be entitled to vote by virtue of such enrolment at an election or a meeting or poll of citizens. The person to be allowed so to vote shall be the one who first claims to vote at such election, meeting, or poll.

(2) When

The Municipal Corporations Act Amendment Act.-1914.

(2) When two or more persons are enrolled on the citizens' roll for any ward of a Municipality as the agents, trustees, or attorneys for the same person or persons, or one or some of them are so enrolled in one and another or others of them in another or others of those capacities, only one of the persons so enrolled shall be entitled to vote by virtue of such enrolment at an election or a meeting or poll of citizens, and his right so to vote shall be subject to subsection (1) hereof. The person (if any) to be allowed so to vote shall be the one who first claims to vote at such election, meeting, or poll.

10. The amendment, made by section 34 of "The Local Govern- Amendment of section ment Act, 1910," of section 31 of the principal Act, by striking out the last line of the said section 31, is hereby confirmed.

11. (1) Section 40 of the principal Act is amended—

I. by substituting for the words "annual election" in the
third and fourth lines thereof the words "election or
any poll of citizens or ratepayers"; and

11. by inserting after the word "citizens" in the eighth line
thereof the words "or ratepayers

(2) Section 21 of "The Land Value Assessment Act, 1893," is amended by substituting for the words "annual election " in the second line thereof the words "election or any poll of citizens or ratepayers".

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12. Section 45 of the principal Act is amended by inserting, after the word "admit" in the sixth line thereof, the wordsprovided that the Returning Officer shall not reject any nomination paper by reason only of an error in date, or other defect which he considers immaterial."

any

13. Section 115 of the principal Act is amended by substituting the words "for the purpose of permanently" for the words "as aids in" in the last line thereof.

31 confirmed. Persons in receipt of public relief enrolled as citizens.

Amendment of section

40.

Alterations and citizens' roll.

amendments of

Corresponding 21 of Act 573 of 1893.

amendment of section

Amendment of

section 45. Immaterial defect in

nomination paper not

to invalidate.

Amendment of
Marks indicating

section 115.

alignments.

section 131.
Cost of fencing to be a

14. Section 131 of the principal Act is amended by adding at the Amendment of end thereof the words "and, until fully paid or recovered, such amount shall be a charge upon such land, notwithstanding any charge on the land. change in the ownership thereof, or of any part thereof."

66

15. Section 136 of the principal Act is amended by substituting Amendment of the words one to five" for the words "one-half to one" in the seventh line thereof.

section 136. Batter in case of excavation near street.

section 138.

Position of number

16. Section 138 of the principal Act is amended by inserting after Amendment of the word "house" in the seventh line thereof, the words "or on the front gate of the premises or such other fixture thereon as is approved assigned to a house. by the Council or the Surveyor."

17. Any

How amounts due for paving footways may be recovered.

Amendment of

sections 153 and 154.

No plan of land in a Municipality to be deposited without certificate of approval.

How certificate of approval obtained.

The Municipal Corporations Act Amendment Act.-1914.

17. Any sum payable by any person pursuant to section 142, section 143, or section 152 of the principal Act 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 or occupation whereof such sum became payable, notwithstanding any change in the ownership thereof, or of any part thereof.

18. Sections 153 and 154 of the principal Act are amended so as to read as follows:

153. (1) Notwithstanding the provisions of the Real Property Act

(a) no map or plan of any land situated within a Municipality, dividing such land into allotments or otherwise, or showing any street, road, or right of way, or 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 prescribed 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.

154. (1) Every such map or plan as mentioned in section 153 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 certify the map or plan as approved, and shall return one part thereof to the Council.

The Municipal Corporations Act Amendment Act.-1914.

(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 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.

(7) The Registrar-General shall have power to permit the Correction of errors. correction of any errors which have been proved to his satisfac- Cf. D C. Amendment tion to have been made in any such map or plan which has Act, 1904, sec. 3. been or is hereafter deposited in the Lands Titles Registration

Office or the General Registry Office.

(8) 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.

(9) Such new map or plan shall be deposited and attached to the original map or plan, and shall show the required cor

rections.

19. (1) When a map or plan of any land is submitted to a Council under section 154 of the principal Act, and such land is bounded or partly bounded on any side by a strip of land, which strip is

(a) less than ten feet in width, and

(b) 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 the said section
154, unless the person submitting it, if the Council by notice
in writing requires him so to do, has either—.

1. 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

Strips of land on boundaries of land submitted for deposit.

comprised in plans

How permanent survey marks to be made.

Amendment of section 222.

The Municipal Corporations Act Amendment Act.-1914.

(2) When a Council has given notice under subsection (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 interested 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 11. of subsection (1) hereof.

Sections 299 and 300 of the principal Act, but not the preceding provisions of Part XII. of that Act, shall apply for the purposes of such taking and compensation, and all things incidental thereto or connected therewith.

(3) When a map or plan of any land is submitted to a Council under section 154 of the principal Act, 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.

20. Permanent marks, for defining alignments, fixed under or for the purposes of any provision of the principal Act or any amendment thereof, shall be constructed of materials prescribed by regulations made by the Governor under the principal Act, and shall be fixed in manner so prescribed.

21. Section 222 of the principal Act is amended by substiAssessment of pastoral tuting the word "five" for the words "two and a half" in the last line but one thereof.

or agricultural land.

Amendment of section

232.

Decision of Local
Court on assessment
appeal to be final,
subject to power
to state case for

Supreme Court.

22. Section 232 of the principal Act is amended by striking out the words "and the decision of such Local Court shall be final," and it is hereby enacted as follows:

(1) The decision of the Local Court on any appeal under Part VIII. of the principal Act shall be final: Provided that such Court may, if it thinks fit, at any stage of the appeal, and upon such terms as it thinks fit, state a case for the opinion of the Supreme Court upon any question which, in the opinion of such Local Court, is a question of law.

(2) The

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