Order when confirmed to be valid. Ibid., s. 386. The Land Resumption Acts incorporated. The Governor may Ibid., s. 388. Municipalities. 217. AFTER the confirmation by the Minister of any such order, the same shall be deemed valid and effectual, notwithstanding any non-compliance with any matter or thing hereinbefore required as preliminary thereto. 218. FOR the purpose of ascertaining the amount of compensation to be paid for any lands taken under this Act, the sections of the Land Resumption Acts of 1894 and 1896, relating to compensation, are hereby incorporated with this Act, and shall be read as if the order for taking lands under this Act were the order there referred to, and as if the council were the Commissioner of Crown Lands, and shall take effect with regard to all works and undertakings for the purposes of which the council may be authorised to take and use lands, and not otherwise. PART X.-STREETS, WAYS, ROADS, BRIDGES, FERRIES, CULVERTS, Division 1.-Dedication of Public Highways. 219. IT shall be lawful for the Governor on request of the proclaim highways. council, by notice in the Government Gazette, to declare any land reserved, used, or by purchase or exchange acquired for a street, or way, to be a public highway, and such land shall thereupon and thenceforth, from the date of such proclamation, become and be absolutely dedicated to the public as a highway within the meaning of any law now or hereafter in force. Effect of notices. See ibid., s. 389. Width of streets, etc. 62 Vict., 26, s. 3. 220. ALL notices heretofore or hereafter to be published in the Government Gazette, fixing and declaring the breadth of the carriage or footways of any street, way, or public place, shall from the date of such publication as aforesaid be deemed to operate as a dedication by Her Majesty to the public of the land referred to in such notice as a street. 221. NO street shall, after the passing of this Act, be set out unless the width of such street, to be ascertained by measuring at right angles to the course of such street from front to front of the building line on either side thereof, shall be sixty-six feet at the least, and no council shall declare any street of lesser width: Provided tion of streets not that the council shall have power to dedicate to the public use any surveyed street, not less than twenty-five feet in width, on which allotments have been laid out and sold, and which shall have been set out before the passing of this Act, and shall have been in unrestricted Proviso as to dedica 66 feet wide. Municipalities. restricted public use for at least twelve months; and, after publication of notice thereof in the Government Gazette, such dedication shall be deemed to be valid and complete, and such street shall thereupon become a public street. be public highways. See 59 Vict., No. 10, s. 119. 222. ON the application of the owner or (if there be more streets made good than one owner) of the owners of so many of the houses and by owners, etc., to lands abutting upon any private street, not being of less width than 66 feet, except as hereinafter provided in that behalf, as in ratable value are the greater part of all the houses and lands so abutting, the council may, by writing under the commou seal of the municipality, declare the same to be a street; and the said street shall become a public street, and shall thereafter be under the management of the council. 223. ANY municipality declared after the passing of this Act shall have power, with the consent of the Governor, to dedicate to the public use any surveyed street or way not less than 25 feet in width, which has been in unrestricted public use for at least 12 months, and on which allotments have been laid out and sold. Formation and re 224. ANY private street or way not taken over by the council shall as to the prevention and suppression of nuisances pairs of private therein and the cleansing thereof be subject to the provisions of this streets. Act, and every Act relating to the public health, for the general 59 Viet., No. 10, regulation of streets or ways from and after the period at which Slightly altered. any such private street or way is set out and aligned. s. 134. 225. THE council may by notice direct that any land taken, Council may order purchased, or acquired by them shall be a street or way from such time that new streets be as is named in such notice; and every such notice shall be published public highways. in the Government Gazette, and thereupon such land shall become Act (Vic.), s. 390. and be a street or way, and be deemed to be dedicated to the public accordingly. Local Government 226. ANY notice as in the last preceding section mentioned old road, how dismay declare that any land dedicated thereby to the public shall be posed of. in lieu of any existing street or way named in such notice, and in Ibid., s. 391. case of the publication of such notice in the Government Gazette such street or way shall be discontinued accordingly, and the land and soil thereof shall vest in the municipality, and shall and may be sold and conveyed by the council; but if such former street or way leads to any land, house, or place which cannot, in the opinion of the council, be conveniently approached by the new street or way, then, and in such case, such former street or way shall be sold subject to the right-of-way Absolute property in Municipalities. right-of-way and passage to and from such house, land, or place and the moneys arising from every such sale shall be carried to the credit of the municipal fund. 227. IT is hereby declared and enacted that, notwithstanding any roads, etc., to vest in presumption of law to the contrary, the absolute property in the land heretofore or hereafter reserved or proclaimed under this or any other See 59 Vict., No. 10, Act as a street, is, and shall be, vested in the municipality. municipality. 8. 5. Power to Governor to appoint control of bridge or ferry at boundary of muni- Local Government Roads, etc., under Division 2.-Appointment of Control of Bridges and Ferries. 228. WHERE any river, creek, or water-course is so situated that at any one place one bank thereof is within or adjoining any municipality, and both banks thereof are not within such municipality, the Governor may, with the consent of the Council by order published in the Government Gazette, appoint the control of any bridge or ferry across such river, creek, or water-course at such place and the approaches thereto, and so much of either bank at such place as may be necessary for the convenient construction and use of a bridge or ferry and proper approaches thereto respectively thereat to the council and every such order may in like manner yary or revoke. 229. EVERY street, bridge, ferry, or river, of which the management of coun- council has the management or control, shall be deemed to be within such municipality. cil. Ibid., s. 400. Reserves for water supply may be declared. 59 Vict., No. 10, s. 118. Council to have cer 230. THE council may declare any portion of any river or water-course within the limits of the municipality to be reserved for the supply of water for public use. Division 3.—Making, Maintenance, and Management of Streets, Ways, 231. THE council may make, improve, maintain, alter, level, grade, extend, pave, light, water, cleanse, repair, keep in good order public places, streets, and condition and otherwise improve all public places, streets, ways, tain powers as to roads, drains, wharves, etc. 59 Vict.. No. 10. s. 109. bridges, culverts, jetties, ferries, wharves, and other premises within the municipality; and may plant and maintain trees on public places and streets or ways, as seem proper; and may make and keep in good order and condition all sewers, gutters, drains, and water-courses along or under the said public places, streets, ways, wharves, and jetties, for carrying off the water, mud, or other filth, and again remove or alter the same as occasion requires; and may place bars and other fences across or along the said public places, streets. ways, wharves, or jetties, Municipalities. jetties, when under or preparatory to their alteration or repair, and may erect posts or railings, and suspend chains for guarding footways, gutters, or the like, and generally may do and make or cause to be made and done all acts and things whatsoever that are necessary and proper for accomplishing the several purposes afore said. New roads, etc. 232. SUBJECT to the provisions of this Act the council may within the municipality from time to time open new streets or ways, divert any street or way, alter or increase the width of any street Act (Vic.) s. 402. or way, or cause to be raised or lowered the ground or soil of any street or way. 233. THE council may use locomotives propelled by steam upon any street or way for the purpose of making and rolling the same, subject to the following conditions: (1.) At least two persons shall be employed with each loco- 2.) Barriers shall be provided and fixed, when practicable Steam road roller. 234. THE council may from time to time cause any street or way or portion of a street or way to be watered, and may employ The Council may such men, horses, and water-carts or other means as are necessary for that purpose. 235. NO person shall be entitled to recover damages against any municipality in respect of any loss or injury sustained either to himself or to any other person or any property by reason of any accident upon or while using any portion of a street or way under the control of the council, which portion has not been interfered with by the council, merely because some other portion of such street or way, whether distant laterally or longitudinally, has been taken over or improved by the council: Provided that nothing in this section shall relieve any municipality from any liability where such accident is caused by the negligence of the council in the execution of works then in progress, or which have been completed by such council in any street or way within such municipality. cause streets to be watered. 56 Vict., No. 10, s. 128. Extent of liability of municipality. See Local Government Act (Vic.) s. 406. 236. NO action shall be brought against any municipality in respect of any works made or constructed under or by virtue of this relieved from certain Municipalities part actions. Power to close roads for repairs. Council may impound Local Government Power to impound cattle grazing on roads. Ibid., s. 409. Material of roads, council. Ibid., s. 410. Municipalities. part of this Act, or in respect to any damage or injury arising out of the making or constructing of any such works, by reason only that the municipality made or constructed the same, or caused the same to be made or constructed, without exercising any power created or conferred by this Act. 237. FOR such time as may be necessary for the purpose of making, improving, maintaining, altering, or increasing the width, or causing to be raised or lowered the ground or soil of any street or way within any municipality, the mayor or town clerk may close such street, way, or any bridge, and stop all traffic thereon. 238. FOR the purpose of any law now or hereafter to be in force relating to the impounding of cattle, every municipality shall be deemed the owner and occupier of all streets, ways, bridges, and ferries within the municipality. 239. ANY cattle driven along or on to any street or way for the purpose of grazing, without the consent of the council of the municipality, shall be deemed to be trespassing on such street or way, and may be impounded by the council under any law for the time being in force relating to the impounding of cattle. 240. THE materials of all public streets, ways, bridges, culverts, etc., to belong to ferries, wharves, and jetties, and all matters and things appurtenant thereto, and all buildings, fences, gates, posts, boards, stones, and erections placed upon any street, ways, bridge, culvert, ferry, wharf, or jetty by any person or persons, or body corporate for the time being having the management thereof, and all materials, tools, and implements provided for constructing, repairing, or maintaining such streets, ways, roads, bridges, culverts, ferries, wharves, and jetties, and the scrapings of all streets or ways shall belong to the council of the municipality within which the same respectively are. Power to make, etc., Local Government Act (Vic.) s. 411. Temporary road during repairs. Ibid., s. 412. 241. THE council may, in and through any lands within the municipality, make and open such ditches, gutters, tunnels, drains, and water-courses as to such council may seem fit, and all ditches, creeks, gutters, tunnels, drains, or water-courses within or adjoining to the municipality may make, scour, cleanse, and keep open, and for any of the purposes aforesaid may enter upon any lands, and such council shall make compensation to the owners for any damage which they may sustain through the exercise of any of the powers conferred by this section. 242. THE Council may, through any grounds adjoining to any ruinous part of any street or way or any bridge or ferry which such council |