66Proof that street is subject to Part V

### 66 Proof that street is subject to Part V > > (1)  In this section, "made" refers to the time of making, so that a street that is once well and sufficiently made remains so even if all the work of making is washed away or is otherwise undone. > > > (2)  For the purposes of this Part, the carriage-way of a street shall be deemed to have been well and sufficiently made only if it was made well enough to be an all-weather road for light or heavy traffic or both according to the standards accepted at the time of its making. > > > (3)  The carriage-way of a street that is not surfaced with gravel, crushed stone, or bitumen shall be deemed not to have been well and sufficiently made unless the contrary is proved. > > > (4)  The corporation – > > > > > > (a) may prepare a copy of all or part of its municipal map showing any or all of the streets in its municipal district that it says have not been well and sufficiently made and also showing the date on which the copy was prepared; and > > > > > > > (b) shall, if it prepares such a copy, advertise on at least 3 successive Saturdays when and where the copy is exhibited and the effect of the advertisement and exhibition. > > > (5)  The copy of the map prepared under [subsection (4)](#GS66@Gs4@EN) shall be on show at the corporation's municipal office at all reasonable times for the period of 3 months after the last advertisement required by that subsection, and thereafter it is conclusive evidence that the streets shown on the copy as not well and sufficiently made have not been so made, unless, before the end of that period, a person concerned has given to the corporation notice of objection to the inclusion of a particular street. > > > (6)  Where a notice of objection has been given under [subsection (5)](#GS66@Gs5@EN) , that subsection does not apply to the street to which the notice relates, but the corporation may make an application in accordance with the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) that the notice should be cancelled. > > > (7)  An application under [subsection (6)](#GS66@Gs6@EN) shall be heard by a magistrate sitting alone, who – > > > > > > (a) may order the notice of objection to which the application relates to be cancelled or allow the objection contained in that notice; and > > > > > > > (b) may deal with the costs of the application. > > > (8)  Where, pursuant to [subsection (7)](#GS66@Gs7@EN) , a magistrate orders the cancellation of a notice of objection in respect of a street, [subsection (5)](#GS66@Gs5@EN) applies to the street as if the notice had never been given. > > > (9)  Where more than one notice of objection is given in relation to the same street under [subsection (5)](#GS66@Gs5@EN) , all those notices shall be dealt with together as if they were a single joint notice.