The District Councils Act.-1914. is 276. If any street, road, court, alley, thoroughfare, or cul de sac in any District, not being a public street or road at the time of the passing of this Act, has heretofore been or hereafter made, paved, or repaired at the cost of the owner of land abutting thereon, the Council may, by writing under its common seal and signed by the chairman and the clerk, on the request in writing of the owner of such land, declare such street, road, court, alley, thoroughfare, or cul de sac, to be a public street or road. owners. 277. Any street or road in any township the plans whereof Roads in townships have been deposited in the Lands Titles Office, or the General opened at request of Registry Office for Deeds, and which township has been partly or D.C. Amendment wholly sold, may be opened by the Council on the request in writing Act, 1904, sec. 3. of two-thirds in number of the owners of the land adjoining such street or road. 278. No road or street shall hereafter be laid out in any town- Width of new roads ship within a District having a width of less than forty feet. 279. Any private street or road, although less than forty feet wide, may by the owner in fee-simple be conveyed or transferred to and may be accepted by the Council of the District in which the same is situated, and shall upon the acceptance thereof be vested in such Council accordingly, and shall be a public street or road. 280. The Council may and streets. Private roads may be sec. 279. Council may make, repair, drain, light, roads. (a) Make, pave, improve, repair, and alter the levels of streets and fence streets and and roads within the District, and the footways by the sides of such streets and roads; (b) Plant, fence, drain, and light such streets and roads, and mark directions and distances beside them; and (c) Do all such things as pertain to the proper management of streets and roads. D.C. Act, 1887, sec. 280. etc., during alteration 281. (1) The Council during such time as any street, road, or Barriers may be place is under repair or alteration, and during the making and placed across roads, repairing of any bridges or drainage works thereon, may prevent the and repair. passing of carriages, cattle, and beasts of draught or burden by D.C. Act, 1887, causing such fences or barriers to be placed on or across such street, sec. 281. road, or place as the Council or the officer in charge thinks fit. (2) The Council, during such time as any street, road, or place is under repair or alteration, or during the making and repairing of any bridge or drainage work thereon, shall cause such lights as are sufficient to prevent injury to carriages, cattle, beasts, and passengers passing along the said street, road, or place, to be fixed and kept alight throughout the night on such fences and barriers as mentioned in subsection (1) hereof, or if there are no such fences and barriers available for the purpose, then in such other positions as are sufficient for the prevention of such injury. 282. (1) The Council may, for the purpose of constructing or Council may stack repairing any street, or road, cause road metal to be placed or road metal on street. stacked upon the roadway of such street, or road, at a distance of D.C. Amendment not Act, 1904, sec. 45. PART XVII. DIVISION IV. Council may drain water off into adjacent lands. D.C. Amendment Act, 1904, sec. 35. Planting of trees. The District Councils Act.-1914. not less than thirteen clear feet from the centre of such roadway, unless the roadway is too narrow to permit of such distance, in which case the distance shall be not less than ten clear feet from the centre of such roadway. (2) No such metal shall be so placed or stacked as to obstruct any street or private street intersecting the same, or any watertable of any street, or the entrance or approach to any private land. 283. The Council may drain water off district roads into adjacent lands, paying such compensation as is agreed between the Council and the owner or occupier of such lands, or is awarded, in default of such agreement, by a Special Magistrate in a summary way. 284. (1) The Council may plant trees in any street or road D.C. Amendment Act, within the District, and protect the same with tree-guards and supports, but so as not to obstruct the public traffic. 1904, sec. 56. Footways may be paved, and moiety of expense recovered. D.C. Amendment Act, 1904, sec. 21. Owner not to recover from tenant but may charge interest. Interest may be charged against sub-tenant. (2) The consent of the Commissioner of Public Works shall be obtained before trees are planted in any street or road in which water or sewer pipes have been laid by the Government. 285. (1) The Council may cause any footway or part of a footway to be paved or asphalted or kerbed, or both. (2) The Council may pay one moiety of the expense incurred thereby, and the other moiety shall be paid by the owners of the property abutting on the footway or the portion of a footway so paved or asphalted or kerbed, or both, ratably according to the lineal frontage of the premises abutting on such footway or portion. (3) Such last mentioned moiety may be recovered in the same manner as any ordinary rate. (4) Money paid by any owner under this section shall not be recoverable by him from any person being at the time of payment his lessee or tenant of property abutting as aforesaid, any contract or covenant notwithstanding, but such lessee or tenant shall, during the remainder of the tenancy, pay interest at the rate of Five Pounds per centum per annum on the amount of the money so paid by such owner. (5) Such interest shall be paid by the lessee or tenant to such owner at the due dates of the rent under the tenancy, and shall be a debt from the lessee or tenant to the owner, and be recoverable by distress in the same manner as rent. (6) In like manner every tenant or under-tenant liable for the payment of interest under this section shall be entitled to a refund of the amount thereof from his sub-tenant during the remainder of any sub-tenancy, existing at the time of the payment by the owner as mentioned in subsection (4) hereof, in respect of the property abutting as aforesaid, which refund shall be paid by such sub-tenant at the due dates of the rent under the subtenancy, and shall be recoverable as aforesaid. 286. Where The District Councils Act.-1914. PART XVII. DIVISION IV. piers half cost of 286. Where a township or portion of a township is situated Council may recover wholly or partially within a District, and the Council forms or makes from owners or occuany street or streets within the District, and within or adjoining such making streets in or township or portion of a township, the Council may recover one-half adjoining new township. of the cost of forming or making the same, from the several owners or occupiers of the ratable property situated within such township, D.C. Act, 1887, and adjoining such street or streets, and being within the District, ratably according to the frontages of such property abutting on D.C. Amendment such street or streets : Provided that (a) Such cost shall be deemed not to have exceeded the rate of Two Shillings per lineal foot of frontage, and (b) In construing this section the word "street" shall include "portion of a street.” sec. 109. Act, 1904, sec. 3. 287 (1) When any private street, road, court, alley, or right- The owners of properof-way has been laid out within any township in a District, the ties on either side of Council, by writing signed by the chairman or the clerk, may liable to expense of order (a) That any erection or obstruction which contracts the proper width of such street, road, court, alley, or right-of-way, or any part thereof, be removed; and (b) That such street, road, court, alley, or right-of-way, or any part thereof, be levelled, paved, macadamized, drained, or otherwise repaired in such manner as to the Council may appear expedient and within the time stated in such order. (2) If, after service of notice of such order upon the owners of ratable property abutting upon such private street, road, court, alley, or right-of-way, such owners do not, within the time stated in such order free from obstruction, and well and sufficiently level, pave, macadamize, drain, or repair such street, road, court, alley, or right-of-way (as required by such order), the Council may— (a) Execute and complete whatsoever works as aforesaid have not private streets, &c., completion. Cf. M.C. Act, 1890, s. 152. (3) The PART XVII. DIVISION IV Council may number houses in streets. Cf. M.C. Act, 1890, s. 138. Licence to remove timber, stone, &c., from roads. New. Licences for laying pipes and tramways across roads. Leases of roads for Local Government Council may allow adjoining owners to fence in and use unoccupied roads on certain conditions. The District Councils Act.-1914. (3) The order so signed in any such case shall, subject to any adjustment which the Council may consider necessary, be conclusive evidence that the amount thereby ordered to be paid is the fair and reasonable proportion of the expenses mentioned in subdivision (b) of subsection (2) hereof which should be charged against the owner mentioned in such order. (4) The provisions of subsections (4), (5), and (b) of section 285 shall apply wherever moneys have been paid by any owner under this section as if those subsections had been in terms repeated in this section. 288. (1) The Council may assign a number to each house in every public street or road within any township in the District, and may from time to time, whenever they deem it expedient, assign any other number to any such house in lieu of the previously assigned number. (2) The occupier of any house to which a number is assigned under this section shall paint or otherwise mark such number, in figures not less than an inch in height, upon a conspicuous place on the front door of such house, or on the front gate of the premises or such other fixture thereon as is approved by the Council, within fourteen days after notice to that effect, signed by the clerk, has been served on such occupier. (3) Any person failing to comply with the provisions of this section shall be liable to a penalty not exceeding Two Pounds. 289. Subject to any rules or regulations made by the Governor in that behalf, the Council may grant licences to cut and remove timber and bark upon, or to quarry and remove stone, gravel, and sand from, any public roads or reserves within the District. 290. Subject to any rules or regulations made by the Governor in that behalf, the Council may grant licences for the laying of pipes under the surface of any public road for the purpose of allowing owners of land abutting on such road to convey water from land on one side of the road to land on the other side of such road, and for the erection and construction across any public road of tramways, either on the surface of or elevated above such road, for the purpose of the more convenient working of quarries or for other industrial purposes. 291. The Council may grant, for such terms of years and subject to such conditions and reservations as it deems proper, leases or licences of portions of any public roads within the District for military purposes: Provided that nothing in this section shall be deemed to authorise the permanent closing of any public road against traffic otherwise than as provided by this Act. any 292. (1) The Council may let or allow to the owner or occupier of land by the side of and abutting on any road within the District the use and occupation of the surface of such road and the grass The District Councils Act.-1914. grass growing thereon upon such terms as they think fit, and may permit such road to be enclosed with other land by the erection of fences across such road: Provided that (a) Every such fence has a gateway not less than twelve feet in width; and (b) Every gate is at all times properly hung on hinges, or in some other substantial manner, to the satisfaction of the Council, and has the words "Leased Public Road" legibly painted on both sides thereof. (2) No such letting or licence to use or occupy as aforesaid shall be for a longer period than twelve months at any one time. (3) Such letting or licence may be renewed for a like or any less period as often as the Council think fit, and may be determined at any time by giving to such owner or occupier three months' previous notice in writing of such determination. (4) Beyond the erection of such fences and gates as aforesaid, nothing herein contained shall entitle such owner or occupier to prevent the free use of such roads by the public in all respects as if the same were unenclosed. (5) Every person opening any gate erected pursuant to this section shall be liable to a penalty not exceeding Two Pounds if he fails to properly shut and fasten such gate immediately after using the gateway. PART XVII. DIVISION IV. D.C. Act, 1887, sec. 286, and D.C. Amendment Act, 1904, sec. 3, altered. pay rent. altered. (6) Any person who remains in use. or occupation of a road Occupier of unimafter the expiration of the period for which the same was let or proved road liable to licensed to him by the Council under this section, without having D.C. Amendment given to the Council written notice of his intention to terminate Act, 1904, sec. 43, such letting or licence, shall be liable to pay to the Council the same amount as if such letting or licence were not terminated; and so long as any fence or gate, or part thereof, or any other obstruction. placed by any person across or on a road remains there, such person shall, for the purposes of this section, be deemed to remain in use or occupation of such road, notwithstanding the giving of notice as aforesaid. 293. (1) The Council may cause or permit vermin-proof fences, with gates hung to the satisfaction of the Council, to be erected and maintained across any road in any portion of the District which is infested by vermin, and where the Council consider this to be necessary for the destruction of such vermin. (2) Nothing herein contained shall entitle the Council to prevent the free use of such roads by the public in all respects as if the same were unfenced. (3) Every person opening any such gate, or finding the same open, shall be liable to a penalty not exceeding Two Pounds if he fails to forthwith properly shut and fasten such gate immediately after using the gateway. 294. The Vermin-proof fences Act, 1904, sec. 40. |