Municipal Corporations Act 1908
Municipal Corporations Act 1908
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Municipal Corporations Act 1908
Municipal Corporations Act 1908
Public Act |
1908 No 124 |
|
Date of assent |
4 August 1908 |
|
Contents
An Act to consolidate certain Enactments of the General Assembly relating to Municipal Corporations.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
(1.)
The Short Title of this Act is “The Municipal Corporations Act, 1908.”
Enactments consolidated
(2.)
This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply, but without limiting or affecting any specific saving provision herein contained:—
Savings.
(a.)
All boroughs and cities constituted under any such enactment, and subsisting on the coming into operation of this Act, shall be deemed to be constituted under this Act.
(b.)
The Mayor and Councillors then in office in each such borough or city shall remain in office until their respective successors are elected under this Act and come into office.
(c.)
Until the first election of Councillors under this Act the number of Councillors fixed by any law in force immediately before the coming into operation of this Act for each such borough or city, and the respective wards thereof respectively, shall remain unaltered.
(d.)
All streets, private streets, and private ways lawfully existing in any borough on the coming into operation of this Act shall be deemed to be the same streets, private streets, and private ways under this Act.
(e.)
All Proclamations, Orders in Council, orders, regulations, by-laws, offices, appointments, resolutions, lists, rolls, rate-books, registers, registrations, records, documents, and generally all acts of authority which originated under any such enactment, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.
(f.)
All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
(3.)
This Act is divided into Divisions, as follows:—
DIVISION I.—Constitution of Boroughs. (Sections 3 to 5.)
DIVISION II.—The Executive. (Sections 6 to 71.)
DIVISION III.—Finance. (Sections 72 to 115.)
DIVISION IV.—Alterations in Districts. (Sections 116 to 130.)
DIVISION V.—General Powers of the Council. (Sections 131 to 151.)
DIVISION VI.—Particular Powers of the Council. (Sections 152 to 325.)
DIVISION VII.—Private Works. (Sections 326 to 332.)
DIVISION VIII.—Subsidiary and Incidental Provisions. (Sections 333 to 373.)
2 Interpretation.
1900, No. 50. sec. 3 1902, No. 59, sec. 2
(1.)
In this Act, and in every by-law made thereunder, if not inconsistent with the context,—
“Act” includes Provincial Ordinance:
“Audit Office” has the same meaning as in “The Public Revenues Act, 1908”
:
“Borough” means a borough constituted under this Act, or thereby deemed to be so constituted, and includes a city:
“Borough Council” means the Council of a borough as defined, and includes a City Council:
“Clerk” or “Town Clerk” means the Town Clerk of the Council of a borough as defined, and includes any person for the time being appointed by such Council to perform the duties of Town Clerk thereto;
“Corporation” means the Corporation of a borough as defined:
“Council” means the Council of a borough as defined:
“Councillor” means a member of the Council as defined:
“District” means a borough as defined:
“District electors roll” means the roll made under this Act containing names of electors as defined:
“Divided borough” means a borough as defined divided into wards:
“Election” and “elected” mean an election, or refer to a person elected, under the provisions of this Act:
“Electors” means persons qualified to vote at any elections under this Act:
“Extraordinary vacancy” means a vacancy arising from death, resignation, incapacity, ouster of office, or otherwise, on a day and in a manner not fixed by this Act:
“Inspector of Nuisances” means the Inspector appointed under this Act, and includes any person for the time being appointed by the Council to perform the duties of such office:
“Land” includes messuages, tenements, hereditaments, houses, and buildings, unless there are words to exclude houses and buildings or to restrict the meaning to tenements of some particular tenure:
“Occupier” means the inhabitant occupier of any property:
“Order in Council” means an order made by the Governor in Council:
“Ordinary vacancy” in any office means a vacancy occurring on a day and in a manner fixed by this Act:
“Owner” of any property means the person for the time being entitled to receive the rack-rent thereof, or who would be so entitled if the same were let to a tenant at a rack-rent:
“Person” includes a body of persons, whether incorporate or unincorporate:
“Prescribed” means prescribed by this Act or by any regulation or by-law made under its authority:
“Property” includes all real estate, and all personal estate, chattels, and effects, and all moneys and rates, whether in possession or reversion or recoverable by action or other legal proceeding, and the benefit of any contract or engagement, and every matter or thing the subject of property:
“Public notice,” or “published,” or “publicly notified” means a notice published in some newspaper in general circulation in the borough, or by printed or written placards containing the notice affixed to public places in the borough: In cases where any document is concerned, it shall be sufficient if the notice (whether published in a newspaper or affixed as aforesaid) sets forth the object, purport, or general effect of such document:
“Public work” includes any public work as defined by “The Public Works Act, 1908”
:
“Rateable value” means rateable value as defined by “The Rating Act, 1908”
:
“Rate-book” means the rate-book under the provisions of the ’astmentioned Act:
“Ratepayer” means a person whose name appears for the time being in the “Occupiers”
column in the rate-book:
“Subdivision” includes a ward and any defined portion of a borough for which a poll is to be taken:
“Surveyor” means the Surveyor appointed under this Act by a Borough Council, and includes any person for the time being appointed by such Council to perform the duties of Surveyor thereto:
“This Act” includes all by-laws and regulations made under this Act:
“Treasurer” means a Treasurer appointed under this Act, and includes any person for the time being appointed by the Council to perform the duties of such office:
“Undivided borough” means a borough as defined not divided into wards:
“Valuation list” and “valuation roll” mean respectively the valuation list and the valuation roll made under the provisions of “The Rating Act, 1908”:
“Ward” means a ward of a borough as defined.
Schedules deemed part of Act.
(2.)
Every Schedule to this Act or to any regulation or by-law made thereunder shall be deemed to form part of such Act, regulation, or by-law, as the case may be.
Distances.
(3.)
The distances mentioned in this Act or any such regulation or by-law shall be measured in a straight line on a horizontal plane, and may be determined by the record map in the District Survey Office.
References to persons, places, or things.
(4.)
Words referring to any locality, district, place, body, Corporation, society, officer, office, functionary, person, party, or thing shall be construed distributively as referring to each locality, district, place, Corporation, society, officer, office, functionary, person, party, or thing to whom or to which the provision is applicable.
Common name.
(5.)
The name commonly applied to any locality, district, place, body, Corporation, society, officer, office, functionary, person, party, or thing means such locality, district, place, body, Corporation, society, officer, office, functionary, person, party, or thing, although such name is not the formal and extended designation thereof.
Variation of forms.
(6.)
Whenever forms arc prescribed, slight deviations therefrom, but to the same effect and not calculated to mislead, shall not vitiate them.
DIVISION I CONSTITUTION OF BOROUGHS
Part I BOROUGHS
3 Boroughs.
1900, No. 50, sec. 5
With respect to the constitution of boroughs the following provisions shall apply:—
(a.)
Every borough existing on the coming into operation of this Act is hereby constituted a borough under this Act. For convenience of reference, a list of such existing boroughs is given in Part I of the Second Schedule hereto, but any omission from or inaccuracy in such list shall have no legal effect.
(b.)
The boroughs specified in Part II of the said Second Schedule are declared to be cities under this Act.
(c.)
Any part of New Zealand comprising in a continuous area not more than nine square miles, and having no points distant more than six miles from one another, and having a population of not less than one thousand, may be constituted a borough in manner provided by this Act.
(d.)
A borough shall be deemed not to form any part of a county for the purposes of this Act, though situate within the boundaries of a county.
Wards of boroughs.
(e.)
A borough may, subject to the provisions of this Act, be either undivided or divided into not more than five wards.
(f.)
Every ward of a borough constituted under section one hundred and seventeen hereof shall contain a population of not less than one thousand.
(g.)
The wards of boroughs existing on the corning into operation of this Act are hereby declared to be wards under this Act.
Part II INCORPORATION OF BOROUGHS
4 Incorporation.
1900, No. 50, sec. 6
(1.)
The inhabitants of every borough shall, under the name of “the Mayor, Councillors, and Burgesses”
of the borough, be a body corporate, with perpetual succession ’and a common seal, with power by special order to alter and change such seal; and shall, for the purposes and subject to the provisions of this Act, be capable of purchasing, holding, disposing of, and alienating real and personal property, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.
Cities. Ibid, sec. 7
(2.)
In the case of cities the words “Citizens”
and “City”
shall be substituted for “Burgesses”
and “Borough”
respectively in the corporate name.
5 Continuance of boroughs.
Ibid, sec. 8
(1.)
The Corporation of each city and borough as subsisting on the coming into operation of this Act shall be the same Corporation under this Act, and shall continue to have its existing name and common seal, and shall retain its property and liabilities, and all existing contracts and engagements of such Corporation shall be enforceable by and against it.
(2.)
Such Corporation, or the Council thereof, shall continue to have control over all public reserves, cemeteries, public buildings, and other property previously controlled by it or its Council.
(3.)
The powers contained in sections five to nine of “The Cemeteries Act, 1908,”
are hereby vested in the Councils of the respective boroughs, as far as refers to cemeteries situate within such boroughs.
DIVISION II THE EXECUTIVE
Part III ELECTORS, ELECTIONS, AND POLLS
District Electors List and Roll
6 District electors list
Ibid, sec. 13 1902, No. 59, secs. 3, 4 Qualifications.
(1.)
On or before the fifth day of March in every year in which a general election of the Council is to be held, the Town Clerk of the borough shall, in the prescribed manner and form, make out a list, to be called “the district electors list,”
setting forth separately for each undivided borough, or ward of a divided borough, the name, occupation, and address of every person, male or female, of the full age of twenty-one years, who possesses any one of the following qualifications, that is to say:—
Freehold.
(a.)
A freehold qualification, meaning thereby that he is the beneficial and duly registered owner of a freehold estate in land of the capital value of not less than twenty-five pounds in the ward or undivided borough to which the list relates, whether subject to incumbrances or not, and notwithstanding that any other person is the occupier thereof or of any part thereof under any tenancy:
Rating.
(b.)
A rating qualification, meaning thereby that he is the person whose name appears for the time being in the “Occupiers”
column in the valuation roll in respect of any rateable property in the ward, or undivided borough to which the list relates:
Provided that in the case of transfers of property the valuation roll may be corrected at any time:
Residential.
(c.)
A residential qualification, meaning thereby that he is, and for at least three months then last past has been, in occupation as tenant or subtenant, or as one of several tenants or subtenants holding in joint tenancy or tenancy in common, of the whole or any portion of any house, warehouse, office, shop, or other building in the ward or undivided borough to which the list relates, under a tenancy the rent under which is at the rate of not less than ten pounds per year for the tenant or subtenant (or, as the case may be, for each of the several tenants or subtenants):
Provided that where any tenant or subtenant sublets the whole or any portion of his premises, the rent payable by him shall, for the purposes of this paragraph, be deemed reduced by the rent payable to him by his subtenant.
(2.)
In the case of husband and wife, any qualification possessed by either of them shall be deemed to be possessed by each of them.
(3.)
It shall be the duty of the Clerk to enter on the district electors list the name of every person who, to the Clerk’s knowledge, possesses any qualification entitling him to be entered thereon, or who in the prescribed form makes claim to be entered thereon.
7 District electors rolls.
1900, No. 50, sec. 14
(1.)
The district electors list of each borough or ward shall be corrected, completed, and authenticated in the prescribed manner and time, and thereupon shall become the district electors roll of such borough or ward, and shall remain in force until another district electors roll comes into force for the same borough or ward.
Supplementary roll. 1902, No. 59, sec 3
(2.)
All corrections and additions required to be made after the completion of the district electors roll shall be made on a supplementary district electors list, which shall be corrected, completed, and authenticated in the same manner as in the case of the district electors roll, and thereupon shall become a supplementary district electors roll, and shall form part of the district electors roll.
8 Case of land situate only partly in a ward.
1900, No. 50, sec. 15
In case the property in respect whereof the freehold or rating qualification is possessed is situate partly in one ward and partly in another ward of the same borough, such property shall, for the purposes of this Part of this Act, be deemed to be situate wholly within the ward in which the greater part thereof is situate; and the qualification in respect thereof shall appertain to such ward alone.
9 No person to appear twico on list.
Ibid, sec. 16
(1.)
The name of any person shall not appear more than once on the district electors list or district electors roll of an undivided borough or of any ward.
1903, No. 41, sec. 2
(2.)
Where a person has a rating and another qualification his name shall be entered on the district electors list and roll in respect of his rating qualification.
1900, No. 50, sec. 16
(3.)
A person having both freehold and residential qualifications may select the qualification in respect of which he is to be entered.
Elector not to be entered for more than one ward.
(4.)
In the case of a divided borough the name of any person shall not appear on the district electors list or roll for more than one ward:
Provided that a person having qualifications in more than one ward may select the ward for which he is to be entered.
(5.)
In default of a selection being made under subsection three or subsection four of this section the Town Clerk may select the qualification or ward.
10 Objections to district electors List or roll.
1900, No. 50, sec. 17
(1.)
Any person may, at and in the prescribed time, manner, and form, lodge with the Council an objection in writing under his hand to the district electors list or the district electors roll on either of the following grounds:—
(a.)
That any person whose name is on the said list or roll in respect of any qualification does not possess such qualification at the time when the objection is lodged:
(b.)
That any person whose name is not on the said list or roll possesses the necessary qualification at the time when the objection is lodged, and is entitled to have his name inserted.
(2.)
The Council shall forthwith after receipt of any such objection inquire into and dispose of the same.
11 Council may amend List or roll.
Ibid, sec. 18
(1.)
The Council shall from time to time, upon any objection as aforesaid or of its own motion, amend the district electors list or roll for its district, and for every subdivision thereof, by adding to such list or roll the name of any person who then in fact possesses the necessary qualification but is not entered thereon, and by erasing therefrom the name of any person who does not then in fact possess the necessary qualification but is entered thereon.
(2.)
The Council shall also from time to time make in the district electors list or roll any necessary corrections in the statement of the names, addresses, and qualifications of persons enrolled thereon.
(3.)
The functions by this section conferred upon the Council shall be exercised by the Clerk when the Council is not actually sitting.
(4.)
In particular, but without affecting the general operation of the preceding subsections of this section, the Council shall hold a sitting on the fourth Wednesday in March in each year, and at that sitting, or any adjournment thereof, shall amend the district electors roll by adding or erasing names and making all necessary corrections as hereinbefore provided, to the intent that as far as may be the roll may correctly set forth the name, address, and occupation of every person then possessing the requisite qualification, and of no other person.
12 Corrections in descriptions.
Ibid, sec. 19
(1.)
Any person aggrieved by any decision or act of the Council or of the Clerk touching the district electors list or roll may, in the prescribed manner and within the prescribed time, appeal therefrom to a Magistrate, who shall hear and determine the appeal, and may order such alterations in and additions to the list or roll to be made as he thinks just.
(2.)
All such alterations and additions shall be made by the Town Clerk and initialled by the Magistrate.
13 Roll to be closed.
Ibid, sec. 20
(1.)
The district electors roll shall be deemed to be closed at five o’clock in the afternoon of the fourteenth day preceding the day appointed for any election or poll, and shall continue closed until the election is completed or the poll taken.
Roll may be altered except when closed.
(2.)
Except pursuant to appeal under section twelve hereof, in cases where the appeal was pending at the time when the roll was closed, no alteration or addition shall be made in or to the district electors roll for any district or subdivision whilst it is closed as aforesaid.
14 Combined roll.
1900, No. 50, sec. 21 1902, No. 59, sec. 5 1903. No. 41, secs. 7. 8
(1.)
For the election of Mayor of a divided borough, or for taking any poll on any proposal that under this or any other Act is to be submitted to the votes of all or some only of the electors or ratepayers of the whole of a divided borough, or to some only of the electors or ratepayers of an undivided borough, the Town Clerk shall prepare from the district electors roll or rolls a roll comprising all the electors or ratepayers entitled to vote at such election or poll, but so that no person’s name shall appear more than once on such roll:
Provided that for the purposes of any election or proposal to be submitted to all the electors or ratepayers of a divided borough, the rolls of the several wards shall together be the roll required by this section.
(2.)
Such roll shall be prepared, corrected, completed, and authenticated in the prescribed time, manner, and form.
15 Electors, and voting.
1900, No. 50, sec. 22
(1.)
Every person whose name appears on the district electors roll for the time being in force for any borough or ward shall be an elector for the purposes of this Act, and shall be entitled to vote—
(a.)
At every poll taken for any election under this Act with respect to such borough or ward; and also
(b.)
At every poll taken on any proposal that under this Act or any other Act is submitted to the votes of the electors or ratepayers of such borough or any part thereof:
Provided that if his qualification is residential he shall not be entitled to vote at the poll taken on any proposal relating to loans or rates.
(2.)
Every elector shall have one vote and no more at each poll at which he is entitled to vote.
16 Majority required to carry proposal.
Ibid, sec. 23
The majority required to determine any such election or carry any such proposal shall be a majority of the valid votes cast at the poll.
ELECTIONS AND POLLS
17 Elections to be held under the Local Elections anil Polls Act.
Ibid, secs. 24. 33
(1.)
All elections under this Act, and all polls taken on any proposals that under this Act or any other Act are submitted to the votes of the electors or ratepayers of the borough, or of any ward or other defined portion thereof, shall, subject to the provisions of this Act, be held and conducted under the provisions in that behalf of “The Local Elections and Polls Act, 1908,”
which Act shall accordingly, subject as aforesaid, be deemed to be incorporated with this Act.
(2.)
For the purposes of this section the provisions of the said Act shall, so subject, extend and apply to the case of the elections and polls, and to all persons having any rights, duties, or powers, or committing any offences in connection therewith, and shall authorise the appointment of persons and places in connection therewith.
Loans. 1900, No. 50, sec. 3
(3.)
Provided that nothing herein shall affect the provisions of “The Local Bodies’ Loans Act, 1908”
; and all proceedings for the raising of loans in the borough shall be taken under that Act and not under this Act.
(4.)
Provided also that with respect to “The Local Bodies’ Loans Act, 1901,”
and “The Municipal Corporations Act, 1900,”
no proceedings taken for the raising of any loan prior to the twenty-ninth day of October, one thousand nine hundred and six (being the date of the coming into operation of “The Municipal Corporations Amendment Act, 1906”
), shall be deemed to be invalid merely on the ground that the proposal was submitted under the one Act instead of under the other.
18 Place of nomination.
1900, No. 50. sec. 25
In the case of a divided borough the public office of the Council may be appointed the place of nomination for any ward or wards thereof.
19 Candidates to deposit a Sum of money.
Ibid, sec. 20
(1.)
Every candidate for the office of Mayor or Councillor shall at the time of nomination deposit with the Returning Officer the sum of ten pounds in the case of the Mayor and three pounds in the case of the Councillor.
(2.)
If the candidate does not poll one-eighth of the votes polled by the successful candidate, or, as the case may be, by the successful candidate polling the fewest votes, the deposit shall be forfeited to the District Fund, but otherwise, or if such candidate is elected without a poll, it shall be returned to him.
20 Polling-booths.
Ibid. sec. 27
(1.)
In the case of a divided borough the inhabitants whereof are more than three thousand there shall be at least one polling-place in each ward.
(2.)
In the case of an undivided borough, or any defined portion thereof for voting purposes, the number of polling-places shall be in the proportion of not less than one polling-place for every two thousand electors entitled to vote.
21 Public office of Council deemed within the borough for election purpose.
Ibid, sec. 28
Where the public office of the Council is situate outside the borough it shall, for all purposes connected with any election or poll had or taken under this Act, be deemed to be within the borough or any subdivision to which such election or poll relates:
Provided that where such public office is used under this section as a polling-booth the number of polling-booths otherwise required by law shall be appointed within the said borough or subdivision.
22 Duration of poll.
Ibid, sec. 29
The poll shall commence at nine o’clock in the forenoon of the day appointed for the same, and shall close at seven o’clock in the afternoon of the same day.
Disputed Elections
23 In disputed election Magistrate to hold inquiry.
Ibid, sec. 31
If, within fourteen days after the Returning Officer has declared any candidate or candidates to be duly elected under this Act, any candidate and two electors, or any six electors, make and sign before a Justice a petition in the form numbered (1) in the Third Schedule to “The Local Elections and Polls Act, 1908,”
alleging the specific grounds on which the petitioners rely, and file the same in any Magistrate’s Court office in the ward or undivided borough with respect to which such election took place, or if there is no such office therein, then in the Magistrate’s Court office nearest thereto (and, as regards any ward, whether in its borough or not), the Magistrate exercising jurisdiction in such Court shall hold an inquiry as to the matter alleged in such petition, and upon due hearing of the case may declare such election, or the election of any candidate thereat, to be void, and may declare any other candidate to be duly elected, subject to the conditions set forth in such Act.
24 Certain irregularities not to defeat election.
1900, No. 50, sec. 32
No election or poll under this Act shall be questioned by reason only of any defect in the. title, or any want of title, of any person performing an official act in connection with such election or poll, if such person has been actually appointed or has been acting in the office giving the right to perform such act.
Part IV MAYOR
25 Election of Mayor.
Ibid, sec. 34 1903, No. 41, sec. 5
(1.)
There shall be a Mayor of every borough, who shall be elected by all the electors of the district upon the last Wednesday in April in every year.
(2.)
The Mayor so elected shall come into office on the first Wednesday in May following his election, and shall continue in office until his successor comes into office.
(3.)
Any person qualified to be and not incapable of being a Councillor may be elected to be Mayor.
(4.)
The Mayor shall be a Councillor by virtue of his office.
(5.)
If a Councillor is elected to be Mayor, his office as an elected Councillor shall be thereby vacated.
(6.)
Such vacancy shall be deemed an extraordinary vacancy.
26 Vacancy in office of Mayor.
1900, No. 50, sec. 35
(1.)
The Mayor may resign his office by writing under his hand delivered to the Town Clerk, and in such case, or in case of the death, incapacity, or ouster from office of the Mayor, his office shall become vacant, and the Council shall forthwith proceed to elect another Mayor in his stead, who shall hold office until the Mayor elected at the next annual election comes into office.
(2.)
The Town Clerk shall forthwith upon such vacancy occurring call a special meeting of the Council for making such election thereto, but no such resolution or requisition as mentioned in section sixty-four hereof shall be necessary.
27 Declaration of Mayor.
Ibid, sec. 36
The-Mayor, before entering upon his office, shall make and sign in the presence of the Council a declaration in the form in the Third Schedule hereto. Such declaration shall be attested by a Councillor and the Town Clerk.
28 Mayor to be Justice.
Ibid, sec. 37
The Mayor, not being the holder of a publican’s or accommodation license, shall be a Justice of the Peace during the time he holds such office of Mayor.
29 Notice of election to Minister of Internal Affairs.
Ibid, sec. 38
The Town Clerk shall, upon every election of a Mayor, forth-with give notice to the Minister of Internal Affairs of the result thereof.
30 Mayor’s allowance.
Ibid, sec. 39
(1.)
The Mayor may be paid such annual allowance, not exceeding four hundred pounds, out of the District Fund as the Council from time to time fixes, but no alteration in the amount of such allowance shall take effect during the term of office of any Mayor.
(2.)
For the purposes of this section a person re-elected as Mayor shall be considered a new Mayor.
31 Deputy Mayor.
Ibid, sec. 40
Where the Mayor is absent from the borough, or at any meeting of the Council announces his intention to be so absent, or is ill, the Council may, if it thinks fit, appoint one of its members to act as Deputy Mayor during the time of such absence or illness, who during such time, and until the Mayor returns to the borough or notifies the Town Clerk in writing under his hand of the fact of his recovery from illness (but within the term of office of such Mayor), may do all acts that the Mayor as such might do except act as a Justice of the Peace, unless such Deputy is himself a Justice.
32 Evidence of appointment of Deputy Mayor.
1900, No. 50, sec.41
A minute made and authenticated in the prescribed manner of the appointment of any person as a Deputy Mayor shall, as regards all persons having any business with the Council or with the Corporation, and acting in good faith, be deemed conclusive evidence of the validity of the appointment of such person as Deputy Mayor, and of his continued authority to act as such, and shall relieve all persons having business as aforesaid from the necessity of making any inquiries in the matter.
Part V CONSTITUTION AND AUTHORITY OF COUNCIL.
Capcity of Council
33 Council.
Ibid, sec. 42
There shall be a Council for every borough. Such Council may be described as “The [Name of borough] Borough Council”
or “The [Name of city] City Council.”
34 Corporation to act by Council.
Ibid, sec. 43
The Corporation of a borough shall be capable of acting by the Council of such borough, and such Council shall exercise all the powers vested by this Act or otherwise in the Corporation it represents.
35 List of Acts affecting boroughs.
Ibid, sec. 44
For convenience of reference, a list of the principal Acts that affect boroughs is given in the Fourth Schedule hereto:
Provided that the omission of any Act affecting boroughs from such list shall have no legal effect.
Joint Action by Several Councils
36 Councils may unite in joint works.
Ibid, sec. 45 1906, No.56, sec. 13(a)
Borough Councils may unite with other Borough Councils or with any other local authorities in the execution and maintenance of any works, or the performance of any matter or thing, deemed by all the local authorities concerned to be of benefit to their respective districts, and may agree as to the joint control or management of anything that concerns in any way such respective districts, or as to the control or management by one or more of such local authorities of any such thing.
37 Joint contracts.
1900, No 50. sec. 46
For any such purpose such local authorities may, in manner prescribed in Part XVIII of this Act, enter into contracts between themselves, and into contracts between themselves or some or one of them on behalf of all of them on the one hand, and any other Corporation or person on the other hand, and generally may join in any act.
38 Regulations as to joint contracts.
Ibid, sec. 47
The Governor may from time to time make regulations prescribing the manner in which local authorities may unite in any joint act.
Qualification and Election of Councillors
39 Number of Councillors.
Ibid, sec. 48 1908, No. 41, sec. 3
(1.)
The Council shall consist,—
(a.)
In the case of a borough (whether divided or undivided) where the population does not exceed thirty thousand, of not less than six nor more than twelve Councillors, exclusive of the Mayor:
(b.)
In the case of a borough (whether divided or undivided where the population exceeds thirty thousand, of not less than twelve nor more than twenty-one Councillors, exclusive of the Mayor.
(2.)
The Governor shall, in the prescribed time and manner, fix the number of Councillors for each undivided borough and for each ward:
Provided that there shall be at least one Councillor for each ward.
(3.)
In so fixing the number of Councillors for the respective wards the Governor shall have regard to the population thereof respectively.
40 Election of Councillors.
1900, No. 50, sec. 49
(1.)
Members of the Council of an undivided borough shall be elected, in manner provided in Part 111 hereof, by the electors of the borough.
(2.)
In the case of divided boroughs the members to represent the respective wards shall in like manner be elected by the electors of such wards respectively.
41 Qualification of Councillors.
1903, No. 41, sec. 9
Subject to the next succeeding section, every elector shall be qualified to be elected as a member of the Council, and, in the case of a divided borough, as the representative of any ward thereof.
42 Disqualification as Councillors.
1900, No. 50, sec. 51
The following persons shall be incapable of being elected to be or of being Councillors or Mayors, that is to say:—
(a.)
Any person not having the qualification prescribed by the last preceding section:
(b.)
Any person disqualified from holding the office of Mayor or Councillor under any Act:
(c.)
An alien:
(d.)
A lunatic or a person of unsound mind:
(e.)
Any person attainted or convicted of any treason or of any offence punishable by imprisonment for one year or upwards within any part of His Majesty’s dominions, or convicted in New Zealand as a public defaulter, or under “The Police Offences Act, 1908,”
as an idle and disorderly person, or as a rogue and vagabond, unless such person has received a free pardon or has undergone the sentence or imprisonment to which he was adjudged for such offence:
(f.)
A bankrupt who has not obtained his final order of discharge:
(g.)
Any person holding any office or place of profit, other than that of Mayor or Deputy Mayor, under or in the gift of the Council:
(h.)
Any person concerned or participating (other than as a shareholder in an incorporated company or in an association or partnership consisting of more than twenty persons) in any contract with or work to be done or the supply of goods for the Council, if the payment of such contract, or work, or supply exceeds five pounds for any one contract, or work, or supply, or ten pounds altogether in any year if more than one contract, or work, or supply:
Provided that the leasing of land to or from the Corporation, or the lending of money to such Corporation by the purchase of its debentures for any duly authorised special loan, shall not constitute a disqualification under this paragraph.
43 Vacancy on disqualification.
1900, No. 50, sec. 52 1903, No. 41, sec. 6
(1.)
If any person, while holding office as Councillor or Mayor, becomes incapable under the last preceding section, his office shall be thereby vacated, and such vacancy shall be deemed an extraordinary vacancy.
Acting unlawfully as Councillor.
(2.)
If any person docs any act as a Councillor or Mayor, being incapacitated under the last preceding section except under paragraph (d) thereof, or before he has made and subscribed the declaration hereinafter mentioned, he is liable to a fine not exceeding fifty pounds for every such offence:
Provided that the act of taking or attesting the declaration of any Councillor or Mayor, required by section twenty-seven or by section forty-five hereof, shall not be deemed to be an act as a Councillor or Mayor within the meaning of this subsection.
(3.)
Any act done by a person so incapacitated before the recovery of the fine shall be as valid as though he had not been under any such incapacity.
(4.)
It shall be the duty of the Audit Office to institute proceedings under this section.
(5.)
All fines recovered under this section by the Audit Office shall be paid into the Public Account and form part of the Consolidated Fund.
44 Payment to interested Councillor unlawful.
1900, No. 50, sec. 53
It shall be unlawful for the Council to pay, directly or in directly, to or for the benefit of any member of the Council so concerned or participating in any contract, work, or supply mentioned in paragraph (h) of section forty-two hereof as to be incapacitated under that paragraph, any sum of money under such contract or for such work or supply, or in respect of such contract or any subject-matter thereof or of such work or supply.
45 Declaration of Councillor.
Ibid, sec. 54
No person shall be capable of acting as Councillor until he has made and signed in the presence of the Mayor, or any Councillor and the Town Clerk, a declaration in the form in the Third Schedule hereto.
46 Duration of office of Councillor.
Ibid, sec. 55
(1.)
Every Councillor shall come into office on the day of his election.
(2.)
A Councillor elected to fill an extraordinary vacancy shall hold office only so long as the Councillor whose seat became so vacant would have held office if such extraordinary vacancy had not occurred.
47 Resignations.
Vacancies. Ibid, sec. 56
Any Councillor may resign his office by writing under his hand delivered to the Mayor or Clerk; and in such case, or in ease of his death, incapacity, or ouster from office, or his absence without the leave of the Council from four consecutive ordinary meetings thereof, his office shall become vacant, and such vacancy shall be deemed to be an extraordinary vacancy.
48 First elections.
Ibid, sec. 57 Biennial general elections.
The first general election of the whole of the members of every Council shall be held on the last Wednesday in April, one thousand nine hundred and nine; and on the same day in every succeeding second year thereafter all the members of every Council shall go out of office, and on every such day a fresh general election of members thereof shall be held.
49 Councillors to remain in office until their successors take office.
Ibid, sec. 58
Where from any cause a general election is not held on the day appointed as aforesaid, the existing Councillors shall continue in office until their successors are elected and come into office.
50 When candidate’s nomination void.
Ibid, sec. 59
If any candidate consents to be nominated for more than one ward at any election his nomination shall in every case be void.
Part VI COMMITTEES
51 Council may appoint standing or special committees.
1900, No. 50, sec. 60
The Council may from time to time appoint standing or special committees, consisting either of members of the Council or non-members, or of persons selected from members and non-members, and may relegate to such committees any matters for consideration, or inquiry, or management, or regulation; and may delegate to any such committee any of the powers and duties by this Act conferred or imposed upon the Council, except the powers to borrow money, make a rate, make a by-law, or execute a deed or contract, or institute an action.
1903, No. 41, sec. 5
Provided that the appointment of members of committees shall not be made at any time after the election of a new Mayor until such new Mayor has taken office.
52 Committee may exercise delegated powers.
1900, No. 50, sec. 61
Every committee to whom any powers or duties are delegated as aforesaid may, without confirmation by the Council, exercise or perform the same in like manner and with the same effect as the Council could itself have exercised or performed the same.
53 Committee subject to Council’s directions.
Ibid, sec. 62
Every such committee shall be subject in all things to the control of the Council, and shall carry out all directions, general or special, of the Council given in relation to such committee or its affairs.
54 Joint committees.
Ibid, sec. 63 1903, No. 41, sec. 7
(1.)
Local authorities may unite in appointing joint standing or special committees for any purposes in which those local authorities are jointly interested, and the provisions of the two last preceding sections shall, muiatis mutandis, apply to the present case.
(2.)
Every such joint committee shall be so constituted that the number of members appointed by the local authorities respectively shall, as nearly as may be, be in the proportion of the relative rateable values of the properties in their districts.
55 Chairman of committee.
1900, No. 50, sec. 64
The Council or Councils appointing any committee may appoint a member of such committee to be the permanent Chairman thereof; and if no such appointment is made, the committee may make the appointment. Such Council or Councils may from time to time remove such Chairman, and appoint another in his stead.
56 Discharge of committee.
Ibid, sec. 65
Such Council or Councils as last aforesaid may from time to time discharge, alter, continue, or reconstitute any committee appointed by it or them.
Part VII PROCEEDINGS OF COUNCILS AND COMMITTEES
Proceedings Generally
57 Open voting.
Ibid, sec. 66
Every question coming before the Council or any committee shall be decided by open voting.
58 Mayor to be Chairman.
Ibid, sec. 67
(1.)
At every meeting of the Council the Mayor, if present, or, in his absence, the Deputy Mayor (if any), shall be Chairman. At every meeting of any committee the permanent Chairman thereof, if present, shall be Chairman.
(2.)
If the Mayor or Deputy Mayor is absent from any meeting of the Council, or if the said permanent Chairman is absent from any meeting of the committee, then such member as the members of the Council or committee then present choose shall be Chairman of such Council meeting or committee meeting, as the case may be.
59 Interested member not to vote.
1900, No. 50, sec. 6
(1.)
A member of the Council or committee shall not vote or take part in the discussion of any matter before the Council or committee in which he has, directly or indirectly, by himself or his partner, any pecuniary interest.
(2.)
A member who knowingly offends against this section is liable to a fine not exceeding fifty pounds for every such offence, and upon conviction his seat in the Council or in any committee shall become vacant.
60 Quorum and majority.
Ibid, sec. 69
(1.)
All acts of the Council and of any committee, and all questions coming or arising before the Council or any committee, may be done and decided by the majority of such members of the Council or committee as are present and vote at a meeting held in pursuance of this Act or of any regulation or by-law made thereunder, the whole number present at the meeting (whether voting or not) being not less than one-half of the number of the whole Council or of the committee, as the case may be, when that number is even, or a majority of such number if odd.
(2.)
In case of equality of votes the chairman of the meeting shall have a second or casting vote.
61 Defects in election or vacancies not to invalidate proceedings.
Ibid, sec. 70
No act or proceeding of the Council, or of any committee, or of any person acting as a member of the Council, shall be invalidated in consequence of there being a vacancy in the number of the Council at the time of such act or proceeding, or of the subsequent discovery that there was some defect in the election or appointment of any person so acting, or that he was incapable of being such member.
62 Public officer.
Ibid. sec. 71
The Council may from time to time provide and maintain a hall and public offices within its district, with fitting furniture for the same respectively, for holding the meetings and transacting the business of the Council, and for the use of its officers, and for holding public meetings and other purposes; and may purchase or rent land or buildings for such purpose, or may cause buildings to be erected on any land belonging to or leased by the. Council, or any such building to be added to or improved.
63 Minutes of proceedings to be open to inspection.
1903. No. 41, sec. 10
(1.)
Minutes of the proceedings of the Council shall be kept in a book which shall be kept in the office of the Council, and shall be open to inspection without fee during all office hours by any Councillor or ratepayer, or by any creditor of the Corporation.
Minutes of proceedings to be evidence. 1902, No. 59, sec. 7
(2.)
The minutes of the proceedings of the Council or of any committee, duly entered and authenticated as prescribed by the by-laws of the Council, shall be prima facie evidence of such proceedings and of the validity thereof.
Special Meetings and Special Orders
64 Special meetings.
1900, No. 50, sec. 72
(1.)
A “special meeting”
means a meeting called in pursuance either of a resolution of the Council or of a requisition in writing delivered to the Clerk and signed by the Mayor or by any three Councillors, specifying the time and place at which such meeting is to be held and the business to be brought before the same.
(2.)
Notice in writing of the time and place of such meeting, and of such business, shall be given under the hand of the Clerk to every member of the Council two clear days before the day appointed for such meeting.
65 Special orders.
1900, No. 50, sec. 73 1906, No. 56, sec. 13(b)
The power hereby given to do anything by special order shall be exercised only as follows:—
(a.)
The resolution to do such thing shall be passed at a special meeting.
(b.)
Such resolution shall be confirmed at a subsequent meeting(either ordinary or special) held not sooner than the twenty-eighth day after the day of such special meeting, and not later than the forty-second day after such special meeting.
(c.)
Public notice of the place and date fixed for such subsequent meeting, and of such resolution, shall be given once in each full week intervening between the two meetings.
(d.)
For the purposes of the last preceding paragraph a week shall be computed from the day of the week on which the resolution was passed.
(e.)
Written notice of the time and place of such subsequent meeting under the hand of the Clerk, shall be given to each member of the Council at least one clear day before such subsequent meeting, which notice shall refer to the said resolution.
(f.)
The notice directed to be given by the last preceding paragraph shall suffice, even though such subsequent meeting may be a special meeting.
66 Evidence of special orders
1900. No. 50, sec. 74
A document purporting to be a copy of any special order, sealed with the common seal, shall be received as evidence, and for all purposes whatsoever, that the special order of which such document purports to be a copy has been duly made in accordance with this Act, unless the contrary is proved.
67 Quashing same.
Ibid, sec. 75
No special order shall be quashed by any proceedings in any Court or otherwise unless such proceedings are commenced within six months from the making of the special order.
Rules of Procedure
68 By-laws re proceedings of Council.
Ibid, sec. 76 1902, No. 59, sec. 7(2) 1906, No. 56, sec. 13(c)
The Council may, subject to every and without prejudice to any provision of this Act, make by-laws or pass resolutions—
(a.)
Regulating the proceedings of the Council and of committees, and the conduct of meetings thereof respectively:
(b.)
Prescribing the time and manner of holding annual and other stated and also ordinary meetings, and regulating the business that may be transacted thereat respectively:
(c.)
Regulating the adjournment of meetings:
(d.)
Directing notices of meetings to be given, and prescribing the form and mode and time of service thereof:
(e.)
Regulating debates:
(f.)
Prescribing the manner and conditions of revoking or altering resolutions:
(g.)
Providing for the custody of documents, and regulating the custody and use and prescribing the mode and form of attestation of the common seal:
Provided that no by-law or resolution made under this paragraph shall affect any person, acting in good faith, taking or to take any estate, interest, or advantage under any document having or about to have the common seal affixed thereto:
(h.)
Prescribing the duties of officers and servants:
(i.)
Prescribing the form and manner of keeping and authenticating minutes:
(j.)
Prescribing forms of and in connection with any proceedings:
(k.)
Concerning anything incidental to any of the matters herein-before referred to.
Part VIII OUSTER OF OFFICE
69 Councillor may be summoned before Magistrate’s Court to show cause.
1900, No. 50, sec. 77
(1.)
Upon proof in the. first instance by affidavit or other-wise that the Mayor or any Councillor is or has become incapable under this Act of holding his office, any Magistrate’s Court in or nearest the borough may grant a summons calling upon the person holding such office to show cause why he should not be adjudged to be ousted of the same.
If incapacity proved he may be ousted of office. Ibid, sec. 78
(2.)
If on the return of such summons it appears to the Court, on affidavit or oral evidence on oath, that such person is incapable under this Act of holding the said office, the Court may adjudge such person to be ousted of the same, and such person shall be ousted of such office accordingly.
Court to have ordinary powers as in civil cases Ibid, sec. 79
(3.)
In any such proceeding the Magistrate’s Court may exercise all the powers and authorities which it may exercise in its ordinary jurisdiction in civil cases.
Disputed elections not to be heard. Ibid, sec. 80
(4.)
No matter in relation to a disputed election shall be heard by the Magistrate’s Court under this section; and the procedure of such Court shall, so far as applicable, apply generally to proceedings had under this section.
Supreme Court not to hear cases. Ibid, sec. 81
(5.)
No question which may be tried under this section shall be tried in the Supreme Court; and no proceedings in the Magistrate’s Court hereunder shall be removable into the Supreme Court by certiorari or otherwise.
Part IX OFFICERS
70 Supreme Court not to hear cases.
Ibid, sec. 81
(1.)
The Council may by resolution from time to time appoint, and may remove or reappoint, fit persons to be Town Clerk, Treasurer, Surveyor, collectors, and all such other officers and servants as it thinks necessary to assist in the execution of this Act, and may pay such persons such salaries and allowances out of the District Fund as it thinks fit.
1902, No. 59, sec. 30
(2.)
The Council may in like manner, if it thinks fit, from time to time appoint a duly qualified medical practitioner as medical officer at such remuneration and with such duties as the Council prescribes.
Councillor not to be officer.
(3.)
No Councillor shall be capable of holding any such office, unless without remuneration.
1900, No. 50, sec. 83
(4.)
One person may hold two or more of such offices.
Joint offices. Ibid, sec. 84
(5.)
All existing officers and servants of any existing borough shall be deemed appointed under this Act.
71 Existing officers.
Ibid, sec. 85 Acting officers. Ibid, sec. 86
(1.)
During the absence from the offices of the Council of any officer of the Council by reason of illness, leave of absence, or other cause, the duties and powers of such officer may be performed and exercised by an acting officer to be appointed and removed by resolution of the Council; and any such appointment may be either general or for some occasion only.
(2.)
The provisions of section thirty-two hereof shall, mutatis mutandis, apply to the case of evidencing the appointment and continued authority of every person appointed under this section.
DIVISION III FINANCE
Part X THE DISTRICT FUND
72 District Fund.
1900, No. 50, secs. 87. 88, 90(1) 1903, No. 56. sec. 13(d)
(1.)
There shall be for every borough a fund to be termed “the District Fund,”
consisting of the following moneys, that is to say:—
(a.)
All moneys received by way of capitation grant from the Government, or by appropriation of Parliament, or under or in pursuance of any Act:
(b.)
All revenues, rents, duties, fees, fines, forfeitures, and other sums whatsoever payable to the Corporation or Council under this or any other Act:
(c.)
All rates made and levied by the Council under this or any other Act:
(d.)
All rents and profits from property of any kind vested in the Corporation:
(e.)
All moneys received by the Corporation on account of waterworks, gasworks, electric-light works, tramways, cemeteries, reserves, recreation-grounds, workers’ dwellings, and public buildings and institutions:
(f.)
All moneys received by way of loan:
(g.)
All moneys received by way of subscription or voluntary contribution:
(h.)
All other moneys which may become the property of the Corporation or of the Council.
(2.)
For convenience of reference, a list of the various Acts other than this Act under which any moneys are payable to or leviable by a Borough Council is given in the Fifth Schedule hereto, but an omission from such list shall have no legal effect.
73 Annual Government subsidy.
1900, No. 50, sec. 89 1902, No. 59, sec. 8
(1.)
There shall be paid annually by the Minister of Finance out of the Consolidated Fund (without further appropriation than this Act) to each Council in respect of its general rates levied for each year ending the thirty-first day of March, and actually collected on or before the thirtieth day of June in the following year,—
(a.)
Where the general rates actually collected do not exceed seven hundred and fifty pounds, then five shillings for every pound thereof:
(b.)
Where the general rates actually collected exceed seven hundred and fifty pounds, then two shillings and sixpence for every pound thereof; but no lesser sum than one hundred and eighty-seven pounds ten shillings, nor greater sum than four hundred and fifty pounds, shall be paid in any one year under this paragraph to any Council:
Provided that subsidy shall not be payable on any amount exceeding the sum which would be collectible from a rate of three farthings in the pound on the capital value where the rate is levied on the capital or unimproved value of the rateable property in the borough, or of one shilling in the pound on the annual value where the rate is levied on the annual value:
Provided also that subsidy shall not be payable on any part of such general rates expended in contributing to the funds of any other local authority not receiving subsidy from the Consolidated Fund under this or any other Act.
(2.)
Pending the said rates for any year being actually collected as aforesaid, the Minister of Finance may advance to the Council in respect of its subsidy for that year any sum, computed in manner aforesaid, up to seventy-five per centum of the said rates collectible for that year; but any sum advanced in excess of the subsidy that ultimately becomes payable shall be recoverable by the said Minister from the Corporation.
(3.)
Where a borough is newly constituted, a proportionate sum shall be payable under this section in respect of any broken portion of a year.
(4.)
The Governor in Council may decide all questions arising under this section.
74 Fines to be paid into District Fund.
1900, No. 50, sec. 90 1876, No. 48, sec. 27
(1.)
The Clerk or other proper officer of the Court in which any fines are recovered, and which are payable to the district, shall pay the same into the District Fund at such times and in such manner as the Minister of Finance directs, subject to any law in force relating thereto.
(2.)
The Clerk or other proper officer of the Court in which any such fines are inflicted shall once in every three months furnish the Council with a written statement, signed by him, of all such fines, distinguishing therein those that have from those that have not been paid into such fund.
Provision when fines are collected by stamps.
(3.)
Whenever any fines which ought to be paid over to the District Fund are by law required to be paid in stamps, and have been so paid, the Clerk or other proper officer aforesaid shall certify to the Minister of Finance the amount of the same, that they have been so paid, and the name of the district entitled to receive the same; and thereupon the said Minister, without any further appropriation by Parliament than this Act, shall pay the amount of such fines out of the Consolidated Fund to the District Fund.
75 Moneys to be paid into the District Fund in bank.
1900, No. 50, sec. 91 1902, No. 59, sec. 10
(1.)
All moneys belonging to the Corporation shall be paid into such bank as the Council from time to time appoints and publicly notifies (hereinafter called “the bank”
).
(2.)
All moneys raised by special loan shall be paid into a separate account at the bank for each loan, which account shall be named according to the description of the loan.
(3.)
All other moneys belonging to the District Fund shall be paid into an account at the bank to be called “The District Fund Account.”
76 How moneys to be drawn from bank.
1900, No. 50, sec. 93
No moneys shall be drawn out of the bank except by authority of the Council; and all moneys shall be paid by the Corporation in cash, or by cheque signed by the Treasurer and countersigned by any two of such of the Councillors as the Council from time to time authorises to sign cheques, and shall not be paid otherwise.
77 Moneys not to be paid by promissory note.
1900, No. 50, sec. 94
All moneys paid or purporting to be paid by the Council by promissory note or bill shall be deemed to have been moneys unlawfully paid within the meaning of section one hundred and fourteen hereof, and may be recovered in the manner mentioned in that section.
Part XI RATES
GENERAL RATES
78 Rates.
Ibid, sec. 95
The Council may from time to time, as it thinks fit, make and levy a general rate of not exceeding in any one year two shillings in the pound on all rateable property within the borough upon the annual rateable value thereof or six farthings in the pound upon the capital value thereof.
79 General rate leviable separately in wards.
Ibid, sec. 96
(1.)
In divided boroughs the Council may make and levy the general rate separately in the several wards, and may do so in such manner that the rate made and levied in any one or more of such wards may vary from that in another or others.
Limitation.
(2.)
Provided that the maximum general rate to be made and levied in any one year in any ward shall be two shillings annual value or six farthings capital value in the pound on the rateable value of the rateable property in such ward, and in any undivided borough shall be two shillings annual value or six farthings capital value in the pound on the rateable value of the rateable property in such undivided borough.
80 Annual estimates.
Ibid. sec. 97
Before making any general rate the Council shall cause an estimate to be prepared of the proposed expenditure of the Council during the period for which the rate is to be made, showing any sums already available for such purpose, the additional sum required, the total rateable value of the property on the valuation roll, and the general rate thereon necessary to raise the money required; and such estimate, being approved by the Council, shall be publicly notified in the borough one week before making the proposed rate.
Separate Rates General Separate Rates
81 Separate rates.
Ibid, sec. 98 1902, No. 59, sec. 9
(1.)
The Council may from time to time, for the purpose of constructing, providing, or establishing, or extending or completing, or maintaining, working, or repairing, any public works of any description whatever, or purchasing or otherwise acquiring any land or building, or engaging in any undertaking whatsoever for the benefit either of the whole district or of any ward or defined portion thereof, by special order make and may levy within the whole district, or (as the case may be) only within the ward or portion to be benefited as aforesaid, any rates (to be termed “separate rates”
).
Petition necessary. 1900, No. 50, sec. 99 1906. No. 56. sec. 13(e)
(2.)
No such rate shall be made or levied, or special order made, save upon a petition in the prescribed manner and form, signed by a majority of such of the electors of the district, subdivision, or defined portion proposed to be rated as are enrolled in respect of the freehold or rating qualifications.
Limits of separate rates. 1900, No. 50. sec. 100 1906, No. 56. sec 13(f)
(3.)
The total amount of all such separate rates made in any one year within the whole borough or within any ward or defined portion thereof shall not exceed three farthings in the pound on the total capital value or one shilling in the pound on the total annual value of the rateable property.
82 Expenditure of separate rate.
1900, No. 50. sec. 101
(1.)
Every separate rate made and levied within any ward or portion as aforesaid shall be subject (to the deduction of so much thereof as may, in the opinion of the Council, be necessary to defray the cost of the supervision and clerical work in connection with the expenditure thereof, including the salaries of officers who are not employed generally in the business of the Council, but whose services are utilised in the making or levying of such rate or in connection with its expenditure.
(2.)
The amount so deducted shall form part of the ordinary revenue of the Corporation of the borough, and may be applied in such manner as such ordinary revenue may be applied.
(3.)
The remainder of the separate rate shall be expended in the ward or portion as aforesaid within which it was levied.
Particular Separate Rates Water-supply Rates
83 Water rates.
Ibid, sec. 102
In every borough giving a water-supply the Council may make and levy water rates as under:—
(a.)
In respect of the ordinary supply within the meaning of any by-law defining the same,—
(i.)
The rates may be made and levied on all lands and buildings to which water is supplied, and the amount of each rate shall be based on the annual rateable value as appearing on the valuation roll.
The amount of each rate shall be computed as follows:—
Where the annual rateable value does not exceed twelve pounds ten shillings, the rate shall not exceed ten shillings per annum;
Where such value exceeds twelve pounds ten shillings, the rate shall not exceed seven per centum on the first one hundred pounds of such value; and
Six per centum on the second hundred pounds of such value; and
Five per centum on the third hundred pounds of such value; and
Four per centum on so much of such value as exceeds three hundred pounds.
(ii.)
Upon all lands and buildings to whichs water can he but is not supplied, situate within one hundred yards from any part of the waterworks, a rate not exceeding one-half of the rates above mentioned.
(iii.)
Upon all buildings used as stores or warehouses, or for any purposes other than as dwellinghouses, a rate ot exceeding one-half of the rates above mentioned.
(b.)
In respect of the extraordinary supply within the meaning of any by-law defining the same,—
Such rates as may be fixed by any by-lawjin that behalf, or as may be agreed on, subject to any such by-law, with any person receiving such supply.
(c.)
In respect of any meter provided by the Council for measuring the quantity of water supplied, such annual charges as may be fixed by any by-law in that behalf;
84 Unoccupied dwelling to pay half-rates.
1900. No. 50. sec. 103
In every case where—
(a.)
Any dwelling house or other building remains actually vacant and unoccupied for a period of not less than six months in any year, whether continuously or not; and
(b.)
The person rated in respect thereof gives to the Council, within fourteen days after the expiration of such period, notice in writing of the dates on which such house or building became vacant and unoccupied, and on which it again became occupied,—
then such person shall be liable to pay only half the amount which would otherwise be payable for the year’s water rates in respect of such dwelling house or other building, and shall be entitled to a refund of any sum paid in excess of such half.
85 Water rates payable in advance.
Ibid, sec. 104
(1.)
All water rates for an ordinary supply shall be payable in advance half-yearly on such days as the Council determines.
(2.)
Where any land or building becomes liable to a water rate during the currency of any such half-year, a part only of such rate proportionate to the unexpired part of such half-year shall be payable in advance on such liability accruing.
(3.)
Where water is supplied to a new building not valued in the valuation roll then in force, the valuer for the time being of the Council, under “The Rating Act. 1908,”
shall by writing under his hand fix the value for water-rate purposes of the premises whereon such building is erected, and water rates shall be payable accordingly until the next rate-book is made.
(4.)
Water rates for an extraordinary supply, and all other charges, shall be paid at such times as the Council directs.
86 When rates not paid supply may be stopped.
Ibid, sec. 105
If any person refuses or fails to pay any water rate for which he is liable, the Council may, without prejudice to any other remedy for the recovery of such rate, stop the supply of water to the premises in respect of which such rate is payable in such manner as the Council thinks fit, and may recover from such person the whole expense incurred in stopping such supply.
87 Water rates to be separate rates.
Ibid. sec 106
All water rates or charges for the supply of water within or outside the boundaries of any borough, or otherwise accruing from the waterworks, shall be deemed to be separate rates, and may be recovered accordingly.
Lighting Rate
88 Liathing rate.
Ibid. sec. 107
The Council may, if it thinks fit, make and levy an annual lighting rate upon all ratepayers in the borough for the purpose of lighting the streets and public buildings in the same, but such rate shall not exceed sixpence in the pound in any one year on the annual rateable value of the rateable property in the borough.
Sanitation Rate
89 Sanitation rate.
Ibid. sec. 108
(1.)
Where the Council itself undertakes or contracts for the removal of house refuse, or the supply of dry earth or deodorising substances for or the cleansing of closets, privies, or cesspools not connected with any public drain, for the borough or any part thereof, the Council may in respect thereof make and levy a separate rate not exceeding in any one year sixpence in the pound on the annual rateable value of the rateable property in such borough or part thereof:
Provided that such rate shall be levied only upon such properties as have a house or houses erected thereon:
Provided also that no more than sixpence in the pound shall be levied in respect of all the works above mentioned.
(2.)
In lieu of making and levying such rate the Council may levy a uniform annual fee, but so that the total proceeds of such fee shall not exceed the proceeds of such rate:
1906, No. 56, sec. 4
Provided that any such annual fee in respect of the cleansing of closets or privies may be a uniform annual fee for each pan in such closets or privies.
1902, No. 59. sec. 11
(3.)
Such annual fee shall be recoverable as a rate, and shall form part of the District Fund.
Library Rate
90 Library rate.
1900, No. 50, sec. 109
(1.)
The Council may, in any borough having a public library, make and levy an annual library rate not exceeding a rate equal to one penny in the pound on the annual rateable value of the rateable property in such borough.
(2.)
Where money is borrowed upon the security of a library rate such rate shall, for the purposes of the loan, be deemed a special rate within the meaning of this Act, and the provisions thereof as to special rates shall apply accordingly.
Harbour Rate
91 Council may levy special rate in harbour district.
Ibid, sec. 110
Any Council or Councils appointed a Harbour Board under the provisions of this Act may by special order declare and define the part of the district or districts within the jurisdiction of such Council or Councils which will be specially benefited by any harbour-works, and may levy a separate rate in such part for the constructing or maintaining of harbour-works; but no such rate shall be levied save upon such petition as mentioned in section eighty-one hereof, and no such rate shall exceed in any one year three-eighths of a penny in the pound on the capital value of the rateable property in such part.
Annually Recurring Separate Rate
92 Separate rate may be made an annually recurring rate.
Ibid, sec. 111
Any separate rate made for the construction of a special work or the engaging in a special undertaking may, if the Council making the same so directs by special order, be an annual-recurring rate, leviable without further proceeding on the part of the Council until such work or undertaking is completed.
Special Rates
93 Rates levied as security for loans deemed to be special rates.
Ibid. sec. 115
(1.)
Every rate whatever made and levied under the authority of this or any other Act, and intended as security for the repayment of moneys borrowed, shall be deemed to be a special rate within the meaning of “The Local Bodies’ Loans Act, 1908,”
and the provisions of that Act relating to special rates shall accordingly apply.
(2.)
No special rate shall be quashed by any proceedings in any Court or otherwise.
MISCELLANEOUS
94 Application of the Rating Act.
1900, No. 50, sec. 118
(1.)
The provisions of “The Rating Act, 1908,”
shall apply to all rates made under this Act.
(2.)
In particular, the provisions of the said Act as to adjustment of rates from capital-value basis to annual-value basis and vice versa shall so apply.
95 Provision if rates levied on unimproved value.
Ibid, sec. 119
if any rates authorised to be made by this Act are leviable on the unimproved value, then every rate levied on the unimproved value shall be so adjusted as to equal, as nearly as may be, but not to exceed, in its producing-capacity the rate that would be made and levied on the annual value or capital value.
Part XII FINANCE GENERALLY
Overdrafts and Deposits
96 Overdrafts.
Ibid, sec. 154
(1.)
The Council may, in anticipation of its revenue receivable under the General Account and all separate accounts, from time to time borrow moneys from the bank by way of overdraft or from any corporation or persons by way of temporary loan.
Limitation.
(2.)
It shall not be lawful for the Council to borrow or receive moneys as mentioned in this section at a higher yearly rate of interest than six per centum, or to enter into any engagements or contracts whereby the total liabilities of the Council (exclusive of all loans lawfully raised and debentures lawfully issued) shall, at the end of the month of March in any year, exceed, exclusive of any moneys borrowed or any moneys received from rates levied upon any portion only of a borough or from special rates, the amount of the income of the Council for such year.
(3.)
The provisions of section forty-seven of “The Local Bodies’ Loans Act, 1908,”
shall, mulatis mutandis, apply to moneys borrowed under this section.
97 Power to borrow to pay off certain overdrafts.
Ibid, sec. 155
The Council may by special order, and without taking any poll, borrow and raise by way of special loan money sufficient to clear off any overdraft as existing on the thirty-first day of March, one thousand nine hundred:
Provided that after the extinction of such overdraft under the provisions of this section it shall not be lawful for the same Council to owe to its bankers on overdraft on any of its accounts at the end of any financial year any sum exceeding the amount of revenue for that year payable into such accounts and then outstanding and uncollected.
98 Repayment of advances.
Ibid, sec. 156
The limits of the powers to borrow defined in the two last preceding sections shall not be interpreted to affect the right of any bank or corporation or persons to be repaid the moneys advanced in good faith by it or them out of the funds of the Corporation:
Provided that before any bank grants any overdraft against the revenue outstanding and uncollected, as specified in the proviso to the last preceding section, a statutory declaration by the Town Clerk and Borough Treasurer showing that the amount of such overdraft can legally be borrowed shall be furnished to the bank.
(2.)
No special rate shall be quashed by any proceedings in any Court or otherwise.
99 Deposit at interest.
1900, No. 50, sec. 157
The Council may, in any case where it is deemed advisable that any sum of money at credit of General or Special Loan or any other account should be placed on deposit at interest, deposit such sum of money with any bank approved by the Council.
Expenditure
100 Council may promote Bills.
Ibid, sec. 158
The Council may, out of the District Fund, expend moneys in and about preparing and passing through Parliament any Bill in cases where the interests of the inhabitants of the borough arc concerned.
101 One per cent, of general rate may be applied to certain purposes.
Ibid, sec. 159(1) 1902, No. 59, sec. 13
The Council may in every financial year, out of the General Account, expend for purposes not authorised by any Act or law for the time being in force any sum or sums not amounting in the whole to more than one per centum of the general rate struck for that year:
Provided that if one per centum of such general rate does not in any financial year amount to fifty pounds, the Council may in that year expend the sum of fifty pounds for such purposes as aforesaid.
102 Certain expenditure authorised.
1900, No. 50, sec. 159(2)
The Council may apply any part of the District Fund in payment to the Clerk of each Licensing Committee within the district of such sum as the Council from time to time thinks fit, and in defraying the necessary expenses lawfully incurred by any such Licensing Committee in connection with the administration of any Act for the time being in force within the district regulating the sale of intoxicating liquors.
103 Apportionment of income in each year.
Ibid, sec. 160
The Council shall in each year apportion the gross estimated income of the borough from all sources, not being rates or other moneys made and levied for or appropriated to any special work or purpose by any other provision of this or any other Act, in manner following, that is to say:—
(a.)
In payment, in the first instance, of the general debts and liabilities of the district as a whole which are not included in the special appropriations hereinafter mentioned, and of the general expenses incident to the administration of this Act and of the affairs of the borough:
(b.)
In payment of contributions required by this’ or any other Act to be made out of the District Fund:
(c.)
In payment of the cost of constructing, establishing, providing, and maintaining such works, matters, and things in or for the borough as are prescribed by this Act or as the Council annually, not sooner than three months before the making of the rates for the year, by special order directs to be respectively constructed, established, provided, and maintained out of the general funds of the district:
(d.)
The remainder of such annual income shall, subject to the next succeeding section, be apportioned amongst the wards in proportion to the amount of general rates received from such wards respectively in such year.
104 Adjustment in succeeding years.
Ibid, sec. 161
Where from any cause, in any year, an allocation as provided in the last preceding section cannot be made among the wards of a borough, and any ward receives in such year any more or less than the proportion which it ought to have received, then such ward shall in succeeding allocations receive such a reduced or increased proportion of income as may suffice to reduce or increase the amount to be received by such ward on the whole to that which it ought to receive under the last preceding section.
105 Surplus of money raised for special purposes.
1900, No. 50, sec. 162 1903, No. 41, sec. 7
Where there is any surplus of any moneys raised by way of special loan or separate rate after the completion of the special work or purposes for which they were raised, or any surplus of any sinking fund after repayment of the loan for the repayment of which the same was provided, such surplus may be expended for such other special purposes or special work as is determined by a special order in that behalf.
Government not Liable for Borough Debts
106 Government not liable for borough debts.
1900, No. 50, sec. 163
No claim of any creditor of any borough shall attach to or be paid out of the public revenues of New Zealand, or attach to or be paid by the Government.
Part XIII ACCOUNTS AND AUDIT
ACCOUNTS
107 Accounts to be kept.
Ibid, sec. 164
The Council shall keep such accounts, and keep them in such manner, as are prescribed by the Audit Office, but so always that—
General Account.
(a.)
A General Account shall be kept, and credited with all moneys not required by this Act or by any regulation thereunder to be carried to any other account, and debited with ordinary expenditure; and that
Separate accounts.
(b.)
Separate accounts shall be kept of all moneys raised or levied for, or appropriated or allocated to, or held in trust for, any special purpose.
108 Profits of waterworks, gas-works, &c., may be transferred to General Account.
1902, No. 59, sec. 33 1903, No. 41, sec. 17
(1.)
It shall be lawful for the Council from time to time to transfer to the General Account any surplus remaining to the credit of the separate account which the Council is obliged by law to keep, showing the moneys accruing from waterworks, gasworks, or electric-light works:
Provided that no moneys shall be so transferred till due provision is first made for all sums with which the separate account is by law chargeable.
Transfer from General Account to meet deficiencies. 1900, No. 50, sec. 165
(2.)
If the balance in any of the separate accounts is at any time insufficient to meet the lawful charges thereon, the Council may transfer such sums as are necessary from the General Account to meet the same, and may at any time repay any such advance out of any excess in the receipts over the liabilities of any such account.
Other transfers forbidden.
(3.)
It shall not be lawful to make any transfer from any one to any other of such separate accounts, except as in this Act provided.
109 Ratepayors may inspect accounts.
Ibid, sec. 166
Any Councillor or ratepayer, or the Clerk, or any person holding any security charged upon the property of the borough, may inspect the accounts of the Treasurer, and take copies from any part thereof, at all reasonable times; and every person who refuses or obstructs such inspection or copying of any account in his custody or control is liable to a fine not exceeding five pounds.
110 Regulations as to collection of and accounting for moneys.
Ibid, sec. 167
The Governor may from time to time make regulations respecting—
(a.)
The giving of security by officers of the Council;
(b.)
The manner of recovering moneys and paying the same into the District Fund, and banking the same;
(c.)
The accounting by collectors and other officers, and the recovery of Corporation moneys from persons liable to account for the same; and
(d.)
Generally respecting the collection of Corporation moneys and the accounting for the same.
111 Penalty on failure to render account.
1900, No. 50. sec. 169
(1.)
If any officer fails to render any accounts required by this Act or any regulations under this Act, or to deliver up the vouchers relating thereto in his possession, or to pay forthwith on demand the balance thereof as required, as aforesaid, or fails for five days after demand thereof to deliver up to the Council, or to any person authorised by the Council to receive the same, all matters and things in his possession or control belonging to the Council or relating to the execution of this Act or any regulation or by-law under this Act, any two Justices may hear and determine the matter in a summary way, and may order such person to render such accounts, or to deliver up’ such matters or things, or to pay such balance, as hereby required.
(2.)
If such person neglects or refuses to obey such order he may be committed to prison by any Justice for any period not exceeding six months.
Saving of remedies.
(3.)
No such proceeding against or dealing with any officer as aforesaid shall deprive the Council of any remedy which it might otherwise have against any such officer or against any surety of such officer, or shall exempt any person from any civil or criminal proceedings to which he might otherwise be liable.
Audit
112 Accounts to be audited.
Ibid, sec. 169
The accounts of every borough shall be audited by the Audit Office in such manner and subject to such provisions as are prescribed by any Act or by regulations under this Act.
113 Treasurer refusing to produce books, &c., for audit.
Ibid. sec. 170
If the Treasurer or any other person refuses or neglects to do any act he is required to do by any Act or regulation as aforesaid, or to do such act within the time therein limited, or if the Treasurer, or any other person having the custody or control of any of the books or papers which the Audit Office is thereby empowered to examine, refuses to produce the same, or in any way obstructs the Audit Office in the examination thereof, he shall be liable to a fine not exceeding fifty pounds.
114 Audit Office to sue for moneys unlawfully paid away.
Ibid, sec. 171
(1.)
If the Audit Office finds that any moneys have been expended or any liability has been incurred by any Council without the sanction of law, unless such Council has acted bona fide and under legal advice, the Audit Office shall surcharge the amount thereof jointly and severally upon the members of the Council who were present at the meeting at which the expenditure or the incurring of the liability was sanctioned and did not object thereto, and shall take all proceedings necessary to recover the amount of such expenditure or liability in any Court of competent jurisdiction as a debt due to the Corporation.
(2.)
All costs incurred by the Audit Office in any such proceedings shall be paid out of the District Fund, and all money and costs recovered in any such proceedings shall be deemed to be part of the District Fund, and paid over accordingly.
When moneys deemed to have been lawfully expended.
(3.)
All moneys expended by any Council shall be deemed to have been lawfully expended if such expenditure appears in the balance-sheets of the district duly audited and passed in manner provided by any such Act as aforesaid, or this Act, or by any regulations thereunder.
115 Restriction with respect to costs.
1900, No. 50, sec. 172
If in any proceedings by information at the suit of the Attorney-General or Solicitor-General it is decided that the Council has wrongfully or illegally disposed of or dealt with any of the real or personal property of the borough, or has applied the same to any purpose to which it was not lawfully applicable, or that the Council has permitted any of the reserves the management of which is vested in it to be used for purposes not authorised by law, or if by any such proceedings the Council is restrained from doing any such things, then it shall not be lawful for the Council to pay out of the District Fund any costs or other expenses arising out of such proceedings or incurred in doing the things to which such proceedings relate; but the Court shall order that the members of the Council who, by voting or otherwise, assented to the illegal acts complained of shall pay all such costs and expenses.
DIVISION IV ALTERATIONS IN DISTRICTS
Part XIV NEW, CITIES AND BOROUGHS
116 New cities.
Ibid, sec. 173
(1.)
The Governor may from time to time proclaim any borough having a population of not less than twenty thousand to be a city, and every such Proclamation shall have effect accordingly.
Corporation to remain the same. Ibid, sec. 174
(2.)
The Corporation of every such borough shall nevertheless remain the same Corporation.
117 New boroughs.
Ibid, sec. 175 1902, No. 59, sec. 14
(1.)
Any area having the qualifications for a borough prescribed by paragraph (c) of section three hereof may at any time be constituted a borough in the manner following:—
(a.)
A petition in accordance with regulations, signed by not less than one-fourth of the persons for the time being entitled in respect of a qualification within such area to vote at the election of a member of any local authority within such area, and praying that the same may be constituted a borough, shall be presented to the Governor.
(b.)
Upon receipt of such petition the Governor may, if he thinks fit to proceed on the petition, gazette and publicly notify a notice containing an approximate description of the proposed boundaries of such new borough, and calling upon all persons affected to lodge any written objections to or petitions against the constitution thereof within one month from the first publication of such notice.
(c.)
After duly considering the original petition, and the written objections and counter-petitions so lodged (if any), the Governor may, if he thinks fit, declare either the whole or any part of such area to be a borough:
Provided that such part has the requisite qualifications for a borough.
(d.)
If the Governor does not accede to the prayer of any such petition, he shall notify the fact in the Gazette, and no further petition containing a similar prayer shall be presented to him until the expiration of at least one year from the date of such notification.
(e.)
The Governor may either leave such new borough undivided or may divide it into wards and fix the names of the same.
(f.)
The Governor may fix the number of Councillors for the borough, and where he divides the borough, then also the number of Councillors for each ward.
(g.)
The Governor may, by Proclamation gazetted, fix the name of every such new borough.
(2.)
Upon any area being constituted a borough it shall cease to form part of the county or counties to which it formerly belonged, but the entity of the Corporation or Corporations of such county or counties shall not thereby be destroyed.
Procedure until Councillors of new borough come into office. 1906, No. 56. sec. 2
(3.)
Where a new borough is constituted and comprises the whole or any part of the area of a then existing district, the following provisions shall apply
(h.)
The local authority of such district shall, during the period between the constitution of the borough and the date when the first Councillors of the borough come into office, continue to exercise its functions with respect to the area comprised in the new borough in like manner in all respects as if such area were still in its district and the new borough had not been constituted.
(i.)
Where the whole area of such district is comprised in the new borough the local authority of such district shall continue to exist during the aforesaid period.
(j.)
The provisions of this Act as to financial and other adjustments shall extend to and include the aforesaid period.
Part XV Alterations of Boroughs
Alterations in Boundaries
118 Alterations of boundaries of borough.
1900. No. 50, sec. 176 1902, No. 59, sec. 14
(1.)
The boundaries of a borough may at any time be altered in the manner following:—
(a.)
A petition in accordance with regulations, signed by not less than one-fourth of the persons for the time being entitled in respect of a qualification within the area hereinafter mentioned to vote at the election of a member of any local authority within any area proposed to be included in or excluded from a borough, praying the Governor to include such area in the borough, or, as the case may be, in a county or some other district, shall first be presented to the Governor.
(b.)
The Governor may gazette and also publicly notify a notice showing the proposed alteration in boundaries, or an approximation thereto, and, in cases where an area is proposed to be added to a divided borough, stating in which ward or wards such area is proposed to be included, or whether it is proposed that such area shall constitute a new ward or new wards, and calling upon all persons affected to lodge any objections in writing to or petitions against the proposed alteration within one month from the first publication of such notice.
(c.)
After duly considering the original petition and the written objections so lodged (if any), the Governor in Council may make the alteration prayed for by the original petition, or any other alteration involving the. severance from the one district and inclusion in the other of part or parts only of the area mentioned in the original petition; or the Governor in Council may appoint a Commission, and delegate to such Commission the powers conferred by this paragraph.
(2.)
Any area included in a borough or any other district under this section shall thenceforth form part of that borough or district alone.
(3.)
No such alteration shall destroy the entity of any Corporation.
(4.)
No alteration shall be made under this section which would have the effect that any borough if so altered would be without any one or more of the qualifications as to area, population, and otherwise required by this Act.
119 Reclaimed land may bo added to borough.
1903, No. 41, sec. 11
(1.)
The Governor may from time to time by Proclamation, on the petition publicly notified of the Council, alter the boundaries of a borough so as to include any land reclaimed from the sea adjacent to such borough, or any land that ought reasonably to be included in the borough and in respect of which there are no electors.
(2.)
Such Proclamation may declare that the land proposed to be included in the borough shall be added to any particular ward thereof, or may declare what portions of such land shall be added to any of the wards of the borough respectively.
Union of Boroughs
120 Adjoining boroughs may be amalgamated into one.
1900, No. 50, sec. 177 1902, No. 59, sec. 15
(1.)
Any two or more boroughs forming one continuous area may be constituted one united borough in the manner following:—
(a.)
A poll of the electors of at least one of such boroughs shall be taken on the proposal that such boroughs be constituted one united borough.
(b.)
The poll may be taken in pursuance of a special order of the Council of such borough, and shall be taken within thirty days after presentation to the Council of a request in writing that a poll be taken, signed by not less than ten per centum of the electors of such borough.
(c.)
If the result of the poll is in favour of the proposal, but not otherwise, a petition, under the common seal of the Corporation, shall, within thirty days after the taking of the poll, be presented to the Governor by the Council of the borough in which the poll was taken, praying that such boroughs be constituted one united borough.
(d.)
If the Council of each of the other boroughs concerned also presents to the Governor a similar petition under the common seal of the Corporation, the Governor may by Proclamation constitute such boroughs one borough, by such name as is assigned thereto by such Proclamation, and such several boroughs shall thereupon become and be such one borough accordingly under this Act.
(2.)
All valuation rolls, electors lists, electors rolls, and rate-books in force in the boroughs forming any united borough on the issue of any such Proclamation shall continue in force in the united borough until new valuation rolls and electors lists and rolls and rate-books respectively are made for such united borough under this Act.
121 United borough may be undivided or subdivided into wards.
1900, No. 50. sec. 178 1902, No. 59, sec. 17
The Governor may by Proclamation either declare such united borough to be an undivided borough and assign thereto such number of Councillors as he thinks fit or divide such united borough into wards, but so that each ward shall contain a population of not less than one thousand, and assign such names and boundaries and the number of Councillors to each ward as he thinks fit, and upon the issue of such Proclamation the division of wards theretofore existing of the several boroughs so united shall cease.
122 Constitution of united Councils.
190 No. 50, sec. 179 1903, No. 41, sec. 7
The Mayor of the borough having the largest population shall be the first Mayor of the united borough, and shall continue in office until the coming into office of the first elected Mayor of the united borough; and the other Mayor or Mayors shall be a Councillor or Councillors of the united borough, and he or they and the Councillors of the several boroughs shall, until the first biennial election of Councillors after the said union, be and continue to be, the duly constituted Council of such united borough, irrespective of the number of such Councillors, and notwithstanding such number may exceed that allowed by this Act.
123 First elections.
1900, No. 50. sec. 180 1902, No. 59, sec. 18
At the first biennial election of Councillors after such union all the Councillors shall go out of office, and the electors of the united borough or of each ward shall elect the number of Councillors assigned to it by the said Proclamation.
124 Property of united borough.
1900, No. 50, sec. 181
(1.)
All property and the control of any land or thing vested respectively at the time of any such union in the Corporation or Council of any of the several boroughs shall on such union be vested in the Corporation and the Council respectively of the united borough; and all liabilities and engagements of such Corporations, or of any of them, and all proceedings pending by or against any of such Corporations, shall respectively be liabilities and engagements of, and proceedings to be carried on by or against, the Corporation of the united borough.
(2.)
The united borough may exercise all such rights of election as were exercisable by any of the boroughs comprised therein.
1903, No. 41, sec. 12
(3.)
All special powers conferred by any Act on any of the boroughs so united may be exercised by the Council of the united borough, and the provisions of such Act shall, mutatis mutandis, apply to such united borough.
Part XVI ALTERATIONS WITHIN BOROUGHS
125 Alterations of subdivisions.
1900, No. 50, sec. 182 1902, No. 59, sec. 19
(1.)
At any time and from time to time, but subject in each case to the provisions of and within the limits fixed by this Act, the Council of any borough may—
(a.)
Alter the boundaries of any of the subdivisions of or wholly redivide such borough:
Names thereof.
(b.)
Name or rename any subdivision:
(c.)
Alter the total number of members of the Council:
Representation.
(d.)
Alter the number of members for any subdivision in such manner as to keep the representation of the various sub-divisions as nearly as may be proportioned to the number of electors of each subdivision:
Creation and abolition of subdivisions.
(e.)
Abolish all subdivisions in the borough and fix the number of Councillors for the undivided borough:
(f.)
Create subdivisions in the borough where it is not then divided into subdivisions.
(2.)
The powers given by this section shall in each case be exercised by special order gazetted.
126 Election of Councillors on alterations within boroughs.
1902, No. 59, sec. 20 1903, No. 41, sec. 4
(1.)
In any case where—
(a.)
An undivided borough is divided into wards; or
(b.)
The wards of a divided borough are abolished; or
(c.)
A divided borough is wholly redivided; or
(d.)
The total number of members of the Council is altered,—
then the whole Council shall go out of office, and there shall be a fresh election of Councillors:
Provided that where, in the case of an undivided borough, the total number of members of the Council is increased, it shall not be necessary for the whole Council to go out of office, but an election of a sufficient number of Councillors to make up such increased number shall be held.
(2.)
In any case where—
(e.)
The boundaries of any ward are altered; or
(f.)
The number of members of any ward is altered; or
(g.)
Any adjoining district is incorporated into a borough, and included in an existing ward,—
then the Councillors of the ward affected shall go out of office, and there shall be a fresh election of Councillors for such ward.
(3.)
In any case where—
(h.)
Any such district is so incorporated and forms a new ward or wards,—
then there shall be an election of Councillors for such new ward or wards.
(4.)
In every such case the Councillors elected under this section shall, subject to the provisions of section one hundred and twenty-nine hereof, remain in office until the next biennial election.
Part XVII FINANCIAL AND OTHER ADJUSTMENTS
127 Financial adjustment on constitution of borough or alteration of boundary of borough.
1900, No. 50, sec. 183
Upon the constitution of a new borough, or any alteration of the boundaries of a borough, the several local authorities affected may, by agreements executed under the common seals of their respective Corporations, make such an adjstment of property, liabilities, contracts, and engagements between the new borough and the county or other district out of which its area has been taken, or between the districts affected by such alteration of boundaries, as such local authorities think fit, and every such agreement shall be enforceable accordingly; but in default of any such agreement being come to in the prescribed time and manner it shall be lawful for the Governor to make the adjustment in the prescribed manner and form.
128 Alterations within borough, &c., not to affect. separate rates, &c., or expenditure of loan-money.
Ibid, sec. 184
(1.)
No action taken under this Division of this Act shall affect any separate rate or special rate, and every such rate shall continue to be charged upon the whole of the area upon which it was charged before such action was taken, and shall not by reason thereof become a charge upon any additional area; and the area within which any unexpended loan-moneys may be expended shall not be affected by the taking of such action.
(2.)
Upon any constitution, abolition, or alteration of any ward the Council may by special order make an adjustment of accounts between the wards affected.
129 Annual election of Mayor not to take place in certain cases.
1902, No. 59, sec. 21
(1.)
Where upon the constitution of a new borough an election of a Mayor is held within two months of the time fixed for the annual election of Mayor it shall not be necessary to hold such annual election, but the Mayor shall remain in office until the next succeeding annual election.
Biennial election not to take place in certain cases. 1900, No. 50, sec. 185
(2.)
Where any first or general election of the whole Council is held within two months of the time fixed for the biennial election of Councillors it shall not be necessary to hold the same, but the Councillors shall remain in office until the next succeeding biennial election.
130 Governor may make regulations.
Ibid, sec. 186
The Governor may from time to time, by regulations, Proclamation, or otherwise,—
(a.)
Make temporary appointments of Mayors, Councillors, and officers:
(b.)
Direct the preparation of any valuation, district electors, and other lists and rolls, and of any rate-books and other documents:
(c.)
Provide for the holding of any first or new elections and first meeting of the Council:
(d.)
Make any adjustments of representation:
(e.)
Provide for the making and collection of any rates:
(f.)
And do any act for more effectually carrying out the provisions of this Division of this Act, either generally or in any particular case.
DIVISION V GENERAL POWERS OF THE COUNCIL
Part XVIII CONTRACTS AND WORKS
131 Council may enter into contracts.
Ibid, sec. 187
(1.)
The Council may, in the name and on behalf of the Corporation, enter into any contract for any of the purposes of this Act.
Particulars to be specified.
(2.)
If such contract is for the execution of any work, it shall specify the work to be done, and the materials to be furnished, and the price to be paid for the same, and the time or times within which the work is to be completed, and the penalties to be suffered in case of non-performance thereof.
(3.)
The provisions contained in the Sixth Schedule hereto shall apply to all tenders called for and all contracts entered into by the Council for the execution by any person of any work involving the employment of workmen.
132 Mode of entering into contracts.
Ibid. sec. 188 1900. No. 56, sec. 13(g)
Any contract which if made between private persons,—
Firstly, must be by deed;
Secondly, must be in writing signed by the parties thereto;
Thirdly, may be made verbally without writing,—
when made by the Council,—
In the first case, shall be in writing under the seal of the Corporation;
In the second case, shall be either under the seal of the Corporation or signed by two members of the Council on behalf of and by direction of the Council;
In the third case, may be made verbally without writing by the Council or by any two members thereof on behalf of and by direction of the Council; but no verbal contract shall be made for any sum exceeding twenty pounds:
and all such contracts may be varied and discharged in the same manner respectively.
133 Contracts to be valid.
1900, No. 50, sec. 189
(1.)
All contracts made according to the provisions herein contained, being duly executed by the persons contracting, shall be effectual in law, and shall be binding on the Corporation and all other parties thereto, their successors, executors, or administrators, as the case may be.
(2.)
In case of default in the performance of any such contract, either by the Council or by any other party thereto, such actions may be maintained thereon, and such relief obtained and damages and costs recovered by or against the Corporation, or the other parties failing in the performance thereof, as might have been maintained and obtained and recovered had the same contracts been made between private persons only.
Co-Operative System
134 Contracts on co-operative system.
Ibid. sec. 190
(1.)
It shall be lawful for the Council to make any contract for work or labour to be done on the co-operative system (meaning thereby at a price and subject to conditions fixed by the Council) to any value or amount without calling for public tenders, or to itself carry out such work or employ such labour without the intervention of a contractor.
List of rates of wages and hours of labour.
(2.)
Every Council shall keep at its Town Hall or other principal office a list of the rates of wages and the hours of labour to be paid and observed on works which are to be done on the co-operative system or which the Council resolves to carry out without the intervention of a contractor.
(3.)
The list shall be based on the rates of wages and hours of labour generally accepted as usual and fair in the trade or class of labour to which they relate, and shall at all reasonable times be open to public inspection.
Part XIX LEASING
135 Corporation to have certain leasingpowers, in addition to others.
Ibid, sec. 191
The Corporation shall, in addition to all other leasing-powers exercisable by it, or by the Council representing it, under any local or private Act or enactment, grant, conveyance, or deed, have the powers hereby conferred, which powers shall be exercisable by the Council in the name and on behalf of the Corporation.
136 Council may let lands, &c.
Ibid, sec. 192 1900, No. 50, sec. 5(2)
(1.)
The Council may let by way of lease any lands or buildings, or other real or personal property of the Corporation,—
Term.
(a.)
For any term not exceeding sixty-six years without right of renewal; or
Right of renewal.
(b.)
For any term not exceeding twenty-one years—
(i.)
With a provision that the lessee, his executors, administrators, and assigns, may, at any time prior to the expiration of the term, have a new lease for a further term not exceeding twenty-one years, and containing the same covenants and provisions (including this present provision), at a rent to be fixed by valuation of the land only, without regarding the value of any buildings or improvements thereon; or
(ii.)
With a provision that, prior to the expiration of the term, a new lease for a further term not exceeding twenty-one years, and containing the same covenants and provisions (including this present provision), shall be put up to public auction at the upset price of the annual value of the land only (to be fixed by valuation), without regarding the value of any buildings or improvements thereon, subject to a condition that in the event of any person other than the lessee, his executors, administrators’, or assigns, becoming entitled to the new lease, then such person shall, before being let into possession, pay to the lessee, his executors, administrators, or assigns, the value of such buildings and improvements (to be fixed by valuation), whether erected or made by the lessee, his executors, administrators, or assigns, or any former lessee or tenant of all or any part of the lands included in the lease; or
(iii.)
With a provision that the lessee, his executors, administrators, or assigns, may, at any time prior to the expiration of the term, at his or their option, either have a new lease as provided by subparagraph (i) hereof, or have a new lease put up to public auction under subparagraph (ii) hereof.
(2.)
Any such lease may be for mining or quarrying purposes.
Amended provisions with respect to leasos. 1906. No. 56. sec. 5(1)
(3.)
Where a lease granted before the twenty-ninth day of October, one thousand nine hundred and six (being the date of the coming into operation of “The Municipal Corporations Amendment Act, 1906”
), under the provisions of paragraph (2) of section one hundred and ninety-two of “The Municipal Corporations Act, 1900,”
contains a provision that the lessee, his executors, administrators, and assigns, may at any time prior to the expiration of the term have a new lease for a further term not exceeding twenty-one years containing the same covenants and provisions at a rent to be fixed by valuation, such valuation shall be made without regarding the value of any buildings or improvements on the leased land.
137 Valuations, how to be made.
1900, No. 50, sec. 193
Every valuation under paragraph (b) of the last preceding section shall be made by three independent persons, one to be appointed by the Corporation, one by the lessee, his executors, administrators, or assigns, and the third by such two appointed persons; and the lease may contain any subsidiary matter to give due effect to the provisions of the said paragraph.
138 Conditions of leasing.
Ibid, .sec. 194 1906. No. 56, sec. 13(A)
The powers of leasing given by this Act shall be subject to the conditions and exceptions following:—
(a.)
Every lease shall, except in case it is otherwise specially provided, be sold by public auction or public tender, of which public notice shall be given at least once not less than thirty days before such sale and twice after such first notice and before such sale:
Provided that a lease which has been offered as aforesaid and not sold may, at any time within twelve months there-after, be sold by private contract, at a rent not less than the reserved rent when it was so offered.
(b.)
Every lease shall take effect in possession or within six months from its date.
(c.)
The rent reserved shall, subject to the provisions of this section, be a rack-rent, without fine, premium, or fore gift, but need not be uniform for the whole term.
(d.)
The amount paid for valuation of buildings and improvements by an incoming tenant to either the outgoing tenant or the Council shall not be deemed to be a premium.
(e.)
Every such lease may contain such covenants, conditions, and provisions, not being contrary to this Act, as the Council thinks fit.
139 Land may be let for abort periods in certain cases.
1900, No. 50, sec. 195
Notwithstanding anything hereinbefore contained, the Council may let or agree to let any of its lands or other property by private contract or otherwise for not exceeding a yearly tenancy.
140 Reserves for health or recreation.
Ibid, sec. 196
(1.)
No lands or buildings appropriated to the use or enjoyment or recreation of the inhabitants of the borough shall be let under this Part of this Act; but the Council may, in manner provided in paragraphs (a) and (e) of section one hundred and thirty-eight hereof, let the pasturage of such lands for any period not exceeding one year, so nevertheless that the public shall not be in anywise restricted in the use and enjoyment thereof.
Building on recreation reserves prohibited. 1903, No. 41, sec. 20
(2.)
Where any land vested in the Corporation or the Council for purposes of recreation or public utility is leased, the lessee shall not erect thereon any dwellinghouse or business premises, notwithstanding anything to the contrary in his lease.
(3.)
The last preceding subsection shall extend and apply to all such leases granted on or after the eighteenth day of November, one thousand nine hundred and three (being the date of the coming into operation of “The Municipal Corporations Amendment Act, 1903”
).
141 Surrenders of leases may be accepted.
1906, No. 56, sec. 6
The Council may by special order, on such terms as it thinks fit, accept a surrender of any lease; and may again, subject to the provisions of this Act, lease the land comprised in the surrendered lease; or, if it thinks fit, may grant to the former lessee a new lease for the remainder of the term of the surrendered lease at a rent to be fixed by the Council by special order either before or after the surrender, and on any terms or conditions authorised by this Act.
142 Council may reduce rents.
1900, No. 50, sec. 198
The Council may, at any time or times during the currency of a lease, by special order reduce the rent to be thereafter paid.
143 Leases may be granted to subtenants.
Ibid, sec. 199
(1.)
The Council may, with the consent of the lessee, grant to a sublessee from such lessee a lease direct from such Council of the whole or any part of the land comprised in the lease to such lessee for the whole residue of the term created by such last-mentioned lease.
Sublease upon agreement to lease. Ibid, sec. 200
(2.)
This section shall also apply where only an agreement for the head lease has been entered into.
144 Leases of lands held as endowment or reserve, or for public work.
Ibid sec. 201
The Council may, subject to the provisions of this Act, let or lease any land, building, or personal property held by the Corporation or controlled by the Council as a reserve or for the purposes of any public work, or for any special purpose (other than the use, enjoyment, or recreation of the inhabitants), or grant any rights, easements, or privileges over the same, for, in either case, any term not exceeding twenty-one years, if the Council resolves by special order that such land, building, or personal property is not likely to be required during the proposed tenancy for the purpose for which it is held or controlled, or that the rights, casements, or privileges proposed to be granted will not interfere with the proper use of such land, building, or personal property.
145 Protection of title of tenant taking in good faith.
1900, No. 50, sec. 202
The title of any tenant or lessee of the Corporation, or any person claiming under him, if (in each case) acting in good faith, shall not be prejudiced or affected by reason of the non-compliance on the part of the Council with any direction of this or any other Act requiring the calling for tenders, submission to auction, passing of special order, or other matter preliminary to the execution of the lease.
Part XX PUBLIC WORKS
146 Powers of Council.
Ibid, sec. 203 1906, No. 56. sec. 13(i)
The Council shall have power—
(a.)
To enter, by itself or its officers, agents, or servants, without being deemed to commit trespass, upon any unoccupied land or buildings, or upon any occupied land or buildings after giving to the occupier thereof twenty-four hours previous notice of such intended entry, for the purpose of making any surveys or doing anything which the Council is empowered to do under the provisions of this Act:
(b.)
To make surveys or inspections for or in connection with any proposed public work, or with a view to carrying out any of the purposes of this Act, and for any such purpose to exercise all or any of the powers given by Part V of “The Public Works Act, 1908,”
for the purposes of that Act, all of the provisions of which shall, subject to the last preceding paragraph apply to any survey or inspection made hereunder, and to any survey-mark or other thing made, fixed, or set up in connection therewith:
(c.)
To take, purchase, or otherwise acquire, in the manner provided by “The Public Works Act, 1908,”
and hold, any land, whether within or without the borough, which may be necessary or convenient for the purposes of or in connection with any public work which the Council is empowered to undertake, construct, or provide, or for carrying out any of the purposes of this Act:
(d.)
To erect, construct, and maintain within the borough any public works which, in the opinion of the Council, may be necessary or beneficial to the borough, whether such works are to be or have been constructed within or without the borough; and in carrying out or executing any such works the Council, on behalf of the Corporation, shall have and may exercise all the powers and authorities given to local authorities by “The Public Works Act, 1908.”
147 Land taken, &c., to be vested in Corporation.
1900, No. 50, sec. 204
All land taken, purchased, or acquired under the last preceding section shall be vested in the Corporation.
148 Compensation.
1900. No. 50, sec. 205
Every person who has any estate or interest in any land or building taken for any of the purposes of this Act, or in any land or building injuriously affected by the construction under this Act of any public work, shall be entitled to full compensation for the same, which may be claimed and shall be determined in the manner provided by “The Public Works Act, 1908.”
149 Council not to interfere with works under control of Minister of Public Works.
Ibid, sec. 206
Nothing in this Act shall authorise the Council to interfere with any public works carried on or executed by or under the control of the Government without the consent in writing of the Minister of Public Works.
150 Council not to create a nuisance.
Ibid, sec. 207
Nothing in this Act shall be deemed to entitle the Council to create a nuisance, or to deprive any person of any right or remedy he would otherwise have against the Corporation or any other person in respect of any such nuisance.
Part XXI COMPOUNDING
151 Council may make compositions.
Ibid, sec. 208
The Council may compound, compromise, or submit to arbitration any claim, debt, sum of money, action, or demand made, owing, or brought either by or against the Corporation.
DIVISION VI Particular Powers of the Council
Part XXII STREETS
152 Interpretation.
Ibid, sec. 209
(1.)
“Street” means the whole of any land lying within any borough which—
(a.)
Immediately before the date of the constitution of the borough was a public highway under the control, as such, of any Borough Council, County Council, Road Board, or Town Board:
(b.)
Is laid out by the Council as a public highway after the date of such constitution:
(c.)
For twenty years next before the date of such constitution has actually, and whether legally or not, been maintained and controlled as a public highway by any one or more of such local authorities and used by the public.
(2.)
“Private street” means any roadway laid out within a borough on private property by the owner thereof, but intended for the use of the public generally; and includes any such roadways as afore-said that, on the coming into operation of this Act, are laid out within any borough.
(3.)
“Footway” means so much of any street as is laid out or constructed by authority of the Council for foot-passengers only, and includes the edging and kerbing thereto in cases in which edging or kerbing either exists or is required by the Council to be made.
(4.)
“Private way” means any way or passage whatsoever over private property within a borough, the right to use which is confined or intended to be confined to certain persons or classes of persons, and which is not thrown open or intended to be open to the use of the public generally; and includes any such way or passage as aforesaid which, on the coming into operation of this Act. exists within any borough.
1900, No. 50, sec. 211 1900, No. 56, sec. 13(f)
(5.)
“Street” and “private street” include every public square or public place, and every bridge, culvert, drain, channel, footway, ferry, ford, gate, building, or other thing belonging thereto, or lying upon the line or within the limits thereof.
(6.)
No private way shall exceed twenty feet in width, measured at right angles to its course.
Construction and Maintenance General
153 Property in and control over and general powers in regard to streets.
1900, No. 50, sec. 212
(1.)
All streets and the soil thereof, and all materials of which they are composed, shall by force of this Act vest in fee-simple in the Corporation. There shall also vest in such Corporation all materials placed or laid on such streets in order to be used for the purposes thereof.
(2.)
All streets shall be under the control of the Council.
(3.)
Every street shall be not less than sixty-six feet wide, measured at right angles to its course.
(4.)
The Council shall have power in respect of every street to do the following things:—
(a.)
To construct and repair all streets with such materials and in such manner as the Council thinks fit:
(b.)
To make surveys for the laying-out of new streets:
(c.)
To lay out new streets:
(d.)
To divert or alter the course of any streets:
(e.)
To increase or to diminish the width of any street, provided that the width shall in no case be diminished to less than sixty-six-feet:
(f.)
To determine what part of a street shall be a carriage-way, and what part a footway only:
(g.)
To alter the level of any street:
(h.)
To wholly stop up any street or part of a street in the manner and upon the conditions set out in the Seventh Schedule hereto:
Provided that no street along the bank of a river or alone the margin of the sea shall be stopped:
(i.)
To temporarily stop the traffic on any street or part thereof whilst such street, or any drain, water-race, pipe, or apparatus under, upon, or over the same, is being constructed or repaired:
(j.)
To make and use a temporary street upon any unoccupied land whilst the street adjacent, thereto is being constructed or repaired:
(k.)
To erect upon any part of a street any shaft or structure in connection with any drain or system of drainage, and to enclose and plant any part of a street, and to erect upon any street any monument, statue, or other such erection:
Provided that in each case mentioned in this paragraph the ordinary traffic shall not, in the opinion of the Council be thereby impeded:
(l.)
To name and to alter the name of any street:
(m.)
To sell the surplus spoil of streets.
Highways on Boundaries of Boroughs
154 Public highways and streets on boundaries of boroughs.
1900, No. 50, sec. 213
(1.)
Where a public highway lies along the boundary of two boroughs, whether included entirely in one borough or partly in one and partly in the other, or in neither, the control of such public high-way shall be vested either wholly in one of the Councils of such boroughs, or as to part thereof in one of them and part thereof in the other, as may be mutually agreed, and the cost of the construction and maintenance of the whole or any part thereof shall be apportioned between such Councils in such manner as may be agreed upon between such Councils.
(2.)
The control of any such public highway, or the apportionment of the cost of construction and maintenance thereof, may in like manner be altered from time to time.
(3.)
Where a public highway lies along the boundary of a county and a borough, whether included entirely in the county or borough or partly in one and partly in the other, or in neither, such public high-way shall be under the control of the Borough Council, and the County Council shall contribute a reasonable share of the cost of its construction and of the annual cost of maintaining it.
(4.)
Any public highway or part thereof the control of which is vested in a Borough Council under this section shall vest in the Corporation, and such Council shall have all such powers and liabilities in respect thereof as it has in respect of streets within its jurisdiction.
(5.)
Where a public highway or part thereof is under the control of one Council, and another Council is liable either by agreement or otherwise to contribute to the cost of the construction or maintenance thereof, any amount for which such last-mentioned Council is so liable may be recovered from it by such first-mentioned Council in any Court of competent jurisdiction.
155 Level of road on boundary.
Ibid, sec. 214
In. the case of any public highway coming within the provisions of the last preceding section, and in the case of any road or street crossing the boundary of a borough or county, or meeting another road or street on such boundary, it shall not be lawful to alter the level of any such public highway, road, or street on or along such boundary, or at such point of crossing or meeting, unless the Councils concerned agree as to the new level.
156 Public highway on boundary of borough and town district.
Ibid, sec. 215.
The provisions of subsections one, two, four, and five of section one hundred and fifty-four hereof, and the provisions of section one hundred and fifty-five hereof, shall, mutalis mutandis, apply to the case of a public highway lying along the boundary between a borough and a town district.
157 Share payable by Road Board.
Ibid, sec. 216
The share of cost to be contributed under subsection three of section one hundred and fifty-four hereof shall be contributed by the Board of any road district bounded by the public highway, instead of by the County Council.
158 Magistrate to decide disputes.
Ibid, sec. 217
In default of any agreement being come to by the local authorities concerned as to any matter coming within sections one hundred and fifty-four to one hundred and fifty-seven, a Magistrate sitting in any Magistrate’s Court in the locality affected may decide such matter, and may also settle all disputes whatever under the said sections, with power to award costs against any party.
Road beyond Borough
159 Council may contribute to adjoining local authority.
1900, No. 50, sec. 218
The Council may from time to time contribute from the Borough Fund towards the funds of any adjoining local authority for the maintenance, repair, widening, or otherwise improving any public highway which is outside the limits of such borough but is in great measure used by the inhabitants thereof for purposes of recreation, health, convenience, or other purpose of public utility.
Bridges and Ferries benefiting more than one District
160 Local authorities benefiting by construction of bridge, ferry, &c., may bo compelled to contribute thoreto.
Ibid, sec. 219
(1.)
Where the Council of any borough desires to construct, lengthen, or wholly or partially rebuild, or make approaches or protective works to, a bridge, or to establish a ferry or ford with any appliances or approaches or protective works thereto, in any position that will in its opinion be of advantage and benefit to the whole or any considerable portion of the inhabitants of an adjacent borough or county or other district as well as to the inhabitants of its own district, and where it is, in the opinion of such Council, reasonable that the local authority of such adjacent district should contribute to the cost of constructing or establishing any such work, the following provisions shall have effect:—
(a.)
The Council shall prepare such plans, specifications, and estimates, and give such notices and make such deposits, as are prescribed.
(b.)
The Governor may also from time to time make regulations prescribing the manner and time in which applications to the Governor for power to construct the work shall be made, and in which objections thereto shall be made and considered and dealt with.
(c.)
If the Governor is of opinion that the work should be done, he may, by warrant under his hand gazetted, authorise the Council to execute the work, and may declare that a proportion of the cost thereof, to be mentioned in such warrant, shall be borne by any other local authority, and such proportion shall be demanded and recovered in the prescribed manner.
(d.)
The control of the work shall be deemed to be vested in the Council which constructed or established it, subject to the next succeeding section.
Loan may be raised.
(2.)
For the purpose of complying with any order made upon it under this section or under any Act, a Borough Council may raise a special loan without taking any poll thereon.
161 Governor may vest control of bridge, ferry, or ford in Council, and apportion cost of maintenance.
Ibid. sec. 220 1902, No. 59, sec. 22
The following provisions shall apply with respect to bridges, ferries, and fords:—
(a.)
The Governor may from time to time by Proclamation direct—
(i.)
That any bridge, ferry, or ford whatever shall, from and after a date to be fixed in such Proclamation, be under the exclusive care, control, and management of the Minister of Lands, or of such Borough Council or other local authority as is mentioned in that behalf in such Proclamation; and also
Revenues to be considered in apportioning maintenance.
(i.)
That all or some stated part of the cost of maintaining, repairing, improving, or reconstructing any such bridge, or any approaches or protective works thereto, or of managing and maintaining any such ferry or ford, and the machinery and appliances used therewith, or any approaches or protective works thereto, shall be paid by any local authority or local authorities at such time, to such person, and in such manner as are stated in the Proclamation; and in so doing may take into account the net revenue (if any) derived from such bridge, ferry, or ford.
Governor may direct inquiries.
(b.)
The Governor may from time to time, by regulations in that behalf, direct any inquiries into and reports upon any matter touched by this section, and provide for the payment of the costs thereof, and direct the mode of recovery of any moneys, and generally make provisions for giving effect to this section.
Power to Minister to maintain bridge, &c., in case of refusal by Council, and recover cost.
(c.)
In case any Borough Council neglects to maintain, work, improve, repair and keep in a fit state, or reconstruct any bridge, ferry, or ford under its control, the said Minister may undertake any such work with all the powers of such Council, and may recover all costs incidental to his so doing from such Council as a debt due to the Crown in any Court of competent jurisdiction.
Contracts and Leases relating to Ferries
162 Council may let erry for fourteen years.
1900, No. 50, sec. 221
The Council having control of a ferry may let such ferry, either alone or together with the whole or any part of any public reserve vested in such Council for the purposes of a ferry or ferries, for a term not exceeding fourteen years, for such rent and on such terms and conditions as to the maintenance of such ferry as the Council thinks fit, and without submitting such lease to public auction or public tender:
Provided that prior to granting any such lease for any term exceeding three years the proposed terms and conditions thereof shall be publicly notified for at least two months.
Miscellaneous
163 Council to take precaution against accidents.
Ibid, sec. 222
The Council shall take all sufficient precautions to prevent accidents during the construction or repair of any street, or when any opening is made therein for the repair of drains or gas-pipes or for any other purpose, by erecting bars or fences across any such street or round any dangerous place therein, or otherwise, and shall cause any such dangerous place to be sufficiently lighted by night; and any person removing any such protective work, or removing or extinguishing any such light, without the authority of the Council is liable to a fine not exceeding ten pounds.
164 Council may require pipes and drains to be altered.
Ibid, sec. 223
The Council may, by notice in writing, require the owner of any water-pipe, gas-pipe, drain, or other apparatus in or under a street to raise, lower, or otherwise alter the same as the Council directs, and if such alteration is not made with all convenient speed the Council may make the same as it thinks fit; but the cost of any such alteration and any damage occasioned thereby shall be paid by and may be recovered from the Council by any person affected thereby.
165 Saving of liability of tramway owner, &c.
1900, No. 50, sec. 224
Nothing in this Act shall be deemed to in any way affect the liability of any owner, lessee, or promoter of a tramway (other than the Council) in respect to the repair of any part of any street.
166 Council may make, cycle-tracks.
1903, No. 41, sec. 18
(1.)
The Council may on any existing street, or on any street hereafter made, construct a public cycle-track for the use of cyclists only, and may make by-laws regulating and controlling the use of such cycle-track.
Trespass on cycle-truck. Ibid, sec. 19
(2.)
Every person who, except for the purpose of obtaining access to any premises, drives any vehicle, rides or leads any horse, or wilfully allows any horse or any cow or other beast to stray upon any public cycle-track within the boundaries of a borough, whether such cycle-track has been constructed by the Council or not, and whether it is situate alongside a road or street or not, is liable to a fine not exceeding five pounds for every such offence.
Footways and Channels
167 Footways and channels.
1900, No. 50, sec. 225
The Council may lay out or construct footways or channels, or both, on one or both sides of any street, and may construct the same of such dimensions, and of such materials, and in such manner in all respects as it thinks fit, and may impose not exceeding one-half of the cost of such works upon the owners of lands and buildings fronting the same.
Private Streets and Private Ways
168 Private streets to be 66 ft. wide.
Ibid, sec. 226
Every private street shall be sixty-six feet wide, measured at right angles to its course.
169 Restriction as to forming private streets.
Ibid, sec. 227
No person shall lay out or make any private street or private way, or grant or reserve a right of way over any private way in any borough, except by permission of the Council; and, subject to the provisions of this Act as to minimum of width in the case of private streets, the Council in granting any such permission may impose such conditions as to width, levels, entrances, course, formation of footways, cost of formation, maximum number of buildings to be erected fronting any such private street or private way, minimum distance between any two buildings if dwellinghouses, position of building-line, and otherwise in all respects whatsoever as the Council thinks fit.
170 Making new street or way contrary to Act.
Ibid, sec. 228
If any person lays out or makes, or permits or allows to be open for use, any private street or private way, or grants or reserves any right of way, contrary to the provisions of this Act, or refuses or neglects to perform, observe, or keep any condition imposed by the Council as aforesaid, he commits an offence, and is liable to a fine not exceeding ten pounds for every day during which such offence continues after the day on which he receives notice from the Council that such offence has been committed.
171 Registration prohibited of illegal streets and ways.
Ibid, sec. 229
No plan, deed, or instrument of any kind whatsoever whereby any private street or private way contrary to the provisions of this Act is created, recognised, referred to, granted, or reserved shall be received for deposit or registration under “The Deeds Registration Act, 1908,”
or under “The Land Transfer Act, 1908.”
172 District Land Registrar to note conditions.
Ibid, sec. 230
The District Land Registrar shall enter upon the certificate of title, memorandum of lease, or other proper instrument a note of all conditions imposed as aforesaid by the Council which are contained in or indorsed upon any instrument or plan presented to him for registration or deposit, and such noted conditions shall be deemed to constitute a registered incumbrance under “The Land Transfer Act, 1908.”
173 Powers of Council over private streets.
1901, No 50, sec. 231 1902, No. 59, sec. 23
With respect to any private street the Council—
(a.)
May require any projection or obstruction in or over any part thereof to be removed at the expense of the person causing the same or to whom the same belongs:
(b.)
May, by notice in writing, require the owners of land or buildings abutting on such private street to construct or repair the same, with the footways, kerbing, and channelling thereof:
Every such owner shall be liable for the construction and repair of so much of such private street as lies between his land and the middle-line of such street:
(c.)
In case of default, may execute the said works, and recover the cost from the owners in the aforesaid proportions.
174 Application of preceding section to private ways.
1900, No. 50, sec. 232
The provisions of the last preceding section shall apply to every private way, being not less than twenty feet in width, which for the time being serves as an approach to more than five buildings which, or the lands belonging to which, front upon such private way.
175 Private streets, &c., may be declared public.
Ibid, sec. 233
(1.)
The Council may by special order—
(a.)
Declare any private street not less than sixty-six feet wide to be a public street:
(b.)
Declare any private street within the meaning of any Act in force at the time of its being laid out, and which was laid out within a borough at any time prior to the second day of November, one thousand eight hundred and seventy-eight, and is twenty feet or more in width, to be a public street:
(c.)
Declare any private street or right-of-way within the meaning of any Act in force at the time of its being laid out, and which was laid out within a borough on or after the second day of November, one thousand eight hundred and seventy-eight, but before the first day of January, one thousand eight hundred and eighty-seven, and is of not less width than forty feet, to be a public street.
(2.)
Provided that every private street or right-of-way mentioned in this section shall first be properly formed and constructed by the owners thereof or frontagers thereto.
176 On fulfilment of requirements, to be public street;
Ibid, sec. 234
On fulfilment by the owner of the land of the requirements of the Council and of this Act in respect of any private street or right-of-way, the same shall by special order of the Council be declared to be a public street.
177 And to vest in the Corporation.
Ibid, sec. 235
Every private street and right-of-way declared to be a public street as aforesaid shall become a street vested as such in the Corporation.
Special Exemption As to Width of Streets and Private Streets
178 In certain cases streets may be less width than 66 ft.
Ibid, sec. 236 1902, No. 59, sec. 24
(1.)
Where the configuration of any borough is such as that within any particular area or areas thereof it is difficult or inexpedient to lay off streets of the width of sixty-six feet as required by this Act, on application by the Council, the Governor may, by Order in Council defining the limits of such particular area or areas, authorise the Council to permit within such area or areas the laying-off of streets and private streets of a width less than sixty-six feet, but not less than forty feet.
(2.)
Within the limits so defined the provisions of subsection three of section one hundred and fifty-three, and of section one hundred and sixty-eight hereof shall not apply.
Proceedings for Unlawful Laying-out of Streets and Private Streets
179 Penalty for laying out street of less than legal width.
1900, No. 50, sec. 237
(1.)
Every Mayor or Councillor who consents to the laying-out of any street or private street as of a less width than that required by law, or to any other unlawful act in relation to the width of a street or private street, shall for each such offence be liable to a fine not exceeding fifty pounds.
(2.)
It shall be the duty of the Attorney-General to take proceedings under this section, and the fines recovered by him shall be paid into the Consolidated Fund.
Attorney-General to institute proceedings.
(3.)
It shall also be the duty of the Attorney-General to institute such proceedings as may be necessary or expedient for preventing the laving-out or proposed laying-out of any street or private street as of a less width than required by law, or any other unlawful act in relation to the width of a street or private street.
Setting Back Building-Line
180 By-laws relating to new buildings.
Ibid, sec. 238
(1.)
The Council may from time to time make by-laws requiring that when new buildings are erected, or any buildings are rebuilt or re-erected, or are substantially rebuilt or re-erected, such buildings shall not stand within thirty-three feet from the middle line of any street or private street specified in the by-law.
(2.)
In the alternative, the Council may from time to time make by-laws requiring that any such new or other buildings on one side of a street or private street shall not stand within sixty-six feet from the opposite side line of the street or private street.
(3.)
Any such by-law may prohibit the adoption of any methods or devices for evading the spirit of this section.
(4.)
Every person having any estate or interest in any land or building injuriously affected by the operation of any such by-law shall be entitled to full compensation, to be claimed and ascertained under “The Public Works Act, 1908.”
Altering and Stopping Streets, and laying out New Streets
181 Council to exorcise certain powers as to streets by special order only.
Ibid, sec. 239
The Council shall exercise the power to make any new street, or divert or widen or diminish the width of or stop any existing street, or to alter the name of a street, only by special order in that behalf.
182 Council may sell land not required for street.
Ibid, sec. 240
(1.)
Where in diverting or stopping or diminishing the width of any street any part thereof is no longer required for public use, the Council may sell such part to the owner or owners of any adjoining lands for a price to be fixed by a competent valuer appointed by the Council to value the same; and if no such owner or owners is or are willing to purchase the land at the price fixed, the Council may sell or lease the same by public auction; and a conveyance or lease under the seal of the Corporation shall constitute a good and valid title to such land.
(2.)
In lieu of selling or leasing the land as aforesaid the Council may apply the same, or any part thereof to any purpose of public convenience or utility approved by the Governor in Council, or with the like approval may grant a lease of the same for such term and on such conditions as it chinks fit for any purpose of public utility.
183 Council may acquire land for extending, diverting, or widening streets.
1900, No. 50, sec. 241
(1.)
Where for the purpose of laying out any new street, or in order to divert, extend, or widen any existing street, the Council deems it expedient to acquire more land on either or both sides of such proposed street than is required for such purpose, such Council may take, purchase, or otherwise acquire such land
(2.)
When the work has been completed the Council may sell or lease any surplus area, as provided in the last preceding section.
Levels of Streets
184 Map of borough.
Levels of streets. Ibid, sec. 242
(1.)
The Council shall cause a map of the borough to be made, within two years from the constitution of the borough, showing all the streets and private streets therein, with the levels thereof, as the same are or are intended to be, or will be required to be permanently constructed; and such map shall be open for public inspection at the office of the Council.
(2.)
Every such map made under “The Municipal Corporations Act, 1900,”
shall be deemed to have been made under this Act.
185 Buildings to be erected with regard to levels of streets.
Ibid, sec. 243
All buildings erected within the borough, and all private streets, shall be constructed with reference to the levels shown upon the said map.
186 Until map, Council may fix levels of streets.
Ibid, sec. 244
(1.)
The Council may at any time, either before or after the making of such map, fix the level of any street or private street, subject to the conditions set out in the Eighth Schedule hereto.
(2.)
All levels fixed under “The Municipal Corporations Act, 1900,”
shall be deemed to have been fixed under this Act.
187 Levels of certain streets may be fixed without notice.
Ibid, sec. 245
The Council may fix the level of any street or private street upon which no building or land belonging to a building fronts, without complying with conditions one to five of the said Eighth Schedule.
188 When compensation payable for alteration of level.
Ibid, sec. 246
No compensation shall be payable by the Council in respect of an alteration in the level of any street or private street, unless such alteration has been made after such level has been fixed under this Act, or after such street has been constructed in some permanent manner by any local authority having the power to do so.
189 Person building without regard to level liable for cost.
Ibid, sec. 247
Any person who builds any house or other building abutting on a street or private street without regard to the level thereof fixed under this Act shall be liable to pay to the. Council any expenses which the Council deems it necessary to incur in altering the level or construction of such street or private street adjacent to such building.
190 Right to lateral support.
Ibid, sec. 248
(1.)
The common-law rule as to support shall obtain as between the Corporation as the owner of any street and the owners of land abutting thereon.
(2.)
It shall be lawful for the Council to throw the batter or make the slope of any street upon any land, subject, however, to the payment of compensation, to be claimed and ascertained under “The Public Works Act, 1908.”
Injuries to and Nuisances on Streets
191 Penalties for injuries to streets.
1900, No. 50, sec. 249
Every person who, not being authorised by the Council or by any Act,—
(a.)
Encroaches on a street by making or erecting any building, fence, ditch, or other obstacle or work of any kind upon, over, or under the same, or planting any tree or shrub thereon:
(b.)
Places or leaves on a street any timber, earth, stones, or other thing:
(c.)
Digs up, removes, or alters in any way the soil or surface or scrapings of a street:
(d.)
Allows any water, tailings, or sludge, or any filthy or noisome matter, to flow from any building or land in his occupation on to a street:
(e.)
Causes or permits any timber or other heavy material, not being wholly raised above the ground on wheels, to be dragged on a street:
(f.)
Causes or negligently allows any retaining-wall, foundation-wall, or fence erected on any land, or any batter or slope of earth, or any building, erection, material, or thing, to give way or fall so as to injure or obstruct a street:
(g.)
Does or causes or permits to be done any act whatsoever by which any injury is done to a street or any work or thing in, on, or under the same,—
is liable to a fine not exceeding ten pounds for every day upon which such offence is committed or suffered to continue, and to a further sum equal to the cost incurred by the Council in removing any such encroachment, obstruction, or matter, or in repairing any injury done as aforesaid:
Provided that no fine shall be imposed unless the information or complaint is laid by authority of the Council or some officer thereof.
192 Council may recover expenses for repairs to streets damaged by excessive weights.
Ibid, sec. 250
Where the Council incurs extraordinary expenses in repairing a street by reason of the damage caused by excessive weight passing along the same, or extraordinary traffic thereon, the Council may recover such expenses as a debt from any person by whose order such weight or traffic has been conducted.
193 Council may require owner of land to fence.
Ibid, sec. 251
Whenever the public health, safety, or convenience renders it expedient, the Council may require the owner or occupier of any land not separated from a street by a sufficient fence to enclose the same by a fence to the satisfaction of the Council.
194 Council may require dangerous places to be secured.
Ibid, sec. 252
The Council may require the owner or occupier of any land upon which there is any hole, well, excavation, or other place dangerous to persons passing along any street, forthwith to fill in, cover, or enclose the same.
195 Notice to be given before constructing cellar.
Ibid, sec. 253
Where the owner or occupier of any ground proposes to construct a cellar, or make any other excavation, within sixty-six feet from any street, private street, or any adjoining property, he shall give notice of his intention to the Council, whose consent must first be obtained to the commencement of such work; and the owner or occupier shall cause such cellar or excavation to be so constructed or made that it cannot become a receptacle for stagnant water or other impure matter.
196 Removal of overhanging trees and gorse, &c., from streets.
1900, No. 50, sec. 254 1906, No. 56, sec. 13(k)
(1.)
The Council may, by order in writing under the hand of the Mayor or the Clerk, require the occupier, or in case there is no occupier, then the owner, of any land abutting upon any street within the borough to do any of the following acts:—
(a.)
To remove, lower, or trim to the satisfaction of the Council any tree or hedge overhanging or overshadowing such street in cases where, in the opinion of the Council, such removal, lowering, or trimming is necessary in order to prevent injury to the street or obstruction to the traffic thereon or to any channel, ditch, or drain appertaining thereto; and
(b.)
To cut down or grub up, as the Council directs, and remove all obstructions to traffic or drainage arising from the growth of plants or the spreading of roots upon or under such street, up to the middle line thereof, along the whole frontage of the land occupied or owned by him.
(2.)
Within ten days after service of the order such occupier or owner may, by complaint under “The Justices of the Peace Act, 1908”
(the provisions whereof shall, mutatis mutandis, apply), require the local authority to appear before a Magistrate to show cause why the order should not be set aside.
(3.)
On the hearing of the complaint the Magistrate, whose decision shall be final, shall determine whether the order should or should not be set aside, and in the former case the order shall be deemed to be void.
(4.)
In the case of an order which is not set aside as aforesaid, if such occupier or owner fails to do any such act in compliance therewith within two months from the service thereof, or where complaint as aforesaid has been heard, then within two months after the hearing, he is liable to a fine not exceeding one pound for every day thereafter during which such failure continues, and the Council may enter on the land and do such act and recover the cost from him.
(5.)
The said cost shall be a charge upon the land, and may be recovered as rates are recoverable.
(6.)
In any case where the Council might make any such order as aforesaid in respect of any land, any ratepayer may, by notice in writing, request the Council to do so.
(7.)
If for the space of twenty-eight days after the receipt of such notice the Council fails to comply therewith, the ratepayer may, by complaint under “The Justices of the Peace Act, 1908”
(the provisions whereof shall, mutatis mutandis, apply), call upon the Council to appear before a Magistrate to show cause why the notice should not be complied with.
(8.)
On the hearing of such complaint the Magistrate shall determine whether and to what extent the notice should be complied with by the Council, and his decision shall be final.
(9.)
Any order made by the Council pursuant to the Magistrate’s decision shall be subject to the provisions of subsections two and three of this section.
(10.)
For the purposes of this section—
“Cut down” means cutting down and keeping cut down the stem and roots of any plants so as to prevent their throwing out any leaf, offshoot, or flower; and
“Plants” means and includes gorse, sweetbriar, blackberry, acacia, broom, and fennel.
Cattle Straying on Streets
197 Cattle straying on streets may be impounded.
1900, No. 50, sec. 255
If cattle are found straying on a street, the Council or any person may cause such cattle to be taken to the nearest public pound, whether in or out of the borough, to be dealt with as in the case of cattle lawfully impounded.
Tolls at Bridges and Ferries
198 Council may establish toll-gates at bridges and ferries.
Ibid, sec. 250
The Council may by special order establish toll-gates and take tolls at any bridge or ferry within the borough or under the control of the Council, and for such purpose may do all or any of the following things:—
(a.)
May appoint and discharge collectors of tolls:
(b.)
May place on a street toll houses, gates, and bars, ferry houses and posts, and other things necessary for working a ferry, and provide boats and punts for the use of any ferry:
(c.)
May from time to time fix the scale of tolls to be collected at any toll-gate or ferry upon all persons, cattle, or vehicles passing the same, and may revoke or alter such scale.
199 Conditions under which tolls may be taken.
Ibid, sec. 257
No toll shall be payable unless the following conditions are observed, that is to say:—
(a.)
The scale of tolls shall be publicly notified for fourteen days before becoming first payable.
(b.)
The name of the toll-gate or ferry, and the name in full of the collector, and the scale of tolls, shall be painted in black letters not less than two inches in length on a white board, and placed in a conspicuous place on or near the toll-house or ferry-house, so as to be conveniently read by every person from whom a toll is demanded.
200 Persons exempt from tolls.
Ibid, sec. 258
The persons, cattle, and vehicles mentioned in the Ninth Schedule hereto, and every animal and vehicle employed solely in carrying such persons or their tools and materials, shall be exempt from tolls.
201 Ferries.
Ibid, sec. 259
The three last-mentioned exceptions in the said Ninth Schedule do not apply to tolls payable at a ferry.
202 Plying for hire across a stream near a bridge or ferry.
Ibid, sec. 260
If any person hires or plies for hire in any boat or punt across any river, stream, or creek within half a mile in a straight line from any public ferry in working-order, or bridge open for traffic across the same, at which tolls are payable, he is liable to a fine not exceeding five pounds for each such offence.
203 Regulations may be made.
Ibid, sec. 261
The Governor may from time to time make regulations prescribing the manner in which, and term for which, and conditions upon which any such tolls may be leased, and regulating the dis training for or recovery of tolls, and compensation for non-payment thereof, and imposing fines for non-payment or evasion of tolls, and prescribing the duties of toll-collectors, and fines for breach thereof, and any other regulations in connection with such tolls.
204 Compensation if tolls not levied.
Ibid, sec. 262
Nothing in this Act shall be construed to limit or interfere with the right to levy tolls on any bridge, ferry, tramway, or toll-gate granted to any person or persons during the period for which such tolls have been so granted, except on payment of adequate compensation.
205 Existing tolls to be tolls under this Act.
1900, No. 50. sec. 263
All tolls which might be lawfully taken immediately before the coming into operation of this Act in respect of any bridge or ferry within any area becoming a borough, or controlled by the Council, shall, subject to the exemptions contained in this Act, be deemed to be tolls made under this Act; and all the provisions of this Act and of all regulations made thereunder shall apply accordingly.
Ferry Services
206 Ferry services.
Ibid, sec. 264
(1.)
The Council may establish ferry services between termini within or partly within and partly without the borough, and may purchase or hire steamers and other vessels for that purpose, and may fix the fares and generally regulate the services.
(2.)
The Council may make by-laws for licensing any vessels plying between termini within the borough for the carriage of passengers for hire, and for preventing unlicensed vessels from so plying, and also fixing the maximum fares and tolls to be charged for the carriage of passengers and goods on such vessels, and the times of running and the route, and generally regulating the services.
(3.)
The powers of this section may be exercised by any two or more local authorities jointly whose districts arc benefited by any service, and the powers given by subsection two may be jointly exercised as regards vessels plying between termini within the several districts of two or more local authorities.
(4.)
For the purposes of this section a terminus shall be deemed to be within a district if it is on the borders or in the close vicinity of the same, and is not in another borough, or in a county, road district, or town district.
Part XXIII DRAINAGE AND SANITATION
GENERAL
207 Public drains vested in Corporation.
Ibid, sec. 265
Every public drain in the borough shall be deemed vested in the Corporation.
208 Covered drains used for twenty years deemed public drains.
Ibid, sec. 266
Without prejudice to the wider meaning of the term “public drain,”
it is hereby declared that every covered drain in a borough that has actually, and whether legally or not, been under the control of any Borough Council, County Council, Road Board, or Town Board for twenty years as a covered drain shall be deemed to be a public drain under this Act.
209 Council may provide for drainage.
Ibid, sec. 267
The Council may provide all buildings, engines, machinery, and other things necessary for the good and efficient drainage of the borough.
210 Drainage-map of borough.
Ibid, sec. 268
(1.)
The Council of every borough shall, within two years from its constitution, cause a map to be made showing the course and levels of all drains made or intended to be made for the efficient drainage of the borough; and may from time to time cause any new drains, or any alteration of existing drains found to be necessary, to be marked on such map.
(2.)
Every such map made under “The Municipal Corporations Act, 1900,”
shall be deemed to have been made under this Act.
(3.)
The drainage-map shall be open for public inspection at all reasonable hours at the office of the Council.
211 Council may construct and repair drains.
1900, No. 50, sec. 269
(1.)
The Council may cause to be constructed, of such dimensions and such materials as it thinks fit,—
(a.)
Upon or under the streets and public places within the borough, all such drains as are from time to time shown on the said map, and until such map is made all such drains as the Council from time to time thinks needful for the efficient drainage of the borough:
(b.)
Upon or under any private lands or buildings within the borough, all such drains as aforesaid, subject, however, to the conditions set out in the Tenth Schedule hereto.
(2.)
But it shall not be lawful for the Council to make, any drain upon or under any private lands or buildings other than an under-ground covered drain, unless with the permission of the owners in writing first obtained; and any drain carried under any building shall be constructed of brick, concrete, stone, or tiles.
(3.)
The Council may from time to time alter, renew, repair, and cleanse any drain so constructed.
212 The Council may cover in watercourses.
Ibid, sec. 270
(1.)
The Council may enclose and cover in any stream or watercourse within the borough winch, by reason of sewage or other offensive matter therein, or from any other cause whatever, has, or in the opinion of the Council may, become a nuisance or dangerous to the public health, whereupon the work shall become a public drain of the borough.
(2.)
For such purpose the Council may make, construct, and lay down such drains or do such other works as in the opinion of the Council are necessary for the covering-in of such stream or watercourse and the removal therefrom of any sewage or other matter which in the opinion of the Council should be excluded therefrom.
(3.)
In connection with such works the Council may straighten or otherwise alter the course and direction of such stream or watercourse, and take up, disconnect, alter, relay, or otherwise deal with any private drains communicating with such stream or watercourse.
(4.)
The Council shall not be liable to pay compensation in respect of any one being deprived of the water flowing in such stream or water-course, or of the right to such water, nor for any damage or inconvenience occasioned to the owners or occupiers of such lands or premises, but shall nevertheless make good any damage or injury caused during the construction of the works:
Provided that this subsection shall not apply in any case in which the nuisance or danger has been caused by the act or default of the Council.
(5.)
The Council shall exercise the powers of this section by special order, in which shall be given a general description of the proposed work, with or without reference to a plan thereof deposited at the public office of the Council; and the Council shall serve copies of the proposed special order on all owners of land affected thereby, so far as they can reasonably be ascertained, at least fourteen days before the date fixed for the confirming meeting.
(6.)
Such special order shall not come into force until a day named therein for that purpose, not being less than ten days from the confirmation thereof.
(7.)
Any owner or occupier of land affected by the proposed work may, at any time between the first passing and the coming into force of the special order, apply to a Magistrate exercising jurisdiction in the borough for an order preventing the Council from undertaking the said work, and such Magistrate may make any order allowing the work with or without modification, or preventing it, and his decision shall be final and without appeal.
(8.)
The Magistrate may adjourn the date fixed for the confirming meeting or for the coming into force of the special order, and may award any costs against any party.
(9.)
The Council may nevertheless at any time, upon the certificate in writing of two duly qualified medical practitioners that immediate action is necessary in the interests of public health, and without passing a special order, execute any temporary works whatever for abating any nuisance in such stream or watercourse.
213 Council may erect structures on or under public places.
1900, No. 50, sec. 271
The Council may also, without liability to pay any compensation in respect thereof, erect any buildings, structures, machinery, or manholes, manhole and other entrances, light and lamp holes, ventilating-grids, and other works and things of every description in connection with drainage, in, upon, or under any public or private street or public place in the borough.
214 Surface water may be led into watercourses.
Ibid, sec. 272
The Council may lead any surface water into any stream or watercourse, whether covered or open.
215 Council may make dams, &c., in streams.
Ibid, sec. 273
The Council may also, without liability to pay any compensation in respect thereof, make and erect such dams, tanks, reservoirs, and other appliances as it thinks fit across and in the bed of any stream or watercourse within the borough, or contiguous thereto, for the purpose of retaining water to flush and cleanse any public drain or covered or open watercourse, and lay pipes therefrom for the purpose of conducting water to any of the said drains and watercourses.
Private Drains
216 Council may require owner of lands within 100 feet from sea or public drain to execute works.
Ibid, sec. 274
(1.)
In respect of any land or building within the borough lying within one hundred feet from the sea or from a public drain, the Council may, by notice in writing, require the owner thereof to do all or any of the following things:—
(a.)
To provide, construct, and lay a private drain from any land or building which is not drained by some pipe or drain to the satisfaction of the Council, and to connect such private drain with any public drain or covered watercourse or street channel lying within such distance as aforesaid, or the sea, as the Council thinks fit:
(b.)
To cleanse, repair, relay, and alter the course, direction, and outfall of any existing private drain of or belonging to such premises:
(c.)
To connect any such existing private drain with any public drain or covered watercourse or street channel other than the public drain, covered watercourse, or street channel with which the same was previously connected, and lying within such distance as aforesaid:
(d.)
To provide and affix in and to any such existing private drain, and in and to any such new private drain, all such traps, methods of ventilation, and other sanitary appliances whatever as the Council directs.
(e.)
To connect or disconnect any existing or new private drain with or from any water-closet, urinal, bath, sink, grease-trap, or other sanitary appliance:
(f.)
To execute, provide, and do generally any works, materials, and things which, in the opinion of the Council, are necessary or expedient for the efficient drainage of such premises and every part thereof.
(2.)
Every such notice shall specify the works, materials, and things to be executed, provided, or done thereunder, and the public drain or covered watercourse or street channel with which any private drain is required to be connected, and shall limit a time within which the same works, materials, and things shall be so executed, provided, and done.
(3.)
The foregoing powers shall, amongst other things, enable the Council to require any owner of premises to cause the sewage and surface water respectively arising therefrom to be drained by separate drains to separate outfalls:
Provided that the Council shall not in any such notice require any sewage to be drained into any street channel.
(4.)
If such owner fails to do the work specified in such notice and as therein directed, the Council may cause the same to be done at his cost and expense, and may recover from him all such costs and expenses.
217 Channels for surface water.
1900, No. 50, sec. 275
If surface or storm water lies upon any land in the borough, the Council may make an open drain so as to carry off such water into the public drain most convenient for the purpose, but shall do as little damage as possible thereby, and shall not make such drain under or so as to interfere with any building; and the Council may recover the cost of such drain from the owners or occupiers of the lands drained thereby in such proportion as the Council thinks fair.
218 Case of several separately owned premises.
Ibid, sec. 276
(1.)
Where any existing private drain passes through or serves several separately owned premises, or any new private drain is required by the Council so to pass or serve, the Council may, if it thinks fit, from time to time elect to execute, provide, and do all or any of the works, materials, and things required by this Act or any by-law, and may also, in its discretion, declare such drain to be a public drain.
(2.)
Neither such election nor such declaration as aforesaid shall prevent the Council from imposing upon the owners or occupiers of such several premises all or any part of the cost of such work, material, or thing under any provisions contained in this Act or any by-law.
Moneys Payable by Owners and Occupiers
219 Moneys payable by owners to be collected in instalments as rates.
Ibid, sec. 277
The Council and the owner of any premises may agree in writing that every sum of money payable by such owner under any provision of this Part of this Act for or in respect of any work, materials, or things executed, provided, or done by the Council in pursuance of this Part of this Act, or of any by-law of the borough on the subject of drainage or sanitation, shall be divided into instalments extending over a number of years, with interest at the rate of not more than six per centum per annum added; and each such instalment shall be deemed to be and shall be recoverable in like manner in every respect as if it were a general rate of the borough, subject nevertheless to the following conditions:—
(a.)
The owner for the time being of the premises in question shall in all cases be deemed the person primarily liable for payment:
(b.)
A separate book shall be kept by the Collector of Rates to the Council, in which particulars of such instalments, and of the works in respect whereof they are payable, and of the dates for payment thereof, and of the names of persons paying the same, shall be entered; and such book shall be prima facie evidence of the correctness of its contents:
(c.)
Such agreement may contain any incidental provisions, and may provide for the earlier payment of the remaining instalments, or any of them, on terms to be mentioned in such agreement.
220 Owner may recover percentage of instalment from three-years tenant.
1900, No. 50, sec. 278
(1.)
If by the direction of the Council an owner executes any work under this Part of this Act, or under any by-law made in pursuance thereof, or pays any instalment under the last preceding section, and at the time of the completion of such work (to be certified under the hand of the principal officer of the Council having charge of drainage-works in the borough) the premises whereon or for which such work has been executed are held by a tenant under him having a term of at least three years then unexpired, such owner may recover from such tenant, in like manner as if the same were rent reserved under the tenancy, five per centum per annum during the unexpired term of such tenancy on the cost of the work so executed by him, or, as the case may be, on each such instalment paid by him, such percentage to be computed from the date of the payment of such cost or instalment, and to be payable at the end of each year during the residue of the said term.
(2.)
If the tenant paying such percentage has, at the time of such payment, a tenant under him with at least three years’ unexpired tenancy, he may recover the amount so paid by him from such last-mentioned tenant.
Drains Beyond Borough
221 Council may make drains outside the borough.
Ibid. sec. 279
The Council may make such main drains as it thinks necessary through any lands outside the borough for the purpose of carrying off sewage matter or surface water into the sea, or into any tidal river, or to any places convenient for the purpose of collecting, utilising, and selling such sewage matter for agricultural and other purposes, or to any land convenient for disposing of such sewage matter by means of fertilising or otherwise improving such lands.
222 Drain may be made under a road with notice to local authority.
Ibid, sec. 280
(1.)
The Council may make such drain under any road outside the borough, but shall give one month’s notice in writing to the local authority having the control of such road before interfering with the same.
(2.)
If such local authority objects to the proposed work, the matter shall be referred to the Minister of Public Works, whose decision thereon shall be final.
223 Council may by agreement use drain of other local authority.
Ibid, sec. 281
The Council may agree with any local authority for the use of any drain under such local authority’s control for the purpose of carrying oft’ the sewage matter or surface water, upon such terms and conditions for such use, or for the alteration, enlarging, covering-in, or maintaining such drain, as may be agreed on by the Council and such local authority.
224 Act to apply to drains outside a borough.
1900, No. 50, sec. 282
All main drains outside the borough but under the control of the Council shall be deemed vested in the Corporation, and all the provisions of this Act in respect to drains within the borough shall equally apply to the main drains and places for the reception of sewage matter which the Council is hereby authorised to make or provide outside the borough; and the provisions of sections two hundred and twenty-one and two hundred and twenty-two hereof shall extend to authorise the construction by the Council of ventilating-shafts and other methods of ventilation, manholes, manhole and other entrances, light and lamp holes, and other appurtenances in, upon, or under any lands and roads outside the borough.
Drainage into Harbours
225 Council not to construct drains without leave of Harbour Board.
Ibid, sec. 283
It shall not be lawful for the Council to construct any drain whereby any silt or refuse matter is carried into any harbour or other waters under the control of any Harbour Board, except on such conditions and in such manner as are approved of by such Harbour Board.
226 Difference between Council and Harbour Board to be settled by arbitration.
Ibid, sec. 284
If the Council and Harbour Board are unable to agree as to the mode of disposing of any silt or refuse matter, or as to any other matter in which the powers and duties of such Council and Harbour Board conflict, such difference shall be determined by arbitration under “The Arbitration Act, 1908,”
and this section shall be deemed a submission within the meaning of that Act.
Protection of Drains
227 Injuring or interfering with drains without authority.
Ibid, sec. 285
(1.)
Every person is liable to a fine not exceeding twenty pounds who—
(a.)
Wilfully or negligently destroys or injures any public or private drain or covered watercourse, or any building, erection, structure, method of ventilation, machinery, dam, tank, reservoir, or other work or thing being part of or connected with any drainage-works vested in or under the control of the Council; or
(b.)
Not having the written authority of the Council in that behalf, makes any private drain connected with a public or private drain or covered watercourse; or
(c.)
In any way stops or obstructs or otherwise interferes with any public or private drain or covered watercourse or other drainage-work.
(2.)
The Council may replace or repair the property so destroyed or injured, or remove or alter as it thinks tit such private drain, and may recover from such person in any Court of competent jurisdiction the full cost of such work, or of removing any stoppage or obstruction effected by him, and of all damage done or caused by him.
Part XXIV PROTECTIVE WORKS
228 Council may construct necessary works.
Ibid, sec 286
The Council may construct and maintain within or without the borough any work necessary to prevent damage from floods of rivers or streams, or from encroachment of the sea, and all walls, embankments, and works requisite for rendering such work effective.
Part XXV WATERWORKS
229 “Waterworks”
defined.
1900, No. 50, sec. 287
(1.)
In this Part of this Act, if not inconsistent with the context, “waterworks”
includes all streams and waters and all rights appertaining thereto, and all lands, watersheds, catchwater areas, reservoirs, dams, tanks, and pipes, and all buildings, machinery, and appliances of every kind acquired or constructed by the Council of the borough under the authority of this Act for collecting or conveying water for or to the borough or any part thereof, or beyond the borough, under the provisions in that behalf hereinafter contained.
Waterworks already constructed under special Act to be deemed under this Act.
(2.)
All waterworks which heretofore have been purchased or acquired, or constructed, and established by any Council for the supply of water to the inhabitants of the borough under any special or other Act shall from henceforth be deemed to have been purchased or acquired, or made, constructed, and established under this Act, and all the provisions of this Act shall be deemed to apply to such waterworks accordingly.
230 Extended powers as to waterworks.
Ibid, sec. 288
All the powers granted by this Act in respect of the construction of waterworks shall be deemed to include the power of extending or enlarging any such waterworks; and the said powers of constructing or extending or enlarging any such waterworks shall be deemed also to apply in respect of any waterworks acquired under any Act at any time previous to the coming into operation of this Act.
Construction and Maintenance
231 Waterworks vested in Corporation.
Ibid, sec. 289
All such waterworks shall be vested in the Corporation of the borough.
232 Council may construct waterworks.
Ibid, sec. 290
The Council may construct waterworks for the supply of pure water for the use of the inhabitants of the borough, or of the shipping in any harbour adjoining, and may keep the same in good repair, and may from time to time do all things necessary thereto; and therein especially may do the following things:—
(a.)
May, subject to the provisions of this Act and to any right granted under any prior Act, take the water from any river, stream, lake, or pool:
(b.)
May break up or dig into the surface of any street, private street, or public place within the borough, or of any road beyond the borough:
(c.)
May alter any drain, sewer, or gas-pipe on or under any such street or road so far as is necessary for such construction or repair:
(d.)
May prospect for water by boring, whether the laud to be prospected is situated within or beyond the borough.
233 Private lands to be entered under certain circumstances.
Ibid, sec. 291
Nothing in this Act shall authorise the entering upon any private land for the purposes of this Part, of this Act without the consent of the owner, except for the purpose of making surveys, or until such land is taken by the Council as above provided; but if any pipe or other part of the waterworks is at any time, with such consent, put on or under any private land, the Council may thereafter enter thereon to repair such pipe or other part of the waterworks when required.
234 As to waterworks outside the borough.
1900, No. 50. sec. 292
As to such parts of the waterworks as lie beyond the borough, the provisions of the Eleventh Schedule hereto shall apply.
Supply of Water
235 An extraordinary supply.
Ibid, sec. 293
Water supplied for the use of railways, manufactories, machinery, public baths, and wash-houses, breweries, chemical works, livery-stables, cattle, gardens or ornamental purposes, or for any other purpose defined in any by-law in that behalf, and any water in excess of the ordinary supply, shall be deemed an “extraordinary supply.”
236 Persons supplied with water to provide appliances.
Ibid, sec. 294 1906, No. 56. sec. 7
Every person supplied with water from the waterworks shall provide such proper taps, stop-cocks, and other apparatus as the Council requires, and shall keep the same in good repair so as to prevent the water running to waste; and, in default of providing or keeping in repair any such apparatus, or wilfully allowing water to run to waste, the Council may stop the supply of water to such person in any manner it thinks fit.
237 Council may inspect appliances in houses.
1900, No. 50, sec. 295
Any person acting under the authority of the Council may, between the hours of eight o’clock in the forenoon and six o’clock in the afternoon of any day except Sunday, enter into any land or building supplied with water from the waterworks to see if such water is being wasted or misused; and if such person is refused admittance or obstructed in such examination, the Council may stop the supply of water in any manner it thinks fit.
238 Notice of removal of pipe to be given.
Ibid, sec. 296
Any person may remove any pipe or other apparatus belonging to him connected with the waterworks, after giving to the Council fourteen days’ notice in writing of such his intention, and of the time of such removal, but shall be liable for all damage done to any part of the waterworks thereby; and if any person removes any such pipe or apparatus without giving such notice, he shall be liable to a fine not exceeding twenty pounds and to pay for all damage done to the water-works by such removal.
Use of Water for Motive Power
239 Council may use water from waterworks for motive power.
Ibid, sec. 297
The Council may use the water supplied by any water-works belonging to the Corporation for the purpose of obtaining motive power in connection with the producing of electricity for lighting the streets and public places, and for supplying the inhabitants with electricity under the provisions of section two hundred and seventy-seven hereof, provided the ordinary supply is not thereby interfered with.
240 Surplus water may be sold for motive power.
Ibid, sec. 298
The Council may from time to time, in case the supply of water in the borough is in excess of all demands for general, ordinary, and extraordinary supply thereof within the meaning of any by-law, enter into contracts to supply any person with an extraordinary supply of water for use as a motive power for any term not exceeding seven years, upon such terms and conditions, and at such charges, to be paid in such manner, as the Council thinks fit; and may at any time, on giving three months’ notice in writing, or, if such aforesaid excess of water fails, may at any time without previous notice, discontinue such extraordinary supply, without being liable to pay any compensation for such discontinuance or in anywise relating thereto.
Supply to Persons Outside Borough
241 Supply of water outside the borough.
1900, No. 50, sec. 299
(1.)
The Council may supply any person outside the borough with water; and for such purpose all the provisions of this Act relating to waterworks, and all the powers given to the Council thereby, shall apply equally to all places, persons, and things outside as to the same within the borough.
(2.)
The Council may supply such water to places outside the borough at such rate or charges, and for such times, and on such terms and conditions as the Council from time to time determines.
(3.)
The Council may at any time, on giving three months’ notice in writing of intention so to do, discontinue such supply of water outside the borough, without being liable to pay any compensation for such discontinuance or in anywise relating thereto.
Purchase of Waterworks
242 Council may purchase water-works out of loan.
Ibid, sec. 300 1906, No. 56, sec. 13(l)
The Council may, out of any moneys applicable to the construction of waterworks under this Act, purchase any waterworks theretofore constructed in or beyond the borough, and such waterworks when purchased shall be deemed to be waterworks constructed under this Act.
243 Council may contract for water-supply.
1900, No. 50, sec. 301 1906, No. 56. sec. 13(m)
The Council may contract, for any period not exceeding twenty-one years at one time, with the owners of any waterworks, or any other person, for such supply of water as the Council thinks necessary for the purposes of this Act; but no contract shall be made for a longer period than three years, unless the electors previously approve of the period for which it is proposed that such contract shall be made.
244 Notice of contract, and date for taking votes of electors.
1900, No. 50. sec. 302
(1.)
In order to carry out the provisions of the last preceding section the Council shall publish in the borough, once in each week for two successive weeks, a notice setting forth the period for which it is proposed to make the contract, and appointing the day, not less than fifteen nor more than twenty-one days from the publication of the said notice, on which a poll of the electors will be taken thereupon.
(2.)
Such poll shall be taken in the manner provided for the taking of a poll on the proposal to sanction a special loan, so far as the same can he made applicable to the purposes of this section.
Provision for Protection of Water
245 Drawing oil water from streams.
Ibid, sec. 303
If any person does any act whereby the waters of any river or stream, being a part of any waterworks under this Act, are drawn off or diminished in quantity, and does not immediately on receiving notice in writing in that behalf from the Council restore such river or stream to the state in which it was in all respects before such act, he shall be liable to a fine not exceeding one hundred pounds for every day during which such act continues; and the Council may, if it thinks fit, itself restore such river or stream to the said former state, and may recover from such person all the expenses incurred by so doing.
246 Offences against waterworks.
Ibid, sec. 304
If any person does any of the following things:—
(a.)
Wilfully injures or destroys any part of the waterworks:
(b.)
Unlawfully draws off or diverts any water belonging to the waterworks:
(c.)
Wilfully or negligently allows any pipe or apparatus on his premises to be out of repair so that water is wasted, or alters any meter, or does or suffers any act whereby ins supply of water is improperly increased:
(d.)
Not having agreed to be supplied with water from the water-works, takes any such water from the supply furnished to another person:
(e.)
Being supplied with ’water from the waterworks, supplies another person who has not agreed to be so supplied with, or permits him to take, any such water:
(f.)
Bathes, or washes foul linen or other thing, in any water of the waterworks:
(g.)
Throws any animal or dirt or rubbish of any sort into such water:
(h.)
Allows any gas or any foul liquid or matter of any kind to flow or escape from any part of his premises, or any pipe or drain connected therewith, into any such water:
(i.)
Obstructs any person acting under the authority of the Council in doing anything which the Council is hereby empowered to do:
(j.)
Opens the ground so as to uncover any pipe belonging to the waterworks, or connects any pipe with such pipe, without giving the Council seven days notice in writing of his intention so to do:
(k.)
Connects any pipe with a pipe belonging to the waterworks without giving the Council two days’ notice in writing of the day and hour he proposes to do so, or without having obtained the permission of some person acting under the authority of the Council in that behalf:
(l.)
Connects any pipe with a pipe of the waterworks except in the presence of or contrary to the direction of the officer appointed by the Council to superintend the same, unless such officer fails to attend at the time named in the notice:
(m.)
Connects with a pipe of the waterworks any pipe of a strength or material not approved by the Council,—
he shall be liable to a fine not exceeding twenty pounds for each such offence, and to a further sum equal to the cost incurred by the Council in repairing the injury done to any part of the waterworks by any such act.
Protection of Waterworks
247 Allowing foul matter to be thrown or to flow into water-race or waterworks.
1900, No. 50, sec. 305
If any foul liquid or matter is thrown, or poured, or suffered or allowed to fall or flow into any water or watershed being a part of or taken or used for supplying water to any waterworks, the person so offending is liable to a fine not exceeding one hundred pounds, and to a further fine not exceeding ten pounds for every day during which such offence is continued after such person has received notice in writing from the Council to discontinue the same.
248 Manufactories, &c. may be examined.
Ibid, sec. 306
The Council may, after giving twenty-four hours’ notice to the person carrying on or managing or having charge or control of any works, manufactory, or business premises, enter thereupon and cause the same to be thoroughly examined in order to ascertain whether any foul liquid or matter therefrom is flowing into any such water or water-shed or any waterworks; and, if it appears upon such examination that such is the case, the Council may recover from such person all the expenses incurred by making such examination.
Part XXVI PREVENTION OF FIRES
249 Fixing of fireplugs.
1900, No. 50, sec. 307
The Council -shall fix fireplugs in the main pipes of the waterworks (if any) in the borough, at distances not more than one hundred yards from each other, and at the most convenient places for extinguishing any fire, and shall keep such fireplugs in effective order.
250 Keys of fireplugs to be kept at engine-houses.
Ibid, sec. 308
The Council shall deposit a key of the fireplugs at each station where a fire-engine is kept, and put upon any building it thinks fit near each fireplug a conspicuous notice showing the situation thereof.
251 Pipes to be charged with water.
Ibid, sec. 309 1906, No. 56, sec. 13(n)
(1.)
Except in case of unusual drought, or of unavoidable accident, or of shortage from any cause of the water-supply, or during necessary repairs, the Council shall at all times keep charged with water the pipes in which fireplugs are fixed.
(2.)
The Council shall allow all persons to take and use water from any waterworks or water-race for extinguishing fire without any payment for the same.
252 Engines, Ate., may be provided.
1900, No. 50, sec. 310
The Council may provide all such engines, machinery, appliances, and buildings as it thinks fit for securing and promptly using an efficient supply of water from any waterworks or water-races for extinguishing fires; but the cost of all such appliances, and the cost of providing the fireplugs above mentioned, shall be charged against and paid out of the General Account of the District Fund.
253 Council may agree with fire brigades. &c.
Ibid, sec. 311
The Council may establish a municipal fire brigade, or may agree with any fire brigade or other persons as to providing the necessary plant and extra labour for the purpose of extinguishing fires, and for the payment to any such brigade or persons, out of the General Account of the District Fund, of such remuneration by way of gratuity as the Council thinks fit.
254 Council may enrol volunteer fire police as sworn constables.
Ibid, sec. 312
(1.)
The Council may accept the volunteer services of any fit person or persons, not exceeding in number fifty men, to act as a fire police, and whose duty it shall be to attend at any fire to aid and assist the regular Police Force, to watch over any property saved, to preserve order, and to carry out any instructions which may be given by any File Inspector in command on the spot or by any other person duly authorised by him.
(2.)
Every member of such fire police shall be enrolled by the Mayor, and his services accepted for one year from the date of his enrolment, and shall be sworn in before a Justice, and thereafter during the period of his service under such fire police shall be deemed to be and shall have all the power and authority and responsibility of a constable whilst acting as fire police.
255 Fire Inspectors.
Ibid, sec. 313
(1.)
The Council may from time to time appoint, and may remove and reappoint, one or more Fire Inspectors.
(2.)
Every such appointment shall be by warrant under the hand of the Mayor; and every appointment, as well as every removal or resignation, of such officer shall be publicly notified.
256 Powers of Fire Inspectors.
Ibid. sec. 314
(1.)
A Fire Inspector may, on the occasion of any fire occurring in the borough, do the following things:—
(a.)
He may take the command of any fire brigade or other persons who by previous agreement with the Council have placed their services at the disposal of the Council, or who for the time place themselves at his disposal:
(b.)
He may order any person engaged in extinguishing the fire (hereinafter called a “fireman”
), or any constable, to remove any persons who, by their presence or otherwise howsoever, interfere with or impede the labours of the fire brigade or other firemen in extinguishing the fire:
(c.)
He may take any measures he thinks best for the protection of life and property:
(d.)
He may, with any assistance, he requires, break into, take possession of, or pull down any premises for preventing the spread of fire, doing, however, as little damage as possible thereby; and also for the like purpose may remove any dangerous or inflammable material or debris from the site of the fire:
(e.)
He may interfere with the supply of water in any waterworks as he thinks fit in order to get a greater supply or pressure in the neighbourhood of the fire.
(2.)
No penalty, damages, or claim for compensation shall be recoverable by or against any person in consequence of any act done under the authority of this section.
257 Constables to assist Fire Inspectors.
1900, No. 50, sec. 315
All constables are hereby authorised and required to aid every Fire Inspector in the execution of his duty, and shall at the request of any Fire Inspector clear any road or street in or near to which a fire is burning, and remove any persons who, by their presence or otherwise howsoever, interfere with or impede the labours of the firemen.
258 Damage done by Fire Inspectors to be damage by fire.
Ibid, sec. 316
(1.)
All damage to property caused by any Fire Inspector, or any person acting under his orders, in the due execution of their duties under this Act shall be deemed to be damage by fire within the meaning of any policy of insurance against fire, anything in such policy to the contrary notwithstanding.
(2.)
If the property so damaged is uninsured or insufficiently insured, the Council shall pay to the persons interested therein such compensation for such damage, or for so much thereof as is not covered by insurance, as, in case of difference, is ascertained by arbitration under “The Arbitration Act, 1908”
; and this section shall be deemed a submission within the meaning of that Act as to all questions arising under this section.
259 Chief officer of a fire brigade to have control at a fire.
Ibid. sec. 317
Where the chief officer or acting chief officer of any such fire brigade as aforesaid (being a Fire Inspector) is present at a fire, all other Fire Inspectors and all fire police and constables present shall be under the control of such chief officer or acting chief officer for all purposes of this Part of this Act.
260 Appointment of Inspector of Buildings.
Ibid, sec. 318 Annual certificate for fire-escapes.
(1.)
Each Council shall appoint a competent person for the borough, hereinafter called “Inspector of Buildings,”
whose duty it shall be to inspect annually every building in the borough which is now or hereafter erected for residential purposes, and he shall decide whether such building is provided with proper fire-escapes or means of escape in case of fire, and upon being satisfied that such building has been so provided he shall annually give to the owner of such building a certificate in the prescribed form to that effect.
(2.)
The owner of any building shall not reside or permit any person to reside in such building unless he is the holder of the afore-said certificate; and for any breach of this section he is liable to a fine not exceeding ten pounds for every day he commits such breach.
Part XXVII LIGHTING, AND SUPPLY OF GAS AND ELECTRICITY
261 Council may establish gasworks.
1900, No. 50, sec. 319
(1.)
The Council may do all things necessary to light the roads, streets, and public places of the borough with gas, and to supply gas to the inhabitants thereof; and therein especially may do the following things:—
(a.)
May acquire land and erect buildings within or without the borough:
(b.)
May procure and construct all machinery and plant necessary for gasworks:
(c.)
May lay pipes under the streets and public places:
(d.)
May alter any drains or water-pipes thereunder in such manner as may be necessary, but so as not to injuriously affect the same or to foul any water conveyed thereby:
(e.)
May erect lamp-posts with all requisite fittings thereto in the streets and public places:
(f.)
May do all things necessary to keep the gasworks, and everything appertaining to the supply of gas, in good repair.
(2.)
In case the supply of gas is at any time insufficient, the Council may use kerosene or any other material or method for lighting the streets or public places which it thinks proper.
262 Extended powers as to gasworks.
Ibid, sec. 320
All the powers granted by this Act in respect of the construction of gasworks shall be deemed to include the power of extending or enlarging any such gasworks, and the said powers of constructing or extending or enlarging any such works aforesaid shall be deemed also to apply in respect of any gasworks acquired under any Act at any time previous to the coming into operation of this Act.
263 Gasworks vested in Corporation.
Ibid, sec. 321
All gasworks constructed or acquired by the Council shall, by virtue of this Act, be vested in the Corporation of the borough.
264 Private persons may be supplied with gas.
Ibid, sec. 322
(1.)
Upon the written application of the owner or occupier of any building within one hundred yards of any main gas-pipe, the Council shall lay on such service pipes, fittings, and gas-meter as are requisite to supply such building with gas and to measure the quantity consumed.
(2.)
Such service pipes, gas-meter, and fittings shall be paid for by the applicant; and the Council may, before commencing such work, require any applicant to deposit a sum equal to the estimated cost thereof.
265 Private consumer to supply fittings.
Ibid, sec. 323
Every private consumer of gas shall provide such gas-fittings and appliances for the proper combustion and for preventing the escape of gas as the Council approves of, and shall keep the same in good repair; and if any person neglects to provide or to repair such fittings and appliances when required to do so by the Council, the Council may cut off the supply of gas from the premises of such person.
266 Private buildings may be entered to inspect gasfittings.
Ibid, sec. 324
Any person acting under the authority of the Council may, between the hours of eight in the forenoon and six in the afternoon, on any day except Sunday, enter upon any land or into any building supplied with gas under this Act in order to examine the gas pipes and fittings and the gas-meter thereon or therein; and if such person is refused admittance, or obstructed in such examination, the Council may, without prejudice to any other remedy, cut off the supply of gas from such building.
267 Altering index of gas-meter.
1900, No. 50, sec. 325
Every person who alters the index of or in any other manner tampers with a gas-meter, with intent to defraud the Corporation, is liable to a fine not exceeding fifty pounds for every such offence.
268 Altering position of gas-meter.
Ibid, sec. 326
No private consumer of gas shall alter the position of any gas-meter without giving the Council three days’ notice in writing of such his intention; and any such person making such alteration without such notice is liable to a fine not exceeding ten pounds for every such offence.
269 Gas may be supplied outside borough.
Ibid, sec. 327
The Council may supply any person outside the borough with gas, upon such terms and conditions and at such rates as may be agreed on with such person, and for such purpose shall have the same powers outside the borough as it has within the same under the provisions of this Part of this Act.
270 Private property not to be interfered with.
Ibid, sec. 328
Nothing in this Act shall be deemed to authorise the Council to lay any part of the gasworks or anything connected therewith on or under any private property without the consent of the owner and occupier thereof; but the Council may enter upon any such property where gas pipes or fittings have been lawfully laid under this Act, and may alter, repair, or replace the same as it thinks fit.
271 Council may fix price of gas.
Ibid, sec. 329
The Council may fix a uniform price at which gas shall be supplied to all private consumers, and the times when the same shall be payable, and may from time to time alter the same as it thinks fit.
272 Gas may be cut off from defaulter.
Ibid, sec. 330
If any person fails to pay any moneys due on account of gas, or any gas rate, the Council may, without prejudice to any other remedy in that behalf, cut off the supply of gas from the premises of such person.
273 Gas charges recoverable as separate rates.
Ibid, sec. 331
All moneys receivable as the price of gas supplied shall be deemed to be a separate rate, and may be recovered accordingly.
274 Council may purchase existing works.
Ibid, sec. 332
(1.)
The Council may, out of any moneys which may be applied to the construction of gasworks or electric-light works under this Act, purchase any such works theretofore constructed in the borough; and such works shall, when so purchased, be deemed to be constructed under this Act.
(2.)
Where gasworks are at any time established in any borough under the authority of any Act it shall not be lawful for the Council to establish any similar works to supply the same locality or any part thereof, except under the authority of a special Act in that behalf.
275 Gas or electric-light companies may sell works to a borough.
Ibid, sec. 333
The directors of any gas or electric lighting company, in pursuance, in the case of a company registered under “The Companies Act, 1908,”
of a special resolution of the members passed in manner provided by that Act, and, in the case of any other company, of a resolution passed by a majority of three-fourths in number and value of the members present, either personally or by proxy, at a meeting specially convened, with notice of the business to be transacted, may sell and transfer to the Corporation of the borough, on such terms as may be agreed on, all the rights, powers, and privileges, and all or any of the lands, premises, works, and other property of the company, but subject to all the liabilities attached to the same at the time of such purchase.
276 Council may contract for lighting the streets.
1900, No. 50, sec. 334 1903, No. 41, sec. 7
The Council may contract for lighting the streets, public places, and public buildings in the borough, in such mode and upon such terms and conditions as it thinks fit; and, so far as applicable, all the provisions hereinbefore contained respecting the construction, establishment, and maintenance of gasworks shall, mutatis mutandis, extend and apply to the powers conferred by this section.
277 Council may light streets by electricity, and supply electricity for lighting purposes to private persons.
1900, No. 50, sec. 335 1900, No. 56, sec. 8
(1.)
The Council may do all things necessary to light the streets and public places of the borough with electricity, and to supply electricity to the inhabitants thereof, and may contract for a supply of electricity upon such terms and conditions as it thinks fit, and may supply such electricity to the inhabitants of the borough, or contract with any other corporation or person so to do, and therein especially may do the following things:—
May exercise same powers as it lias in respect to lighting by gas
(a.)
The Council may exercise, or authorise any corporation or person acting under any such contract to exercise, all the powers conferred upon it by sections two hundred and sixty-one to two hundred and seventy-six hereof, so far as such sections are applicable to the construction and maintenance of the works necessary for effecting such lighting and to the supply of electricity as aforesaid; and all the provisions of the said sections shall, so far as applicable, extend and apply to such lighting by and supply of electricity in like manner as if such sections had provided for such lighting by and supply of electricity in addition to lighting by and supply of gas:
Provided that nothing in this paragraph shall be construed to limit the powers possessed by the Council for the establishment of electric-light works.
(b.)
The Council shall conform to the provisions of Part XII of “The Post and Telegraph Act, 1908,”
and may construct and maintain electric lines (as defined in that Act) in the manner and with the like powers, authorities, and liabilities as may by law be exercised in respect of or as are attached to the construction of public works.
(c.)
It shall not be necessary for the Council to obtain the authority of any special Act for any of the purposes aforesaid.
(d.)
All the provisions of Part VII of “The Post and Telegraph Act, 1908,”
relating to the construction and maintenance of electric lines of communication by telegraph shall, so far as applicable, extend to and be applicable to the construction and maintenance by the Council of electric lines for lighting purposes and for the supply of electricity as aforesaid; and all the provisions of the last-mentioned Act, so far as applicable, shall apply to such last-mentioned lines when constructed or being constructed.
(e.)
Any electric lighting effected under the foregoing provisions may be either by arc or incandescent lamps, produced by dynamos, secondary generators in conjunction with dynamos, or by means of storage batteries also in conjunction with dynamos, or in any other method now or hereafter applicable to such purposes.
(2.)
Subject as aforesaid, nothing in this section shall be deemed to repeal any of the provisions of Part XII of “The Post and Telegraph Act, 1908,”
and nothing in this Act shall prejudicially affect any agreement existing between any Council and any person or corporation in respect of electric-light works.
Part XXVIII PUBLIC HEALTH AND CONVENIENCE
278 Interpretation
1900, No. 50, sec. 336
In this Part of this Act, if not inconsistent with the context
“Ashpit” includes any receptacle for ashes, dust, or rubbish fitted with such doors or covering as the Council from time to time prescribes:
“Cesspool” includes any watertight receptacle for nightsoil below or above the ground; and every cesspool that is not watertight shall be deemed to be a nuisance and injurious to health:
“Court” means a Magistrate’s Court:
“District Health Officer” means the District Health Officer appointed under “The Public Health Act, 1908”
:
“Earth-closet” means a place for the reception and deodorisation of faecal matter, constructed to the satisfaction of the Council:
“Water-closet” or “privy” means any place for the reception of faecal matter.
General
279 Council to carry out provisions of Public Health Act.
Ibid, sec. 337
The Council may do all things necessary from time to time for the preservation of the public health and convenience, and for carrying into effect the provisions of “The Public Health Act, 1908,”
so far as they apply to boroughs.
280 Council may appoint Inspector of Nuisances, &c.
Ibid, sec. 338
(1.)
The Council may from time to time appoint, and may remove and reappoint, one or more competent persons to be Inspector or Inspectors of Nuisances, and such other officers and servants as may be necessary for the due carrying-out of the provisions of this Part of this Act and of any by-laws made thereunder.
(2.)
Every person appointed under this section shall be paid such remuneration as the Council thinks fit.
281 Inspectors of Nuisances.
Ibid, sec. 339
Every Inspector of Nuisances shall be appointed by warrant under the hand of the Mayor, and shall produce such warrant when so required by any person upon whose premises he enters in the course of his duty; and the Council shall publicly notify in the borough every appointment, resignation, or removal of any such Inspector.
282 Appointments and warrants in urgent cases.
Ibid. sec. 340
(1.)
In any case of the absence of the Mayor any two Councillors may, by direction of the Council, sign the warrant of appointment of any person as an Inspector of Nuisances, or sign any order requiring the owner or occupier of any land or buildings within the borough to clean and purify the same or to abate any nuisance therein or thereon.
(2.)
Where the case requires immediate attention the Mayor or any two Councillors may, without the direction of the Council, sign any such warrant or order; but the person or persons so signing shall report such case to the Council at its first meeting for confirmation.
283 Inspector acting without warrant
1900, No. 50, sec. 341
(1.)
Any person representing himself to be an Inspector of Nuisances, not having such warrant, or acting under? such a warrant after he has ceased to hold such office, is liable to a fine not exceeding fifty pounds.
(2.)
The Council may from time to time define the duties and liabilities of Inspectors of Nuisances.
Nuisances
284 General power to prosecute for nuisances.
Ibid, sec. 342
(1.)
Any land, building, erection, water-closet, earth-closet, privy, cesspool, urinal, ashpit, dust-bin or receptacle for dust, rubbish, or refuse, or any natural stream, or any pool, ditch, gutter, or water-course, or any sewer, culvert, or drain, or any accumulation or deposit situate or being within a borough, or any offensive matter used as manure and placed on any land in a borough, which is, or is in such a state as to be or become, a nuisance or injurious to health shall be deemed a “nuisance”
within the meaning of this section.
(2.)
Every person by whose act, default, or sufferance a nuisance arises or continues (whether such person is or is not the owner or occupier of the premises in respect of which such nuisance exists) is liable to a fine not exceeding twenty pounds; and if the person convicted can without trespass or other breach of the law abate such nuisance, then he is liable to a further fine not exceeding five pounds for every day or part of a day from and after such conviction during which such nuisance remains unabated.
(3.)
This section is in addition to all other powers and remedies in relation to nuisances given by this or any other Act or any by-laws.
285 Council may take proceedings in Supreme Court for abatement of nuisances.
Ibid, sec. 343
The Council may, if in its opinion summary proceedings would afford an inadequate remedy, cause any proceedings to be taken against any person in the Supreme Court to enforce the abatement or prohibition of any nuisance under this Act, or any by-law made thereunder, or for the recovery of any fines from or for the punishment of any persons offending against the provisions of this Act or any by-law made thereunder relating to nuisances, and may order the expenses of and incident to all such proceedings to be paid out of the District Fund.
286 Provisions of Act relating to nuisances not to affect other remedies.
Ibid, sec. 344
The provisions of this Act relating to nuisances shall be deemed to be in addition to and not to abridge or affect any right, remedy, or proceeding under any other provisions of this Act or under any other Act, or at law or in equity:
Provided that no person shall be punished for the same offence both under the provisions of this Act relating to nuisances and under any other law or enactment.
287 Nuisances caused by Government.
Ibid, sec. 345
The provisions of this Act relating to nuisances shall apply to nuisances caused by the Government or any officer thereof.
Inspection of Milk and Dairies
288 Governor in Council may make regulations.
Ibid, sec. 346
The Governor may from time to time, by Order in Council gazetted, make such regulations as he thinks fit for the following purposes or any of them, and so that such regulations may either be of general application throughout all boroughs or apply to one or more boroughs only:—
(a.)
For the registration with the Council of all persons carrying on within the borough the trade of cow-keepers, dairymen, or purveyors of milk:
(b.)
For the appointment of Inspectors of Milk and of Dairies:
(c.)
For the inspection of cattle in dairies, and for prescribing and regulating the lighting, ventilation, cleansing, drainage, and water-supply of dairies and cowsheds and yards in the occupation of persons following the trade of cow-keepers or dairymen, or used by them in connection with such occupation:
(d.)
For securing the cleanliness of milk-stores, milk-shops, and of milk-vessels used for containing milk for sale by such persons:
(e.)
For prescribing precautions to be taken for protecting milk against infection or contamination, and for prohibiting the sale of milk in cases where the public health would be likely to be endangered by such sale:
(f.)
For authorising the Council to make by-laws for the purposes aforesaid, or any of them, subject to such conditions (if any) as the Governor in Council prescribes.
Baths and Wash-Houses
289 Baths and wash-houses.
1900, No. 50. sec. 347
(1.)
The Council may provide and maintain public baths and wash-houses either within or without the borough, and may purchase or otherwise provide all such land, buildings, appliances, and conveniences as are necessary to enable the inhabitants of the borough to use and enjoy such baths and wash-houses, with or without any charge for the same, and under such regulations for the decent and orderly use thereof, as the Council by any by-laws in that behalf from time to time directs.
(2.)
The Council shall cause to be put up in every such bath or wash-house a printed copy of the by-laws affecting the use thereof.
290 Public baths to be subject to by-laws.
Ibid, sec. 348
All public baths or baths open to the public with or without charge now existing, or which may hereafter be established, within any borough, or within one mile of the boundaries thereof whether by land or water measurement, shall be deemed to be within the jurisdiction of the Council for the purpose of making by-laws for the maintenance of order and decency at such baths, whether the same were or were not established by the Council.
Pulling Down Unhealthy or Ruinous Buildings
291 Unhealthy buildings may be removed.
Ibid, sec. 319 1903, No. 41. sec. 7
Upon the certificate of the District Health Officer or of two duly qualified medical practitioners, or the declaration of any three electors and the certificate of one qualified medical practitioner, that any building or place in a borough is in a condition unfit for occupation or dangerous to public health, the Council of such borough may give notice to the owner thereof to pull down the same within a time named in such notice; and all proceedings shall be had in such case as mentioned in the next succeeding section, and the Council may recover from the owner, or deduct from the proceeds mentioned in clause seven of the Twelfth Schedule hereto, all expenses incurred under this section.
292 Case of ruinous buildings.
1900, No. 50, sec. 350 1902. No. 59, sec. 25
(1.)
If any building in a borough is in a ruinous condition, so as to be dangerous to persons therein or in the adjoining buildings or to passers-by, the Council may exercise the powers contained in the Twelfth Schedule hereto.
(2.)
The word “building”
in this section and in the said Schedule includes any part of a building, or anything affixed thereto, and also a wall or fence whether forming part of a building or not.
Improvement of Insanitary Portions of Borough
293 Power to acquire and improve insanitary portions of borough.
1900, No. 50. sec. 351
(1.)
For the purpose of improving any part of a borough the Council may do all or any of the following acts, that is to say:—
(a.)
Take, under the provisions of “The Public Works Act, 1908,”
or purchase any part or parts of the borough that in the opinion of the Council has or have become in an over-crowded, degraded, or insanitary condition:
(b.)
Pull down or alter buildings and erections, abolish streets, private streets, private ways, and other ways and passages erected, lying, or being in any part of the borough so taken or purchased:
(c)
Lay out fresh streets, and also squares, open spaces, and recreation and other reserves in the said part of the borough:
(d)
Sell by public auction or public tender, after due public notice of such sale, any portions of the said part of the borough and any buildings and erections thereon:
(e)
Exercise as to any portions of the said part of the borough, and any buildings or erections thereon, any general powers of leasing for the time being vested in the Council. In any lease of any such portion as aforesaid it may be stipulated (in addition to all other stipulations which may by law be inserted therein) that the lessee shall pull down, remove, or alter any existing building or erection within a time thereby limited; and every such lease shall contain generally such covenants, powers, and provisions as the Council thinks fit: (f.) Raise for all or any of the purposes of this section any special loan under the provisions of “The Local Bodies’ Loans Act, 1908”
:
(g.)
Perform, do, or suffer any act, matter, or thing whatsoever for the furtherance of any of the objects or purposes of this section.
(2.)
The resolution to do any act under this section shall be passed by way of special order.
Preventing Overcrowding
294 Open space to be provided for every dwellinghouse.
1906, No. 56, sec. 9
(1.)
Every person who erects a new dwellinghouse in a borough shall provide at the side or in the rear thereof an open space exclusively belonging to such dwellinghouse and of an extent of not less than three hundred superficial feet.
(2.)
Such open space shall extend throughout the entire width, or, in the alternative, throughout the entire depth of the site, and shall be free from any erection thereon above the level of the ground, and shall be so maintained while the site is occupied by the dwellinghouse.
(3.)
The minimum distance across such open space from every part of the dwellinghouse, and from any part of any wash-house, shed, convenience, or other erection attached thereto, shall be as follows:—
| (a.) If the height of the dwellinghouse does not exceed fifteen | Fifteen feet. |
| (b.) If the height exceeds fifteen feet but does not exceed twenty-five feet | Twenty feet. |
| (c.) If the height exceeds twenty-five feet but does not exceed thirty-five feet | Twenty-five feet. |
| (d.) If the height exceeds thirty-five feet | Thirty feet. |
(4.)
The height of a dwellinghouse shall, for the purposes of this section, be measured from the average level of the ground immediately adjoining the side or the rear of such dwellinghouse, as the case may be, to the level of half the vertical height of the roof or to the top of the parapet, whichever is the higher.
(5.)
Where any alteration or addition is made to any dwellinghouse (whether erected before the coming into operation of this Act or not) the open space attached to such dwellinghouse shall not be diminished by such alteration or addition so as to leave a lesser area than is required by this section to be provided.
(6.)
The erection of a dwellinghouse on vacant land or on a site previously occupied by any building, or the re-erection of any dwellinghouse pulled down to within one foot of the ground floor, or the conversion into a dwellinghouse of any building not originally constructed for human habitation, or the conversion into more than one dwellinghouse of a building originally constructed as one dwellinghouse only, or an addition to or raising of an existing dwellinghouse (so far as such addition or raising is concerned), shall be deemed to be the erection of a new dwellinghouse within the meaning of this section.
(7.)
The ground on which any dwellinghouse is erected, together with the whole curtilage thereof enclosed within the boundary fences, walls, or lines of the premises, shall be deemed to be the site of such dwellinghouse within the meaning of this section.
(8.)
For the purposes of this section, where the side boundaries of any site are not of the same length, the mean length of such side boundaries shall be taken as the depth of the site for the purpose of defining the distance across such open space.
(9.)
The provisions of this section shall be deemed to be complied with if the open space at the rear and side of any dwellinghouse is equal to one and one-half times the area that would be required to be left at the side or at the rear if the provisions of this section were complied with, even though the various subsections hereof have not been strictly complied with:
Provided that the minimum distance across the open space so provided shall be clear of all obstructions for not less than fifteen feet from every part of the dwellinghouse.
(10.)
This section shall not apply to hotels.
295 Lodginghouses, dimensions of rooms.
1906, No. 56, sec. 10
(1.)
The Council may of its own motion, and shall when-ever the District Health Officer recommends, from time to time make by-laws prescribing, in respect of lodginghouses, hotels, and houses occupied by more than one family (hereinafter referred to as “lodginghouses”
),—
(a.)
The minimum number of cubic feet which every bedroom must contain for each lawful occupant thereof;
(b.)
The minimum number of cubic feet which any living-room in the building erected after the coming into operation of “The Municipal Corporations Act, 1900,”
must contain; and (c.) The proportion that must obtain between the number of living-rooms in any lodginghouse and the number of persons who may lawfully occupy such lodginghouse.
Lodginghouses to be classified.
(2.)
As soon as may be after the making of such by-laws, and consistently therewith, the Council shall examine and classify all lodging-houses then existing in the borough, and determine as to each such lodginghouse the maximum number of persons who may lawfully occupy the same or lawfully sleep in any room of the same.
Lodginghouse list
(3.)
The Council shall prepare a list, called the “lodginghouse list,”
setting forth—
(a.)
The situation and number or other distinguishing mark of each lodginghouse;
(b.)
The total number of living-rooms therein;
(c.)
The maximum number of persons who may lawfully occupy such lodginghouse;
(d.)
The number of cubic feet contained in each room; and (e.) The maximum number of persons who may lawfully sleep therein.
(4.)
Such list shall be open for inspection for at least three weeks at the Town Hall or other principal office of the borough.
Objections.
(5.)
Objections to such list may be made and shall be disposed of, and the list may be amended, and shall be settled and signed, in the manner hereinbefore prescribed in the case of the district electors list.
(6.)
The lodginghouse list, when so corrected, settled, and signed, shall be the lodginghouse roll of the borough, and, subject to such modifications as may be occasioned by the subsequent alteration of existing lodginghouses and erection of new ones, shall be sufficient evidence of the matters therein set forth.
Lodginghouse roll.
(7.)
The lodginghouse roll shall be made up annually, and shall be printed, and for the purposes of evidence it shall be sufficient to produce what purports to be a printed copy thereof.
296 Illegal occupation of building.
1906, No. 56, sec. 11
(1.)
Every person who knowingly permits any building to be occupied in breach of either of the two last preceding sections, or of any by-law made thereunder, is liable to a fine not exceeding two pounds for every day during which such breach continues.
(2.)
Every lodginghouse which, on or after the twenty-ninth day of October, one thousand nine hundred and six (being the date of the coming into operation of “The Municipal Corporations Amendment Act, 1906”
), is erected in breach of either of the two last preceding sections shall be deemed to be unfit for occupation, and may be dealt with under section two hundred and ninety-one hereof, without the necessity of any certificate as therein mentioned.
Deserted Houses
297 Powers of Council as to deserted houses.
1900, No 50, sec. 353
The Council, on being satisfied that any building in a borough is a deserted building, and is used, or has for the greater part of two months then past been used, as a disorderly house, or as a refuge for thieves or prostitutes, or to the annoyance of the neighbourhood, may, after giving the prescribed notices, cause such building to be pulled down, and may destroy or sell and retain the proceeds of the materials composing the same.
Placards
298 Against posting placards.
1900, No. 50, sec. 354 1903, No. 41 sec. 7
No person shall post, paint, affix, carve, inscribe, or exhibit any placard, bill, inscription, advertisement, or notice upon any telegraph or telephone pole, or on any street, private street, building, structure, or place within the borough, save only on hoardings or places licensed by the Council for such purpose:
Provided that this section shall not prevent any person from exhibiting notices on any building, or structure, or place owned or occupied by him.
Part XXIX PUBLIC RECREATION AND INSTRUCTION
299 Council may provide places of public recreation.
1900, No. 50, sec. 355
(1.)
In order to provide for the health, amusement, and instruction of the public the Council may—
(a.)
Purchase or otherwise provide land and buildings, within or without the borough, to be used as pleasure-grounds, gardens, libraries, museums, music-halls, gymnasiums, or for any other purpose of enjoyment or recreation:
(b.)
Lay out, improve, and plant any such land:
(c.)
Furnish any such buildings with books, and works of nature or art, and with all such things as the Council thinks fitting for such purposes:
(d.)
If it thinks fit, fix reasonable charges to he paid to the District Fund for the uses of any such land or buildings, subject, however, in the case of a library to the following provisions, that is to say:—
Where library rate struck, admissions to be free. Ibid, sec. 356
(i.)
In the case of a library supported or partly supported by means of a rate, or heretofore established under “The Public Libraries Act, 1869,”
admission thereto shall be open to the public free of all charge; but
(ii.)
The Council may by by-law make charges for lending books out of any library under its control.
Council may aid museums, libraries, &c. Ibid. sec. 357
(2.)
In addition to the powers conferred by the foregoing provisions of this section, the Council may maintain or otherwise aid athenaeums, mechanics’ or youths’ institutes, museums, and public libraries not conducted for the purpose of private profit, or/may, with the consent of the trustees or other governing body, assume control of any such athenaeum, institute, museum, or library, and acquire the property thereof; and such trustees and governing bodies are hereby authorised to give such consent and to transfer such property to the Corporation.
300 Other institutions.
1902, No. 59, sec. 26
The last preceding section is hereby extended to include any physical training-school, gymnasium, or Trades Hall not conducted for the purpose of private profit; and the Council may maintain or other-wise aid any institution referred to in the said section or this section by money, or grant, or lease of land.
301 Surplus moneys appropriated to any reserve may be expended upon other reserves.
1900, No. 50. sec. 358
Where any moneys are appropriated to the purposes of any recreation or other reserve, and there is a surplus of such moneys after defraying the cost of maintenance of such reserve and other charges and expenses in connection therewith, it shall be lawful for the Council to expend all or any part of such surplus for or towards the maintenance or otherwise for the benefit of some other reserve or reserves vested in the Corporation or under the management of the Council.
Part XXX PLANTING
302 Council may plant
1900, No. 50, sec. 359
The Council shall have power to expend any portion of the District Fund in planting and tending trees, shrubs, or other plants on any lands not belonging to private owners, or in any manner for encouraging such planting.
Part XXXI AGRICULTURAL AND OTHER SCHOOLS
303 Council may establish agricultural, &c., schools
Ibid, sec. 360 1906, No. 56, sec. 13(o)
The Council may from time to time apply any portion of the District Fund to the establishment and maintenance of agricultural schools, or model farms, or of technical or secondary schools, and to the purchase and construction of all necessary lands, buildings, machinery, apparatus, implements, live-stock, or other materials or things necessary or convenient to be used for or in connection therewith; and the establishment of such schools or farms shall for all purposes be deemed to be a public work.
Part XXXII RIFLE RANGES
304 Council may maintain rifle ranges.
1900, No. 50, sec. 361
The Council may from time to time apply any portion of the District Fund to the establishment and maintenance of rifle ranges, with butts, targets, and all other necessary appliances, and may purchase or otherwise acquire or take any land necessary for the purpose.
Part XXXIII BUILDINGS FOR PUBLIC MEETINGS, ETC
305 Buildings for public meetings to be licensed and inspected.
Ibid, sec. 362
(1.)
It shall not be lawful to use any building within a borough for public meetings, or as assembly-rooms, or as a theatre or music-hall or dancing-hall, or for any public performances or public amusements whatever, whether a charge is made for admission thereto or not, except upon the conditions set out in the Thirteenth Schedule hereto.
Places of public worship to be licensed. 1902, No. 59, sec. 29 1906, No. 56, sec. 14
(2.)
This Part of this Act and also the said Thirteenth Schedule apply to all buildings used for purposes of public worship, except that no license fee shall be payable in respect of any building exclusively used for such purposes.
306 Sunday entertainments.
1960, No. 50, sec. 363
(1.)
No concert or entertainment of any kind which is open to the public, whether by the purchase of tickets or otherwise, shall be held or given on any Sunday without the written consent of the Council, and then only subject to such conditions in every respect as the Council may impose.
(2.)
The Council may exercise this power either generally or in any particular case or class of cases, and may delegate such power to any of its members.
307 Register of licensed buildings.
Ibid, sec. 364
The Council shall cause a book to be kept in which shall be registered all buildings licensed as above provided, with all the particulars stated in the application for a license.
308 Surveyor may enter buildings.
1900, No. 50, sec. 365
The Surveyor or other officer appointed by the Council in that behalf may at all reasonable times enter and inspect any such licensed building.
309 License may be cancelled
Ibid, sec. 366
(1.)
Upon the Council being satisfied that any licensed building has become insecure, or is being used in a disorderly manner so as to be obnoxious to the neighbouring inhabitants or to the public, or that it is being used for other purposes than those stated in the license, the Council may cancel or suspend such license either wholly or for such period as it thinks fit, and shall forthwith give notice to the licensee of such cancellation or suspension.
Appeal.
(2.)
If the licensee feels aggrieved at the cancellation or suspension of his license, he shall have the same right of appeal as is given in the said Thirteenth Schedule to a person to whom a license is refused, and the Supreme. Court shall have the power to revoke any such cancellation or suspension.
310 Penalty for not having a license.
Ibid. sec. 367(1)
If any owner or occupier or person having the control of any such building uses it, or allows it to be used, for any of the purposes above mentioned, not having a license for the same, or during the time when such license is cancelled or suspended as above provided, he shall be liable to a fine not exceeding twenty pounds for every such offence.
311 Building defined.
Ibid, sec. 367(2) 1906, No. 56. sec. 13(p)
In this Part of this Act, and in the Thirteenth Schedule hereto, the word “building”
includes any part of a building or any enclosure, ground, or premises whatsoever.
Part XXXIV MARKETS AND WEIGHING-MACHINES
312 Council may provide market-places.
1900, No. 50, sec. 369
The Council may provide market-places in the borough, and for such purpose may acquire land and erect thereon all such buildings and provide all such things as are necessary or convenient for holding markets thereon, and may make all convenient approaches thereto.
313 Market charges.
Ibid, sec. 369
(1.)
The Council may by special order fix and may demand and receive tolls and dues from all persons exposing or offering for sale within any such market-place any property of any description whatsoever allowed by the Council to be sold therein; and may let, for such term not exceeding three years as it thinks fit, stalls or standing-places for goods or animals, and may receive stallages and rents for the same.
(2.)
All such moneys are herein called “market charges.”
314 Council may let market charges.
Ibid, sec. 370
(1.)
The Council may let, for any period not exceeding three years, all or any of the market charges which it is hereby empowered to receive.
Scale of market charges may be altered. Ibid, sec. 371
(2.)
The Council may from time to time alter the scale of market charges, but no such change shall be made during the continuance of the lease thereof without the consent of the lessee.
315 If not paid may be levied by distress.
Ibid, sec. 372
(1.)
If any person neglects or refuses to pay any market charge on demand, the Council may cause such charge to be levied by distress and sale of the property in respect of which such charge is payable, or of any other property in the market belonging to or under the charge of the same person, in such manner as may be prescribed by by-laws.
(2.)
This provision shall not be deemed to affect any other remedy which the Council or any officer or lessee of the Council may have for the recovery of any such charge either under this Act or under any by-laws to be made thereunder.
316 Weighing-machines.
1900, No. 50, sec. 373
(1.)
The Council may provide public weighing-machines either in a market-place or elsewhere or where no market is established, and may fix charges for the use of the same, which shall be included in the term “market charges”
in sections three hundred and thirteen to three hundred and fifteen hereof.
Any person may have vehicle weighed.
(2.)
Any person may require any vehicle, whether loaded or unloaded, to be weighed at a public weighing-machine.
Part XXXV NOXIOUS PLANTS
317 May contribute funds for eradication of noxious weeds.
Ibid, sec. 374
The Council may from time to time contribute out of the District Fund such sum or sums of money as it deems necessary to expend for the purpose of eradicating or preventing the spread of any weed or plant which it has by special order declared to be noxious; and before enforcing, or concurrently with the enforcement of, any by-law made for such purpose the Council shall use all necessary means to eradicate such weed or plant from all streets, river-beds, reserves, and lands under the control of the Council.
Part XXXVI MINING
318 Governor in Council may delegate power to Council to expend money for gold-mining operations.
Ibid, sec. 375
(1.)
The Governor may from time to time by Order in Council delegate to the Council the expenditure of moneys appropriated by Parliament for expenditure in encouraging and assisting the prospecting for gold, or gold-mining operations, in any mining district or part of any mining district within the borough.
(2.)
In the expenditure of such moneys the Council shall conform to all such conditions and regulations as are prescribed in that behalf by Parliament or by the Governor in such delegation.
(3.)
When any such delegation has been made the Minister of Finance may, without further appropriation, pay over to the delegated Council the amount payable in pursuance thereof.
319 Council, in mining or gold-mining district, may expend revenue in prospecting.
Ibid, sec. 376
It shall be lawful for any Council having jurisdiction in a mining district to expend a portion of the revenues received by it from duty on gold or goldfields revenue in prospecting for diamonds, gold, silver, tin, coal, or other metals or minerals.
320 Water-races and sludge-channels may be disposed of or vested in Council.
Ibid, sec. 377
The Governor may from time to time by Order in Council dispose of by public tender any water-races or sludge-channels vested in the Crown, or may vest in the Council any water-race or sludge-channel vested in the Crown, with all the revenues and other rights and benefits accruing from or annexed to the same, but so that every such water-race or sludge-channel shall continue to be liable to all conditions as to uses and otherwise howsoever as are declared and directed in that behalf by such Order.
Part XXXVII HARBOUR-WORKS AND NAVIGATION
321 Power of Council with regard to wharves, jetties, &c.
Ibid. sec. 378
Where a borough is bounded on any side by the sea, or any harbour, arm, or creek thereof, or by any lake or river, or includes any part of any river, the Council may do the following things:—
(a.)
Erect and maintain quays, docks, piers, wharves, jetties, and harbour-works of any kind upon any land and upon the foreshore, or to such distance beyond low-water mark as the Council thinks fit:
(b.)
Remove obstructions or impediments to navigation from the bed of the sea, or the banks or bed of any such lake or river, and execute and maintain works which, in the opinion of the Council, tend to improve the navigation thereof:
(c.)
Erect and maintain protective works to prevent the encroachment of the sea or of such river:
Provided that the Council shall exercise the powers hereby given only in accordance with and subject to the provisions of “The Harbours Act, 1908.”
322 Wharves, &c., to be property of Corporation.
1900, No. 50, sec. 379
All wharves, jetties, and other works constructed under the authority herein contained shall be the property of the Corporation.
323 Limitation of powers.
Ibid, sec. 380
Nothing hereinbefore contained shall authorise the Council to construct such wharves or other works, or to levy any tolls, upon any land the property of any private person without the leave of such person; or, in any place where the foreshore is under the control of a Harbour Board or other lawful authority, without the leave of such Board or authority; or, upon any land the property of the Crown or vested in the Governor, without the leave of the Governor; or to vest in the Corporation any part of the foreshore or other land not otherwise the property of such Corporation.
324 Governor may declare Council to have powers of Harbour Boards.
Ibid, sec. 381
(1.)
In any place where there is no Harbour Board the Governor, on the request of the Council of any borough bordering on any estuary or arm of the sea. may, by Order in Council gazetted, declare that such Council shall, from a date to be fixed in such Order, exercise all the powers of a Harbour Board within such limits of such estuary or arm aforesaid as the Governor may define for that purpose.
(2.)
From and after the date fixed by such Order the Council aforesaid shall be deemed to be a Harbour Board as if it had been so constituted by special Act.
Part XXXVIII WORKERS’ DWELLINGS
325 Interpretation.
Ibid, sec. 382
(1.)
In this Part of this Act, if not inconsistent with the context,—
“Worker” includes every person, male or female, who is employed in work of any kind or in manual labour:
“Workers’ dwellings” includes lodginghouses for different persons and families, as well as separate dwellinghouses for individual persons and families. The expression also includes land, not exceeding three acres, surrounding the dwelling.
Council may erect, or purchase workers’ dwellings.
(2.)
The Council may, on any land purchased, acquired, or appropriated by it for the purpose, either within the borough or adjacent thereto, erect, for occupation by workers employed or resident in the borough, any buildings suitable for workers’ dwellings, or may purchase or otherwise acquire any buildings with or without lands for such purpose, and may convert any buildings into workers’ dwellings, and may alter, enlarge, repair, and improve the same respectively, and fit up, furnish, and supply the same or any of them respectively with all requisite furniture, fittings, and conveniences.
By-laws.
(3.)
The Council may make by-laws in reference to the letting of workers’ dwellings.
Management.
(4.)
The Council shall manage and control every workers’ dwelling that it so fits up, furnishes, and supplies as aforesaid.
Charges.
(5.)
The Council may make reasonable charges for the tenancy or occupation of the workers’ dwellings provided under this Part of this Act.
Provision for management.
(6.)
It shall be obligatory on every Council that establishes any workers’ dwelling as a lodginghouse to make by by-laws sufficient provision for the management and control thereof by the Council, and for the observance of proper conduct therein.
Acquiring land a "public work.”
(7.)
The acquiring of land and erection of workers’ dwellings for the purposes of this Part of this Act shall be deemed a public work within the meaning of “The Public Works Act, 1908.”
DIVISION VII PRIVATE WORKS
Part XXXIX GENERAL PROVISIONS AS TO PRIVATE WORKS
326 Order for execution of private work.
1900, No. 50, sec. 383
Whenever by or under this Act power is given to the Council to order or require any person, not being an officer of the Council, to execute or do any work or thing, such power may be exercised by a resolution of the Council, followed by an order or notice authenticated and served as provided in sections three hundred and sixty-two and three hundred and sixty-three hereof.
327 Occupiers refusing to disclose owners.
Ibid, sec. 384
(1.)
If the occupier of any premises, when requested by any officer of the Council to state the name and address of the owner of such premises, refuses or wilfully omits to disclose or wilfully misstates the same, he is liable to a fine not exceeding five pounds.
Obstructing work by owner.
(2.)
If the occupier of any premises refuses or neglects to allow the owner thereof to carry into effect with respect to such premises any provisions of or under this Act, he is liable to a fine not exceeding five pounds for every day during the continuance of such refusal or neglect; and the owner shall not be liable to any fine to which he might otherwise have become liable by reason of his default during the period proved by such owner of such refusal or neglect by the occupier.
328 Occupier may art in certain cases on default of owner.
Ibid, sec. 385 1903, No. 41, sec. 7
(1.)
Where default is made by the owner of any premises in the execution of any work required to be executed by him by or under this Act, the occupier of such premises may, with the approval of the Council, cause such work to be executed.
May recover from owner.
(2.)
In such case, and in any case in which any occupier is compelled to do any work or pay any money which ought primarily to be done or paid by the owner, the expense of such work or the money so paid shall be repaid to such occupier by the owner; and such occupier may deduct the amount of such expense, or the money so paid, out of the rent from time to time becoming due from him to such owner.
329 Council may agree with owners to execute private works.
1900, No. 50, sec. 386 1903, No. 41, sec. 7
It shall be lawful for the Council, by agreement with and at the expense (including five per centum for supervision) of the owner or occupier of any premises within the borough, to execute on or in connection with such premises any works in connection with the drainage or sanitation thereof, or the supply thereof with water, gas, or electricity, or any other works which such owner or occupier may be desirous of having executed or may be liable to execute by or under this Act.
330 Council may execute works on default by owner or occupier.
1900, No. 50, sec. 387
(1.)
Where by or under this Act any owner or occupier of private premises or other person is liable to execute, provide, or do any works, materials, or things on or in connection with any premises or otherwise, and—
(a.)
Such owner or occupier, after notice requiring him so to do, makes default in commencing to comply with such notice within the time specified in such notice in that behalf, or if no such time is specified, then within a reasonable time; or
(b.)
If the work is certified in writing by any officer of the Council to be of an urgent nature, and the contents of such certificate have been communicated to such owner or occupier, then, if such default is made for twenty-four hours from the time of such communication; and
(c.)
If in either case such owner or occupier does not thenceforth proceed with such work with all reasonable expedition—
then the Council may, if it thinks fit, itself execute, provide, or do such works, materials, and things, and recover the cost thereof, together with a sum equal to five per centum of such cost for supervision, with interest thereon at six per centum per annum, from such owner or occupier in any Court of competent jurisdiction.
Cost to be a charge Ibid, sec. 388
(2.)
Such cost and interest shall, until payment thereof, be a charge upon the said premises.
331 Recovery of cost.
Ibid, sec. 389
Whenever the default of any person in doing any act is by or under this Act made an offence, and the Council or any officer of the Council is authorised to do such act in default of such person doing the same, the Council may recover the cost thereof from such person so making default.
332 Recovery of cost if owner unknown.
Ibid, sec. 390
Whenever the Council has incurred any expenses on or in connection with any unoccupied land or premises which the owner is by or under this Act liable to repay to the Council, and such owner is unknown, or not known to be within New Zealand, such cost, with five per centum thereof for supervision, may be recovered by the Council in the same way in all respects, both as to procedure for obtaining judgment and in selling and conveying or leasing the land or otherwise, as unpaid rates may be recovered.
DIVISION VIII SUBSIDIARY AND INCIDENTAL PROVISIONS
Part XL OFFENCES
333 Obstructing Council or officer.
Ibid, secs. 391. 392
(1.)
Every person is liable to a fine not exceeding ten pounds who wilfully does, or incites any other person to do, any of the following things:—
(a.)
Prevents the Council, or any member or officer thereof, or other person duly authorised or employed for the purpose of carrying out any provision of or under this Act, from carrying out any such provision; or
(b.)
Obstructs or impedes the Council or any such person in carrying out any such provision.
Destroying or interfering with notices.
(2.)
Every person is liable to a fine not exceeding five pounds who wilfully destroys, removes, pulls down, injures, or defaces any board, placard, or notice set up or made or published under this Act, or incites any other person so to do.
334 Malicious injury to drainage-works or waterworks.
1900, No. 50. sec. 393
Every person who wilfully and maliciously destroys, damages, stops, or obstructs—
(a.)
Any public or private drain or covered watercourse or other drainage-work; or
(b.)
Any protective work; or
(c.)
Any waterworks,—
is liable on conviction to imprisonment for any term not exceeding three years with or without hard labour, or to such fine not exceeding five hundred pounds, as the Court may impose.
335 Wilful injury to works or property.
Ibid, sec. 394
Every person who wilfully destroys, injures, damages, stops, obstructs, or otherwise interferes with anything forming part of or connected with any other works or property vested in or under the control of the Council is liable to a fine not exceeding fifty pounds.
336 Disobedience to Act by-laws, or regulations.
Ibid, sec. 395
(1.)
Where by or under this Act any act is directed to be done or forbidden to be done, or any authority is given to any Council or any officer thereof to direct any act to be done or forbid any act to be done, and the act so directed to be done remains undone, or the act so forbidden to be done is done, in every such case the person making default as to such direction or prohibition shall be deemed guilty of an offence against this Act.
Penalty whore none expressly provided.
(2.)
Every person guilty of an offence against this Act for which no penalty is specifically provided elsewhere than in this section is liable for any such offence to a fine not exceeding twenty pounds.
Act not to affect other Acts creating offences.
(3.)
No provision of this Act, or of any regulation or by-law under this Act, making any act or default an offence, or rendering any person liable to a fine or other punishment in respect of any act or default, shall be deemed to repeal or in any way affect any provision of any other Act under which such act or default may also be an offence or any person may be liable to the same or any other penalty or punishment.
(4.)
Any such person may be proceeded against either under this Act or the by-law or regulation under this Act, or under such other Act.
(5.)
But no person shall be punished both under this Act, or a by-law or regulation under this Act, and also under such other Act in respect of the same act or default.
Part XLI LEGAL PROCEEDINGS
337 Judges and Justices not interested as ratepayers.
Ibid, sec. 396
No Judge, Magistrate, or Justice shall be deemed to be interested in any case in which he is acting judicially solely on the ground that he is a ratepayer.
338 Representation of Council in proceedings in Magistrate’s Court, &c.
1000, No. 50, sec. 397
(1.)
In all proceedings in which the Council is concerned under any Rating Act or under any Act in relation to bankrupts, and in all proceedings in a Magistrate’s Court or before any Justice, the Mayor, or any Councillor appointed for the purpose by resolution of the Council, or the Town Clerk, or any other officer of the Council appointed by the Mayor in writing under his hand, may represent and may act on behalf of the Council.
(2.)
Such Mayor, Councillor, Clerk, or other officer shall be reimbursed out of the District Fund all damages, costs, charges, and expenses incurred by him by reason of anything contained in this section.
339 Service of legal proceeding on Council.
Ibid, sec. 398
Any summons, writ, or other legal proceeding requiring to be served on the Corporation or Council may be served by being left at the public office of the Council or given personally to the Mayor or Town Clerk.
340 Valuation roll to be evidence of ownership.
Ibid, sec. 399
In the course of any legal proceedings instituted for enforcing any provision of or under this Act, the production of the valuation roll for the time being in force shall be evidence that any person named and described therein as the owner of any property was at the time of the making of such valuation roll, and thenceforth has continued to be, and still is the owner of the same property, unless the contrary is proved.
341 Fines to be recovered summarily.
Ibid, sec. 400
(1.)
All fines imposed by or under this Act may be recovered in a summary manner under “The Justices of the Peace Act, 1908,”
unless the contrary is expressed, or power is given to award imprisonment for a longer term than can be awarded by Justices under that Act.
Penalty for disobeying order.
(2.)
Where any order is made under this Act by any Magistrate or Justices directing the execution of any work or the doing of any act (other than the payment of a fine) and no punishment for disobedience to such order is otherwise provided by this Act, every person disobeying such order shall be liable to a fine not exceeding five pounds for every day during which such disobedience continues.
342 Stints payable by private persons to Council for work done, &c., recoverable summarily.
Ibid, sec. 401
All sums payable by any person to the Corporation or Council in respect of any works, materials, or things executed, provided, or done by the Council may be recovered in any Court of competent jurisdiction.
343 Notice of action against Corporation, Council, or person acting in execution of Act, and other proceedings.
Ibid, sec. 402
(1.)
No action or proceeding shall lie against the Corporation or Council, or any member or officer of the Council or of any committee appointed by the Council, or other person acting under the authority or in the execution or intended execution or in pursuance of this Act, for any alleged irregularity, or trespass, or nuisance, or negligence, or any act or omission whatever, unless notice in writing (specifying the cause of the action or proceeding, and the name and residence of the intending plaintiff or prosecutor, and of his solicitor or agent in the matter) is given by the intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the action or proceeding.
(2.)
Every such action or proceeding shall be commenced within six months next after the act or thing complained of is done or omitted, or, in case of a continuation of damage, within three months next after the doing of such damage has ceased, and not afterwards.
(3.)
Every such action or proceeding shall be laid and tried in the place where the cause of action or a material part thereof arose, and not elsewhere.
(4.)
In any such action or proceeding the defendant may plead generally that the act or thing complained of was done or omitted under the authority or in the execution or intended execution or in pursuance of this Act, and may give all special matter in evidence.
(5.)
On the trial or hearing of any such action or proceeding the plaintiff or prosecutor shall not be permitted to go into evidence of any cause or ground thereof not stated in his notice.
(6.)
The plaintiff in any such action shall not succeed if tender of sufficient amends is made by the defendant within one month after the giving of the notice of action; and in case no tender has been made the defendant may, in accordance with the practice of the Court in which the action is brought, or by leave of the Court, at any time pay into the Court such sum of money as he thinks fit; whereupon such proceeding and order shall be had and made in and by the Court as may be had(and made on the payment of money into Court in an ordinary action.
(7.)
In cases of injury to the person the person injured shall permit himself to be examined by any medical practitioner appointed by the Council, and in every case the property injured, and all accounts and vouchers in respect of the injury (whether to person or property), may be examined by any person appointed by the Council or the Mayor.
Court may waive compliance in curtain cases.
(8.)
In cases of injury to the person (whether resulting in death or not) the Court may, before or at the trial, waive the non-compliance or insufficient compliance with subsections one and two hereof, if satisfied that there was reasonable excuse, and on such terms as the Court thinks fit.
Part XLII BY-LAWS
Subject-Matters and Modes of Making and Proving
344 Subject-matters of by-laws.
1900, No. 50, sec. 403 1901, No. 50. sec. 13(q)
The Council may from time to time make such by-laws as it thinks fit for all or any of the following purposes:—
(a.)
The good rule and government of the borough:
(b.)
The more effectually carrying out any of the objects of this Act:
(c.)
Regulating any of the subject-matters of this Act:
(d.)
Regulating, controlling, or prohibiting any act, matter, or thing usually the subject of municipal regulation, control, or prohibition:
(e.)
Regulating, controlling, or prohibiting any act, matter, or thing in relation to any subject-matter to be prescribed in that behalf by regulations made under this Act:
(f.)
Protecting any property belonging to the Corporation, or controlled by the Council, from damage or injury:
(g.)
Prescribing the terms and provisions of leases, and the classes of buildings and improvements for which any compensation or allowance shall be made under any lease:
(h.)
Conserving public health, safety, and convenience, and preventing and abating nuisances:
(i.)
Regulating, controlling, or prohibiting exceptional or heavy traffic on streets, and prescribing payments in respect of such traffic:
1903, No. 41, sec. 16
(j.)
Regulating, either in proportion to the weight of load or the number of animals employed, the width of the tires of wheels which shall be used by all vehicles, whether plying for hire or not, within the borough:
(k.)
Regulating the weight of any engine, agricultural or other machines, or vehicle of any kind, and the weight of any load or material of any kind, which shall be permitted to cross any bridge within the borough, and the times when such engines, agricultural or other machines, or vehicles shall be allowed to cross any such bridge:
(l.)
Regulating the times when and the route by which traction-engines may be allowed to pass along the streets within the borough:
(m.)
Regulating the pace, mode or manner, and times at which any horses, cattle, engines, agricultural or other machines, or vehicles shall cross or be driven, led, or taken over any bridge within the borough:
(n.)
Prescribing the route by which loose horses, cattle, sheep, pigs, or other animals may be driven along the streets within the borough:
(o.)
Regulating, controlling, or prohibiting the display upon or over public buildings or bridges, or upon or over buildings, walls, fences, lamp-posts, pavements, or hoardings, situated in or upon or adjoining any land or street the property of the Corporation or under the control of the Council, or the display in any manner so that it shall be visible from any such street or public place, of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes:
1895, No. 32, sec. 8
(p.)
Prohibiting the erection of any fence composed wholly or partly of barbed wire within the borough, or such portions thereof as are specified in any by-law:
1900, No. 50, sec. 403
(q.)
Regulating the use of any reserve, cemetery, recreation-ground or other land, and any public building or public place vested in the Corporation or under the control of the Council, and whether situate within or beyond the borough:
(r.)
To repeal or alter a by-law.
345 Particular subject-matters of by-laws.
Ibid, sec. 404
Without prejudice to the generality of the powers conferred by the last preceding section, the Council may from time to time make by-laws for any of the purposes or on any of the subjects following, that is to say:—
(a.)
Concerning streets and the use thereof, and the construction of anything upon, over, or under a street:
(b.)
Concerning the construction and repair of buildings:
(c.)
Regulating drainage and sanitation:
(d.)
Regulating and licensing the keeping in the borough of any animals or birds the keeping of which is likely to become a nuisance or injurious to health:
(e.)
Regulating or prohibiting the erection of buildings not having a frontage to a public or private street, and preventing the overcrowding of land with buildings:
(f.)
Defining, licensing, and controlling common lodging-houses and billiard-rooms and public baths:
(g.)
Regulating the sale of all articles of human food of a perishable nature:
(h.)
Regulating bathing:
(i.)
Preventing danger from fire:
(j.)
The storage of dangerous goods:
(k.)
Defining and licensing and regulating the conduct of carriers of persons and goods for hire, and hawkers, pedlars, keepers of coffee and other stalls, porters, criers and bellringers, and boatmen:
(l.)
The inspection of any land, building, or premises for any purpose of this Act:
(m.)
Providing that no person shall supply milk in the borough without a license from the Council:
(n.)
The inspection of cattle in dairies, and prescribing and regulating the inspection, lighting, ventilation, cleansing, drainage, and water-supply of dairies and cowsheds and yards in the occupation of persons following the trade of cow-keepers or dairymen, or used by them in connection with such occupation, whether within or without the borough, if the milk is supplied from such dairies for the consumption of persons within the borough.
346 Generally as to provisions of by-laws.
1900, No. 50, sec. 405
In framing by-laws under this Act the following provisions shall apply:—
(a.)
A by-law may require any works or things to be executed or done of materials, within a time, or in a manner to be directed or approved in any particular case by the Council or any officer thereof, or other person.
(b.)
A by-law may leave any matter or thing to be determined, applied, dispensed with, prohibited, or regulated by the Council from time to time by resolution, either generally or for any classes of cases, or in any particular case.
(c.)
A by-law may provide for the licensing of persons and property and for the payment of reasonable license fees, and may require sanitary and other works to be executed only by qualified and licensed persons.
(d.)
A by-law may provide for the payment of reasonable fees for inspections and other services by district officers.
(e.)
By-laws regulating fares and charges in connection with licensed vehicles may be framed so as to operate within a radius of ten miles from the principal post-office in the borough.
(f.)
By-laws may apply to any land, building, structure, reserve, cemetery, public works, or other property vested in the Corporation or controlled by the Council, although situated beyond the borough.
(g.)
A by-law shall not be deemed invalid merely because it deals with a subject dealt with by the general law.
(h.)
The Council shall have a wide discretion as to the provisions to be contained in any by-law, and as to the reasonableness of such provisions.
(i.)
A by-law may apply to part only of the borough.
347 Limitations.
1900, No. 50, sec. 406 1902, No. 59, sec. 32 1906, No. 56, sec. 13(r)
The powers of making and enforcing by-laws shall be subject to the following limitations and provisions:—
(a.)
A by-law shall not be valid if manifestly repugnant to the laws of New Zealand or the provisions of this Act.
(b.)
A vehicle license taken out under a by-law in the borough within which the vehicle mostly plies shall suffice within five miles therefrom.
(c.)
Where two or more boroughs or where a borough and some other district are wholly or partly situate within five miles of one another, and are not separated by a navigable river, harbour, or arm of the sea, the several local authorities may agree that one of them shall collect the license fees for vehicles and drivers plying in any of the said districts; and the local authority so agreed on, after deducting ten per centum of the amount so collected to cover the cost of collection and supervision, shall distribute the residue rateably between the said districts in the proportion that the population of each bears to the total population of all.
(d.)
The license fee for a hawker or pedlar shall not exceed one pound per annum, and no license fee shall be payable by a hawker or pedlar who sells only perishable articles of human food.
(e.)
Inasmuch as it is inexpedient that questions of religion or morals should be regulated by by-law, no by-law shall be valid if a breach thereof would involve a breach only of some religious or moral rule.
348 By-laws to lie made only by special order.
1900, No. 50, sec. 407
By-laws shall be made only in the manner and subject to the conditions following:—
(a.)
They shall be made only by special order:
Provided that in publicly notifying the resolution making such order it shall not be necessary to set forth the whole of the proposed by-law, if the object or purport of the same is stated, and if a copy of the proposed by-law is deposited at the office of the Council or at some other place in the borough which shall be specified in the notification, and is open to the inspection of the public during office hours for at least seven days immediately preceding the meeting at which the said resolution is to be confirmed:
(b.)
They may be amended before confirmation of the special order making the same:
(c.)
They shall have the common seal of the Corporation affixed thereto:
(d.)
They shall come into force on a day to be fixed at the meeting last aforesaid, which day shall not be earlier than seven clear days after the date of such meeting.
349 Breach of by-laws.
Ibid, sec. 408
(1.)
Every person guilty of a breach of any by-law made under this Act is liable to a fine not exceeding twenty pounds; or where the breach is a continuing one, then to a fine not exceeding five pounds for every day or part of a day during which such breach continues.
(2.)
The Council may, after conviction for the continuing breach of any by-law, apply to the Supreme Court for an injunction to restrain the further continuance of such breach by the person so convicted.
(3.)
The continued existence in a state contrary to any by-law of any work or thing shall be deemed a continuing offence within the meaning of this section.
350 Removal of works executed contrary to by-laws.
1900, No. 50, sec. 409
(1.)
A by-law may authorise the Council, or any officer thereof, to pull down, remove, or alter any work, material, or thing erected or being in contravention of any by-law, and to recover from the person committing the breach all expenses incurred by the Council in connection with such pulling-down, removal, or alteration.
(2.)
The exercise of this authority shall not relieve such person from liability to any penalty incurred by reason of such breach.
351 Proof of by-laws.
Ibid, sec. 410
The production of any document purporting to be a printed copy of any by-law made in whole or in part under the authority of this Act, and to be scaled with the common seal of the Corporation, shall, until the contrary is shown, be sufficient evidence of such by-law having been duly made, and that the same duly came into force on the day mentioned in that behalf in such copy of the by-law.
352 Model by-laws.
Ibid, sec. 411
The Governor may frame and gazette model forms of by-laws under this Act, which forms may be adopted in whole or in part by any Council by by-law in that behalf; but the provisions contained in such forms shall have no greater effect than if framed by the Council.
353 Mode of testing the validity of by-law.
Ibid, sec. 412
(1.)
If any elector of the borough desires to question the validity of any by-law or part of a by-law under this Act, and pays to the Registrar of the Supreme Court the sum of five pounds as security for the costs of proceedings hereinafter mentioned, it shall be lawful for such elector to apply to the said Court or a Judge thereof for an order calling upon the Council to show cause why such by-law or part thereof should not be quashed or varied for some ground or grounds to be stated in such order.
(2.)
Upon the hearing of the matter the Court or Judge may quash or amend the by-law, or make such other order, with or without costs, as to the Court or Judge seems fit.
(3.)
Nothing in this section shall be applicable to an elector being an appellant from any conviction or order under any by-law under this Act.
354 Printed copies to be kept.
Ibid, sec. 413
The Council shall cause printed copies of all by-laws to be kept at the office of the Council, and to be sold at a reasonable charge to any elector applying for the same.
355 Other penalties not remitted.
Ibid, sec. 414
Nothing in this Part of this Act or in any by-law made thereunder shall be deemed to relieve any person from any penalty, punishment, or action to which he would otherwise be liable in respect of anything done by him in breach of any such by-law.
Existing By-Laws
356 Existing by-laws in force in certain areas at commencement of Act saved.
Ibid, sec 415 1903, No. 41, sec. 14
(1.)
All by-laws, rules, and regulations in force in any borough mentioned in the Second Schedule hereto on the coming into operation of this Act, or affecting any area that becomes a borough or part of a borough under this Act, shall, so far as not inconsistent with this Act, be in force within such borough or area until superseded by by-laws made under this Act, and shall, moreover, be as valid and effectual as if made under this Act, and may be proved and enforced in manner herein provided.
(2.)
This section shall extend and apply to the case of any by-laws or regulations made by the local authority of such area in reference to any cemetery, or reserve, or recreation-ground, or waterworks, or other land or work controlled by such local authority but situated outside the limits of such area.
Cas of Future Alteration of Boundaries
357 Area thrown into a different district subject to its by-laws.
1900, No. 50, sec. 416
Whenever, after the constitution of a borough under this Act any area becomes, by reason of any alteration of boundaries or otherwise, part of such borough, such area shall thenceforth be subject to the by-laws, rules, and regulations then in force in such borough to the exclusion of those in force in the district or special district from which it was severed.
Case Of Union Of Boroughs
358 By-laws at time of union to be by-laws of united borough.
Ibid, sec. 417
All by-laws and regulations in force in any of the several boroughs at the time of the union of any boroughs which are applicable to the altered circumstances shall become by-laws and regulations respectively of the united borough, and may by it be repealed or altered, but until so repealed or altered every such by-law and regulation shall remain in force in the district only in which it was in force prior to such union; and every by-law and regulation which cannot be restricted to any particular district shall be deemed inapplicable, and all by-laws and regulations which are inapplicable to the altered circumstances shall be by such union repealed.
Part XLIII STATISTICS
359 Councils to furnish returns.
Ibid, sec. 418
(1.)
The Council shall, as often as may be required by the Registrar-General, not being more than once in each year, furnish to the Registrar-General such statistics and returns relating to the borough, and on such forms, in such manner, and within such time as the Governor directs.
(2.)
All persons shall supply correct information to the best of their knowledge and belief to the persons employed to collect such statistics and returns on their applying therefor; and every person who, after demand made, refuses to supply such information, or knowingly supplies false information, is liable to a fine not exceeding ten pounds.
360 Collector divulging information.
Ibid, sec. 419
If any person so employed to collect and furnish statistics and returns divulges or makes extracts from the information so received, except under the direction and by the authority of the Registrar-General, such person is liable to a fine not exceeding ten pounds for every such-offence.
361 Returns post-free.
Ibid, sec. 420
Every letter or packet, and every telegraphic message, addressed to the Registrar-General, and marked on the outside “Statistics,”
shall be forwarded by post to such address free of charge.
Part XLIV MISCELLANEOUS
362 Signing of orders, notices, and documents.
1900, No. 50, sec. 421
Every order, notice, or other such document requiring authentication by the Council may, unless otherwise provided, be signed by any two Councillors or by the Town Clerk, and need not be under seal.
363 Serving of orders and notices.
Ibid, sec. 422
(1.)
In any case in which it is provided by this Act that an order may be made upon or notice given to any person requiring him to do or abstain from doing anything, or any notice is required by this Act to be given or sent to any person, such order or notice shall be delivered to such person, and may be delivered to him either personally or by sending the same to the last known place of abode, or business of such person by messenger or by post.
(2.)
If such person is absent from New Zealand, the order or notice may be sent to his agent instead of to such person, in any manner mentioned in the last preceding subsection.
(3.)
If such person is not known, or is absent from New Zealand and has no known agent in New Zealand, and the order or notice relates to any land or building, the order or notice, addressed to the owner or occupier of such land or building, as the case may require, may be served on the occupier thereof, or left with some inmate of his abode; or, if there is no occupier, may be put up on some conspicuous part of such land or building. And it shall not be necessary in any such notice to name the occupier or owner of such land or building.
(4.)
When the owner of any such laud or building and his residence are known to the Council, it shall be the duty of the Council, if such owner is residing within the borough, to cause every order or notice required to be given to the owner to be served on such owner, or left with some inmate of his abode; and, if such owner is not resident within the borough, the Council shall send every such order or notice by post addressed to the residence of such owner.
(5.)
A notice required to be sent to a Council must be sent to the public office of such Council.
(6.)
Every order or notice required to be sent by the Council shall be signed as provided in the last preceding section.
(7.)
Where an order or notice is sent by post it must be sent so as to arrive in the due course of post on or before the latest time on which such order or notice is required to be served.
364 Resignations to be in writing.
Ibid, sec. 423
Any person may resign any office held by him under this Act, but every such resignation must be in writing signed by the person resigning and delivered to the Mayor or Town Clerk.
365 Mayor compellable to give information.
Ibid, sec. 424
(1.)
The Mayor shall be compelled to give all information required of him by or on behalf of the Council on any matter requisite to enable the Council to carry into effect any of the provisions of this Act, and to produce all books, papers, and documents belonging to the Council which relate to any such matter, to any person authorised by the Council to apply for the same.
(2.)
In case any such Mayor refuses or neglects to give any such information when called upon to do so, or to produce all or any such books, papers, or documents as aforesaid, he shall be personally liable to a fine not exceeding five pounds for every such refusal or neglect.
(3.)
The word “Mayor”
in this section includes the acting Mayor for the time being, and also the person having the control over the books, papers, and documents belonging to the Council.
366 Provisions as to limitation of time, holidays, &c.
1900, No. 50, sec. 425
If the time limited by or under this Act, for any proceeding or the doing of anything under its provisions, expires or falls upon a holiday, the time so limited shall be extended to and such thing may be done on the day next following which is not a holiday; and all further changes of time rendered necessary by such alteration may also lawfully be made.
367 Gazette to be conclusive evidence that Proclamation or Order in Council properly made.
Ibid, sec. 426
(1.)
Where any Proclamation or Order in Council purporting to be issued or made under the authority of this Act has been or shall be issued or made, then the Gazette containing such Proclamation or Order in Council shall be conclusive evidence that all matters and things required by this Act preliminary to the issuing or making of such Proclamation or Order in Council have happened, and that such Proclamation or Order in Council has been properly and lawfully issued or made.
(2.)
No misnomer, inaccurate description, or omission in any such Proclamation or Order in Council shall suspend or impair the operation of this Act, or of such Proclamation or Order in Council, in respect to the matter misdescribed or omitted.
368 In certain cases Governor may validate proceedings or extend time for doing anything.
Ibid, sec. 427
Where anything is omitted to be done or cannot be done at the time required by or under this Act, or is done after such time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this Act, the Governor may, by Order in Council gazetted, at any time before or after the time within which such thing is required to be done, extend such time, or may validate anything so done after the time required or so irregularly done in matter of form, or make other provision for such case as he thinks fit.
369 Loss or destruction of records, &c.
Ibid, sec. 428
Where any rate-book, valuation roll or list, or any district electoral roll or list, or any other book or document of any sort belonging to the Corporation or the Council of any borough is destroyed or lost, and the same is necessary for immediate use, but no copy thereof of any sort is extant for such purpose, the Governor may do all such acts and things as he thinks best for repairing the loss, and for providing for making a new book, roll, list, or document in place of that which was destroyed or lost as aforesaid; and, by Order in Council gazetted, may validate any book, roll, list, or other document so made, and may define the time during which the same respectively shall remain in force.
370 District Land Registrar to issue title to Corporation.
Ibid, sec. 429
Where land subject to the provisions of “The Land Transfer Act, 1908,”
is expressed to be transferred under the provisions of this Act to the Corporation of a borough, the District Land Registrar shall, upon the request of the Council, cause such Corporation to be registered as the registered proprietor of such land.
371 Proclamations, general power to make.
Ibid, sec. 430
(1.)
The Governor may make all such Proclamations and regulations as he thinks fit for the further or more effectually or particularly carrying out the objects and purposes of this Act, and for facilitating proof of any document or matter, and for extending periods of time, and for curing irregularities, and substituting new for lost or destroyed documents, and by any such regulations may prescribe any forms and fees, and any fines for breach of any such regulations, not exceeding the sum of five pounds for any one offence.
(2.)
Such Proclamations,’ and regulations may be of general application, or refer to certain classes of cases, or to any particular cases, as the Governor thinks fit.
(3.)
The generality of this section shall not be qualified or affected by any section of this Act giving power to make Proclamations or regulations with regard to any subject-matters specified in this section.
(4.)
All regulations made by the Governor under this Act shall be of the same force and effect as if contained in this Act.
(5.)
The production of a copy of the Gazette containing any such regulations’ shall be conclusive evidence in all Courts of the contents of such regulations, and that the same have been duly made.
372 Case of defaulting Councils.
1900, No. 50, sec. 431
(1.)
If in the opinion of the Governor the Council wilfully refuses to act in the performance or exercise of the duties or powers respectively reposed and vested in it by or under this Act, or in the like opinion substantially so refuses to act, the Governor may make such provision as he thinks fit for the due performance and exercise of such duties and powers either by himself or any other person.
(2.)
In particular the Governor shall have and may exercise all the powers of such Council to make, levy, and recover rates within the borough, and to expend the same.
373 Act not to affect any property of His Majesty.
Ibid, sec. 432
Subject to section two hundred and eighty-seven hereof nothing in this Act or in any regulations or by-laws under this Act shall be construed to apply to or shall in any way affect any property of any kind belonging to or vested in His Majesty.
SCHEDULES
FIRST SCHEDULE ENACTMENTS CONSOLIDATED
1895, No. 32—“The Fencing Act, 1895”
: Section 8, so far as applicable.
1900, No. 50.—“The Municipal Corporations Act, 1900”
: Except sections 116 and 117.
1902, No. 59.—“The Municipal Corporations Amendment Act, 1902.”
1903, No. 41.—“The Municipal Corporations Amendment Act, 1903.”
1906, No. 56.—“The Municipal Corporations Amendment Act, 1906.”
SECOND SCHEDULE
Part I EXISTING BOROUGHS CONSTITUTED UNDER THIS ACT
North
| Auckland City, 24 April, 1871. | Devonport, 6 May, 1886. |
| Birkenhead, 11 April, 1888. | Eastbourne, 1 April, 1906. |
| Cambridge, 19 August, 1886. | Eastbrook, 1 December. 1907 |
| Carterton, 1 July. 1887. | Ekctahuna, 1 April, 1907. |
| Dannevirke, 10 November, 1892. | Eltham, 12 October, 1901. |
| Darcaville. 1 July. 1908. | Feilding, 7 July, 1881. |
| Foxton, 18 April, 1888. | Onehtinga, 19 April, 1877. |
| Gisborne, 12 May, 1877. | Onslow, !3 March. 1890. |
| Grey Lynn, 7 November, 1885. | Pahiat.ua, 1 September, 1892. |
| Greytown, 1 December, 1878. | Palmerston North, 12 July, 1877. |
| Hamilton, 24 December, 1877. | Parnell, 19 April, 1877. |
| Hastings, 19 August, 1886. | Patea, 13 October, 1881. |
| Hawera, 2 January, 1882. | Petone, 5 July, 1888. |
| Inglewood. 16 March, 1903. | Stratford, 1 August, 1898. |
| Karori, 7 September, 1891. | Taihape, I June, 1906. |
| Levin, 1 April, 1906. | Tauranga, 21 February, 1882. |
| Lower Hutt, 1 February, 1891. | Te. Aroha, 2 May, 1898. |
| Marton, 19 July, 1879. | Thames, 5 November, 1873. |
| Masterton, 10 July, 1877 | Waihi, 1 March, 1902. |
| M ramar, 15 November, 1904. | Waipawa, 1 April, 1908. |
| Mount E:Len, 15 August, 1906. | Waitara, 6 September, 1904. |
| Napier, 2$ November, 1874. | Wanganui, 1 February, 1872. |
| Newmarket, 5 May, 1885. | Wellington City, 16 September, 1870. |
| New Plymouth, 11 August, 1876. | Whangarei, 1 October, 1896. |
| Northcote, I January. 1908. | Woodville, 1 July, 1887. |
South
| Akaroa, 23 July, 1876. | Mornington, 12 May, 1877. |
| Alexandra, 1 October, 1878. | Mosginl. 1 April, 1885. |
| Arrowtown, 10 July, 1877. | Motneka, 8 December, 1899 |
| Ashburton, 30 July, 1878. | Naseby, 1 Juno, 1881. |
| Avenal, 11 May, 1878. | Nelson City, 30 March, 1874. |
| Balclutha, 15 November, 1877. | New Brighton, 1 February, 1897. |
| Blenheim, 6 March, 1869. | North-east Valley. 25 October. 1877. |
| Brunner, 1 November, 1887. | North Invercargi. 27 July, 1880. |
| Campbelltown, 27 December. 1878. | Oamaru. 5 August, 1880. |
| Christchurch City, 28 May, 1868. | Pa’merston, 12 November. 1877. |
| Cromwell, 16 October, 1877. | Picton, 9 August, 1876. |
| Dunedin City, 4 July, I860. | Port Cha’mers, 9 April, 1866. |
| East Invercargill, 12 January, 1878. | Queenstown, 31 October, 1877. |
| Geraldine, 1 January, 1905. | Rangiora, 14 May, 1878. |
| Gladstone, 26 January, 1880. | Richmond, 1 July, 1891. |
| Gore, 8 July, 1885. | Riverton, 9 June, 1879. |
| Green Island, 18 January, 1878. | Roslyn, 12 May, 1877. |
| Greymouth, 16 July, 1868. | Ross, 1 January, 1878. |
| Hampden, 8 September, 1879. | Roxburgh, 14 August, 1877. |
| Hawksbury, 28 September. 1880. | St. Kilda, 2 August, 1877. |
| Hokitika, 24 August, 1868. | South Invercargill, 29 August, 1877. |
| Invercargill, 3 December, 1879. | Sumner, 1 June, 1891. |
| Kaiapoi, 28 May, 1868. | Tapanui, 12 May, 1877, |
| Kaitangata, 1 August, 1887. | Ternuka, 1 September, 1899. |
| Kumara, 23 July, 1877. | Timaru, 13 July, 1868. |
| Lawrence, 11 May, 1877. | Wainuite, 8 September, 1879. |
| Lyttelton, 28 May. 1868. | West Harbour. 20 October, ]877. |
| Maori Hill. 15 May, 1877. | Westport, 16 April, 1873. |
| Mataura, I November, 1895, | Winton, 1 January. 1887. |
| Milton, 24 October, 1877. | Woolston, 27 July, 1893. |
Part II Boroughs declared to be Cities
| Auckland. | Nelson. | Dunedin |
| Wellington | Christchurch. |
THIRD SCHEDULE DECLARATION BY MAYOR OR COUNCILLOR
Sections 27, 45. 1900, No. 50, Second Schedule.
I, A. B., do hereby declare that I will faithfully and impartially, and according to the best of my skill and judgment, execute the powers and authorities vested in me as Mayor [or a Councillor] of [Staling the name of borough] by virtue of “The Municipal Corporations Act. 1908.”
Dated at , this day of , 19 .
A. B.
[Attestation of Mayor’s declaration:]
Signed in the presence of the Council, and of—
C. D., Councillor.
E. F., Town Clerk.
[Attestation of Councillor’s declaration:]
Signed in the presence of—
C. D., Mayor [or Councillor].
E. F., Town Clerk.
FOURTH SCHEDULE LIST OF ACTS AFFECTING BOROUGHS
Section 35. Ibid, Third Schedule.
1908, No. 10.—“The Auctioneers Act, 1908.”
1908, No. 19.—“The Cemeteries Act, 1908.”
1908, No. 51.—“The Dogs Registration Act, 1908.”
1908, No. 57.—“The Explosive and Dangerous Goods Act, 1908.”
1908, No. 79.—“The Impounding Act, 1908.”
1908, No. 96.—“The Land Drainage Act, 1908.”
1908, No. 106.—“The Local Bodies’ Loans Act, 1908.”
1908, No. 155.—“The Public Health Act, 1908.”
1908, No. 156.—“The Public Reserves and Domains Act, 1903.”
1908, No. 160.—“The Public Works Act, 1908.”
1908, No. 162.—“The Rating Act, 1908.”
1908, No. 181.—“The Slaughtering and Inspection Act, 1908.”
1908, No. 199.—“The Tramways Act, 1908.”
FIFTH SCHEDULE LIST OF ACTS UNDER WHICH BOROUGH COUNCILS RECEIVE REVENUE
Section 72(2), Ibid, Fourth Schedule.
1908, No. 10.—“The Auctioneers Act, 1908.”
1908, No. 19.—“The Cemeteries Act, 1908.”
1908, No. 51.—“The Dogs Registration Act, 1908.”
1908, No. 57.—“The Explosive and Dangerous Goods Act, 1908.”
1908, No. 70.—“The Gold Duty Act, 1908.”
1908, No. 79.—“The Impounding Act, 1908.”
1908, No. 101.—“The Licensing Act. 1908.”
1908, No. 120.—“The Mining Act, 1908.”
1908, No. 141.—“The Pawnbrokers Act, 1908.”
1908, No. 155.—“The Public Health Act, 1908.”
1908, No. 156.—“The Public Reserves and Domains Act, 1908.”
1908, No. 181.—“The Slaughtering and Inspection Act, 1908.”
SIXTH SCHEDULE
Section 131. 1009, No 50. Sixth Schedule.
TENDERS
1
There shall be no obligation to accept the lowest or any tender.
2
(1.)
Every tenderer shall be required to embody in his tender—
(a.)
A declaration that in the carrying-out of the contract he will observe such working-hours of labour for each working-day, in no case exceeding eight hours, and pay such rates of wages for working-hours and for overtime respectively as are generally accepted as usual and fair in the trade or class of labour to which they relate:
(b.)
A statement of the minimum rate of wages which he will pay.
(2.)
Every tender shall be informal which does not contain such declaration and statement.
CONTRACTS
3
In the carrying-out of his contract, whether entered into pursuant to tender or not, the contractor shall be liable to observe the working-hours of labour, in no case exceeding eight hours for a working-day, and to pay to his workmen the rates of wages for working-hours and for overtime generally accepted as usual and fair in the trade or class of labour to which they relate, any contract or agreement at any time made with any workman to the contrary notwithstanding.
4
The contractor shall not assign or make over his contract to any person without the previous consent in writing of the Council.
5
In every contract, whether entered into pursuant to tender or not, there shall be implied the stipulations and conditions following, that is to say:—
(a.)
The contractor shall at all times during the continuance of this contract keep posted up in some conspicuous place upon the site of the works, and in such a position that the same may be easily read, a schedule setting forth—
(i.)
The rate of wages paid for working-hours and for overtime:
(ii.)
The number of working-hours in each working-day.
(b.)
Such schedule shall be corrected from month to month.
(c.)
For the purpose of ascertaining from time to time whether the contractor is paying the stipulated wages and observing the stipulated hours, the Council, by its Inspector or other agent, may at all reasonable times require the contractor to produce for inspection his wages-books, time-lists, and records of wages paid, and may take copies thereof or extracts therefrom.
(d.)
If the contractor commits any breach of any of the foregoing stipulations, he shall for each day during which such breach continues pay to the Council on demand, as liquidated damages and not as a penalty, the sum of five pounds; and the same may, at the option of the Council, be either recovered from the contractor by action or be deducted and retained by the Council out of any moneys due or to become due to the contractor under the contract.
6
The contractor shall not make a subcontract with any workman or other person for the execution of any part of the work appertaining to the contract, but shall (except as hereinafter provided) employ his own workmen therefor and pay them in wages:
Provided that the Council shall have power to permit the contractor to sublet such special portions of the work as in the opinion of the Council could not be produced or executed by the contractor in the ordinary course of his business.
7
No subcontract shall operate to relieve the original contractor from any of his liabilities or obligations under the original contract or this Act, but he shall be responsible for all the acts, defaults, and neglects of the subcontractor as fully as if they were his own.
8
Without in any way limiting the operation of the last preceding clause, it is hereby declared—
(a.)
That all the stipulations, obligations, conditions, and liabilities by this Act or the contract imposed upon a contractor shall, in the case of a subcontract, be deemed to be imposed upon the subcontractor, and may be enforced by the Council against such subcontractor accordingly:
(b.)
That in every subcontract there shall be implied a covenant by the subcontractor with the original contractor that the subcontractor will carry out his subcontract subject to and in accordance with the stipulations and conditions of the original contract and this Act.
9
Every contractor shall, at the time of signing the contract, enter into a bond with a sufficient penalty, and (if required) with sufficient sureties, for the due fulfilment of his contract according to the terms thereof and the provisions of this Act: and such penalty shall, in case of default, be recoverable as liquidated damages in any Court of competent jurisdiction.
SEVENTH SCHEDULE CONDITIONS AS TO STOPPING STREETS
Section 153. 1900, No. 50, Seventh Schedule. 1900, No. 56. sec. 13(j)
1.
The Council shall prepare such plans, give such notices, and make such deposits as are prescribed.
2.
The Council shall, by public notice, call a meeting of the electors.
3.
The Mayor shall preside at the meeting, and such meeting shall decide by a majority of the district, electors present whether or not the street shall be stopped.
4.
If the meeting decides that the street be not stopped, no proceedings for stopping such street, shall be taken by the Council for one year thereafter. If the meeting decides that the street may be stopped, the Council shall send the plans aforesaid, with a full description of the proposed alterations, and with the electors’ decision thereon, to the Magistrate.
5.
The Magistrate shall consider the proposed alterations, and any objection made thereto by any person likely to suffer injury thereby, and shall confirm or reverse the decision of the electors; and the decision of the Magistrate shall be final and conclusive on all questions
6.
The Magistrate shall not confirm the decision of the electors unless he is satisfied that a convenient way to the lands in the vicinity of the said street is left or provided.
7.
If the Magistrate reverses the decision of the electors, no proceedings shall be entertained by the Magistrate for stopping such street for two years thereafter.
8.
If the Magistrate confirms the decision of the electors, the Council may declare by public notice that the said street is stopped; and such street shall thereafter cease to be a public highway.
EIGHTH SCHEDULE CONDITIONS OF FIXING LEVELS OF STREETS
Sections 186, 187 1900. No. 50, Eighth Schedule.
1.
THE Council shall publish in the borough a notice of its intention to fix such level, describing therein the street by name and situation, and the proposed level thereof by reference to plans to be open for inspection at a place named in such notice.
2.
The Council shall in such notice appoint a day, not being less than one month after the publication of such notice, at which it will hear all objections to the proposed level by persons affected thereby.
3.
All such objections must be in writing, addressed to and sent, to the Council not less than ten days before the day of meeting next mentioned.
4.
The Council shall hold a meeting on the day so notified, at which all persons having so made objections shall be entitled to be heard in support thereof.
5.
At such meeting the Council may, after considering all such objections, resolve to abandon the proposed level, or to adopt it with any alterations it thinks fit.
6.
The Council shall publicly notify the level so fixed, and shall in the notice refer to a plan to be deposited at the office of the Council, and to be open for inspection.
NINTH SCHEDULE EXEMPTIONS FROM TOLLS ON BRIDGES AND FERRIES
Sections 200, 201. Ibid. Ninth Schedule.
1.
THE Governor, and every person in attendance on the Governor.
2.
Every member of any Military, Militia, or Volunteer Force, or Permanent Militia when on duty, or going to or returning from parade, and in uniform (if any) of his corps.
3.
Every constable on duty, and every prisoner in his custody.
4.
All passengers by any public conveyance; but this exception shall not apply to such passengers at any ferry at which tolls are lawfully taken from foot-passengers.
5.
Every child going to or from school.
6.
All cattle, the property of any person residing within one mile of a toll-gate, going to or from water or feed.
7.
Every animal and cart employed solely in drawing manure.
8.
Every person or vehicle, and all cattle, in respect of whom or which toll has been paid at the same toll-gate at any time since the midnight previous.
TENTH SCHEDULE CONDITIONS OF LAYING DRAINS THROUGH PRIVATE LANDS
Section 211. 1900, No. 50. Tenth Schedule.
Before the Council constructs any drain through or upon any private, lands the following conditions shall be complied with:—
(a.)
A plan and description of such drain, showing how it affects any such lands, shall be deposited for public inspection at some place within the borough.
(b.)
The Council shall give notice in writing to the occupier, and also to the owner when known, of such lands of the intention to construct such drain, and shall refer in such notice to such plan and description, and state where the same are on view.
(c.)
If within one month after such notice given the said occupier or owner serves on the Council a written objection to the proposed work, the Council shall appoint a day for hearing such objection, and shall give notice of the same to the objector.
(d.)
The Council shall hold a meeting on the day so appointed, and may, after hearing any person making such objection, if present, determine to abandon the work proposed, or to proceed therewith, with or without such alterations as the Council thinks fit.
ELEVENTH SCHEDULE PROVISIONS AS TO CONSTRUCTING WATERWORKS OUTSIDE THE BOROUGH
Section 234. Ibid, Eleventh Schedule.
1.
BEFORE interfering with any road or other public work lying or being outside the boundaries of a borough, for the purpose of constructing waterworks, the Council shall give not less than one month’s notice in writing to the local authority having the control of such road or work.
2.
If such local authority objects to such interference, the matter shall be referred to the Minister of Public Works, whose decision thereon shall be final.
3.
The Council may at any time interfere with such road or work, so far as to effect all necessary repairs in such waterworks, on giving to such local authority three days’ previous notice in writing of intention so to do.
4.
In any sudden emergency or danger to the waterworks or property adjoining, the Council may, without any previous notice, proceed to effect the necessary repairs, but shall as soon as practicable give notice to such local authority of having so pro-ceeded.
TWELFTH SCHEDULE POWERS AS TO UNHEALTHY OR RUINOUS BUILDINGS
Sections 291, 292. Ibid, Twelfth Schedule. 1902. No. 59. sec. 31
1.
The Council may put up a hoarding or fence so as to prevent persons approaching nearer than is safe thereto.
2.
The Council may give notice to the owner of such building to secure or pull down the same within a time named in such notice.
3.
If all danger is not removed by’ securing or taking down such building within such time, or by commencing so to do within such time, and proceeding therein with all reasonable expedition, any two Justices may, upon the application of the Council and after notice to the owner, order such building to be secured or taken down as they think fit within a time named in such order.
4.
If such order is not obeyed, the Council may cause such building to be secured or taken down in compliance therewith.
5.
The Council may recover from such owner the cost of any such hoarding or fence, and the cost of securing or taking down such building, together with all expenses incurred under this Schedule.
6.
Such notice or order may, in the absence of the owner, be served upon his agent, or upon the occupier (if any) of such building, or, if the building is unoccupied, by fixing the same on the building.
7.
If the building is taken down by the Council, the Council may sell or destroy the materials or any part thereof, and apply the proceeds in or towards payment of the expenses incurred under this Schedule, and shall pay the residue (if any) to the owner on demand.
8.
In any case in which immediate danger is apprehended arising from the condition of any building, the Mayor may, upon the report of the Surveyor or some competent person appointed by the Mayor, by warrant under his hand, cause any measures to be taken necessary in his judgment to secure the safety of the public, until the next meeting of the Council.
THIRTEENTH SCHEDULE CONDITION FOR USE OF BUILDING FOR PUBLIC MEETINGS, ETC
Sections 305, 309, 311. 1900, No. 50, Thirteenth Schedule. 1906, No. 56, sec. 13(i)
1.
THE owner or occupier of any such building shall apply in writing to the Council for a license, stating the situation and description of the building, the names of the owner and occupier, and the purpose for which it is to be used.
2.
Such building shall be inspected by the Surveyor or some, competent person appointed by the Council in that behalf, and if satisfied upon his report that such building is secure and suitable for the purpose proposed, that it has sufficient means of ventilation and of ingress and egress, and sufficient, provision against fire, and, in case the neighbourhood of such building is supplied with water by means of waterworks, that a sufficient supply of water is laid on, and proper appliances provided for promptly using the same in case of fire, the Council shall issue to the applicant a license, under the hand of the Town Clerk, for a period not exceeding one year, to use the said building for the purpose stated in the application; and such building may be used accordingly.
3.
The Council may refuse to issue any license until the fee thereon fixed by any by-law is duly paid.
4.
(1.)
If the applicant for the license feels aggrieved at not obtaining the same, he may appeal to the Supreme Court for redress, and such Court shall have power to make such order as it thinks fit.
(2.)
The appeal shall be made in such manner and subject to such conditions as are prescribed.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Municipal Corporations Act 1908
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