PART XVII. DIVISION II. Pound licences. D.C. Act, 1887. sec. 256. No. 8 of 1858. Council to be the licensing authority under the Slaughterbouse Acts, with power to appoint inspectors D.C. Act, 1887, sec. 258, altered. No. 957 of 1908. Onus of proof on defendant. D.C. Amendment Where no inspector, notices and information to be given to clerk. D.C. Act, 1587, sec. 259. Notice of travelling stock under Act 443 of 1888. D.C. Act, 1887, sec. 260 The District Councils Act.-1914. 259. (1) The Council may, as to any pound within the District, licence the keeper thereof, or any other person, as an auctioneer to sell cattle impounded in such pound, and may revoke any such licence. (2) Any poundkeeper, or other person so licensed, shall, during the continuance of the licence, have the same power to sell any such cattle as a person licensed by the Governor under section 32 of "The Impounding Act of 1858." 260. (1) The Council shall have the sole power-— (a) To grant licences under the Slaughter-house Acts for slaughter-houses and slaughtering of cattle within the District; and (b) To appoint inspectors under the said Acts for the District or any part thereof. (2) The District or such part shall be deemed a district or part of a district under the said Acts. (3) The Council shall be substituted for and have within the District all the powers and authorities by the said Acts vested in the Bench of Magistrates or the Bench of Justices. (4) This section shall not apply within the metropolitan abattoirs area under "The Metropolitan Abattoirs Act, 1908," nor within any abattoirs area proclaimed under "The Abattoirs Act, 1911." 261. In any prosecution under section 1 of Act No. 5 of 1840, or under any by-law relating to slaughtering or slaughter-houses, made under the authority of this Act or any Act hereby repealed, the informant need not prove that any cattle slaughtered in an unlicensed house or place were intended for sale, barter, shipping, or exportation, but such intention shall be presumed until the defendant proves the contrary. 262. (1) Whenever by the Slaughter-house Acts any notice or information is required to be given to an inspector, such notice or information shall, as to anything occurring within a District or part of a District for which no inspector has been appointed, be given to the clerk of the District. (2) Any person omitting to give such notice or information shall be liable to the same penalties as are by such Acts imposed for omission to give notice to an inspector. 263. The notice required by section 20 of "The Stock Diseases Act, 1888," shall, as to Crown lands within any District, be given to the District clerk or the District ranger instead of to the nearest police constable or Crown lands ranger. DIVISION The District Councils Act.-1914. PART XVII. DIVISION III. DIVISION III.-MANUFACTURING DISTRICTS. 264. Resident householders within the District may present a Memorial for estabmemorial to the Council thereof, asking the Council lishment of Manufacturing District may be addressed to Council by householders. (a) To establish within the District a Manufacturing District; (b) To alter the boundaries (but not so as to extend them beyond D.C. Act, 1987, the District) of any Manufacturing District in the District; or (c) To add to the manufactures to be carried on in any such Manufacturing District. sec. 266. 265. Any six persons may present to the Council a memorial, Memorial may be signed by themselves, asking the Council addressed to Council by any six persons for establishment of place. (a) To declare any uninhabited portion (to be defined in such Manufacturing Dismemorial) of the District to be a Manufacturing District; trict in uninhabited (b) To alter the boundaries of any uninhabited Manufacturing D.C. Act, 1887, District existing in the District at the date of such sec. 267. memorial; or (c) To add to the manufactures to be carried on in such existing Manufacturing District. 266. (1) The Council shall not comply with any memorial under Memorial to be this Division until after the expiration of one week after the same gazetted for three has been published by the signatories thereof for three successive laid before Minister. weeks in the Gazette, and has also been laid before the Minister by D.C. Act, 1887, the Council for one month. (2) The first of such publications of the memorial shall take place not later than fourteen days from the date of the presentation thereof to the Council. sec. 268. with the memorial. 267. (1) Any person may, by counter-memorial presented to Cause may be shown the Council not later than one week after the third successive against complying publication in the Gazette of the memorial aforesaid, show cause D.C. Act, 1887, why such memorial should be refused altogether or in part. (2) Such counter-memorial shall specify (a) The objections to the compliance with the memorial; behalf. (3) Such counter-memorial shall be laid before the Minister by the Council, and shall be published by the signatories thereof for two successive weeks in the Gazette. (4) The laying of such counter-memorial before the Minister and the first publication thereof in the Gazette shall take place not later than fourteen days from the third publication in the Gazette of the memorial to which it relates. 268. Notwithstanding sec. 269. Publication of counter-memorial. PART XVII. DIVISION III. Memorials to be similar to petitions addressed to Governor. D.C. Act, 1887, sec. 270. Council may by resolution, with consent of Minister, grant or refuse memorial. D.C. Act, 1887, sec. 271. Provisions of Council's resolution granting memorial. D.C. Act, 1887, sec. 272. 711 of 1898. 497 of 1890. Manufacturing Dis tricts Acts to apply as if resolution of The District Councils Act.-1914. 268. Notwithstanding anything in this Division contained, every memorial and every counter-memorial presented to the Council for any of the purposes in this Division mentioned shall comply, mutatis mutandis, so far as regards the substance thereof, the statements therein, and the persons and number of persons to sign or concur in the same, with the Manufacturing Districts Acts, and any regulations made thereunder, with regard to a petition or memorial to be addressed to the Governor for a similar purpose, so far as the same are applicable. 269. (1) After the second publication as aforesaid of the countermemorial, or, if there is no counter-memorial, then not earlier than one week after the last publication of the memorial as aforesaid, and after the same has been laid before the Minister for one month as aforesaid, the Council may, by resolution approved by the Minister, and published together with such approval in the Gazette, grant or refuse all or some of the benefits sought by the memorial, either with or without any alteration or modification which to the Council appears necessary or expedient. (2) Before granting or refusing as aforesaid the Council may require that the statements in the memorial and counter-memorial, or either of them, shall be substantiated by such proof and within such time as the Council direct, or may appoint some person to inquire into and report upon such memorial and counter-memorial. (3) The Council by its resolution under this section granting benefits sought by the memorial (a) Shall define the boundaries of any Manufacturing District thereby established or altered, and the manufactures, or additional manufactures, which may be carried on therein, or the additional manufactures (if any) which may be carried on in any previously existing Manufacturing District; and (b) May exempt any Manufacturing District from such of the provisions of the Health Act, and any other Act in force relating to public health, and any regulations made thereunder, and also from such of the provisions of this Act or any other Act relating to District Councils, and any by-laws or regulations made thereunder, as the Council think proper. 270. (1) The resolution of the Council, when approved and published as required by section 269, shall have the same effect as a Council were Procla- Proclamation to the like purport made by the Governor under the Manufacturing Districts Acts. mation by Governor. D.C. Act, 1887, sec. 273. (2) The said Acts shall, after such publication, apply to the Manufacturing District to which the resolution relates, and generally, mutatis mutandis, as if such resolution of the Council had been a Proclamation by the Governor under the said Acts. DIVISION The District Councils Act. 1914. DIVISION IV.-ROADS AND STREETS. 271. All streets and roads in a District which come under or are included in any of the following definitions or descriptions shall be public streets or roads: M. C. Act, 1890, 1. All streets and roads delineated and shown on the public s. 107; and D. C. Act, 11. All streets and roads opened by the Council under this III. All streets and roads conveyed or transferred to the Council IV. All streets and roads which have been dedicated to the v. All streets and roads in any township of which there has VI. All streets and roads wherever situate of which there has VII. All streets and roads vested in the Council by orders of the Supreme Court or a Judge thereof, under section 275: VIII. All streets and roads declared by the Council under section 276, by writing under its common seal, and signed by the chairman and the clerk, to be public streets or roads. any Dis Council. D.C. Act, 1887, sec. 276. 272. (1) All public streets and roads now or hereafter existing, Public roads vested in whether heretofore called main roads or district roads, within trict, together with the timber growing thereon, and the bridges thereof, and all public works connected therewith, and all lamps, directionboards, milestones, mileposts, posts, rails, walls, chains, fences, and other things erected thereon, or affixed thereto, shall be vested in and shall be under the care, control, and management of the Council of such District: Provided that nothing in this section shall be deemed to affect the powers and duties conferred and imposed on the South Eastern Drainage Management Board, or any other authority, by "The South Eastern Drainage Act Amendment Act, 1908," with respect to any drainage works within the meaning of that Act. (2) The Governor, on the address of both Houses of Parliament, may, by Proclamation in the Gazette, add to or strike off from the schedule of main roads any road or portion of any road. L-1182 273. All PART XVII. DIVISION IV. Main Road Fund, how applied. D.C. Act, 1887, sec. 275. Powers conferred by the Roads Act, No. 314 of 1884, on Councils vested in Councils under this Act. D.C. Act, 1887, sec. 277. Mode of vesting streets in Councils. Cf. M.C. Act, 1890, s. 111. The District Councils Act.-1914. 273. All moneys received by the Council as a Government contribution towards the construction or maintenance of main roads shall be applied for the purposes for which such moneys are respectively contributed, and all moneys so contributed shall be carried to the account of a fund, to be called "The Main Road Fund." 16 274. All powers, rights, duties, and liabilities conferred and imposed upon or vested in any Council with regard to any roads by the Roads Act, 1884," are by this Act conferred, imposed upon, or vested in every Council with regard to public roads within its District, and all the provisions of the said Roads Act with regard to any Council shall apply to every Council in respect of public roads within its District. 275. (1) The Supreme Court, or a Judge thereof, upon the application of the Council of any District, and upon proof upon oath that any land within such District (a) Has been dedicated to the public by the owner thereof as a street or road, or (b) Has been made, levelled, paved, or drained as a street or road by the Council, and used by the public as such for five years consecutively, may make an order vesting the fee simple of such land in the Council as a street or road. If such land is under the provisions of the Real Property Acts, the Registrar-General, on being served with an office copy of such order, shall enter in the register book the date of such order, the date and hour of its production to him, and the name of the Council in which such order vests the said land, and shall issue a certificate of title to such Council in respect of the said land as a street or road. (2) Notice of any application under this section shall be sufficient if served upon one of several joint tenants or tenants in common, or upon the person, or one of the persons, appearing as the registered proprietor or proprietors of the said land. (3) Upon an affidavit by the clerk that he is unable to ascertain the name of the owner of the land, any application under this section may be made ex parte; and any order obtained ex parte shall be advertised four times in the Government Gazette: Provided that the owner of any land in respect of which an ex parte order under this section is made may, at any time within one year from the date of such order, apply to the Supreme Court, or a Judge thereof, to discharge such order on the ground that it was improperly made; and the discharge, if granted, shall operate as if such order had not been made, and may be registered in manner provided by subsection (1) hereof with respect to a vesting order. 276. If |