Municipalities. for the like drainage of the same, and lying along the natural outfall aforesaid; and all expenses incurred by the council in respect of any such drain or channel, or any part thereof, made through the land of any separate owners shall be repaid to the council by such owners. 283. THE council shall cause all sewers and drains to be kept so as not to be a nuisance or injurious to health; to be cleared, cleansed, and emptied; and for the purpose of clearing, cleansing, and emptying the same, may construct and erect such works as are necessary, and may cause all or any sewers to communicate with and be emptied into such places (the same not being a fresh-water running stream) as they deem fit and necessary. PART XII.-LIGHTING. Council may contract 284. THE council, by contract or otherwise, may cause the streets, ways, and public places to be lighted with gas, oil, electric for lighting streets. light or otherwise during such times as are requisite; and, in like 59 Viet., No. 10, manner, may provide such lamps, lamp-posts, lamp-irons, poles for s. 143. erecting or connecting electric wires, gas pipes, and other works and With addition. materials as are necessary for that purpose; and may manufacture or contract for the manufacture or supply of electric lights or gas for the lighting of such streets, ways, and public places, and provide or contract for gasometers and any requisite apparatus and machinery: Provided that no contract for the supply of electric, gas, or other light for a term exceeding three years shall be entered into or made by any council without the consent of the Governor first had and obtained. Lighting rate. 285. IF, at any time before any municipality is lighted with gas, oil, electric light or otherwise, the majority of ratepayers of any 59 Viet., No. 10, street, way, or locality, or ward, desire that the same be lighted, the s. 144. council may cause the same to be lighted, and may, as to one moiety of the expense to be incurred, defray the same out of the general rate and ordinary income of the municipality; but if such general rate and ordinary income are not sufficient, the council may strike a special rate, which in no case shall exceed Sixpence in the pound upon the ratable value of all property within the municipality, and of such special rate a separate account shall be kept, and the proceeds shall be applied for the purpose aforesaid; and the other moiety of the expense of lighting such street, way, locality, or ward shall be paid by the ratepayers thereof ratably, according to the ratable value of their property, and either from year to year, or for such number of years as the council may determine; and the moiety of the expense aforesaid may be collected, and shall be recoverable ratably from each of the ratepayers of the said street, way, locality, or ward by the council under the provisions herein contained for enforcing payment of rates. PART Drainage of lakes, Local Government Power to council to reservoirs. Municipalities. PART XIII.-WATER SUPPLY, FIRES, ETC. 286. WHEN in any municipality the public have right of access to the water in any lake, pool, or pond, it shall be unlawful to draw or let off the water from such lake, pool, or pond, so as to injure immediately or prospectively the enjoyment by the public of the water; and the council may take all proceedings that may be necessary to restrain anyone from offending against this section, as well as to recover any penalty not exceeding One hundred pounds imposed by any two Justices. 287. THE council may construct and maintain tanks, dams, construct dams and and reservoirs and such tanks, dams, and reservoirs, and the water therein shall be the property of the municipality, and the council may from time to time make and repeal by-laws regulating the use thereof: Provided, that no tank, dam, or reservoir be constructed at a cost of more than Five hundred pounds, without the consent of the Governor. Ibid. s. 473. Council may contract for water supply. Ibid., s. 477. Prevention of fires. Council may take measures for providing supply of water for use in the event of fire. 59 Vict. 10, s 147. Procure fire engines 288. THE council may contract for any period not exceeding three years with the owner of any water-works or any other person for the supply of water, and may so contract for a period exceeding three years providing that no contract for the supply of water exceeding the period of three years, or for the purchase of any waterworks, shall be entered into unless and until the same shall have been submitted to the ratepayers for approval, and such approval shall be obtained in the manner similar to that provided for the taking of a poll for and against a proposed Loan, as hereinafter set forth. 289. THE council may, either separately or in conjunction with any commissioners or other authorised body for supplying the municipality with water, cause such reservoirs, tanks, mains, pipes, and fire-plugs to be constructed and laid down in such public places as the council deems necessary for affording a constant and ample supply of water for use in the event of fire within such municipality; and may, either separately or in conjunction with any fire insurance company or other persons, procure fire engines, fire escapes, ladders, and other machines and apparatus made use of for extinguishing and other apparatus. fires and saving life and property in cases of fire; and may in like manner organise and establish any fire brigade and make provision for, or contribute towards the payment of, any superintendent, officer, fireman, or other person employed therein, or grant any sum of money as rewards for meritorious conduct, or compensation for personal injury to any person assisting in the extinguishment or preventing the spread of fire, or in the rescue, or attempt to rescue, any person, animal, or goods therefrom within such municipality; and may cause fire-alarm bells to be fixed in such situations as it deems expedient. Organise fire brigade, pay officers, etc. Give rewards. Fire-alarm bells. PART Municipalities. PART XIV.-BATHS, WASH-HOUSES, ETC. baths, etc. Local Government 290. THE council may from time to time purchase, erect, rent, or otherwise provide, either within the limits of the municipality, Council may provide or at a reasonable distance therefrom, land and buildings to be used for baths and wash-houses, and may fit up the same with all Act (Vic.), part s. conveniences, and from time to time enlarge, renew, and repair the 480. same and afford the use thereof to the inhabitants of the municipality, under and subject to such by-laws as the council may make, and either without charge or at such reasonable charges as the council may order. 291. A PRINTED copy, or abstract of any by-laws made by the council relating to the use of baths, shall be put up in such bath Copy of by-laws to and wash-house. be posted. Ibid., part s. 480. struct public foun 292. THE council may cause fountains, urinals, and privies, as it deems necessary for the public convenience and health, to be Council may conmade and constructed in or upon any public place, and accept and tains and urinals. take the care and management of any fountain or water-course which 59 Vict., No. 10, is surrendered to it for public use, and cause all fountains, urinals, 8. 148. privies, and water-courses to be altered, enlarged, repaired, and In part. cleansed as the council deems proper. Rights under Public 293. NOTHING in this Part of this Act shall affect any rights any municipality may have under any existing Acts and the Public Health Act, 1898, Health Act, 1898. PART XV.-POUNDS AND ABATTOIRS. not affected. struct pounds and 294. THE council may construct and erect buildings, fences, and appliances necessary for pounds and abattoirs that the council Council may conare empowered to provide, and may lease or purchase land necessary for such purposes, and may make by-laws for all purposes connected therewith. abattoirs. Local Government to be taken as to works in progress. PART XVI.-PROTECTION OF WORKS IN PROGRESS, ETC. 295. THE council shall, during the construction, alteration, or repair of the streets, ways, sewers, drains, or works, take precaution for Precautions guarding against accident, by protecting adjoining houses, and cause such bars or chains to be fixed across the streets or ways to prevent the passage of persons, carriages, and animals while such works are carried on, as to the council shall seem proper; and the council shall cause any sewer or drain or other works during the construction, alteration, Vehicles to have their weight, etc., painted on conspicuous part. Municipalities. alteration, or repair thereof, to be lighted during the night; and every person who takes down, alters, or removes any bars, chains, or extinguishes any light, without the consent of the council, shall for every such offence be liable to a penalty not exceeding Five pounds. PART XVII.-WEIGHBRIDGES AND MARKETS. 296. THE council, or any person authorised by them, may erect weigh-bridges in any municipality, and from and after such weigh-bridge, measuring machine, or instrument has been erected and ten clear days' notice of such erection shall have been given in 60 Vict., No. 11, s. 4. the Government Gazette and some newspaper, every vehicle carrying or constructed to carry goods or merchandise of any kind whatever in any actual use in any public place shall have the weight of such vehicle painted on some conspicuous part of the off-side thereof, such letters not being less than two inches in length and of a breadth in proportion, and the. owner of any vehicle, who shall neglect to have the weight painted as aforesaid, or who shall have the same painted incorrectly, shall forfeit and pay for each offence a sum not less than Five shillings nor more than Five pounds: Provided that for every day that any such vehicle shall continue to be used, and to have the weight unpainted or incorrectly painted, the owner thereof shall be deemed to have committed a fresh offence. to allow weighing. Ibid., s. 5. 297. ANY person who shall, on request being made by any Penalty for refusing buyer of any goods or merchandise, officer of a municipality, or any officer of police, refuse to allow goods so carried to be weighed or measured at the nearest or most convenient weigh-bridge or measuring machine or instrument shall forfeit and pay for each offence a sum not less than Forty shillings nor more than Ten pounds. Council may erect weigh-bridges. Ibid., 8. 6. Interpretation. Local Government The Market." 298. THE council may order and cause to be built and erected in any public place within the municipality one or more machines or engines, with a suitable house or other building thereto, for weighing of vehicles conveying any goods or merchandise whatsoever, or measuring the same, and may fix, demand, and recover such charges as may be considered expedient for the use of such machines or engines. Markets. 299. THE following words and expressions shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant thereto (that is to say): The expression "the Market" shall mean a market and the works connected therewith provided by the council. The Municipalities. The word "Cart" shall include every wagon, dray, van, or "Cart." goods. The word "Driver" shall include the carter or other person "Driver." The expression "the Collector" shall mean the person "The Collector." appointed to collect the stallages, rents, or tolls authorised Ibid., s. 483. 300. THE council shall have power to do the following things Power of council to or any of them within the municipality :— (a.) To provide market places, and construct market houses or (b.) To provide houses and places for weighing carts; (c.) To make convenient places for weighing carts; (d.) To make convenient approaches to such markets; (e.) With the consent of the Governor, to lease markets for (f) To provide all matters and things necessary for the 301. provide markets. See ibid., s. 482. IT shall be lawful for the council or the lessee of any Markets, etc., tolls. market to demand, receive, and recover from every person exposing or offering for sale or selling any corn, grain, hay, straw, meat, Local Government poultry, eggs, butter, fruit, vegetables, or other produce, products, provisions, or any cattle in any market, or who shall use or rent any stall or standing place in such market, and also from every person who shall use any building, place, or machine provided for the weighing of carts, and from every person who shall at any time use for the sale of cattle any yards or premises outside any market provided by the council for such purpose, such sums of money as and for stallage, rents, tolls, and dues, not exceeding such amounts as are authorised by general regulations to be made by the council. Letting of tolls. 302. THE council may demise or let to farm for any term all or any of the stallages, rents, and tolls payable in respect of any market, and also demise and let for any term any stall or standing in such Ibid., s. 485. market, and also to demise or let the whole of any market for any term of years. 303. |