Municipalities. council are making or repairing, not being the site or curtilage of any house or a garden, lawn, yard, court, park, plantation, planted walk, avenue, or nursery for trees, make a temporary street or way, bridge, or ford, to be made use of as a public highway whilst the old street, way, bridge, or ferry is being made or repaired, making compensation to the owners and occupiers of such grounds for any damage which they may thereby sustain. 243. THE council may plant trees in any street or way in the Power to plant trees. municipality, and erect tree-guards to protect the same. 59 Vict., No. 10, s. 111. The council may 244. THE council may affix upon the walls of any house within the municipality any board or plate legibly showing thereon paint or affix names the name of any street or way, or such notice as may be conducive of streets on houses. to the public convenience; or may cause such name or notice to be 59 Viet., No. 10, painted or coloured upon such walls, or may fix on such house any letters in wood, iron, or other material, by which such names of streets, or ways may be expressed so as to be legible. s. 126. Council may assign 245. THE council may assign a number to each house in every street, or way within the municipality, and may from time to a number to each time, whenever they may deem it expedient, assign any other house. number to such house in lieu of the previously assigned number, Ibid., s. 127. and the occupier of every such house is hereby required to paint or affix such number upon a conspicuous place on the front of such house within fourteen days after notice to that effect, signed by the mayor or town clerk, shall have been served on such occupier. Any person failing to comply with the provisions of this section shall be deemed to have committed an offence under this Act. Posting bills, etc., 246. NO person shall in any street, way, or public place, or in any park lands, squares, or reserves, fix any posting bills or other without permission papers against or upon any building, wall, fence, tree, verandah post, of council. lamp post, electric light post, tramway post, telegraph post, or other Ibid., s. 125. post, rail, pole, seat, or any kerb, paving, or footway, the property of or under the control of the council, or in, over, or upon any street, way, or public place; or write upon, soil, deface, stencil, chalk, paint, or mark any such building, wall, fence, tree, verandah post, lamp post, electric light post, tramway post, telegraph post, or other post, rail, pole, seat, kerb, paving, or footway, without having first obtained the consent thereto of the council for such time and on such terms as the council may decide, nor then except in accordance with such consent. Any person offending against the provisions of this section shall be guilty of an offence against this Act, and shall be liable for every such offence to a penalty not exceeding Ten pounds. Division unite in maintaining common boundary. Municipalities. Division 4.-Making and Maintenance of Streets, Ways, Bridges, and Ferries on the Boundaries of Municipalities. 247. IF at any place one bank of any river, creek, or watercourse lies within any municipality, and the opposite bank is outside such municipality, and not within any other municipality, the council with the consent and approval of the Governor, may, for the purpose of constructing, establishing, or repairing at such place, any bridge, culvert, wharf, or ferry, and any approaches thereto, exercise the like powers over such river, creek, or watercourse, and both banks thereof, as though the whole breadth and both banks were within the municipality. 248. THE council may, with the approval of the Governor, lease for any period not exceeding thirty years any convenient portions of land being the ends of the streets or ways abutting on any river, creek, or water-course, or stream, for the purposes of erecting and maintaining wharves and other landing places. 249. WHERE any street, way, river, stream, or watercourse Local authorities to forms a common boundary of two municipalities, or of a municipality and a road district, whether it lies wholly in one or partly in both, such local authorities may be compelled to unite in making or repairing such street or way, or maintaining the banks of and making and maintaining bridges over or culverts into such river, stream, or Agreement to be made between local authorities for main taining works. watercourse. 250. EITHER of such local authorities may serve on the other a notice requiring such works as are mentioned in the last preceding section, and are specified in the notice to be done, and shall accompany such notice with a proposal for carrying. out the work, and an offer to treat and agree with respect to the performance and future maintenance and repair by either party of the whole or part thereof; and such agreement may be made accordingly, and every such local authority shall have power to perform, maintain, and repair any works in accordance with such agreement, or to bear the cost of such performance, maintenance, and repair. 251. IF for the space of one month after the receipt of any council, etc., failing such notice the local authorities concerned fail to agree as to the Court may to treat. Ibid., s. 423. summon subject matter thereof, it shall be lawful for either of such local authorities at any time afterwards to apply to the Resident or Police Magistrate or two Justices having jurisdiction in the locality for a summons calling on the other local authority to show cause why the work mentioned in such notice should not be executed. 252. Municipalities. Court may apportion 252. THE said Resident or Police Magistrate, or two Justices, upon proof of the giving of such notice, and upon the appearance work and order exeof both parties, or proof if the party so summoned do not appear cution. of the due service upon such party of such summons, may hear Ibid., s. 424. and determine the matter in question, and determine whether or not such work shall be done, and what shall be the nature and extent thereof, and may apportion such work between the authorities or direct either authority to execute the whole work, and the other authority to pay thereto any portion of the cost thereof, and may in like manner provide for the future maintenance and repair thereof. party may execute 253. IF either such authority, as aforesaid, having performed its part of any such agreement, or of any such order of the Resident On omission other or Police Magistrate or Justices, or having performed in part only, and recover expense. and having been prevented from completing by the non-performance Ibid., s. 425. of some work to be performed by the other authority, as hereinbefore provided, the other authority omit to comply with so much of any such order as applies to such last-named authority, the firstnamed authority, from time to time, after one month's notice to the authority so omitting of its intention so to do, may execute the whole or any part of the matters or things comprised in such agreement or enjoined by such order to be performed by the authority so omitting, and recover the expense of so doing from the authority so omitting. payment. 254. IF either authority, as aforesaid, omit to make any money payment which such authority has agreed or been ordered to make by Recovery of money any such agreement or order, the other authority, having performed its part of such agreement or order, may recover the same before bid., s. 426. a Resident or Police Magistrate or two Justices. Displacement, etc., Division 5.-Obstruction to Streets, Ways, and Water-courses, etc. 255. EVERY person who displaces, takes up, or makes any alteration in the soil, pavement, flags, sods, or other material of any of materials of street, way, path, or footway, under the control of the council without streets. their consent in writing, shall be liable to a penalty not exceeding Ibid., s. 427. Five pounds, and also to a further penalty not exceeding Ten shillings for every square foot of pavement, flags, sods, or other materials of the street, way, path, or footway, exceeding one square foot so displaced, taken up, or altered. 256. EVERY person who encroaches upon or obstructs by making or causing to be made any building, hedge, ditch, fence, hole, heap, or drain on, across, or in any street or way within any municipality shall, for every such offence, be liable to a penalty not exceeding Twenty Encroachment upon streets. Ibid., pt. s. 428. of street by means of unlocked swing gates. Ibid., pt, s. 428. Municipalities. Twenty pounds, and a further penalty not exceeding Five pounds for every day while the same is so continued; and the council shall cause such encroachment, or obstruction, building, hedge, ditch, fence, hole, heap, or drain to be taken down or filled up, or otherwise made good at the expense of any person by whom the same has been made, or to whom it belongs, and such expenses may, in default of payment, be recovered before any two Justices. or Court of competent jurisdiction. 257. WHEREVER the temporary closing of any street or way, Temporary closing by means of unlocked swing gates, will not be injurious to the public, or where the traffic is so slight that the temporary closing of such street or way would not create any inconvenience, the Governor may, on the application of the council, from time to time grant to the owner, the lessee, or licensee from the Crown of adjoining lands to such street or way, a license to close it with unlocked swing gates for a time limited in such license, and may at any time revoke such order or license: Provided that before any such street or way be closed as aforesaid, notice of the application for a license to allow such street or way to be closed, and the reasons for making the same, shall be published in the Government Gazette and in some newspaper once in each week for four consecutive weeks, stating the situation of the street or way and the period for which it is proposed to close the same; and in every case the period for which such street or way is to be closed shall be published in the Government Gazette: Provided that where a street or way adjoins any purchased lands, and is required for access to such lands only, and not otherwise for public use and convenience, if the owner of such land make application to close such street or way, and the Governor approve thereof, and if an adequate money consideration according to the determination of an appraiser appointed by the council be paid for the same, the Governor may order such street or way to be closed; and the Governor may grant in fee the soil of the street or way so closed to the owner of such adjoining lands. water-courses, etc. Ibid., s. 429. 258. IF any person alter, obstruct, or in any manner interfere Obstruction, etc., of with any ditches, creeks, gutters, drains, water-courses, tunnels, or bridges after they have been made by or taken under the control of the council without the authority of such council, such person shall be liable to reimburse all charges and expenses which may be occasioned by reinstating and making good the work so altered, obstructed, or interfered with, to be recovered in default of payment before two Justices, and shall for every offence be liable to a penalty not exceeding Twenty pounds. Obstruction to water courses by trees, logs, etc. Ibid., 430. 259. IF any person wilfully or negligently causes or permits any loose trees, logs, timber, or brushwood growing, or which may have been growing on any land within his occupation, to fall into any Municipalities. any stream, river, or watercourse, he shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding Five pounds for the first and not exceeding Twenty pounds for every subsequent offence. 260. WHERE any land, which shall adjoin or abut upon any street or way within any municipality, is not fenced in or enclosed to the satisfaction of the council, or is overgrown with underwood or bushes, or the fence whereof has been allowed to fall into disrepair, such council may, from time to time by writing under the hand of the mayor or town clerk, order that such land, so far as the same shall adjoin or abut upon such street or place, be cleared or enclosed with a substantial fence of such description and materials as the council may prescribe from time to time; or in order to prevent drift sand, soil, or other refuse from being carried on to any street or place to the obstruction or annoyance of the passers-by or others, the council may order that such land be enclosed by a close and substantial fence within such time as to the council may appear expedient; and the owner of the said land, after due service on him of such order, shall, in such manner and in such time as shall be expressed therein, at his own cost, clear or well and sufficiently fence, to the satisfaction of the council, so much of the said land as shall abut upon any such street or way. In default of owner 59 Vict., No. 10, 261. IF any such owner shall neglect to fence in or otherwise enclose any such land in the manner and within the time expressed clearing, etc., counin such order, the council may clear, fence in, and enclose such land cil may do so at his or such parts thereof as shall not have been fenced in and enclosed expense. pursuant to such order, and cause an account of the expenses s. 124. thereby incurred, and payment thereof to be demanded from such With addition. owner; and in default of payment thereof within thirty days from such demand, the council, may lodge a caveat with the Registrar of Titles against the transfer of such land until payment is made, and, by writing under the hand of the town clerk, may order payment thereof by such owner, who shall pay the same accordingly, and the amount so expended and ordered to be paid shall be recoverable by the council in like manner as rates. Overhanging gutters 262. (1.) THE council may require the owner or occupier of any building, balcony, shop front, verandah, or other property or eaves. abutting on a street, way, or public place, to construct the roof-flats or 59 Vict., No. 10, gutters of the same in such a manner, and to supply the same s. 142, with addition. with gutters and pipes so that no water from such roof-flats or gutters drips upon or runs over any part of any such street, way, or public place, and also to cause the water from such roof-flats or gutters to be conducted through a pipe or trunk under any footway to |