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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 Munici-
pality, dividing such land into allotments or other-
wise, 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 per-
manent 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.

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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.

Assessment of pastoral 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.

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 substituting the word "five" for the words "two and a half" in the last line but one thereof.

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

The Municipal Corporations Act Amendment Act.-1914.

(2) The Supreme Court shall deal with such special case according to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to the costs of the proceedings in that Court and in the Court below, as to the Supreme Court appears just.

(3) The Supreme Court may send the special case back for amendment, or may itself amend the same.

(4) The Local Court shall make an order in respect of the matters referred to the Supreme Court, in conformity with the certificate of the Supreme Court or a Judge thereof.

23. Section 238 of the principal Act is amended

Amendment of section 238.

1. by inserting the words "and Sixpence" after the word Increase of
Shilling" in the sixth line thereof; and

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11. by adding at the end thereof the following new subdivision,
namely:-

If "The Fire Brigades Act, 1913," does not apply in the
Municipality, a rate, not exceeding Threepence in the Pound
in any one year, to defray the cost of the upkeep of any
volunteer fire brigade which is registered under that Act.

maximum for general rate and power to levy fire brigade rate.

balance of rates may

24. (1) Where the moneys collected in respect of a rate declared How unexpended by a Council for general purposes are not wholly expended during be used. the year for which such rate was declared, the unexpended balance of such moneys may be expended by such Council after such year for the general purposes of the principal Act and the Acts incorporated therewith.

(2) Subject to any express provision to the contrary contained in any Act incorporated herewith or in any other Act, when the moneys collected in respect of a rate declared by a Council for any specific purpose are not wholly expended upon such purpose during the year for which such rate was declared, the unexpended balance of such moneys may be expended by such Council after such year for the said purpose, or for the general purposes of the principal Act and the Acts incorporated therewith.

(3) In this section the term "year" means financial year of the Council.

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25. The following amendments are made in the principal Act Amendment of and "The Municipal Corporations Amendment Act 1903,' sections of principal Act and Act No. 833 namely:of 1903 as to debentures to secure loans.

(1) Section 272 of the principal Act is amended by adding thereto the following provision

Notwithstanding anything in this Act, in case, by the accumulation of the proceeds of such special or separate rate and the interest thereon, a sum sufficient to discharge such

The Municipal Corporations Act Amendment Act.-1914.

such loan is obtained before the discharge thereof is due, the Council may, with the approval of the Minister and upon investing such sum in a manner to be approved by him (if not already so invested), discontinue the levying of such rate: Provided that

1. If, by any means, the investments of such sum (with the interest thereon added thereto), afterwards become insufficient for the discharge of such loan, the Minister may, and if thereunto required by any of the debenture holders shall, by notice in writing to the Council, require it to resume the levying of such rate for the period mentioned in such notice, and the Council shall levy the rate as so required:

11. Upon the appointment, on the application of any of the debenture or coupon holders, of a receiver under section 280, such rate shall, notwithstanding that the levying thereof has been discontinued under the foregoing provisions of this section and without the need of any requisition by the Minister, again be levied; and such receiver shall have the same powers in respect thereof as if the levying thereof had not been discontinued.

(2) Section 273 of the principal Act is amended by substituting, for the word "and" in the third line thereof, the following passage:

66

or, if the principal, with interest thereon, is repayable by periodical instalments, then to the payment of such instalments, and, in either case,"

(3) Section 274 of the principal Act is amended

(a) by inserting, after the word "shall" in the first line of
subsection (3) thereof, the words "except in such
cases as mentioned in subsection (4) hereof":
(b) by adding, at the end of the section, the following

subsection:

(4) In case the principal of any money borrowed under this section, with interest thereon, is made repayable by periodical instalments, the Council shall, from time to time and in the first instance, appropriate to the payment of such instalments such amounts of the rates on which such money has been borrowed as may be necessary for that purpose.

(4) Section 275 of the principal Act is amended so as to read as follows:

275. (1) The debentures to be issued by the Council shall be under the corporate seal, and shall be in the form given in the Eighth Schedule hereto, subject to

such

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