Melbourne Incorporation Act 1842 No 14a (NSW)
No. VIL
An Act to incorporate the Inhabi tants of the
Town of Melbourne. [12th August, 1842.] WH E R E A S for the better protection care and management of the local interests of the Inhabitants of the Town of Melbourne and for the improvement thereof it is expedient that the Inhabitants of the said Town be incorporated Be it therefore enacted by His Excellency the Governor of New South Wales and its Dependencies with the advice of the Legislative Council thereof That from and after the passing of this Act the inhabitants of the said town and their successors inhabitants of the same shall be and they are hereby constituted a body corporate and politic by and under the name style and title of the " Mayor Aldermen Councillors and Burgesses of the Town of Melbourne" and under that name shall have perpetual succession and shall be capable in law by the Council hereinafter men tioned to sue and be sued and to implead and be impleaded in all Courts of Law and Equity and other places in all manner of actions causes and matters whatsoever and to accept take purchase and hold goods and chattels lands and tenements real and personal moveable and immoveable estates and to grant sell alienate assign demise and convey the same and to do and suffer all acts as a body corporate under and subject to the provisions and regulations of this Act and shall and may have a common seal and in all cases of legal proceed ings service of notice thereof upon either the Mayor or Town Clerk for the time being shall be deemed and taken as good and sufficient service upon the corporate body.
2. And be it enacted That the said town shall consist of the two portions of land which are defined in the Schedule to this Act annexed marked A.
3. And be it enacted That the said town shall be divided into four wards to be called respectively Gipps Ward Bourke Ward La Trobe Ward and Lonsdale Ward and that the said wards shall be those which are described in the Schedule to this Act annexed marked B.
4. Provided always and be it enacted That the boundaries of the said town and of the said several wards shall be and remain as they are hereby respectively fixed and determined until such time as the duly constituted legislative authority of the Colony shall otherwise direct.
5. And be it enacted That whenever in the description of the boundaries either of the whole town or of the wards thereof contained in the said Schedules A and B the word northward or southward eastward or westward be used such word shall only mean the general direction in which such boundary shall proceed and that whenever any street or road be mentioned the centre of such street or road shall always be meant unless otherwise expressed.
6. And be it enacted That whenever any doubt shall arise whether any house or other building be within one or any other ward of the said town it shall be competent for the Mayor and Council thereof to decide such doubt and such decision shall be final.
7. And be it enacted That no misnomer or inaccurate descrip tion contained in this Act shall in any wise prevent or abridge the operation of this Act with respect to the subject of such description provided the same shall be designated so as to be understood.
8. And whereas by an Act of the said Governor and Council
passed in the second year of the reign of Her present Majesty QueenVictoria
Victoria intituled " An Act for regulating the Police in the Towns of " Parramatta Windsor Maitland Pathurst and other Towns respectively " and for removing and preventing Nuisances and Obstructions and for " the better alignment of Streets therein" it is amongst other things enacted that in order to uphold the limits of the said towns the Police Magistrate of each town shall perambulate with proper assistants the said limits on some convenient day in Easter week in each and every year and whereas it is expedient to transfer the duties so imposed upon the Police Magistrate of the Town of Melbourne to the members of the body corporate established under the provisions of this Act Be it therefore enacted That so much of the said recited Act as relates to the perambulation of the boundaries of the Town of Melbourne shall be and the same is hereby repealed accordingly.
9. And whereas it is expedient that the metes and bounds of the said town and of the several wards into which the same is hereby directed to be divided be constantly maintained and generally known Be it enacted That the Mayor of the said town within six months after the first election of Mayor under this Act shall cause to be set up at the expense of the body corporate permanent and conspicuous boundary marks of iron wood stone or other durable material in exact conformity with or as near as circumstances will admit the respective metes and bounds of the said town and the several wards thereof and in the most public and convenient place along or near the line of such metes and bounds and further within the period of six calendar months after the expiration of every successive period of three years thereafter a circuit of perambulation of the metes and bounds of the said town and of the several wards into which the same is divided shall be made by the Mayor accompanied by the Town Clerk and the Town Clerk shall at the time of making such perambulation inquire whether the name or names whereby the same metes and bounds or any part thereof are or is described have or has been changed and by what name or description the same arc or is there commonly known and distin guished and if any change in the description thereof shall have taken place shall note the same in a book to be kept by him for that pur pose to be called the " Boundary Book" of the said town and the Mayor is hereby required in the event of any of the said boundary mark or marks as aforesaid being obliterated or defaced to cause the same to be renewed at the expense of the body corporate within three calendar months next after such perambulation as aforesaid.
| 10. And be it enacted That every Mayor or Town Clerk who and pay the sum of twenty pounds to be recovered by action in the | shall neglect to perform the duties hereinbefore prescribed shall forfeit |
| Supreme Court of the District of Port Phillip by any person AVIIO shall sue for the same one-half to be paid to the person who shall sue for the same and the other half after deducting the expenses of so suing to be ascertained by such Court to be paid to Her Majesty Her. Heirs and Successors for the public uses of the said Colony. |
11. And be it enacted That every person who shall wilfully or
maliciously pull down deface obliterate injure conceal or destroy any such boundary marks as aforesaid shall for every such offence forfeit and pay in addition to the value of such boundary mark or marks as aforesaid any sum not exceeding forty shillings to be recovered paid and levied according to the provisions of this Act relative to offences against the same punishable upon summary conviction.
12. And be it enacted That every male person of the full age of twenty-one years who on the day of the passing of this Act shall have occupied any house warehouse counting-house or shop of the annual value of twenty-five pounds within the said town during one whole year preceding such date and also during the time of such occu
pation
pation shall have been an inhabitant-householder within the said town or within seven miles of the same shall on being duly enrolled according to tbe provisions hereinafter contained be a burgess and member of the body corporate of the Mayor Aldermen Councillors and Burgesses of the said town and that every male person of the full age aforesaid who on the last day of August in any year after the incorporation of the said town shall have occupied any house warehouse counting-house or shop within the said town of the annual value of twenty-five pounds clear of all charges thereupon during the whole of one year preceding such date and also during the time of such occupation shall have been an inhabitant-householder within the said town or within seven miles thereof shall if duly enrolled in that year according to the pro visions hereinafter contained be a burgess of the said town and mem ber of the body corporate of the Mayor Aldermen Councillors and Burgesses of the same Provided always that no such person shall be so enrolled in any year unless he shall have paid on or before the last day of August as aforesaid all such rates including therein all town rates (if any) directed to be paid under the provisions of this Act as shall have become payable by him in respect of the said premises except such as shall become payable within six calendar months next before the said last day of August Provided also that the premises in respect of the occupation of which any person shall have been so rated need not be the same premises or in the same ward but may be different premises in the same ward or in different wards within the town Provided like wise that no person being an alien shall be so enrolled in any year and that no person shall be so enrolled in any year who within twelve calendar months before shall have received eleemosynary relief in or from any benevolent asylum or other charitable institution or who may have had any child admitted to any school or other establishment for orphan or destitute children in the said Colony or its Dependencies within the preceding three years Provided further that in every case under this Act the distance of seven miles aforesaid shall be computed by the nearest public road or way by land or water from the nearest part of the boundary of the town.
13. And be it enacted That where any premises as aforesaid in the said town- shall be jointly occupied by more persons than one as owners or tenants each of such joint occupiers shall subject to the conditions hereinbefore contained as to persons occupying premises within the said town be entitled to be enrolled as a burgess thereof or to vote as aforesaid in respect of the premises so jointly occupied
Provided that the value of such premises to be ascertained and
determined as aforesaid shall be of an amount which when divided by the number of such occupiers shall give for each occupier a sum not less than the sum which would entitle such person to be enrolled or to vote as aforesaid if he occupied separately but not otherwise.
14. And be it enacted That where any house warehouse counting-house or shop as aforesaid in the said town shall come to any person by descent marriage marriage-settlement or devise such person shall be entitled to reckon the occupancy and rating in respect of the occupancy thereof by the person from or by whom such house warehouse counting-house or shop shall have so come to him as his own occupancy and rating conjointly with the time during which he shall have since occupied and been rated for the same and shall be entitled to be enrolled a burgess and to vote as aforesaid in respect of such successive occupancy and rating provided he shall be otherwise qualified as herein provided and it shall not be necessary in support of the title of the person so to be enrolled or to vote as aforesaid to prove that he was an inhabitant-householder within the said town or within seven miles thereof or that he was an occupant or rated within
the
the same before the title to such house or other property as aforesaid shall have devolved upon him and the rating in the name of the person previously occupying shall be considered a sufficient rating of the person so entitled until a new rate shall be made subsequent to such devolution of title as aforesaid Provided always that the other person in respect of whose previous occupancy and rating he shall be so partially entitled shall have been enrolled a burgess or to vote as aforesaid at the time of such devolution of title as aforesaid
15. And be it enacted That on or before the last day of August in every year a person or persons to be called Collector or Collectors shall be appointed by the Mayor of the said town for each ward of the same and such Collector or Collectors shall on the fifth day of September in every year make out an alphabetical list to be called the Burgess List according to the form in the Schedule to this Act annexed marked C of all persons who shall be entitled to be enrolled in the Burgess Poll for that year according to the provisions of this Act in respect of property within such ward and in the event of any person being rated in any ward for property not sufficient of itself to constitute a qualification under this Act but which with the addition of property possessed by the same person and rated in a different ward may be sufficient to constitute a qualification every such person shall be placed on the Burgess List of the ward in which the larger portion of such property shall be situated and the Collector or Collectors so appointed shall sign such Burgess Lists and shall deliver the same to the Town Clerk of the said town on the said fifth day of September in every year and each Collector shall keep a true copy of the list so delivered by him to be perused by any person with out payment of any fee at all reasonable hours between the fifth and fifteenth day of September in every year and the ToAvn Clerk shall forthwith cause copies to be printed of all such lists delivered to him and shall deliver a copy of any such list to any person requiring the same on payment of a reasonable price for each copy and shall cause a copy of the Burgess List of each ward to be fixed on some public and conspicuous building within the ward on every day during the week next preceding the fifteenth day of September in each year.
16. And be it enacted That any person whose name shall have been omitted in any such Burgess List and who shall claim to have his name inserted therein shall on or before the fifteenth day of September in every year give notice thereof to the Town Clerk in writing according to the form in the Schedule to this Act annexed
| marked D or to the like effect and every person whose name shall | have been inserted in any Burgess List may object to any other person |
| as not being entitled to have his name retained in the Burgess List and any person so objecting shall on or before the fifteenth day of September in every year give to the Town Clerk and also to the person objected to or leave at the premises for which he shall appear to be rated in the Burgess List notice thereof in writing according to the form in the Schedule to this Act annexed marked E or to the like effect and the Town Clerk shall include the names of all persons so claiming to be inserted on the Burgess List in a list according to the form in the Schedule to this Act annexed marked P and shall include the names of all persons so objected to as not entitled to be retained on the Burgess List in a list according to the form in the Schedule to this Act annexed marked G and shall cause copies of such several lists to be fixed on the outer doors or walls of the said public or conspicuous buildings respectively within each ward during the eight days next preceding the first day of October in every year and the Town Clerk shall likewise keep a list of the names of all persons so claiming as aforesaid and also a list of the names of all persons so |
objected
objected to aforesaid to be perused by any person without payment of any fee at all reasonable hours during the eight days (Sunday excepted) next preceding the first day of October in every year and shall deliver a copy of each of such lists to any person requiring the same on payment of a sum not exceeding one shilling for each copy.
17. And be it enacted That an Alderman and two Assessors to be chosen as hereinafter mentioned in every year by the burgesses of every ward shall hold an open Court within each of such wards respectively for the purpose of revising the said Burgess Lists such revisions to take place at such time as the said Alderman and Assessors shall appoint between the first day of October inclusive and the fifteenth day of October inclusive in each and every year they having first given three clear days' notice of the holding of such Court such notice to be placed on the outer doors respectively of some public and conspicuous building within the said ward and the Town Clerk or person acting as such shall at the opening of the Court produce the said lists and a copy of the lists of the persons so claiming and of the persons so objected to made out in manner aforesaid and the Collectors of Bates under this Act shall attend the Court and shall answer upon oath all such questions as the Court may put to them or any of them touching any matter necessary for revising the Burgess Lists and the said Alderman shall insert in such lists the name of every person who shall be proved to the satisfaction of the Court to be entitled to be inserted therein according to the provisions of this Act and shall retain on the said lists the names of all persons to whom no objection shall have been duly made and shall also retain on the said lists the name of every person who shall have been objected to by any person unless the party so objecting shall appear by himself or by some one on his behalf in support of such objection and when the name of any person inserted in either of the said lists shall have been duly objected to and the person objecting shall appear by himself or by some one on his behalf in support of such objection the Court shall require proof of the qualification of the person so objected to and in case the qualification of such person shall not be proved to the satis faction of the Court the said Alderman shall expunge the name of every such person from the said lists and shall also expunge therefrom the name of every person who shall be proved to the Court to be dead or to have become disqualified or incapacitated and shall correct any mistake or supply any omission which shall be proved to the Court to have been made in any of the said lists in respect of the name or place
the local description of his property Provided always that no person's of abode of any person who shall be included therein or in respect of name shall be inserted by the said Alderman in any such lists or shall be expunged therefrom except in the case of death unless notice shall have been given as is hereinbefore required in each of the said cases.
18. And be it enacted That every Alderman holding any Court under this Act for the revision of the said lists shall have power to adjourn the same from time to time provided that no such adjourned Court shall be held beyond the said fifteenth day of October and the said Alderman shall have power to require any person having the custody of any book containing any rate made for the said town during that or the preceding year to produce the said book and allow the same to be inspected at any Court to be held for the revision of the Burgess Lists and the said Alderman shall have power to administer an oath or oaths as well to the Town Clerk and to the Collectors as to all persons claiming to be inserted in or making objection to the omission or insertion of any name in any of the said lists and to all persons objected to in any such lists and to all persons claiming to have any mistake in any of such lists corrected and to all witnesses who
may
may be tendered or examined on either side by which oath the person under examination shall be required to state the t ruth the whole t ruth and nothing but the t ru th relating to the matter in hand and the said Alderman and Assessors by the decision of the three or any two of them shall upon the hearing in open Court determine upon the validity of such claims and objections and the said Alderman shall in open Court write his initials against the names struck out or inserted and against any part of the said lists in which any mistakes shall have been corrected and shall sign his name to every page of the several lists so settled.
19. And be it enacted That every person authorized by law to make an affirmation instead of taking an oath shall make such affirma tion in every case in which by this Act an oath is required to be taken and if any person taking any oath required by this Act or making any affirmation instead of taking such oath shall wilfully swear or affirm falsely such person shall be deemed guilty of perjury and shall be punished accordingly.
20. And be it enacted That the Burgess Lists of each ward so revised and signed as last aforesaid shall be delivered by the said Alderman to the Town Clerk who shall keep the same and shall cause each of the said Burgess Lists to be fairly and truly copied into an alphabetical list in books to be by him provided for that purpose the Burgess List of each ward being kept separate with every name therein numbered beginning the numbers from the first name and continuing them in a regular series to the last name and shall cause such books to be completed on or before the twenty-second day of October in every year and shall deliver such books together with the lists at the expiration of his office to the person succeeding him in such office and every such book in which the said Burgess Lists shall have been copied shall be the Burgess Roll of the burgesses of the several wards of the town entitled to vote after the passing of this Act in the choice of the Councillors Assessors and Auditors of the said town as herein after mentioned at any election which may take place between the first day of November inclusive in the year wherein such Burgess List shall have been made and the first day of November in the succeeding year.
21. And be it enacted That the Town Clerk shall cause copies of the Burgess Roll in every year to be written or printed and shall deliver one copy of each list to the Alderman of each ward and further copies to all persons applying for the same on payment of a reasonable
| price for each copy and the amount received for such copies and for | copies of the Collector's Lists and of the lists of claims and objections |
| as aforesaid shall be paid over to the Treasurer of the said town and shall be applied by him in aid of the Town Fund hereinafter mentioned. | |
| 22. And be it enacted That the Council hereinafter mentioned shall take an account of the reasonable expenses incurred by the Collectors and Town Clerk in carrying into effect the several provisions of this Act so far as relates to the said lists and the revision and pub lication thereof and shall order their Treasurer to pay the same out of the said Town Fund. | |
| 23. And be it enacted That in every year at the times and in the manner hereinafter mentioned there shall be elected the number hereinafter mentioned of fit and proper persons who shall be called the Councillors of the said town and. the number hereinafter mentioned of tit and proper persons who shall be called the Aldermen of the said town and one fit and proper person who shall be called the Mayor of the said town and such Mayor Aldermen and Councillors for the time being shall be and be called the Council of the said town. |
24. And be it enacted That every burgess who shall be enrolled on the Burgess Boll for the time being shall be entitled to vote in the election of Councillors Auditors and Assessors hereinafter mentioned and no person who shall not be enrolled in such Burgess Boll for the time being shall have any voice or be entitled to vote in any such election.
25. And be it enacted That upon the first day of November next after the passing of this Act the burgesses so enrolled in every ward shall openly assemble and elect three persons qualified as hereinafter mentioned to be the Councillors of the said town.
26. And be it enacted That on the first day of November in every succeeding year one Councillor in each ward shall go out of office by rotation and that an election be held in each ward to supply his place Provided however that the Councillor so going out of office may be re-elected if still duly qualified.
27. And be it enacted That the Councillors first elected under the provisions of this Act in each ward shall go out of office in the following order that is to say the Councillor who was elected by the smallest number of votes shall be the first to go out of office the Coun cillor who was elected by the next smallest number of votes shall be the next to go out of office and so on and that afterwards the Council lor to go out of office shall always be the one who has been longest in office without re-election Provided however that no Councillor who may be elected to be an Alderman or Mayor shall be compelled to go out of office as Councillor earlier than is hereinafter provided.28. And be it enacted That the election of Councillors within each ward according to the provisions of this Act shall for the first time be held before the Alderman and Assessors for the time being of each ward except as herein is excepted and the voting at every such election shall commence at nine o'clock in the forenoon and shall finally close at four o'clock in the afternoon of the same day and shall be conducted in manner following that is to say every burgess entitled to vote in the election of Councillors may vote for any number of persons not exceeding the number of Councillors then to be chosen by delivering to the said Alderman and Assessors or other presiding officer as hereinafter mentioned a voting paper containing the Christian names and surnames of the persons for whom he votes with their respective places of abode and descriptions such paper being previously signed with the name of the burgess voting and with the name of the street lane or other place in which the property for which
he appears to be rated on the Burgess Boll is situated. 29. And be it enacted That at every election in any ward the Mayor if it shall appear to him expedient for taking the poll at such election may cause booths to be erected or rooms to be hired and used as such booths in one place or in several places within each ward as occasion may require and the same shall be so divided and allotted into compartments as to the Mayor shall seem most convenient and the Mayor shall appoint a clerk to take the poll at each compartment and shall cause to be affixed on the most conspicuous part of each of the said booths the names of the wards or parts of wards for which such booth is respectively allotted and no person shall be admitted to vote at any such election except at the booth allotted for the part wherein the house warehouse counting-house or shop occupied by him as described in the Burgess Boll may be but in case no booth shall happen to be provided for any particular part as aforesaid the votes of the persons voting in respect of property situate in any part so omitted may be taken at any of the said booths and public notice of the situation division and allotments of the different booths shall be given two days before the commencement of the poll by the Mayor
and
and in case the booths shall be situated in different places the Mayor may appoint as many persons to act as deputies for the Alderman and Assessors as may be necessary Provided always that no election shall be holden under this Act in any church chapel or other place of public worship.
30. And be it enacted That no inquiry shall be permitted at
any election as to the right of any person to vote as a burgess except only as follows that is to say that the Alderman or other presiding officer shall if required by two burgesses entitled to vote in the same ward put to any voter at the time of his delivering in his voting paper and not afterwards the following questions or any of them and no other—
P u t S T — A r c you the person whose name is signed as A B to the voting paper now delivered in by you ?
SECOND—Are you the person whose name appears as A B in the Burgess Boll now in force for this ward being registered therein as rated for property described to be situated in (Here specify the street described in the Burgess HolIJ ?
THIRD—Have you already voted at the present election ?
And no person required to answer any of the said questions shall be permitted or qualiiied to vote until he shall have answered the same and if any person shall wilfully make a false answer to any of the questions aforesaid he shall be deemed guilty of a misdemeanor and may be indicted and punished accordingly.
31. And be it enacted That the Alderman and Assessors shall
examine the voting papers so delivered as aforesaid for the purpose of ascertaining which of the several persons voted for are elected and so many of such persons being equal to the number of persons then to be chosen as shall have the greatest number of votes shall be deemed to be elected and in case of an equality in the number of votes for any two or more persons the Alderman and Assessors or any two of them shall name from amongst those persons for whom tbe number of votes shall be equal so many as shall be necessary to complete the requisite number of persons to be chosen and the Alderman shall cause the voting papers to be kept in the office of the Town Clerk during six calendar months at the least after every such election and the Town Clerk shall permit any burgess to inspect the voting papers of any year on payment of one shilling for every search and the Alderman shall publish a list of the names of the persons so elected not later than two of the clock in the afternoon of the day next but
| but one following the day of such election. |
32. And be it enacted That the Alderman and Assessors in
examining the voting papers as aforesaid shall i*eject none from mere want of form Provided that the name or designation of the party signing the paper and the names of the parties contained in it be intelligibly expressed and in a manner to be commonly understood.
33. And be it enacted That on the first day of March next
following after the first election of Councillors under this Act and on the first day of March in every year thereafter the burgesses of each ward shall elect from persons qualiiied to be Councillors two burgesses who shall be and be called the Assessors of such ward and every such Assessor shall continue in office one year and the election of such Assessors respectively shall be in the form and manner hereinbefore provided for the election of Councillors Provided that no burgess shall be eligible to be or be elected or qualified to act as Assessor as aforesaid who shall be of the Council or shall be the Town Clerk or the Treasurer of the Corporation.
34. And be it enacted That on the said first day of March in
every year after the passing of this Act the burgesses of the said
3 u—VOL. 2. town town shall elect two fit and proper persons qualified to be but not actually being of the Council to be the Auditors of the said town and the Auditors so elected shall hold office for one year but be capable of being re-elected if still duly qualified.
35. And be it enacted That if any extraordinary vacancy shall at any time occur in the office of Auditor by reason of death or other wise the Mayor of the said town shall appoint a day for the election of a person to supply the place of the Auditor so dying or vacating office within twenty-one days after the occurrence of such vacancy and shall cause an election of an Auditor to be held accordingly.
30. And be it enacted That in the election of Auditors the burgesses entitled to vote in each ward shall proceed as hereinbefore directed for the election of Councillors but the person or persons elected shall be he or they for whom there shall appear to be a majority of votes in the whole of the wards collectively and that the Mayor shall declare the result of every such election within two days after the holding thereof.37. And be it enacted That on the ninth day of November next following after the first election of Councillors under the provisions of this Act the Councillors so elected shall assemble at noon in some convenient building to be fixed by the Superintendent of the Port Phillip District or the Chief Officer of Government residing within such district the doors of the same being closed against all other persons and that then and there they shall elect out of their own body or from persons qualified to be Councillors four fit and proper persons to be Aldermen of the said town and of the four persons so elected two shall continue in office for six years and the other two for three years only.
38. And be it enacted That before proceeding to such election the Councillors present shall by the majority of their voices appoint one of their own body to preside at the said election and two others of their own body to be Scrutineers at the same and the person so chosen to preside shall first deposit in a box or urn to be provided for the purpose a list or voting paper signed by himself containing the names of the persons not more than four in number for whom he may vote and shall then receive from each Councillor present a similar list signed by the Councillor presenting it and deposit the same in the said box or urn and at the expiration of one hour from the time when the Presiding Officer deposited his paper or sooner if the whole of the Councillors for the town shall sooner have delivered their papers the
voting papers and declare the names of the four persons who shall have Presiding Officer and the Scrutineers shall examine the said lists or the majority of votes to be duly elected to be Aldermen which persons shall be the Aldermen of the town and in the event of their being any doubt whether any one or more person or persons be elected by reason of an equality of votes the said Presiding Officer and Scrutineers or any two of them shall decide which of the said persons shall be elected Provided however that if in any such voting paper any Coun cillor shall include his own name the same shall be struck out by the Scrutineers and if any Councillor shall include in his list more than four names his list or voting paper shall be set aside altogether.
30. And be it enacted That immediately after the election of Aldermen as aforesaid the Councillors present shall declare by the majority of their voices or by ballot in the method aforesaid if the same be called for by any five Councillors which of the four Aldermen so elected shall be the three to remain longest in office as hereinbefore provided.
40. And be it enacted That of the four Aldermen thus elected
each shall be Alderman of the ward in which he resides provided no
other
other of the four reside in the same ward hut if two or more he resident in the same ward the Alderman in whose favour there is a majority of votes shall he the Alderman of the ward wherein he resides and in the event of an equality of votes in favour of two or more Aldermen resident in the same ward then the majority of the Councillors present at the election shall decide which of the persons so resident in the ward shall he Alderman of the same and shall in cither case appoint the other Alderman or Aldermen to another or other wards.
41. And he it enacted That on the same day and at the same place the Aldermen and Councillors shall subsequently proceed to the election out of their own body of a Mayor and that the election shall be conducted in the same manner as hereinbefore prescribed for the election of Aldermen the same person still presiding Provided only that each person entitled to vote shall insert on his voting paper the name of one person only and that that name shall not be his own.
42. And be it enacted That on the ninth day of November in every succeeding third year one-half of the whole number of Aldermen of the town shall go out of office the Aldermen who go out; being always those (except as hereinbefore provided) who have been Aldermen for the longest time without re-election and the course of proceeding at every such subsequent election of Aldermen shall be the same as that which is hereinbefore described for the first election except in so far as it may be varied or altered by any bye-law of flic Council and except also that at every subsequent election of Aldermen the Mayor if present shall preside Provided however that any Alderman going out of office it' still duly qualified may be re-elected.
43. And be it enacted That in order to supply the places of the Aldermen who go out by rotation the whole Council shall on the said ninth day of November in each third year elect out of their own body or from persons qualified to be Councillors a number of persons to be Aldermen equal to the number of those who go out by rotation Provided however that no Alderman going out of office shall lie entitled to vote in the election of a new Alderman.
41-. And be it enacted That no Councillor elected to be an Alderman shall cease to be a Councillor during the term of his service as an Alderman nor until at the earliest the first day of November next following the day on which he shall have ceased to be an Alderman.
45. And be it enacted That whenever any extraordinary
vacancy shall take place in the office of Alderman the Council shall
| by the Mayor for such purpose elect some other fit and proper person | within ten days next after such vacancy shall occur on a day to be fixed |
| to fill such vacancy either from the Councillors or from the persons qualilied to be Councillors and every person so elected an Alderman to till an extraordinary vacancy shall hold such office until the time when the person in the room of whom he was chosen would have regularly gone out of office and he shall then go out of office but may be re-elected if then qualiiied as herein provided. | |
| 46. And be it enacted That the Mayor elected in the manner hereinbefore provided shall continue in office for one whole year and that on the ninth day of November in every succeeding year the Council shall elect out of the Aldermen or Councillors a fit and proper person to be the Mayor of the said town who shall continue in office for one whole year or until a successor shall be duly elected and enter upon office as hereinafter provided and in case a vacancy shall be occasioned in the office of Mayor during any year by reason of any person who shall have been elected to such office not accepting the same or by reason of his dying or ceasing to hold the said office the Council of the town shall within ten days next after such vacancy |
• elect elect out of the Aldermen or Councillors of the said town another fit and proper person to be Mayor thereof for the remainder of the then current year Provided however that nothing herein contained shall prevent the person filling the office of Mayor from being re-elected with his own consent.
47. And be it enacted That at all elections either of a Mayor or of Aldermen to be held subsequent to the first elections under this Act the course of proceeding shall be the same as is herein directed to be followed at the first elections except in so far as such course of proceeding may be modified or altered by any bye-law of the Council passed as hereinafter directed.
48. And be it enacted That the Mayor shall during the continuance of his office continue to be a member of the Council any thing herein contained as to Councillors or Aldermen going out of office to the contrary notwithstanding and that if he be an elected Councillor he shall not as such go out by rotation earlier than the first day of November next following after the day in which he may cease to be Mayor , Provided also that if he be an Alderman he may con tinue during his Mayoralty to preside at elections within his own ward.
49. And be it enacted That no person being in holy orders or being a regular minister of any religious congregation shall be qualified to be elected or to be a Councillor Alderman Auditor or Assessor under this Act nor shall any person be qualified to be elected or to be a Councillor or an Alderman of the said town who shall not be entitled to be on the Burgess List nor unless he shall be seized or possessed of real or personal estate or both to the amount of one thousand pounds either in his own right or in that of his wife or be rated upon the annual value of not less than fifty pounds nor during such time as he shall hold office or place of profit other than that of Mayor in the gift or disposal of the Council of the said town nor during such time as he shall have directly or indirectly by himself or his partner any share or interest in any contract or employment with by or on behalf of such Council Provided that no person shall be disqualified from being a Councillor Alderman Auditor or Assessor as aforesaid by reason of his being a proprietor or share holder of any company which shall contract with the Council of the said town for lighting or for supplying with water or insuring against fire any part of the said town Provided also that no person who mav under the provisions of this Act have been appointed or elected Asses
neither shall any Judge or Chairman or any officer or clerk of any sor for any ward shall whilst he continue to be such be elected a Councillor for the same or any other ward or Auditor of the Town Court of Justice nor any ministerial law officer of the Crown be capa ble of being elected an Alderman or Councillor under this Act.
50. And be it enacted That every burgess shall be entitled to vote in the election of the Councillors Auditors and Assessors to be chosen within that ward in which the property for which he shall be enrolled on the Burgess Roll for the time being shall appear to be situate and if any burgess shall be rated to the full amount required by this Act in respect of distinct premises in two or more wards he shall be entitled to vote in such one of the said wards as he shall select but not more than one and if any burgess not rated in any one ward to the full amount required by this Act shall nevertheless be rated in two or more wards in such manner that his whole rating shall collectively amount to the sum required such burgess shall be entitled to be enrolled for and to vote in the ward in which he may be rated to the highest amount or in case of his being rated to an equal amount in any two or more wards he shall be entitled to vote in the ward which he may select.
51. And be it enacted That if at any election of Councillors
any person shall be elected a Councillor or Assessor in more than one of the wards of the said town he shall within three days after notice thereof choose or in his default the Mayor shall declare for which one of the said wards such Councillor or Assessor shall serve and such person shall thereupon be held to be elected in that ward only which he shall so choose or which the Mayor shall so declare.
52. And be it enacted That if any extraordinary vacancy shall be occasioned in the office of Councillor or Assessor of any ward the burgesses entitled to vote shall upon a day to bo fixed by the Alderman of such ward such day not to be later than fourteen days from the occurrence of such vacancy elect from the persons qualified to be Councillors another burgess to supply such vacancy and such election shall be held and the voting and other proceedings in case of a contest shall be conducted in the same manner and subject to the same provisions as arc hereinbefore enacted with respect to the election of Councillors as aforesaid and every person so elected shall hold such office until the time at which the person in room of whom he was chosen would regularly have gone out of office and he shall then go out of office but shall be capable of immediate re-election if then qua lified as herein provided Provided always that after the full number of the Councillors to be regularly elected in any year shall have declared their acceptance of office no new election of Councillors shall be made by reason of such extraordinary vacancy unless the number of the whole Council Mayor and Aldermen included remaining after such vacancy shall be less than twelve in which case the number of Coun cillors for each ward shall lie completed.
53. And be it enacted That no person elected a Mayor or Alderman or Councillor or Auditor or Assessor under the provisions of this Act shall be capable of acting as such except in administering the declaration hereinafter contained until he shall have taken the oath of allegiance to Her Majesty Her Heirs and Successors and have made and subscribed the said declaration before any two or more such Aldermen or Councillors (who are hereby respectively authorized and required to administer the same oath and declaration to each other) such declaration being in the words or to the effect following that is to say—
" I A. B. having been elected Mayor (or Alderman or Coun-
" cillor or Auditor or Assessor) for the Town of Melbourne" do hereby declare that I take the said office upon myself
" ing to the best of my judgment and ability (and in case " and will duly and faithfully fulfil the duties thereofaccord- " of the party being qualified by estate say) and I do hereby " declare that I am seized or possessed of real or personal " estate for both as the case may be) in my own right or in " that of my wife to the amount of one thousand pounds " (as the case may require) over and above what will satisfy " my debts and that I have not fraudulently or collusivcly " obtained the same in order to qualify me for the office " to which I have been elected "
And that every person who shall have made and subscribed the fore going declaration in respect of estate shall once in every period of three years if required in writing so to do by any two members of the Council make and subscribe a declaration that he is qualified to the same amount in real or personal estate or both as the case may then be as the amount mentioned in the declaration originally made and subscribed by him.
51. And be it enacted That every person duly qualified who shall be duly elected to the office of Mayor Alderman Councillor Auditor or
Assessor
Assessor under the provisions of this Act shall accept such office to which he shall have been elected or shall in lieu thereof pay to the corporate body of the said town a fine of not less than twenty-five nor more than fifty pounds in the case of Alderman or Councillor or Auditor or Assessor and a fine of not less than fifty nor more than one hundred pounds in the case of Mayor as the Council of the said town by a resolution to be made in every such case shall determine and such fine if not duly paid shall be levied under the warrant of any Justice having jurisdiction within the said town (who is hereby required on the application of the Council to issue the same) by distress and sale of the goods and chattels of the person so refusing to accept office together with the reasonable costs and expenses of such distress and sale and every such person so elected shall accept such office by taking the oath of allegiance and making and subscribing the declara tion hereinbefore mentioned within five days after notice of his election to be served at his usual place of abode otherwise such person shall be liable to pay the said fine as for his non-acceptance of such office and such office shall thereupon be deemed to be vacant and shall be filled up by a fresh election to be made in the manner hereinbefore men tioned Provided always that no person disabled by lunacy or imbe cility of mind or by deafness blindness or other permanent infirmity of body shall be liable to such fine as aforesaid Provided also that every person so elected to any such office who shall be above the age of sixty-five years or who shall have already served such office (or paid the fine for not accepting such office) within the five years next before the day on which he shall be so re-elected shall be exempted from accepting the same office if he shall claim such exemption within five days after notice of his election Provided further that nothing in this Act contained shall extend to compel the acceptance of any office or duty whatever by any person holding any civil employment under the Government of this Colony or being a military naval marine commis sariat or ordnance officer on full pay either in Her Majesty's service or in that of the Honorable the East India Company.
55. And be it enacted That every person elected into any cor porate office may at any time resign such office on payment of the fine which he would have been liable to pay for non-acceptance of the same office or if he shall become entitled to claim exemption from payment of any such fine or from accepting or serving such office under any provision herein contained.
56. And be it enacted That if the Mayor or any Alderman or Assessor of the said town who shall be in office at the time herein
appointed in each year for the revision by them of the Burgess List
under this Act or for any election of Councillors Assessors or Auditors which he is required to conduct or declare shall neglect or refuse to revise such Burgess List or to conduct or declare such election as aforesaid every such Mayor Alderman or Assessor shall for every such offence forfeit and pay the sum of one hundred pounds and if any Collector appointed under the provisions of this Act shall neglect or refuse to make out sign and deliver such list as aforesaid or if the Town Clerk shall neglect ior refuse to receive print and publish such lists as aforesaid or if any such Collector or Town Clerk shall refuse to allow any such list to be perused by any person having right thereunto every such Collector and Town Clerk respectively for every such offence shall forfeit and pay the sum of fifty pounds and the said penalties hereby in such case imposed shall be recovered with full costs of suit by any person who shall sue for the same within three calendar months after the commission of such offence by action of debt or on the case in the Supreme Court of the District of Port Phillip and the money so recovered shall after payment of the costs
and
and expenses attending the recovery thereof be paid and apportioned as follows that is to say one moiety thereof to the person so suing and the other moiety thereof to the Treasurer to he appointed by virtue of this Act to he by him applied in aid of the Town Fund hereinafter mentioned.
57. Provided always and be it enacted That if any person hold ing the office of Mayor Alderman Councillor Auditor or Assessor under the provisions of this Act shall be declared bankrupt or shall apply to take the benefit of any Act for the relief of insolvent debtors or shall compound by deed with his creditors or being Mayor shall be absent for more than two calendar months or being an Alderman Councillor Auditor or Assessor shall be absent from the said town tor more than six calendar months at one and the same time (unless in case of illness) then and in every such case such person shall immediately become disqualified and shall cease to hold such office respectively and in the case of such absence shall bo liable to the same fine to be recovered in the same manner as if he had refused to accept the said office and the Council thereupon shall forthwith declare the said office to be vacant and shall specify the same by a notice in writing under the bands of three or more of them countersigned by the Town Clerk such notice to be affixed on some public place within the town and the said
office shall thereupon become vacant but every person so becoming
disqualified and ceasing to hold such office on account of his being declared a bankrupt or of his applying to take the benefit of any Act for the relief of insolvent debtors or having compounded with his creditors as aforesaid shall on obtaining his certificate or on payment of his debts in full be capable (if otherwise qualified) of being re-elected to such office and every person becoming disqualified to hold such office on account of absence as aforesaid shall on his return to the said town be capable of being re-elected to such office provided he shall then be otherwise qualified.
58. And be it enacted That if any person shall act as Mayor or Alderman or Councillor or Auditor or Assessor under the provisions of this Act without having made the declaration hereinbefore required in that behalf or without being duly qualified at the time of making such declaration or after he shall cease to be qualified according to the provisions of this Act or after he shall have become disqualified to hold any such office he shall for every such offence forfeit the sum of fifty pounds such sum to be recovered together with full costs of suit by
any person who shall sue for the same within three calendar months
after the commission of such offence by action of debt or on the case
in the Supreme Court of the District of Port Phillip and every person so sued by reason of not being so qualified in respect of estate or pro perty shall prove that he was at the time of so acting qualified as aforesaid or otherwise shall pay the said penalty without any further evidence being given than that he acted as the Mayor or as Alderman Councillor Auditor or Assessor under this Act as the case may be Provided always that it shall be lawful for any defendant by Judge's order to be obtained within fourteen days after he shall have been served with process in any such action to require the plaintiff to give security for costs and in such case all further proceedings in the said cause shall be stayed until the plaintiff shall give security to the satisfaction of the proper officer of the Court for the costs of such action in case a verdict shall pass for the defendant or the plaintiff shall become nonsuited or discontinue such action or if upon demurrer or otherwise judgment shall be given against the plaintiff and the defendant shall in either of such cases recover his full costs as between attorney and client Provided also that no such action shall be brought except by a burgess of the said town nor unless the burgess bringing
the
t h e same shall w i th in four teen days after t h e commission of t h e
offence have served a not ice in wr i t i ng personal ly u p o n t h e p a r t y commi t t i ng such offence of h i s i n t en t ion to b r i ng such act ion and in case t h e plaintiff in any such act ion shal l obta in a verdict t h e money so to be recovered shal l after p a y m e n t of t h e costs a n d expenses
a t t end ing t h e recovery thereof be pa id and appor t ioned as follows t h a t is t o say one moie ty thereof to t h e person so su ing a n d t h e o ther
moie ty thereof to t h e Treasurer to be appoin ted by v i r tue of th i s A c t to be by h i m applied in aid of t h e Town F u n d Provided fur ther that ' a l l acts a n d proceedings of any person in possession of t he office of M a y o r A l d e r m a n Council lor Aud i to r or Assessor and ac t ing as such
shal l no twi th s t and ing such disqualification or w a n t of qualification be as val id and effectual as if such person h a d been duly qualified.
59. A n d be i t enacted Tha t if any person w h o shal l have or
claim to have any r igh t t o vote in any election of M a y o r or A l d e r m a n or Council lor or Aud i to r or Assessor u n d e r th i s A c t shal l after t h e pass ing of th i s Ac t ask or t ake any money or o the r reward by way of gift loan or o ther device or agree or con t rac t for any money gift office employment or o the r reward whatsoever to give or to forbear to give his vote in any such election or if any person by himself or by any person employed by h i m shall by any gift or reward or by a n y promise ag reemen t or securi ty for any gift or r eward co r rup t or p rocure or offer to co r rup t or p rocure any person to give or to forbear to give his vote in any such election such person so offending in any of t h e cases aforesaid shal l for every such offence forfeit the s u m of fifty pounds of lawful money of Great Br i t a in to be recovered wi th full costs of su i t by any one who shal l sue for t he same by act ion of debt bill p la in t or in formation in t h e Supreme Cour t of t h e Dis t r ic t of P o r t Ph i l l ip and any person offending in any of t h e cases aforesaid be ing lawfully con victed thereof shal l for ever thereafter be disabled to vote in any elec t ion to be held u n d e r t he provisions of th i s Ac t or in any munic ipa l election whatsoever in any p a r t of t h e said Colony of N e w Soutb W a l e s and i ts Dependencies a n d also shall for ever be as incapable of ho ld ing exercis ing or enjoying any office or franchise which he t h e n shall be or a t any t i m e thereafter m a y become ent i t led to as a burgess
as if such person were n a t u r a l l y dead. GO. A n d be it enacted T h a t if any person offending in any of t h e cases last aforesaid shal l w i th in t h e space of twelve ca lendar m o n t h s nex t after such election as aforesaid discover any other person offending in any of t he cases aforesaid so t h a t such o the r person be
the reon convicted such person so discovering and no t hav ing been
before t ha t t ime convicted of any such offence shal l be indemnifieda n d discharged from all penal t ies a n d disablities which he t h e n shall
have incurred by any such offence.61. Provided always and be i t enacted Tha t no person shal l be made l iable to any incapaci ty disabil i ty forfeiture or pena l ty by th is Ac t imposed in any of t he cases aforesaid unless prosecut ion be commenced wi th in two years after such incapacity disabil i ty forfeiture or pena l ty shall be incur red any t h i n g here in contained to t h e con t ra ry no twi ths t and ing .
62. A n d be i t enacted T h a t t h e Mayor for t h e t ime being duly
elected unde r t h e provisions of th i s Ac t shal l be ex officio a Ju s t i ce of t h e Peace of and for t h e said town and after h a v i n g been duly sworn in as a Ju s t i ce it shal l and m a y be lawful for h im to act as such wi th in t h e l imits of t h e same du r ing his con t inuance in office and du r ing t h e
year immedia te ly succeeding t h a t in which he shall have held office
unless disqualified as aforesaid and t h a t such Mayor shall d u r i n g the period of his M a y o r a l t y have precedence in all munic ipa l proceedings
and in all magis te r ia l Cour ts w i th in t he said town and n e x t after t he
M e m b e r s
Member s of t h e Legislat ive Council on all o ther occasions and at all o ther places wi th in t he said town.
03 . A n d be it enacted Tha t from and after t he t e r m of two m o n t h s after t h e first election of a Mayor which shall t ake place u n d e r t he provisions of th is Ac t no Jus t i ce of t he Peace for t he Terr i tory of N e w Sou th W a l e s shall have jur isd ic t ion wi th in t he l imi ts of t he said
| t o w n unless specially empowered in m a n n e r hereinafter | provided. |
64. A n d be it enacted T h a t it shall be lawful for t he Governor of N e w South Wales for the t i m e being or person adminis te r ing t h e Gove rnmen t from t ime to t ime to assign to so m a n y persons as he shall t h i n k proper t he Commission of t he Peace to act as J ustiecs of t h e Peace in and for t he said town as well as for the adjoining coun ty or for any more or less extensive jur isdic t ion which the said Governor may deem it proper to confer.
65. A n d be it enacted Tha t t he Council of t he said town shall appoin t a fit and proper person not be ing a member of such Council to be t h e Town Clerk of t h e same who shall hold his office du r ing p leasure and such Town Clerk m a y be an A t to rney of t he Supreme Cour t of New South Wales or of the Dis t r ic t of P o r t Phi l l ip or of any of H e r Majes ty ' s superior Cour ts in Grea t Br i t a in or I r e l and and the said Counci l shal l in every year appoint another fit and proper person no t be ing a member of such Council to be t he Treasurer of t he said town or Corporat ion and shall also appoint a Surveyor of t he said town and such other officers as t hey shall t h i n k necessary for enab l ing t h e m to carry in to execut ion t h e various powers and duties vested in t h e m by v i r tue of th i s Act and may from t ime to t ime discont inue t h e appo in tmen t of such officers as shal l appear to t h e m not necessary to be re-appointed and shall t ake such securi ty for the due execut ion of his office by any such Town Clerk Treasurer or other officer as t he said Council shall t h i n k proper and in case of a vacancy in any such office as aforesaid by death res ignat ion removal or other wise t h e said Counci l may appoint ano ther fit and proper person in the place of t he person so m a k i n g such vacancy Provided t h a t the Town Clerk a n d Treasurer shall no t be one a n d the same person Provided also t h a t no macebearers or o ther officers merely for parade or SIIOAV shall be appointed.
100. A n d whereas cer ta in m a t t e r s are directed to be done
under t he provisions of th i s A c t on cer ta in days here in specified and whereas it m a y be impossible or inconvenient t h a t they should be done in t h e present year a t t he t imes so respectively fixed Be it therefore enacted Tha t it shall be lawful for H i s H o n o r t h e Super in tenden t or t he Chief Officer of the Government res iding wi th in t he Dis t r ic t of Por t Ph i l l ip for t he t ime be ing to fix t he same or some other more convenient t imes for t he performance of t h e several ma t t e r s hereby required to be done du r ing t h e present year provided t h a t notice thereof shall be previously given in one or more of t he publ ic news papers publ ished in t h e said distr ict and t h a t t h e same intervals of t ime between t h e performance of each pa r t i cu la r m a t t e r shall be allowed as are herein fixed and directed.
110. Provided always and be i t declared and enacted T h a t no th ing in th i s Act contained shall be deemed to affect or t o interfere wi th any r igh t t i t le or in te res t of H e r Majesty H e r He i r s and Successors or in any way to l imit t h e R o y a l Prerogat ive .
111 . A n d be i t enacted T h a t whenever in consequence of dea th
absence or any lawful imped imen t i t shal l no t be possible for any A l d e r m a n or for t h e Town Clerk or any o ther officer or person to perform any par t i cu la r m a t t e r or t h i n g which by this Act he is
directed to perform it shal l and m a y be lawful for t h e Mayor for t h e t i m e be ing to appoin t any o ther A l d e r m a n or person to perform the same and if by reason of death absence or any lawful impediment the Mayor shall be prevented from performing any m a t t e r or t h i n g which he m a y by the provisions of th i s Ac t be requi red to perform t h e Council may ei ther perform t h e same or by t h e majori ty of the i r voices appoint some other person to perform it.
112. A n d be it enacted T h a t whenever any m a t t e r or t h i n g
shall by th is Act be directed to be performed on a cer ta in day a n d t h a t day happen to be Sunday Good F r i d a y or Chr i s tmas Day t h e said m a t t e r or t h i n g shall be performed on t h e nex t succeeding day.
113. A n d be i t declared and enacted Tha t n o t h i n g here in
conta ined shall be construed to repeal a l ter or amend in any grea te r degree t h a n may be specially directed or au thor ized in th i s Ac t any of t h e provisions or enac tmen t s of t he following Acts passed by t h e Governor and Council of New South Wales to w i t — A n Ac t passed in t h e second year of t he re ign of H e r present Majesty Queen Victor ia
in t i tu led " An Act for regulating the Police in the Totem' of Parra- " matta Windsor Maitland Bathurst and other Towns respectively and "for removing and preventing Nuisances and, Obstructions and for the " better alignment of Streets therein " and an A c t passed in the
fifth year of t he re ign of H i s la te Majesty K i n g Wi l l i am t h e F o u r t h in t i tu led " An Act for regulating the slaughtering of Cattle " and an Ac t passed in t h e four th year of t h e re ign of H e r said presen t Majesty in t i tu led " An Act for the further and better regulation and " government of Seamen within the Colony of New South Wales and
" its Dependencies and for establishing a Water Police." 114. Provided always and be i t enacted Tha t wherever in th i s Act t he word " Governor " is used the same shall be held to mean t h e Governor or person adminis te r ing t he Government of the said Colony for t he t ime being.
th i s A c t shall a t any t ime be held or cons t rued to prevent t h e a l te ra t ion 115. A n d be it declared and enacted That n o t h i n g contained in or repeal of t he whole or any pa r t thereof whe ther such repeal or a l tera t ion shall affect t he franchises immuni t i s s or privileges of t h e corpora te body created t h e r e b y or otherwise.
S C H E D U L E S
R E F E R R E D
TO.
A.
T H E two fo l lowing port ions of hind v i z . — 1. T h e Par i sh of N o r t h Melbourne bounded on the north by a l ine bearing east " 4 0 cha ins b e i n g d i s tant one m i l e north from t h e centre of B a t m a n ' s H i l l e x t e n d i n g two m i l e s east to i ts north-cast corner on the east b y a l i n e bear ing south 1 1 0 chains on the south b y t h e Yarra Yarra River and on the wes t b y a l ine bear ing north 9 4 chains to i ts north
w e s t corner.
2. T h e S u b u r b of N e w t o w n o therwise ca l led " Col l ingwood" cons i s t ing of 8 2 0
acres C o u n t y of B o u r k e bounded on the south b y the parish boundary l ine of Melbourne b e i n g a l ine bear ing east 4 0 cha ins on the east b y a road of 1 cha in wide w h i c h separates i t from
suburban
| suburban a l l o tment s N o s . 5 2 C8 7 3 8 1 and 8 6 b e i n g a l ine bear ing north 8 0 | cha ins | on | the |
| north by a road of 1 chain wide w h i c h | separates i t from Crown land b e i n g a l ine bearing- |
| west 4 0 cha ins and on the west b y a road of 1 chain wide b e i n g a l ine bear ing south | 8 0 |
| chains . |
B .
T h e four W a r d s of the T o w n of Melbourne shal l be the four parts in to w h i c h the
| t o w n wi l l be d iv ided by the drawing of t h e | two | fo l lowing | l ines | in tersec t ing each other | at |
| r i g h t | angles v i z . — l i n e s | drawn a long the centres of the two streets | n a m e d | Bourke-s treet | and |
El i zabeth- s tree t and intersec t ing each other at the po ints where Bourke-s treet crosses E l i zabe th- s tree t and by the pro longat ions of the said l ines unt i l such prolonged l ines reach e i ther t h e boundaries of the town or the Yarra Yarra R i v e r and the said wards shal l re spec t ive ly be cal led the north-east or U i p p s W a r d the north-west or B o u r k e W a r d the south-eas t or La Trobe W a r d and the south-west or Lonsdale W a r d .
c.
THE L i s t of Burgesses in the W a r d in the Town of Melbourne .
| Christian Name and Sur | Street Lane or other place in this Ward |
Nature of the property
| name of eacli Person at | where the property is situated for |
rated.
| full length. | which he is now rated. |
Ashton John..................
Shop No. 23 Clarence-street
| Bates Thomas................ | House...................... | Brook's Farm. |
A . B. I
( S i g n e d ) Collectors of the Ward.
C. D.J D.
Notice of Claim.
| T o t h e T o w n Clerk of | Melbourne. |
I hereby g ive y o u not ice t h a t I c la im to have m y n a m e inserted in the Burgoss Lis t
| of the T o w n of Melbourne that I occupy (here describe | the house warehouse | counting-house |
| or shop then occupied | by claimant) | in the T o w n and that I have been rated in the |
| W a r d (here state the ward or sereral | wards | and the time during | which the claimant | has | been |
| •rated in each of them within the town necessary for his | qualification). |
Dated the day of in the year
( S i g n e d ) J O H N A L L E N of (place of abode). E .
Notice of Objection.
| To the T o w n Clerk of Melbourne (or the person | objected | to as the case may | be). |
I hereby g ive y o u not ice that T object to the n a m e of T h o m a s B a t e s of Brook's Farm
| in the | W a r d of the T o w n of Melbourne (describe | the person | objected | to | us |
| described | in the | Burgess | List) | b e i n g retained on the B u r g e s s L i s t of the Town of Melbourne |
D a t e d the day of in the year
( S i g n e d ) J O H N A S H T O N of (here stale the place of abode
and property for which he is said to be rated in the Burgess List).
3 z—VOL . 2. F . F.
List of Claimants.
T H E f o l lowing P e r s o n s c la im to have the ir names inserted on the B u r g e s s L i s t of the Town
of Melbourne .
Christian Name and Nature of the pro Situation of the pro Ward (or Wards) in which he Surname of each perty for which he perty for which he has been rated as stated in Claimant. is now rated. is now rated. the claim.
Allen John............ House.................
No. 17 King-street. . Rated in the last year in the
Ward (or Wards) and in
the whole of the preceding
year in the Ward (or
Wards).
( S i g n e d ) A . B . Town Clerk. G.
List of Persons objected to.
T H E fo l lowing Persons have been objected to as not be ing en t i t l ed to have their names
re ta ined on the B u r g e s s L i s t of the T o w n of Melbourne .
Situation of the pro Ward (or Wards) in which is
Christian Xame and Nature of the pro- perty for which he the property for which he is Surname of each pcrtyfor which he is said to be now- now said to be rated in the Person objected to. is now rated. rated in the Col lector's List. Collector's List.
House................ Brook's Farm......
Bates Thomas Ward.
( S i g n e d ) A. B . Town Clerk.
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