Council may fence footways. 59 Vict., No. 10, s. 130. Owners to keep hedges from spread- Local Government Trees obstructing or Municipalities. to the gutter or drain of such street, way, or public place in such mauner as the council may approve. (2.) Every owner or occupier refusing or omitting to comply with such request within fourteen days from the service of the notice requiring him so to do shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding Fifty pounds for each such offence; and the council may cause to be done anything necessary to effect such alteration or improvement as is required at the expense of such owner or occupier, and such expense may, in default of payment, be recovered before any two Justices. Provided that any occupier of property upon whom, under the provisions of this section, a penalty is imposed, or who is put to the expense aforesaid, may sue for and recover the amount of such penalty and expense from the owner of such property as money paid for such owner. 263. THE council in its discretion may erect temporary or permanent fences for preventing the access of cattle, horses, or vehicles to any of the footways, and for the general safety of foot passengers and the prevention of accidents, and from time to time may paint, repair, remove, and replace the same. 264. THE owner of any land separated from any street, way, or footway by a hedge or live fence shall keep such street, way, or footway clear from all grass, weeds, seedlings, suckers, or off-sets from such hedge or live fence, and in the event of grass. weeds, seedlings, suckers, or off-sets from any such fence growing upon such street, way, or footway, the mayor may cause a written notice to be served on the owner, requiring him to remove the same within fourteen days, and in default the council may cause the same to be removed, and the owner shall forthwith, on demand, pay the costs and expenses of removing the same to the council. 265. IF the council are of opinion that any street or way under their management is in any manner prejudiced or obstructed by any tree growing or being on land adjoining thereto, it shall be lawful for any two Justices on the application of the council, after summons duly served on the owner and occupier, or upon the occupier only if the owner cannot be found, of the land on which such tree is, to make an order for the removal of such tree or any part thereof by such owner or occupier as such Justices may see fit, and in default of compliance with such order within eight days after a copy thereof has been served personally on such owner or occupier, such owner or occupier, as the case may be, shall be liable to a penalty not exceeding Five pounds, and the council may remove such tree or such part thereof at the cost and expense of the owner or occupier. Division Municipalities. Division 6.-Fixing the Level of Streets, Ways, Private Streets. 266. EVERY person who intends to lay out or make any new Notice of laying out street or way in the municipality shall give written notice of such new streets. intention to the council, in order that the level of such street may 59 Vict., No. 10, be fixed by the said council. s. 135. Persons constructing street contrary to level fixed by the council to pay 267. NO person shall lay out or make any new street or way within a municipality unless and until the level of such street or way has been fixed by the council, and until the surveyor is satisfied that the proper and perfect drainage of such street or way has been expenses consequent provided for by the person laying out such street or way, and every level. upon a change in the person shall, in building any house or other building in any street Ibid., s. 136. or way, the level of which has been fixed by the council, keep that level, and any person offending against this section, shall be liable to defray all such expenses consequent upon any change in the level of the street or way or that part of the street or way on which any such house or building abuts, and of providing for the proper and perfect drainage of the same as the council, by an order under the hand of the town clerk, directs. from council. Local Government 268. IF the council deem it necessary to raise, sink, or other- Alteration of water wise alter the alignment or level of any street, way, or footway in which or gas pipes on notice any waterpipe or gaspipe, or other authorised works, are laid, they may from time to time, by notice, in writing, require the person Act (Vic.) part s. to whom such pipes or works belong to cause, as soon as con- 442. veniently may be, such pipes or works to be raised, sunk, or otherwise altered in position in accordance with the altered level of such street or way: Provided that in case where the alignment or levels have been previously given by the council, such alteration shall be carried out at the council's expense. 269. IF the person to whom such pipes or works belong do Council may act on not proceed, as soon as conveniently may be after the receipt default. of such notice, to cause the same to be raised, sunk, or altered in such manner as the council require, the council may themselves cause such pipes or works to be raised, sunk, or altered, as they think fit and recover the cost of same from such person: Provided that such See ibid., s. 443. works be not permanently injured by such alteration, or the water or gas prevented from flowing as freely and conveniently as before. be 270. THE council may cause the footway or pathway, or Footways may any part or parts thereof, in front of any house or ground flagged, kerbed, and along any street or way to be paved in such manner as the paved at expense of council think fit; and may pay the whole or any proportion of 59 Vict., No. 10, the expense incurred thereby out of the general revenue of s. 114. the owner. Streets to be aligned and width of footways determined. Municipalities. the municipality or out of loan moneys, and any proportion 271. THE council may cause all streets, ways, and public places to be correctly aligned, and may determine the width of all 59 Viet., No. 10, s. 121. footpaths. Altered. Footways in streets Ibid., s. 129. Crossing-places over Owner of property cation with street. Ibid., s. 132. 272. THE council may cause the footways in the streets or ways to be made as nearly as practicable of the same width and level; and, for that purpose, may remove or reduce any paving, steps, unevenness of surface, or whatever obstructs, renders uneven, or contracts such footways, or any of them. 273. THE council may fix crossing-places for vehicles and animals from any street or way to private residences or other premises on either side of the street or way. 274. UPON the application of any owner, or of the majority in requiring communi- number of any owners of property who require a communication with the street or way by means of a crossing, the council may permit the same to be constructed, under the superintendence and to the satisfaction of the council; or the council may construct the same and may recover the cost thereof from such owner or owners before two Justices. 275. Municipalities. to make and repair 275. THE council may, by writing under the hand of the Council may require town clerk, require the owners or occupiers of any premises on either owners and occupiers side of any street or way to make or repair any crossing-place over crossing. the footway leading to and from such premises into the said street or Ibid., s. 133. way to the satisfaction of the council; and unless the said owners or Altered as to time. occupiers, within twenty-one days after the service of such requisition, shall show cause to the satisfaction of the council why such crossing should not be so constructed or repaired, or within such time construct or repair the same, the council may execute such work or repairs, and determine and charge such owners or occupiers with their proportionate parts of the expenses thereby incurred; and if, after the expiration of fourteen days from the delivery of an account of the proportionate expense to which any owner or occupier has become liable, the same is not paid, the council may recover the same in a summary way before two Justices. 276. THE council may fence in or otherwise enclose, level, drain, Power to council to plant, and form walks and carriage-drives through and over any improve park lands, street, way, park lands, commonages, or reserves within a municipality etc. or any part thereof, and may construct dams and reservoirs for the Ibid., s. 138. 277. THE council may from time to time appoint and fix places Carriage stands. in the streets or ways to be used as public stands for licensed vehicles Ibid., s. 112. plying for hire, and from time to time may alter, vary, cancel, and remove stands so appointed, notwithstanding any such stands have been or are declared included or named in any by-law of the municipality; and may further direct, order, and fix the number and class of licensed vehicles to be allowed at any one time to ply for hire on any stands as may seem expedient. 278. THE council may authorise the mayor for the time being, Temporary stands. as circumstances arise, to appoint temporary stands in any of the Ibid., s. 113. streets or ways, and to cancel the same. PART XI.-SEWERAGE, ETC. Construction of main 279. THE council may cause to be made under the streets or ways such sewers as may be necessary, and, if needful, may carry sewers, etc. sewers through and across all underground cellars and vaults under Local Government any of the streets or ways; and if for completing any works it be necessary to carry them into or through any lands other than the streets Act (Vic.), s. 464. Abridged. branch drains, etc. Ibid., s. 467. Municipalities. streets or ways, or any lands without the municipality, whether streets, ways, or not, the council may, subject to the provisions hereof relating to the compulsory taking of lands for works or undertakings, carry the same into or through such lands accordingly; and they may, with the consent of the Governor, cause sewers to communicate and empty themselves into the sea, or may cause the refuse from sewers to be conveyed by a channel to the most convenient site for its collection and sale for agricultural or other purposes as may be deemed expedient. 280. EVERY person, not being authorised for that purpose Unlawfully making by the council, who without the consent of the council makes any drain into any sewer or drain vested in the municipality, or who, without such consent, stops or obstructs any such lastmentioned sewer or drain shall, for every such offence, be liable to a penalty not exceeding Twenty pounds; and the council may cause such branch drain to be remade or altered as they think fit, and the expenses incurred thereby shall be repaid to the council by the person making or altering such branch drain, and may be recovered in a summary way before any two Justices. Laying drains, etc., Ibid. s. 468. Council may drain land in certain cases. Ibid., s. 469. 281. IF any house or building within any municipality be at any time not drained, by some sufficient drain or pipe communicating with some sewer or with the sea, to the satisfaction of the council, and if there be such means of drainage within one hundred feet of any part of such house or building, the council may construct or lay from such house or building a drain or pipe of such materials, of such size, at such level, and with such fall as they think necessary for the drainage of such house or building; and the expenses incurred shall be repaid to the council by the owner of such house or building. 282. IF any land within a municipality is not, as to drainage of surface and storm-water, drained by some sufficient drain or channel communicating with some sewer or drain or channel used for the discharge of surface or storm-water, the council may construct or lay at and along the natural outfall of the water as shaped by the intervention of any houses, buildings, or other structures, and through any land lying between such first-mentioned lands and the nearest sewer, drain, or channel, an open drain or channel, paved, or otherwise secured, and suited for draining therefrom, and from the intermediate tenements such surface and storm water, but so that such drain or channel shall not pass through or under any house, building, or other like structure, and that it may, at the desire and request of any owner of land through which it may pass, descend and fall into any drain or channel already upon such land, and available for |
