No. XVII.
An Act to explain and amend the Acts relat ing to the Corporation of the Town of Melbourne. [31st August, 1847.]
| WH E R E A S | Council of N e w South W a l e s in t he s ix th year of t h e re ign of |
| an Ac t was passed b y t h e Governor a n d | Legis la t ive |
| H e r present Majesty Queen Victor ia in t i tu led " An | Act | to | incorporate |
| the Inhabitants | of the Town of Melbourne" | A n d whereas t h e said |
| rec i ted A c t was amended by an A c t | passed in t h e e igh th | year of | t h e |
| re ign of H e r p resen t Majesty | in t i tu led " An | Act | to amend | an | Act |
| " passed in the sixth year of the reign of Tier present Majesty | intituled |
| " 'An Act to incorporate | the Inhabitants | of the Town of Melbourne' | " |
| A n d whereas a cer ta in other A c t was passed by t h e Governor | and |
| Legis la t ive Council of N e w | South W a l e s in t he th i rd year of t h e | re ign |
of H e r p resen t Majesty in t i tu led "An Act to authorize the establishment " of Markets in certain Towns in the Colony of New South Wales and for " the appointment of Commissioners to manage the same " A n d whereas
| a cer ta in o ther Ac t was passed in the second year of t h e reign of | H e r |
| presen t Majesty Queen Victoria in t i tu led " An Act for regulating | the |
| " Police in the Towns of Parramatta | Windsor | Maitland | liathurst | and |
| " other Towns respectively | and for removing and preventing | Nuisances |
| " and Obstructions | and for the better alignment | of Streets therein" | A n d |
whereas i t is expedient to expla in and further amend the said recited Acts Be i t therefore enacted by H i s Excellency t h e Governor of New
| South W a l e s w i t h | t h e advice and consent of t he | Legislat ive Council |
| thereof Tha t every Council lor elected to be an A l d e r m a n shall | con |
t i n u e to be a m e m b e r of t h e Council of t he said town u n t i l t he first day of November nex t following t h e day on which he shall have ceased to be an A l d e r m a n a n y t h i n g in t he said secondly reci ted Act to t h e cont rary no twi ths t and ing Provided always t h a t n o t h i n g here in conta ined shall be t aken to repeal or a l ter the provision in the said secondly reci ted A c t contained as to any Councillor elected to be an
| A l d e r m a n thereby vacat ing his seat as an elected | Council lor. |
2. A n d be it enacted T h a t from and after the pass ing of this A c t all elections of Council lors or Assessors shal l be conducted in m a n n e r following t h a t is to say t he A lde rman of t h e ward for which such election is to be held or o ther person duly appointed shall preside at a mee t ing of t h e burgesses of t he ward to be holden at noon on the day of election in some publ ic place wi th in t h e wa rd of which at least t h r ee days ' notice shall be given by adver t i sement in one or more; of t he newspapers publ ished wi th in the said town and if the re be a t such mee t ing no more candidates nomina ted t h a n the n u m b e r of Council lors or Assessors as the case m a y be t hen to be elected t he A l d e r m a n or o the r pres id ing officer shall declare such candida te or candidates to be duly elected and in t he event of there be ing more candidates t h a n the n u m b e r to be elected t he A l d e r m a n or other pres id ing officer shall call for a show of hands separately in favor of each candidate and shall after such show of hands declare therefrom on w h o m the election has fallen and shall m a k e his r e tu rn accordingly unless a poll be demanded by one of t he candidates or by not less t h a n six burgesses of such ward on his behalf and on such demand being m a d e for a poll t he pol l ing shal l t ake place on t h e day n e x t b u t one following in m a n n e r directed by t h e said first reci ted Ac t .
3. A n d be it enacted Tha t all elections of Aud i to r s for the town shal l be in the form and m a n n e r hereinbefore provided for t h e election of Counci l lors or Assessors except ing t h a t the Mayor or o ther person duly appoin ted shall preside a t a meet ing of t h e burgesses of t he town held for t h e purpose of t he nomina t ion of candidates and t h a t in the event of t h e election being contested notice thereof shal l on t he same day be given to the A lde rmen of t he several wards who shall hold the i r respect ive Cour t s for t he election of such Aud i to r s on t he day next hut
3 . A n d whereas in pu r suance of t h e provisions of a cer ta in bye-
law made and passed by the Counci l of t he said town on or about the s ix teenth day of September in t he year of our Lord one thousand e ight h u n d r e d and for ty- three in t i tu led "A Bye-law for regulating the " proceedings at future elections of Councillors Auditors or Assessors'' sundry elections to t h e respective offices of Council lor Aud i to r and Assessor have from t i m e to t ime been held and de termined wi thou t t he t a k i n g of a poll t he rea t and doubts have arisen as to t he val idi ty of such elections B e i t declared and enacted T h a t all elections heretofore held and determined in pu r suance of the provisions of t h e said bye- law shall be t aken to have been and be as valid and effectual as if the same had been duly held and decided according to the provisions of t h e A c t hereinbefore firstly reci ted and no act or proceeding of any p a r t y so elected shall be held to have been or be invalid or ineffectual on account of any such informal election nor shall the said Corpora t ion be t a k e n to have been or be dissolved the reby nor in any other m a n n e r or way damnified or incapaci ta ted as a body corporate .
5. A n d for the more easy and effectual recovery of ra tes
ordered by the Counci l of the said town Be it enacted Tha t so m u c h
of
| of t h e said Ac t secondly reci ted as provides t h a t in any case in | which |
such clear a n n u a l va lue shal l he unde r twen ty pounds such assess m e n t s or ra tes shal l he paid by the owner or owners or propr ie tor or propr ie tors thereof and no t by t h e t e n a n t or t enan t s shall be and t h e same is hereby repealed and in l ieu thereof t h a t except as here in provided t h e occupier of any house or o ther p roper ty or person in possession a t t h e t ime when such ra tes shal l be demanded or (in case of a change in such possession in t he mean t ime) t h e person occupying t h e premises w h e n the war ran t of distress shall be executed shall be deemed to be and be t h e person pr imar i ly l iable to t he paymen t of ra tes unde r t h e said reci ted Acts in respect of any house or o ther p roper ty assessed and in case t he premises shall be vacan t for a per iod less t h a n six m o n t h s and the re shall not be sufficient distress found there in
| t h e n the propr ie tor or landlord shal l be liable | Provided t h a t | in |
| all cases where any t e n a n t shal l be called on to pay any r a t e | where |
t h e a n n u a l value of t he t enement assessed or ra ted shall be unde r twen ty pounds and shall accordingly pay t h e same or where t h e t enan t of premises assessed or r a t ed to t h e a n n u a l va lue of twen ty pounds or upwards shal l be called upon to pay and shall accordingly pay a g rea te r a m o u n t of ra te t h a n shall have become due du r ing his t e r m of occupancy
| t h e n and in every such case i t shal l be lawful for t h e said t enan t | t o |
deduct t he a m o u n t of r a t e so paid from any ren t which he may t h e n owe to his landlord or from t h e accru ing of any fu ture r en t or to recover t h e same after demand by any act ion for money paid to such
| land lord ' s use in any Cour t of competent | jur isdic t ion. |
6. A n d be it enacted T h a t so m u c h of t h e said secondly reci ted
Ac t as provides t h a t no th ing the re in contained shal l be cons t rued to au thor ize t he Counci l of t h e said town by any bye-law to impose a n y license upon any person sell ing or offering to sell any fish fruit wa te r fuel vegetables mi lk or v ic tuals of any descript ion in any street ward or place wi th in t h e l imits of t he said town or upon the ac tua l m a k e r or t h e chi ldren apprent ices agen t s or servants of and residing wi th t h e m a k e r of any goods selling or offering to sell t h e same in any such ward s treet or place as aforesaid or to prevent t h e sale wi thou t such l icense or fee of any goods wha tever in any m a r k e t or fair legally established in t h e said Colony or in any house or shop occupied by t h e person so sel l ing or offering to sell t h e same shall be and t h e same is
| he reby | repealed.
7. A n d be it enac ted Tha t if any person who shall have become |
| liable unde r t he said first reci ted A c t to any fine or penal ty by reason | of non-acceptance res ignat ion or vacat ion by absence of any corporate |
| office shal l neglect to pay such fine or pena l ty in to t he h a n d s of t he Treasure r of t h e said t o w n or corpora t ion wi th in such t ime not exceed ing th ree calendar m o n t h s as shall be fixed by the said Council t h e n and in every such case i t shal l be lawful for the said Treasurer and he is hereby requ i red u n d e r a pena l ty of fifty pounds in case he neglect or refuse to do so to m a k e immedia te appl icat ion to t he Mayor or some J u s t i c e of t h e Peace hav ing jur isd ic t ion wi th in the said town to have such fine or pena l ty levied u n d e r t h e w a r r a n t of such Mayor or J u s t i c e (who is hereby requi red on the appl icat ion of such Treasurer t o issue t h e same) by distress and sale of t he goods a n d chat te ls of t h e persons so liable to such fine or pena l ty as aforesaid toge ther with t h e reasonable costs and expenses of such distress and sale Provided t h a t it shal l be lawful for t h e said Counci l at the i r discret ion to fix t he a m o u n t of any such pena l ty a t any sum not exceeding fifty pounds in t h e case of A l d e r m a n Council lor Aud i to r or Assessor and in the case of M a y o r at any s u m |
| no t | exceeding | one | h u n d r e d | pounds a n y t h i n g in t he said | first | reci ted | |
| Ac t | to | t h e | con t ra ry | no twi ths tand ing . | |
8. A n d whereas i t is expedient to define t he powers of t he Counci l of t h e said t o w n wi th regard to t h e m a k i n g of bye-laws Be it declared and enacted T h a t it shal l be competent for t h e Council of t h e said town to fix b y any bye-law such pena l ty or penal t ies w h e t h e r iixed or var iable as to t h e m shall seem meet for the enforcement of t h e provis ions thereof Provided always t h a t no f i n e appoin ted by any such bye-law shall exceed ten pounds and t h a t no bye-law heretofore m a d e by t h e Council of t h e said t o w n shall be inval id or inopera t ive on account of any var iable line or pena l ty prescribed thereby b u t shall in regard to such var iable fine or pena l ty be t aken to have been and be as val id and operative as if such bye-law had been m a d e and passed
| after t h e pass ing of | th i s Act . |
| 9. A n d be i t enacted Tha t all penal t ies lines and | forfeitures |
inflieted or imposed wi th in t h e said t o w n unde r t h e provisions of th i s or t h e said recited Acts or by or u n d e r any ru le order or bye-law made in p u r s u a n c e thereof shall (except only such moiety thereof if any as is t he re in specially directed to be given to the informer) be paid over to t he Treasurer of the said town for t he local improvement and benefit thereof Provided always tha t it shall be lawful for t h e Governor of t h e Colony for t he t ime be ing to pa rdon any offender and to r emi t the whole or any par t of any such fine or forfeiture as t h e jus t ice of
| each pa r t i cu la r case may seem to | require . |
10. A n d be it enac ted Tha t whenever it shall become necessary to give evidence as to t h e existence of any of the bye-laws of t he said Counci l in any Cour t of Law or E q u i t y or before any J u s t i c e of the Peace in Sessions or otherwise t h e same may and shall be proved by the p roduc t ion of a copy of such bye-law sealed wi th t he common seal of t h e said Corporat ion such copy hav ing appended the re to a declara- t ion made before t he Mayor for t h e t ime being and signed by t h e pa r ty who held t h e office of Town Clerk a t t h e t ime when such bye-law came in to force test ifying as to t h e correctness of t he copy so tendered in evidence and t h a t t he or iginal bye-law was duly made by the said Council and t h a t all t he other requ i rements of t h e ninety-first section of t he said first recited A c t were complied wi th in reference there to .
| 1 1 . | A n d whereas i t is expedient t h a t a cat t le m a r k e t | should | be |
established wi th in t he said town Be i t enac ted Tha t from and after t he pass ing of th i s A c t t he por t ion of land s i tua te w i th in t he said town and k n o w n as t he ca t t le m a r k e t reserve or g r a n t shall be t h e only place w i th in t h e said town (except as hereinafter provided) where any
m a r k e t for t h e sale of any horse m a r e gelding foal ass m u l e or any
nea t ca t t le or any sheep l amb pig or goat shall be held or kep t and if
any person shal l sell or expose for sale (except as hereinafter provided) any horse m a r e gelding ass m u l e or any nea t cat t le or any sheep l a m b pig or goat in any place or places wi th in t h e said town other t h a n the said cat t le m a r k e t reserve or g ran t every such person shall upon con vict ion of such offence before any one or more of t h e Jus t i ces of the Peace for t h e said town forfeit and pay for every such animal so sold or exposed for sale any s u m not exceeding five shil l ings Provided tha t no th ing herein conta ined shall be t aken to prevent any person from selling or exposing for sale by pr iva te contract any horse m a r e gelding
| ass or m u l e in any pr iva te s table or ya rd wi th in t h e said | town. |
12. A n d be it enacted Tha t the Council of t h e said town shall
possess and enjoy wi th respect to t he said cat t le m a r k e t all t h e powers
of legislat ion by bye-law and all t he author i t ies dut ies and i m m u
| ni t ies which they now possess w i t h | respect to t he other | m a r k e t s |
| establ ished w i th in t he | said t o w n in | v i r tue | of t he said Ac t here inbe |
| fore; t h i rd ly reci ted and in v i r tue of | t h e | Ac t | passed in t he s ix th year |
| of t h e reign of H e r p resen t Majesty in t i tu led "An | Act | to | remove |
| "doubts | in respect to the exercise of certain powers by the | Councils |
"of
| " of the City of Sydney and Town of Melbourne | and to declare | the |
| " competency of Witnesses | and the jurisdiction | of Magistrates | in certain |
| " cases within the same." |
| 13 . | A n d be it enacted | T h a t tolls or m a r k e t dues n o t exceeding |
| t h e following tol ls or ma rke t | dues shall be demanded paid a n d t aken |
a t the said ca t t le m a r k e t for all stock sold or exposed for sale t h e r e i n t h a t is t o say for every horse m a r e gelding foal ass or m u l e t h e sum of one shi l l ing for every head of nea t cat t le t he s u m of sixpence and for every sheep l a m b p ig or goat t h e s u m of one p e n n y Provided t h a t t h e said Council shall have t h e power from t i m e to t ime to lower t he said
| tolls or m a r k e t | dues. |
| 14. A n d whereas i t is expedient to au thor ize t h e loan to | t h e |
said Counci l of cer ta in sums of money by t h e Savings ' B a n k of N e w Sou th Wales Be i t therefore enacted T h a t i t shall be lawful for t h e Counci l of t h e said town to borrow in aid of t h e Town F u n d by way of mor tgage of t h e Vice Pres ident and Trus tees of t he Savings ' Bank of N e w South W a l e s any s u m or sums of money not exceeding the s u m of six t housand pounds in t h e whole as in the i r discret ion t hey shall t h i n k fit and it shall and may be lawful for t h e said Vice Pres ident and Trus tees of t h e Savings ' B a n k of N e w South W a l e s to lend t h e same in the i r discret ion Prov ided tha t t he s u m or sums so len t shall be secured as a first charge or charges upon t h e en t i re revenues of t he said Corporat ion from whatsoever source ar is ing and t h a t t he in teres t payable the reon shall be a t a r a t e not exceeding six pounds for every one h u n d r e d pounds pe r a n n u m and shal l be pa id half-yearly in Sydney from t h e t ime of such loan m a d e and the said pr inc ipa l s u m shal l be covenanted to be repaid toge ther wi th all in teres t and charges accru ing the reon and shall be and be made recoverable wi th in a period no t exceeding six years from t h e da te of such loan.
15 . A n d be if enacted T h a t i t shal l no t be necessary for t he said
| Savings ' B a n k to see to t h e appl icat ion of t h e said loan and | t h e |
| corporate seal of t he said Corpora t ion w h e n affixed | to | t he | i n s t r u m e n t |
of m o r t g a g e such m o r t g a g e be ing signed by t h e Mayor and counter signed by t h e Town Clerk for t h e t ime be ing shal l be conclusive and b ind ing u p o n t h e said Corpora t ion as to t he powers t e rms t i m e or t imes
| of r e p a y m e n t covenants provisoes a n d agreements of and | to be | con |
| ta ined | in | t h e | said | i n s t r u m e n t | of | m o r t g a g e | a n d | any | i n s t r u m e n t s |
| auxi l ia ry the re to and for all i n t en t s a n d purposes | whatsoever . |
| 16. W h e r e a s by sund ry sections of t he said first reci ted | Ac t |
| special modes of p rocedure are provided for t he recovery of cer ta in |
| fines penal t ies and forfeitures and doubts | h a v i n g ar isen whe the r | such |
| provisions | arc no t interfered | w i t h | or | a l tered | b y | t h e | one | h u n d r e d t h |
section of t h e said Ac t Be it enacted T h a t n o t h i n g in t he one h u n d r e d t h section of t he said first reci ted Ac t contained shal l be t aken to interfere w i t h or a l ter t he special modes of p rocedure for t he recovery of cer ta in fines penal t ies and forfeitures the re in by previous clauses provided no r shall a n y t h i n g in such one h u n d r e d t h clause conta ined be in te rp re ted or t a k e n to r ende r a demand for any such fine pena l ty or forfeiture necessary previous to t he issue of s u m m o n s for t h e recovery of t he same.
| 17. A n d be i t enacted | Tha t in case any person whose n a m e |
may have been omi t t ed a t t he revision of t he Burgess Ro l l shal l apply for a m a n d a m u s for t he inser t ion of his n a m e in such rol l t h e n it shal l be lawful for t he J u d g e by whom the case is decided to m a k e such order wi th regard to t h e costs of t he appel lan t a n d respondent or e i ther or both of t h e m as to h i m t h e said J u d g e on i nqu i ry in to t he case m a y seem meet and it shall also be lawful for t h e said J u d g e to order t h e costs as aforesaid to be pa id by t h e A l d e r m a n and one or bo th of t h e Assessors or by bo th Assessors only.
18. A n d be i t enacted Tha t so m u c h of an Ac t passed in t he
| second year of t he re ign of H e r present Majesty in t i tu led " An | Act |
| "for | regulating | the Police | in the Towns | of Parrainatta | Windsor |
| " Maitland | Bathurst | and other Towns respectively | and for | removing |