Municipal Corporations Amendment Act 1913
Municipal Corporations Amendment Act 1913
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Municipal Corporations Amendment Act 1913
Municipal Corporations Amendment Act 1913
Public Act |
1913 No 62 |
|
Date of assent |
15 December 1913 |
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Contents
An Act to amend the Municipal Corporations Act, -1908.
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.)
This Act may be cited as the Municipal Corporations Amendment Act, 1913, and shall form part of and be read together with the Municipal Corporations Act, 1908 (hereinafter referred to as the principal Act).
Commencement.
(2.)
Except as otherwise expressly provided, this Act shall come into operation on the first day of February, nineteen hundred and fourteen.
2 One district electors list may be made for divided borough.
Notwithstanding anything to the contrary in the principal Act, the Council of a divided borough may direct that a district electors list shall be made out for the whole borough, and not for each ward thereof, and that the ward in which each elector has his qualification shall be stated in a separate column of the list.
3 Section 6 of principal Act amended.
Section six of the principal Act is hereby amended by adding the following subsection:—
“(4.)
Every person who wilfully makes a false claim to have his name entered on the district electors list is liable to a fine not exceeding five pounds.”
4 Section 7 of principal Act amended.
Section seven of the principal Act is hereby amended by omitting from subsection one the words “thereupon shall,”
and substituting the words “shall on the first day of April next ensuing.”
5 Use by other authorities of district electors roll.
All local authorities (other than the Borough Council) entitled to use the district electors roll of any borough or ward for the purposes of the election of their members or for polls taken by them shall pay to the Borough Council a fair proportion of the cost of making and printing the roll. Such proportion shall, in the case of dispute, be fixed by the Audit Office.
6 Biennial election of Mayor.
(1.)
There shall be a Mayor of every borough, who shall be elected by all the electors of the district on the last Wednesday in April in every year in which a general election of Councillors is held.
(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 who is not incapable of being a Councillor may be elected to be Mayor.
(4.)
The Mayor shall be a Councillor by virtue of his office.
Extraordinary vacancy.
(5.)
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.
(6.)
If such vacancy occurs within one year after the date of his election, his successor shall be elected by all the electors of the district; but, if otherwise, his successor shall forthwith be elected by the Council; and for the purpose of such election the Town Clerk shall forthwith convene a special meeting of the Council, but no such resolution or requisition as mentioned in section sixty-four of the principal Act shall be necessary.
(7.)
The person elected to fill any such vacancy shall hold office until the Mayor elected at the next biennial election comes into office.
(8.)
If at any such election by the Council a Councillor is elected to be Mayor, his office as an elected Councillor shall be thereby vacated:
Provided that if such election occurs within two months before the date fixed for the next biennial election the Councillor so elected Mayor shall not vacate his office as Councillor.
Repeals.
(9.)
The foregoing provisions of this section are in substitution tor sections twenty-five and twenty-six of the principal Act, and those sections, together with section nine of the Municipal Corporations Amendment Act, 1910, are hereby accordingly repealed.
Consequential amendments.
(10.)
Section one hundred and twenty-nine of the principal Act is hereby amended by omitting the word “annual”
wherever it occurs in subsection one, and substituting the word “biennial.”
Commencement.
(11.)
This section shall come into operation on the first day of March, nineteen hundred and fifteen.
7 Quorum of committees.
The Council may fix the quorum of any committee appointed by it, and in default of its so doing the committee may fix such quorum; and all acts of such committee and all questions before it may be done and determined by such quorum, anything in section sixty of the principal Act to the contrary notwithstanding.
8 Section 83 of principal Act amended.
Section eighty-three of the principal Act is hereby amended by omitting from subparagraph (iii) of paragraph (a) the words “above mentioned,”
and substituting the words “mentioned in subparagraph (i) hereof.”
9 Water rates to be payable in advance, either yearly or half-yearly.
(1.)
Subsection one of section eighty-five of the principal Act is hereby repealed, and the following substituted therefor:—
“(1.)
All water rates for an ordinary supply shall be payable in advance, on such day or days, either yearly or half-yearly, as the Council determines.”
(2.)
Subsection two of the said section eighty-five is hereby amended by omitting the words “during the currency of any such half-year,”
and substituting the words “after the date fixed for such yearly or half-yearly payment, as the case may be”
; and by omitting the words “such half-year,”
and substituting the words “the year or half-year.”
10 Section 89 of principal Act amended.
Section eighty-nine of the principal Act is hereby amended—
(a.)
By omitting the word “house”
before the word “refuse”
in subsection one thereof.
(b.)
By omitting the first proviso in subsection one thereof, and substituting the following proviso:—
“Provided that such rate shall be levied only upon such properties as have a building erected thereon, from which the Council is prepared to remove all refuse.”
(c.)
By adding to subsection two the following proviso:—
“Provided further that in any case where, in the opinion of the Council, the refuse from any land or building is principally trade-refuse or is excessive in quantity, the Council may, if it thinks fit, in lieu of levying such rate make a reasonable charge for the removal of such refuse, or may require the owner or occupier of the land or building to have the same removed regularly at his own cost.”
11 Section 108 of principal Act amended.
Section one hundred and eight of the principal Act is hereby amended by inserting in subsection one, after the words “electric-light works,”
the words “or to transfer the whole or any part of such surplus to a separate account for the maintenance or renewal of such works.”
12 Repeal.
Sections one hundred and twelve, one hundred and thirteen, and one hundred and fourteen of the principal Act are hereby repealed.
13 New boroughs.
(1.)
Any area having the qualifications for a borough prescribed by paragraph (c) of section three of the principal Act may at any time be constituted a borough in the manner following:—
(a.)
A petition in accordance with regulations, praying that any area be constituted a borough shall be presented to the Governor. Every such petition shall be signed by not less than one-fifth of the persons for the time being entitled in respect of a qualification within that area to vote at the election of a member of any local authority, and shall be accompanied by a deposit of ten pounds.
(b.)
The Minister of Internal Affairs shall thereupon gazette and publicly notify a notice containing an approximate description of the proposed boundaries of the 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 the notice.
(c.)
As soon as practicable after the expiration of one month from the first publication of the notice as aforesaid, the Governor shall direct a Commission, consisting of a Magistrate, the Commissioner of Crown Lands for the land district, and the officer in charge of the valuation district in which the area is situated, to inquire and report to him upon the subject-matter of the original petition, and as to the suitability for municipal control of the area referred to in the original petition. For the purposes of such report the Commissioners shall consider the objections or petitions (if any) lodged as aforesaid, and may in their report make such alterations in the proposed boundaries as they deem necessary and advisable, but no alteration shall be made that will leave the area without the qualifications prescribed by paragraph (c) of section three of the principal Act.
(d.)
The Commission shall have all of the powers and functions of a Commission under the Commissions of Inquiry Act, 1908.
(e.)
If the Commission reports that the area referred to in the original petition, or that area as altered by the Commission as hereinbefore provided, is suitable for municipal control and possesses the qualifications aforesaid, but not otherwise, the Governor shall direct that a poll be taken within the area as fixed by the Commission upon the proposal that the area so fixed shall be constituted a new borough.
(f.)
The Governor may, by Order in Council, make such appointments and arrangements (including the preparation of a voters roll) as he deems necessary for the purpose of taking the poll.
(g.)
The voters roll shall so far as is possible contain the names of all persons possessing, in respect of the area fixed as aforesaid, qualifications entitling them to be placed on the electors list of any local authority any part of whose district is within the area in which the poll is to be taken, and of no others, and each such person shall have and may exercise one vote and no more:
Provided that the omission from such roll of any person entitled to be placed thereon, or the inclusion on such roll of any person not entitled to be placed thereon, shall not invalidate either the roll or the poll.
(h.)
If the result of the poll is in favour of the proposal, the Governor shall, by Proclamation, constitute as a borough the area within which the poll was taken, and shall fix the name of the new borough.
(i.)
The Governor may leave such new borough undivided, and, by Proclamation, fix the number of Councillors therefor; or he may, by Proclamation, divide the borough into wards and fix the names of such wards and the number of Councillors for each ward.
(2.)
The cost of all proceedings under this section (including the cost of taking the poll) shall be defrayed by such of the local authorities concerned and in such proportions as the Governor by Order in Council directs.
(3.)
If on the taking of the poll the number of votes cast in favour of the proposal is less than one-fourth of the number cast against it, the deposit paid pursuant to paragraph (a) of subsection one hereof shall be forfeited and applied towards the cost of taking the poll, and in all other cases it shall be returned to the person by whom the petition was presented.
(4.)
If the result of the poll is not in favour of the proposal, then no fresh petition containing a like proposal dealing with substantially the same area shall be presented to the Governor within two years after the date of the poll.
(5.)
Upon any area being constituted a borough it shall cease to form part of the district or districts to which it formerly belonged, but the entity of the Corporation or Corporations of such district or districts shall not thereby be destroyed.
District becoming borough.
(6.)
Where a borough is constituted comprising only the whole of a then existing district the following provisions shall apply
(a.)
The Corporation of such borough shall, in respect of all property, rights, claims, obligations, liabilities, contracts, and engagements, and for all purposes whatsoever, be deemed to be the same Corporation as that existing in the district at the time of its becoming a borough.
(b.)
The local authority of the district shall continue to exist during the period between the constitution of the borough and the date when the first Councillors of the borough come into office; and every person holding any office in or under any such local authority shall continue to hold office until the time when, if appointed or elected under the principal Act, he might be removed from or would vacate the same.
(c.)
Any valuation roll and any electors list or roll in force in the district at the time of its becoming a borough shall be deemed to be the valuation roll and the electors roll respectively for the borough.
(d.)
All by-laws in force within the district at the time of its becoming a borough shall continue in force until altered or revoked in the manner provided by the principal Act.
(7.)
Where a new borough is constituted and comprises any part of the area of a then existing district the following provisions shall apply:—
(a.)
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.
(b.)
The provisions of the principal Act as to financial and other adjustments shall extend to and include the aforesaid period.
Repeals.
(8.)
Section one hundred and seventeen of the principal Act, section nineteen of the Municipal Corporations Amendment Act, 1910, and section forty-eight of the Town Boards Act, 1908, are hereby repealed.
14 Alterations of boundaries of boroughs.
(1.)
The boundaries of a borough may at any time be altered in the manner following:—
(a.)
A petition in accordance with regulations, praying the Governor to include any defined area in the borough, or, as the case may be, to exclude any defined area from a borough and to include it in a county or some other district, shall first be presented to the Governor. Every such petition shall be signed by not less than one-fourth of the persons for the time being entitled in respect of a qualification within that area to vote at the election of a member of any local authority.
(b.)
The Minister of Internal Affairs shall thereupon gazette and publicly notify a notice setting out the proposed alteration of boundaries, and, in cases where an area is proposed to be added to a divided borough, stating in what ward or wards the area is proposed to be included, 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 objections so lodged (if any), the Governor may make the alteration prayed for by the original petition, or any other alteration involving the severance from any district and the inclusion in any other district of part or parts only of the area mentioned in the original petition, or he may direct a Commission, consisting of a Magistrate, the Commissioner of Crown Lands for the land district, and the officer in charge of the valuation district in which the area is situated, to inquire and report to him upon the subject-matter of the original petition and the objections lodged as aforesaid (if any), and as to the suitability or otherwise for municipal control of the area referred to in the original petition, and to recommend such alterations of the boundaries of the area as they deem necessary and advisable.
(d.)
If the Commission reports that the area referred to in the original petition, or that area as recommended to be altered by the Commission, should be included in or excluded from the borough, as the case may be, the Governor may, by Order in Council, make the alteration recommended by the Commission, or such other alteration involving the severance from any district and the inclusion in any other district of part or parts only of the area mentioned in the original petition or in the report of the Commission, as he thinks fit.
(2.)
Any area included in a borough or any other district under this section shall thenceforth form part of that borough or district accordingly.
(3.)
An alteration may be made under this section notwithstanding that the effect of the alteration may be that the borough may thereby exceed the limits of area or distance between points prescribed by paragraph (c) of section three of the principal Act.
(4.)
Where the boundaries of a borough are altered under this section the Governor may, by Order in Council gazetted,—
(a.)
Declare in what ward (if a divided borough) any area added to the borough shall be included, or declare that the area so added shall form a new ward or new wards, and fix the name of each new ward and the number of Councillors therefor:
(b.)
Divide the borough (if an undivided borough) into wards and fix the names of the same, and the number of Councillors for each ward; or redivide the borough (if a divided borough) into new wards and fix the name of, and the number of Councillors for, each new ward:
(c.)
Make provision where expedient for the dissolution of the Corporation of the district from which the said area was taken, and for the merger of the remaining area of that district in some other district, and may declare to what subdivision of such other district such remaining area shall be added:
(d.)
Declare to what district and subdivision thereof any area excluded from the borough shall belong.
Repeal.
(5.)
Section one hundred and eighteen of the principal Act is hereby repealed.
Commencement.
(6.)
This section shall come into operation on the date of the passing of this Act.
(7.)
Any petition presented to the Governor before the passing of this Act praying for the inclusion of a defined area in a borough shall, if the Governor thinks fit, be deemed to be presented pursuant to the provisions of this section.
15 Section 120 of principal Act modified.
Any union of boroughs may be made under section one hundred and twenty of the principal Act notwithstanding that the effect thereof may be that the united borough so constituted may exceed to any extent the limits of area or distance between points prescribed by paragraph (c) of section three of the principal Act.
16 Town districts to be deemed boroughs for certain purposes.
(1.)
The provisions of sections one hundred and twenty to one hundred and twenty-four of the principal Act and of section twenty-nine of the Rating Amendment Act, 1910, shall apply to the case not only of the union of two or more boroughs forming one continuous area, but also to the case of the union of one or more boroughs with one or more town districts forming one continuous area.
(2.)
For the purposes of this section a town district shall be deemed to be a borough, and a Town Board to be a Council, and members of a Town Board to be Councillors within the meaning of the said sections and of section three hundred and fifty-eight of the principal Act:
Provided that for the purposes of section one hundred and twenty-two of the principal Act only three members of a Town Board (to be chosen by the Town Board) shall be Councillors of the united borough.
17 Council may, by way of special loan, raise moneys payable on adjustment of boundaries.
Where by the terms of any adjustment made pursuant to section one hundred and twenty-seven of the principal Act any sum of money is payable by the Council of a borough, the Council may raise such sum or any part thereof by way of special loan without taking the steps described in sections seven to thirteen of the Local Bodies’ Loans Act, 1908.
18 Power to Council to sell or exchange land.
The Council may sell any land vested in the Corporation, or exchange any such land for other land, and in respect of any such exchange may either give or receive any money for equality of exchange:
Provided that all moneys received by the Council upon any such sale or exchange shall be applied to the purchase of other lands to be held for the same purposes as affected the lands parted with, and all lands received in exchange shall be held for the purposes that affected the land given in exchange.
19 Section 140 of principal Act amended.
Subsection two of section one hundred and forty of the principal Act is hereby amended by omitting the words “or public utility.”
20 Leases of reserves, &c., by special order in certain cases.
Where power is conferred by any special Act on any Council to lease any reserve or recreation-ground otherwise than by public auction or by public tender, such power shall only be exercised pursuant to a special order made in that behalf.
21 Repeal.
Section one hundred and forty-eight of the principal Act is hereby repealed, and the following is substituted in lieu thereof:—
“148 Right to compensation.
Every person having any estate or interest in any lands taken under the authority of this Act for any public works, or injuriously affected thereby, or suffering any damage from the exercise of any of the powers hereby given, shall be entitled to full compensation for the same from the Corporation. Such compensation may be claimed and shall be determined in the manner provided by the Public Works Act, 1908.”
22 Section 153 of principal Act amended.
(1.)
Section one hundred and fifty-three of the principal Act is hereby amended by adding to paragraph (i) the words “or during a period when public disorder exists or is anticipated, or when for any reason it is considered desirable that the public traffic and passage should be temporarily diverted to other streets.”
(2.)
The powers conferred by the said paragraph (i) as hereby amended may be exercised by the Mayor.
23 Section 153 of principal Act further amended.
Section one hundred and fifty-three of the principal Act is hereby further amended as follows:—
(a.)
By adding to subsection four thereof the following paragraph:—
“(n.)
For the purpose of providing access from one street to another, or from one part of a street to another part of the same street, to construct on any street, or on land adjacent to any street, elevators, moving platforms, and machinery for passenger traffic, and such subways, tunnels, shafts, and approaches as are required in connection therewith.
(b.)
By adding after subsection four the following subsection:—
“(5.)
The Council may, by by-law, fix charges for and regulate the use of any means of access constructed under paragraph (n) of subsection four hereof. Where the amount received in respect of such charges in any year is insufficient to pay the cost of working and maintaining such means of access during that year (not including in such cost the annual charges payable in respect of any loan raised for the purpose of providing such means), the Council may make and levy a separate rate of such amount as will realize the amount of the deficiency. Every such rate shall be levied on all the rateable property within the area over which the special rate made in respect of the said loan (if any) is leviable, or within such area as the Council from time to time by special order determines:
“Provided that before passing any resolution defining any such area the Council shall proceed as directed by subsection three of section three of the Local Bodies’ Loans Act, 1908, in the case of a loan proposed to be raised for part of a district, and all the provisions of that subsection, except paragraph (a), shall, mutatis mutandis, extend and apply accordingly.”
24 Repeal.
Section one hundred and seventy-four of the principal Act is hereby amended by omitting the words “being not less than twenty feet in width.”
25 Provision in the case of blind streets
(1.)
The Governor may, by Order in Council, authorize the Council to lay out or permit to be laid out streets and private streets of a width less than sixty-six feet, but not less than forty feet, for the purpose of connecting blind streets with other streets, but no such connecting street of a greater length than five chains shall be so authorized.
(2.)
In this section “blind street”
means a street opening at one end on a public street and at the other end on private land or on a private way.
26 Council may sell coal or coke.
(1.)
The Council may purchase and sell coal, coke, and other products obtained from coal on such terms as it thinks fit.
(2.)
The Council may quarry, purchase, and sell road-metal or other material for roadmaking on such terms as it thinks fit.
27 Power to establish service for conveyance of passengers, &c.
(1.)
The Council may establish, maintain, and regulate a service for the conveyance of passengers and goods to and from any place within the borough, or, with the consent of any neighbouring local authority, between any place within the borough and any place within the district of that local authority, or the Council may contribute out of the District Fund to any such service established or maintained by any person or company or by any other local authority.
(2.)
Where prior to the commencement of this Act a Council has obtained an authorizing order under the Tramways Act, 1908, and has delegated its powers under such authorizing order, and a tramway has been constructed in pursuance of the authority thereby conferred, the powers conferred by this section shall only be exercised in the direction and to the extent of establishing, maintaining, and regulating services for the purpose of extending or supplementing the service of the said tramway, or of serving areas not served or not adequately served by the said tramway. The establishment and maintenance of a motor service for the purpose only of serving areas not served or not adequately served by the tramway shall not be deemed to be in contravention of the provisions of this subsection, notwithstanding that part of the course of such service is through streets in which the said tramway is laid, and which are served by the said tramway. Any question arising whether any service, or proposed service, is in breach of the provisions of this subsection shall be settled by the Supreme Court upon an originating summons issued for that purpose.
(3.)
Nothing herein shall authorize a Council to construct any tramway or railway.
(4.)
All preliminary steps taken under the Local Bodies’ Loans Act, 1908, or any other Act in respect of the establishment or intended establishment of such a service within one year immediately preceding the commencement of this Act, and all expenses incurred in taking such steps, shall be deemed to have been lawfully taken and incurred.
28 Rights in respect of certain private drains, and registration thereof.
(1.)
Where any existing private drain passes through or serves separately owned premises there shall be attached to each and all of the lands served by such private drain a right to the free and uninterrupted use of such private drain, and a right for the occupier thereof to enter upon all lands served by such drain, or through which such drain passes, for the purpose of effecting necessary repairs to such drain, and a right to contribution from the owners or occupiers of other lands so served by such drain towards the cost of executing, providing, and doing all or any of the things required in respect of such drain by the principal Act or any by-law, and a right to contribution from such owners or occupiers of such other lands towards the cost of all necessary repairs to such drain; and such rights, upon a certificate being furnished by the Town Clerk that any of such lands is actually served by such drain, shall be registered by the District Land Registrar against the titles, whether under the Land Transfer Act, 1908, or not, to all the other lands so served by such drain, and also, in the case of the right to free and uninterrupted use of such drain, and the right to enter upon land to effect necessary repairs, against the titles, whether under the Land Transfer Act, 1908, or not, to the lands through which such drain passes.
(2.)
The foregoing provisions of this section shall also extend and apply to all such private drains hereafter required by the Council to be provided, constructed, and laid out.
29 Power to lead certain water into streams.
The Council may in time of flood or other emergency lead any surplus water from any waterworks vested in the Council into any natural stream with a view to the protection of the waterworks.
30 Inspector of Buildings.
(1.)
The Council shall appoint a competent person (hereinafter called the Inspector of Buildings) whose duty it shall be to inspect every building in the borough erected or used for residential purposes, or which (being over one story in height) is erected or used for other purposes.
Fire-escapes.
(2.)
The said Inspector shall decide what fire-escapes or means of escape in case of fire are necessary in the case of each such building.
Repeals.
(3.)
This section is in substitution for section two hundred and sixty of the principal Act, and that section and also section twenty-eight of the Municipal Corporations Amendment Act, 1910, are hereby accordingly repealed.
31 Provisions as to municipal fire brigades.
(1.)
The Mayor and the principal officer of a municipal fire brigade shall respectively have and may exercise within the borough the powers and authorities conferred upon a Superintendent of a fire brigade by the Fire Brigades Act, 1908, and the Mayor and such principal officer and the Corporation shall respectively have the same immunities from liability in regard to the exercise of any such power and authority as a Fire Board and the Superintendent of a fire brigade respectively have under the provisions of the said Act.
Repeal.
(2.)
Subsection two of section two hundred and fifty-eight of the principal Act is hereby repealed.
32 Section 261 of principal Act amended.
Section two hundred and sixty-one of the principal Act is hereby amended by adding to subsection one the following paragraph:—
“(g.)
May procure and sell gas-fittings and appliances for the use of gas.”
33 Cost of installing gas or electric light may be paid by instalments.
Where under any provision of Part XXVII of the principal Act any owner or occupier of any building is required to pay to the Council the cost of connecting such building with any main gas-pipe or with any electric-light main, and of laying on all necessary service pipes, fittings, and meters, the Council and such owner or occupier may agree in writing that any moneys so payable to the Council shall be payable by such instalments as the Council thinks fit, with interest at a rate not less than four and not more than six per centum per annum.
34 Local authority may in certain cases contract to supply electricity to persons residing beyond the borough.
A Council, having established electric-light works for the purpose of lighting the streets and public places of the borough and of supplying electricity to the inhabitants of the borough, may—
(a.)
Supply electricity to any persons residing beyond the borough, with the consent of the local authority of the district in which the supply is given, and the provisions of the principal Act as to the supply of electricity to the inhabitants of the borough shall, so far as applicable, extend and apply to the case of such supply beyond the borough; and
(b.)
Contract with the local authority of any adjoining district to supply electricity to such local authority upon such terms and conditions as may be mutually agreed upon.
35 Section 294 of principal Act amended.
Section two hundred and ninety-four of the principal Act is hereby amended—
(a.)
By adding to subsection three the following proviso: —
“Provided that if the site of the dwelling-house abuts on two or more streets of not less that fifty feet each in width, then the minimum distance aforesaid shall be fifteen feet, irrespective of the height of the dwelling-house.”
(b.)
By omitting from subsection nine all words after the words “one and one-half times the area”
down to and including the words “strictly complied with,”
and substituting the words “hereinbefore required to be left at the side or in the rear of the dwelling-house.”
36 Section 296 of principal Act amended.
Section two hundred and ninety-six of the principal Act is hereby amended by omitting from subsection two the word “lodging-house,”
and substituting the word “building.”
37 Council may light and maintain public clocks.
The Council may expend money on lighting and maintaining any public clock in any public building, and shall be deemed to have been so empowered as from the commencement of the principal Act.
38 Construction or maintenance of boat-haven.
The Council out of its General Fund may contribute to any Harbour Board for the construction or maintenance of any boat-haven which would or may, in its opinion, be beneficial to the inhabitants of the borough.
39 Registration of charges against private properties.
(1.)
Where any moneys paid or expended by the Council in respect of or in relation to any private property are by any Act made a charge upon that property the Council may, within six months from the time when the amount has been ascertained, cause a notice of such charge under the hand of the Town Clerk to be registered against the title to such property, whether under the Land Transfer Act, 1908, or not.
(2.)
Every notice under this section shall be accepted for registration by the District Land Registrar or other proper officer.
(3.)
On full satisfaction of such charge the Council shall register a notice of such satisfaction.
(4.)
The omission to register any such notice of charge shall not affect the liability of the person originally liable to pay the amount or the rights of the Corporation under such charge as against him.
40 Section 344 of principal Act amended.
(1.)
Section three hundred and forty-four of the principal Act is hereby amended by inserting in paragraph (o), after the word “display”
wherever that word occurs in the said paragraph, the words “or continuance of the display.”
Repeal.
(2.)
Section two hundred and ninety-eight of the principal Act is hereby repealed.
41 Section 299 of principal Act amended.
(1.)
Subsection one of section two hundred and ninety-nine of the principal Act is hereby amended by inserting, after the word “gardens”
in paragraph (a), the words “zoological gardens.”
(2.)
This section shall be deemed to have been in force as from the commencement of the principal Act.
42 Section 299 of principal Act further amended.
Section two hundred and ninety-nine of the principal Act is hereby amended by the addition of the following subsection:—
“(3.)
The Council may from time to time, out of its general funds, pay to any person or persons such sums as it thinks fit for supplying musical entertainments and cinematograph or similar exhibitions in any of the pleasure-grounds, gardens, libraries, museums, music-halls, gymnasiums, or buildings provided by the Council for the purpose of the enjoyment or recreation of the public.”
43 Power to provide musical entertainments, &c.
In addition to the powers conferred by section two hundred and ninety-nine of the principal Act, the Council may provide musical entertainments and cinematograph or similar exhibitions in any building owned by or leased to the Corporation of the borough, and may make such charges for admission thereto as it deems reasonable.
44 Section 36 of Amendment Act, 1910, amended.
If the Council of any of the cities mentioned in subsection one of section thirty-six of the Municipal Corporations Amendment Act, 1910, has not made by-laws with respect to the matters mentioned in that section, then the provisions of subsections one, two, and three of that section shall cease to apply to that city, and in such case the provisions of subsection four thereof shall, notwithstanding anything therein contained, apply to that city.
45 Subject-matters of by-laws.
(1.)
The Council may make by-laws for the following purposes:—
(a.)
Licensing persons to set up and remove electric wires for whatever purpose used or intended to be used, and to repair, renew, or otherwise interfere with electric wires when set up as a part of any installation, and prohibiting unlicensed persons from acting as in this section described:
(b.)
Licensing, inspecting, and regulating boardinghouses (not being houses for which publicans’ licenses are held) in which persons are lodged for hire for a single night or for less than one week at one time, or any part of which is let for any term less than a week at one time:
(c.)
Licensing sports-grounds or other lands (whether privately owned or not) on which large numbers of persons are likely to assemble, and for requiring sufficient modes of ingress thereto and egress therefrom to be provided and maintained, and for preserving good order therein:
(d.)
Regulating or licensing the keeping within the borough of any animals, reptiles, or birds, and prohibiting the keeping thereof if the existence or keeping thereof within the borough is, or in the opinion of the Council is likely to become, a nuisance or injurious to health. Any such by-law may apply in respect of animals, reptiles, or birds within the borough at the time of the making of such by-law.
(e.)
Prohibiting the burial of animals within the borough, and, in the case of a Council possessing a digester or destructor, prescribing that any animals dying within the borough shall be removed to such digester or destructor for destruction.
(f.)
Prohibiting or regulating the deposit or accumulation on any vacant land within the borough of refuse or rubbish of any description, including waste paper, shavings, filth, dirt, tins, or iron:
(g.)
Requiring any allotment to be fenced along its line of frontage to any street, and to be kept clear of noxious weeds.
(2.)
Every by-law made pursuant to the provisions of paragraph (a) of this section shall be read subject to the provisions of section two of the Public Works Amendment Act, 1911.
Repeal.
(3.)
Paragraph (d) of section three hundred and forty-five of the principal Act is hereby repealed.
46 Section 345 of principal Act amended.
Section three hundred and forty-five of the principal Act is hereby further amended as follows: —
(a.)
By adding to paragraph (i) thereof the words “and requiring owners of buildings to provide such fire-escapes as shall be decided to be necessary by the Inspector of Buildings.”
(b.)
By adding the following subsection:—
“(2.)
The Council, in considering any application for a billiard-room license, may take into account the question whether the locality in which the proposed billiard-room is situated is suitable, and may, if it considers it undesirable that a billiard-room license should be granted within that locality, refuse to grant such license.”
47 Seventh Schedule to principal Act amended.
The Seventh Schedule to the principal Act is hereby amended as follows:—
(a.)
By repealing clause one, and substituting the following:—
“1
The Council shall have a plan prepared of the street proposed to be stopped, and a survey made and a plan prepared of any new street proposed to be made in lieu thereof, showing the lands through which it is proposed to pass, and the owners and occupiers of such lands so far as known.”
(b.)
By inserting the following new clauses:—
“1c
The said plans shall be open to public inspection at the office of the Council during four consecutive weeks prior to the holding of the meeting of electors hereinafter referred to, and the Council shall once in each such week give public notice of the proposals and of the place where the plans are on view.
“1b
A notice of the proposed stoppage, printed on linen or calico or other permanent material, shall during the said period be kept fixed in a conspicuous place at each end of the street proposed to be stopped.
“9
A copy of the said notice and the plans hereinbefore referred to shall be transmitted by the Council for record in the office of the Chief Surveyor of the district, and no notice of the stoppage of the street shall take effect until such record is made.”
48 Thirteenth Schedule to principal Act amended.
The Thirteenth Schedule to the principal Act is hereby amended as follows:—
(a.)
By inserting in clause three, after the word “Council,”
the words “may attach to the license any conditions as to the provision at public entertainments, by and at the cost of the licensee, of duly qualified firemen, and the use in the building of any means of producing light or heat, or otherwise for the safety of persons assembled in the building, and.”
(b.)
By inserting in clause four, after the words “the same,”
the words “or at any condition attached to the license.”
49 Section 4 of Amendment Act, 1910, amended.
Section four of the Municipal Corporations Amendment Act, 1910, is hereby amended by inserting, as the first words thereof, the words “For the purposes of any general election”
; and by omitting the words “in the case of an ordinary election.”
50 Section 15 of Amendment Act, 1910, amended.
Subsection one of section fifteen of the Municipal Corporations Amendment Act, 1910, is hereby amended by adding thereto the words “or moneys appropriated and held by it for any special purpose.”
51 Mode of levying water rates on the unimproved value in boroughs, town districts, and road districts.
(1.)
In every borough and town district in which the system of rating on the unimproved value is in force with respect to water rates and that gives a water-supply the Council or Town Board may make and levy water rates in respect of the ordinary supply (within the meaning of any by-law defining the same) as under, and shall not make or levy water rates in respect of the ordinary supply under section eighty-three or the principal Act:
(a.)
On all lands and buildings to which water is supplied, a rate on the unimproved value not exceeding the equivalent of a rate of one penny in the pound on the capital value of all such lands and buildings, but so that where such rate would be less than ten shillings a rate not exceeding ten shillings may be made and levied:
(b.)
On all lands and buildings to which water can be 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:
(c.)
On all buildings used as stores or warehouses or for any purposes other than as dwelling-houses, a rate not exceeding one-half of the rates mentioned in paragraph (a) hereof.
(2.)
Where since the coming into operation of the Rating Amendment Act, 1911, the Council or Board of any borough or town district in which the system of rating on the unimproved value is or was in force has made a water rate under section eighty-three of the principal Act on the annual value ascertained by taking six per centum of the capital value, no such rate shall be deemed invalid by reason that it was so made, but every such rate may be levied, demanded, and recovered as if it had been lawful to make it on such annual value, and all demands heretofore made for and steps heretofore taken and legal proceedings heretofore commenced to recover any such rate are hereby validated.
(3.)
This section shall extend and apply for all purposes to the case of water rates in respect of the ordinary supply made under the provisions of section one hundred and forty-eight of the Road Boards Act, 1908, by the Board of any road district in which the system of rating on the unimproved value is or was in force in respect to water rates.
(4.)
This section shall come into force on the passing of this Act.
52 Modes of dealing with workers’ dwellings.
(1.)
In addition to the powers conferred on Councils by section three hundred and twenty-five of the principal Act with respect to workers’ dwellings a Council may—
(a.)
Let to a worker, for the purpose of a worker’s dwelling, any land (not being land reserved for or held upon trust for purposes of recreation) which it is empowered to lease for any purpose for a term exceeding twenty-one years; and may either itself erect a worker’s dwelling thereon, or may lend money to the lessee to enable him to erect a worker’s dwelling thereon, and may provide for the repayment of any such loan, with interest, by instalments as hereinafter mentioned. Any such lease may be granted on any of the tenancies authorized by section five of the Public Bodies’ Leases Act, 1908. If such lease is granted on the terms mentioned in the First or in the Second Schedule to that Act, then to the extent to which the worker’s dwelling has been paid for by the lessee (whether out of his own moneys or by repayments by instalments of the loan-moneys) the worker’s dwelling shall be deemed an improvement effected by the lessee during his tenancy:
(b.)
Advance money to a worker to enable him to acquire land and erect a worker’s dwelling thereon, and may provide for the repayment of the advance with interest by instalments:
(c.)
Sell to a worker any separate worker’s dwelling on such terms as the Council thinks fit, and, in particular, may provide for the payment of the purchase-money (after deducting the amount of any deposit paid by the purchaser) with interest by instalments.
(2.)
In any case mentioned in this section where money is advanced to a worker, or any purchase-money is unpaid, interest shall be paid at the rate of five per centum per annum.
(3.)
In any case mentioned in this section where provision is made for the repayment of any advance, or for the payment of any purchase-money by instalments, such instalments may be made weekly, fortnightly, or monthly, as may be arranged, for a period of twenty-five years and a half, and shall be calculated at the rate of seven per centum of the amount of the advance or of the purchase-money, less any deposit paid by the purchaser.
(4.)
Every weekly or other instalment made as aforesaid shall consist partly of principal and partly of interest, and the amount of principal and interest respectively paid during each period of six months shall be calculated according to the scale in the Schedule hereto.
(5.)
In any case where the provisions of the said section three hundred and twenty-five or this section are for any reason found to be ineffectual or inapplicable to the circumstances of any particular case, or class of cases, the Governor may, at the request of the Council, by regulations, make special directions providing for any such special case, or class of cases, and for the removal of any technical or other difficulty preventing the Council from exercising the powers intended to be conferred by those sections, and any such direction shall have the same force of law as if it were enacted in this Act; and every contract entered into by the Council, whether with a worker or any other person, or with any lender of money, in pursuance of or under the authority of any such direction, shall be valid and effectual for all purposes.
53 Council may raise special loan for purposes of preceding section, &c.
The Council may raise a special loan for any of the purposes mentioned in the last preceding section or in section three hundred and twenty-five of the principal Act, and if the Council does not propose to appropriate and pledge a special rate as security for such special loan, then, but not otherwise, the loan may be raised by special order without taking the steps described in sections eight to twelve of the Local Bodies’ Loans Act, 1913.
Schedule
TABLE SHOWING THE PRINCIPAL AND INTEREST CONTAINED IN A HALF-YEARLY, PAYMENT of £3 10s. FOR EVERY £100 OF UNPAID PURCHASE-MONEY or LOSN at 5 PER CENTUM INTEREST.
| Half-year. | Half-yearly Instalment. | Apportioned thus: | Balance of Principal owing. | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| On Account of Interest at 5 per Centum. | On Account of Principal. | |||||||||||
| £ | s. | d. | £ | s. | d. | £ | s. | d. | £ | s. | d. | |
| 1st | 3 | 10 | 0 | 2 | 10 | 0 | 1 | 0 | 0 | 99 | 0 | 0 |
| 2nd | 3 | 10 | 0 | 2 | 9 | 6 | 1 | 0 | 6 | 97 | 19 | 6 |
| 3rd | 3 | 10 | 0 | 2 | 9 | 0 | 1 | 1 | 0 | 96 | 18 | 6 |
| 4th | 3 | 10 | 0 | 2 | 8 | 6 | 1 | 1 | 6 | 95 | 17 | 0 |
| 5th | 3 | 10 | 0 | 2 | 7 | 11 | 1 | 2 | 1 | 94 | 14 | 11 |
| 6th | 3 | 10 | 0 | 2 | 7 | 4 | 1 | 2 | 8 | 93 | 12 | 3 |
| 7th | 3 | 10 | 0 | 2 | 6 | 10 | 1 | 3 | 2 | 92 | 9 | 1 |
| 8th | 3 | 10 | 0 | 2 | 6 | 3 | 1 | 3 | 9 | 91 | 5 | 4 |
| 9th | 3 | 10 | 0 | 2 | 5 | 8 | 1 | 4 | 4 | 90 | 1 | 0 |
| 10th | 3 | 10 | 0 | 2 | 5 | 0 | 1 | 5 | 0 | 88 | 16 | 0 |
| 11th | 3 | 10 | 0 | 2 | 4 | 5 | 1 | 5 | 7 | 87 | 10 | 5 |
| 12th | 3 | 10 | 0 | 2 | 3 | 9 | 1 | 6 | 3 | 86 | 4 | 2 |
| 13th | 3 | 10 | 0 | 2 | 3 | 1 | 1 | 6 | 11 | 84 | 17 | 3 |
| 14th | 3 | 10 | 0 | 2 | 2 | 5 | 1 | 7 | 7 | 83 | 9 | 8 |
| 15th | 3 | 10 | 0 | 2 | 1 | 9 | 1 | 8 | 3 | 82 | 1 | 5 |
| 16th | 3 | 10 | 0 | 2 | 1 | 0 | 1 | 9 | 0 | 80 | 12 | 5 |
| 17th | 3 | 10 | 0 | 2 | 0 | 4 | 1 | 9 | 8 | 79 | 2 | 9 |
| 18th | 3 | 10 | 0 | 1 | 19 | 7 | 1 | 10 | 5 | 77 | 12 | 4 |
| 19th | 3 | 10 | 0 | 1 | 18 | 10 | 1 | 11 | 2 | 76 | 1 | 2 |
| 20th | 3 | 10 | 0 | 1 | 18 | 0 | 1 | 12 | 0 | 74 | 9 | 2 |
| 21st | 3 | 10 | 0 | 1 | 17 | 3 | 1 | 12 | 9 | 72 | 16 | 5 |
| 22nd | 3 | 10 | 0 | 1 | 16 | 5 | 1 | 13 | 7 | 71 | 2 | 10 |
| 23rd | 3 | 10 | 0 | 1 | 15 | 7 | 1 | 14 | 5 | 69 | 8 | 5 |
| 24th | 3 | 10 | 0 | 1 | 14 | 8 | 1 | 15 | 4 | 67 | 13 | 1 |
| 25th | 3 | 10 | 0 | 1 | 13 | 10 | 1 | 16 | 2 | 65 | 16 | 11 |
| 26th | 3 | 10 | 0 | 1 | 12 | 11 | 1 | 17 | 1 | 63 | 19 | 10 |
| 27th | 3 | 10 | 0 | 1 | 12 | 0 | 1 | 18 | 0 | 62 | 1 | 10 |
| 28th | 3 | 10 | 0 | 1 | 11 | 1 | 1 | 18 | 11 | 60 | 2 | 11 |
| 29th | 3 | 10 | 0 | 1 | 10 | 1 | 1 | 19 | 11 | 58 | 3 | 0 |
| 30th | 3 | 10 | 0 | 1 | 9 | 1 | 2 | 0 | 11 | 56 | 2 | 1 |
| 31st | 3 | 10 | 0 | 1 | 8 | 1 | 2 | 1 | 11 | 54 | 0 | 2 |
| 32nd | 3 | 10 | 0 | 1 | 7 | 0 | 2 | 3 | 0 | 51 | 17 | 2 |
| 33rd | 3 | 10 | 0 | 1 | 5 | 11 | 2 | 4 | 1 | 49 | 13 | 1 |
| 34th | 3 | 10 | 0 | 1 | 4 | 10 | 2 | 5 | 2 | 47 | 7 | 11 |
| 35th | 3 | 10 | 0 | 1 | 3 | 8 | 2 | 6 | 4 | 45 | 1 | 7 |
| 36th | 3 | 10 | 0 | 1 | 2 | 6 | 2 | 7 | 6 | 42 | 14 | 1 |
| 37th | 3 | 10 | 0 | 1 | 1 | 4 | 2 | 8 | 8 | 40 | 5 | 5 |
| 38th | 3 | 10 | 0 | 1 | 0 | 2 | 2 | 9 | 10 | 37 | 15 | 7 |
| 39th | 3 | 10 | 0 | 0 | 18 | 11 | 2 | 11 | 1 | 35 | 4 | 6 |
| 40th | 3 | 10 | 0 | 0 | 17 | 7 | 2 | 12 | 5 | 32 | 12 | 1 |
| 41st | 3 | 10 | 0 | 0 | 16 | 4 | 2 | 13 | 8 | 29 | 18 | 5 |
| 42nd | 3 | 10 | 0 | 0 | 14 | 11 | 2 | 15 | 1 | 27 | 3 | 4 |
| 43rd | 3 | 10 | 0 | 0 | 13 | 7 | 2 | 16 | 5 | 24 | 6 | 11 |
| 44th | 3 | 10 | 0 | 0 | 12 | 2 | 2 | 17 | 10 | 21 | 9 | 1 |
| 45th | 3 | 10 | 0 | 0 | 10 | 9 | 2 | 19 | 3 | 18 | 9 | 10 |
| 46th | 3 | 10 | 0 | 0 | 9 | 3 | 3 | 0 | 9 | 15 | 9 | 1 |
| 47th | 3 | 10 | 0 | 0 | 7 | 9 | 3 | 2 | 3 | 12 | 6 | 10 |
| 48th | 3 | 10 | 0 | 0 | 6 | 2 | 3 | 3 | 10 | 9 | 3 | 0 |
| 49th | 3 | 10 | 0 | 0 | 4 | 7 | 3 | 5 | 5 | 5 | 17 | 7 |
| 50th | 3 | 10 | 0 | 0 | 2 | 11 | 3 | 7 | 1 | 2 | 10 | 6 |
| 51st | 2 | 11 | 9 | 0 | 1 | 3 | 2 | 10 | 6 | |||
| 177 | 11 | 9 | 77 | 11 | 9 | 100 | 0 | 0 | ||||
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Municipal Corporations Amendment Act 1913
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