Metropolitan Fish Market Act of 1905 (5 Edw VII No. 30) (Qld)

LOCAL GOVERNMENT. 9011 5 EDW. VII. No. 30, 190~ Metropolitan Fish Market ..dct. 30. Prohibiting or regulating by permit the passage of advertising Advertising vans and men carr.ying advertisements and placards upon any road, and vans, &c. the throwing or distributing of handbills or other printed matter in or upon any such road. 31. Licensing, regulating, or restricting the use and management of Hand carts. hand carts upon any road. 32. Regulating and if necessary restricting exceptional traffic on Exceptional 1'0ads, and prescribing payments in respect of such traffic, or requiring traffic. the issue of permits in respect of the same. 33. Regulating and if necessary restricting the carrying on vehicles, Timber, &c.,. upon any road, of long, large, heavy, or projecting goods, or requiring on vehicles. the issue of permits in respect of the same. 34. Prohibiting or restricting the breaking-in of horses either by Hors~- leading, riding, or driving in or upon any road. breakmg. 35. Regulating and prescribing the route of funeral processions, Processions. and prohibiting or regulating by permit and prescribing the route of processions generally. 36. Prohibiting or regulating the holding of meetings, or the use Mee~ ings, of musical instruments, upon any road. musIC. 37. Prohibiting or regulating and licensing the setting up and use Stalls, &c. of coffee stalls, and vehicles, stalb, or stands for the sale of goods or for the pursuit of any business, calling, or employment, and the itinerant vending of goods in or upon any road. 38. Regulating the mode of application for licenses, permits, and Applications,. :registrations; the manner and form in which licenses, permits, and ~ c. , for registrations shall be granted or transferred 1 and the duration and licenses. renewal of licenses, permits, and registrations. 39. Prescribing any conditions upon which licenses, permits, and Conditions of registrations may be granted, transferred, suspended, or revoked. licenses. 40. Prescribing fees for licenses, permits, and registrations, and for Fees. the renewal thereof; the fees payable annually in respect of the vehicles -and persons hereunder mentioned in pursuance of any Regulation shall not exceed the sums respectively set against them, namely :- Omnibus or other vehicle used as such ... £3 0 0 Cab 1 10 0 Van, dray, or wagon 0 10 0 Driver, motorman, or conductor 0 5 0 Provided that no licensee who drives his own licensed vehicle shall be required to obtain a license as a driver or pay any fee in respect to a driver's license. An Act to Provide for the Establishment, Main- 5 Edw. VII. tenance, and Regulation of a Fish Market TH: ~~ ~ Ro- in the Metropolitan Area. POL~ ! ~ Ki; SH [ ASSENTED TO 20TH DECEMBER, 1905.] ~ m~ B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ;- 1. This Act may be cited as "The Metropolitan Fi8~ Short title. Market Act of 1905."

~ 12 LOCAL GOVERNMENT. Metropolitan Fish Market Act. 5 EDW. VII. No. 30, t I i n o t n e . rpreta. the f 2 ol . loIwninthgisteArmcts, uhnalevses tthhee cmoenatnexintgosthseertwaigseaiinnsdtictahteems; respectively, that is to say:- " Board "-The M etropolitan Fish Market Board constituted under this Act; "By-laws"-By-laws made under this Act; "Chairman"-The chairman of the Board: the term, when necessary, includes the deputy chairman; "District"-The Metropolitan Fish Market Dis- trict; "Fish"-Al1 manner of freshwater or saltwater fish: the term includes prawns, crawfish, and crabs, but does not include oysters or preserved or salted fish; ,c Market"-The fish market established under this Act and any branch market so established, and all lands, improvements, and works provided or used for or in connection with the market or any branch market; "Market Fund"-The Metropolitan Fish Market Fund constituted under this Act; " Local Authority"-The Council of any City, Town, or Shire comprised wholly or partly 'within the District; " Local Authorities Act"-" The Local Authoritie8 Act of 1902"· and any Act amending or in substitution for that Act; "Member"-A Member of the Board; " Minister"-The Treasurer or other Minister of the Crown charged for the time being with the administration of this A.ct ; " Secretary"-The secretary of the Board or other officer for the time being authorised to perform his duties; "This Act"-This Act and all Orders in Council, Regulations, and By-laws made thereunder. District to 3. This Act shall apply to and be in force in a District . " . W Ac h t icahppthliiess. comprising the Areas and Divisions hereunder mentioned 2 Edw. VII. No. 19, 8wpra, page 8355.

LOCAL GOVERNMENT. 9013 1905. Metropolitan Fish Market Act. as constituted for the time being under and for the pur- poses of the Local Authorities Act, namely:- City of- Shire of- Hrisbane, Balmoral, Divisions South Brisbane. 1 and 2 only, Town of- Coorparoo, Hamilton, Stephens, and Ithaca, Taringa : Toowong, Windsor. Provided that the Governor in Council may from time to time, by Order in Council publishE-d in the Gazette, alter the boundaries of the said District. The said District shall be known for all the purposes .of this Act as "The Metropolitan Fish Market District." 4. (1.) For the effective establishment, maintenance, The :and • re : g -- ulation of the market • there shall be a Board ' F ~e is t h ro M po a l r i k t e a t n ,eonslstmg of five persons, WhICh shall be called "The Board. Metropolitan Fish Market Board," and shall be constituted in manner following, namely:- Between the first and thirty-first days of March in every alternate year- (i.) The Council of the City of Brisbane shall elect two members; (iL) The Council of the City of South Brisbane shall elect one member; (iii.) The Councils of the Towns of Ithac31, Toowong, and Windsor and of the Shire of Taringa shall elect one member; (iv.) The Councils of the Town of Hamilton and of the Shires of Balmoral, Coorparoo, and Stephens shall elect one member: Provided that the first elected members shall be elected within three months after the passing of this Act on a date -to be fixed by the Governor in Council, and shall hold -office until the date of the next biennial election. Any person who, under the Local Authorities Act, is a ratepayer of anyArea comprised wholly or partly within -the District shall be eligible to be elected or re-elected a member by any Local Authority or group of Local Autnorities. With respect to the election of members by the two last-mentioned groups of Local Authorities, the rules set forth in the first part of the Schedule to this Act shall be [Schedule, applicable and shall be observed. Part 1.]

9014 LOCAL GOVER~MENT. Metropolitan Fish Ma1'ket Act. 5 EDW. VU. No. 30, 'l'he names of the elected members shall forthwith be reported to the Minister respectively by the clerks of the cities of Brisbane and South Brisbane and the returning officers who have conducted elections for the said groups of Local Authorities which have elected members. Vacation of office. (2.) If a member fails to attend three or more con- secutive meetings of the Board extending over a period of not less than three months without leave of absence· Casual vacancies. obtained from the Board, he shall cease to be a member. (3.) If at any time a vacancy in the Board is caused by death, resignation, or otherwise, such vacancy shall be filled as soon as may be in manner hereinbefore provided by the election of another member, who shall hold office until the date when the member whose place he fills would have gone out of office in the ordinary course. Felaeicltu.re to for a ( n 4 y .) e I l f ecwtiiotnhinanfoiunrstueeffnicideanyts nfurommbethr eotfimme eamppboerins teids elected, the Governor in Council shall appoint some fit and proper person or persons to be a member or members, and he or they shall be deemed to have been elected by the Local Authority or Local Authorities failing to elect. Date of (5.) The Governor in Council shall cause the names constitution. of the first members to be published in the Gazette, and thereupon the Metropolitan Fish Market Board shall be deemed to be duly constituted. Corporation. 5. The Metropolitan Fish Market Board shall by that name be a body corporate with perpetual succession and a common seal, and shall be capable in law of suing and being sued, and of purchasing, holding, and alienating land, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer; but the purchasing or alienation of land shall always be subject to· the approval of the Governor in Council. Chairman. 6. At its first meeting held after the first constitution of the Board and thereafter at its first meeting held after the election in every alternate year, or at some adjourn- ment thereof, the members present shall elect a member to be the chairman of the Board. Subject to this Act, the chairman shall hold office for two vears. WAny casual vacancy in the office of chairman shall be- filled at the next meeting of the Board after it arises, or at some adjournment thereof; and the chairman then elected. shall hold office until the chairman whose place he fills. would have gone out of office in the ordinary course.

LOCAL GOVERNMENT. 9015 190.3. M.etropolitan Fish M.arket .Aot. If after the expiration of fourteen days from the time ,appointed for the election of a chairman no chairman is ,elected, the Governor in Oouncil may appoint one of the members to be chairman. The chairman shall be the executive officer of the Board. 7. (1.) The rules set forth in the second part of the Rules a~ to Schedule to this Act shall be applicable to the proceedings ~ ~ ~c~ ~~ ~ ~: s and business of the Board, and shall be observed. [Schedule, . ( 2. ) SubJ· ect to thI'S Act, the Board may from tI.me to Part H.] time, by ordinary resolution, make rules for regulating its proceedings and the general conduct of business. 8. After the passing of this Act, the Local Authorities Local of the District shall no longer have or exercise any power, :uthorit~s authority, or jurisdiction to establish, maintain, or regulate e~ : : C~ : : any fish market; and all the provisions of the Local powers. Authorities Act conferring any such power, authority, or jurisdiction shall with respect to every such Local Autho- . rity be abrogated and cease to have any effect. 9. (1.) The Board shall, as soon as conveniently may Estabiish- be after the passing of this Act, establish a fish market at : : ~ ~ e~ : fish such place within the District as the Board considers suitable and convenient. The Board, with the approval of the Governor in Council, may from time to time establish in any part of the District a branch market or branch markets, and with the like approval discontinue the same. (2.) 'fhe Board is hereby charged with the superintend- Powers of <once, management, control, and regulation of the market. the Board. Save as modified by this Act, all the provisions of the Local Authorities Act conferring upon a Local Authority power, authority, and jurisdiction to establish, maintain, -and regulate markets shall apply to and be vested in the Board for the purpose of the establishment, maintenance, and control of the market; and, without derogating from any such power, authority, or jurisdiction contained in any {)ther provision of that Act, the following provisions thereof shall in particular apply to the Board and to the District for the purposes of this Act, namely:-Sections sixty-two and one hundred and forty-six. . (3.) The fact of the establishment of the market shall Notification. be notified in the Gazette, and the market shall be deemed to be established on the date of such notification.

9016 LOCAL GOVERNMENT. Metropolitan Fish Market Act. 5 Eow. VII. No. 30, Appointment, 10. The Board may from time to time appoint a : ~ os: ~ ~ r~ ~ " secretary and such inspectors, attendants, and other officers· of officers. as may be necessary to assist in the execution of this Act, and may, out of the Market Fund, pay such salaries and allowances to such officers respectively as the Board may determine. Subject to any agreement to the contrary, all such persons shall hold office during the pleasure of the Board. All fish to 11. After the date of the establishment of the market,. fhe8~: ~~ lh it shall not be lawful to sell within the District any fish which have not first been inspected at and passed through the market. Revenue. 12. (1.) The revenue of the Board shall consist of all moneys which the Board may receive under or in pursuance of this Act. Market Fund. (2.) All such moneys shall be carried to the account of a Fund to be called the "Metropolitan Fish Market Fund." AofpFpluincadt.ion towar ( d 3 s .) thTehepaMyamreknett Fouf nadll sehxapllenbseesapnpelcieedssabryilythiencBuorraerdd in carrying this Act into execution, and in doing and performing any acts and things which the Board is by this Act empowered or required to do or perform. The Board may payout of the Market Fund any sum due under an agreement lawfully made for the purposes of this Act, and any sum recovered against the Board by process of law,. and any sum which, by any order made or purporting to· be made under this Act, the Board is directed to pay by w~ y of expenses, compensation, damages, costs, or other- WIse. Power to 13. (1.) The Board may, for the purpose of providing bCoornrsoowlidfraotemd land, works, buildings, machinery, and appliances in con- Revenue. nection with the market, borrow from the Oonsolidated Revenue of Queensland. But the total amount that may be advanced by the Treasurer by way of loan to the Board, inclusive of any sums previously borrowed and not repaid, shall not exceed five thousand pounds. Local Works (2.) Every such loan shall be deemed to have been tLooaanpsplAy. cts " bo T r h ro e w L e o d oa fo l r W a o t r e k r s m L o o f an fo s r A ty ots y , ea1r8s80un to de1r89a9n,d" * suabnjdecsthatlol be repayable with interest by instalments accordingly. .. 44 Vie. No. 9, supra, page 1456; 62 Vie. No. 9, supra, page 6600; and 63 Vie. No. 7, supra, page 7139.

LOCAL GOVERNMENT. 9017 1905. Mf'tropolifan Fish Market Act. (3.) The Local A uthorities of the District shall, to the extent hereunder set forth, be liable to indemnify the Treasurer in respect of every such loan and all instalments of money from time to time due and payable under the said Acts by the Board to the Treasurer, namely:-. Council of City of Brisbane Council of City of South Brisbane Councils of Towns of I thaca, Toowong, and Windsor and of the Shire of Taringa Councils of Town of Hamilton and Shires of Balmoral, Coor- paroo, Steph~ ns Two-fifths. One-fifth. Each, one-twentieth. Each, one-twentieth. (4.) When and so often as any part of the moneys Power to fTrroemasutrimere utnodetrimteheduseal· danAd cptsayraebmleaI. bnys tuhnepaBl·odafrodrtothtrheeeaperraneyfoamrrcesne.tth 0 e f months, the Treasurer shall give notice to each Local Authority of the District to pay its proportion of such money under the said indemnity within a time to be stated in such notice; and if any such Local Authority fails so to do the Treasurer, without prejudice to any other remedy, may, by notification in the Gazette, appoint a Receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to such Local Authority, to the amount stated in such notification. Thereupon such Receiver shall, from the date stated in such notification, be the only person legally entitled to receive the revenues of such Local Authority, and shall be deemed to that extent and for that purpose to be a public accountant within the meaning of "The A.udit A.ct of 1874"* or any Act amending or in substitution of that Act. 14. For temporary accommodation the Board may Overdraft. obtain advances from any bank by way of overdraft of the current account: Provided that no such overdraft or accommodation shall at any time or under any circum- stances exceed one-fourth of the total revenue of the Board in the year then last past, or during the first year of the existence. of the Board exceed a limit to be fixed by the Minister. 15. The Board, with the approval of the Governor in By-laws. Council, may from time to time make By-laws with respect to all or any of the following matters :- (i.) The powers and duties of the officers of the Board; 38 Vie. No. 12, supra, page 18.

*>18 LOCAL GOVERNMENT. Metropolitan Fish Markd .Act. 5 EDw. VII. No. 30, Penalties. Repeal. (ii.) Regulating the market and the buildings, stalls, pens, and standings therein; preventing nuis- ances or obstructions therein or in the market approaches and appurtenances; the maintenance of order, discipline, decency, and cleanliness of the market; preventing trespass and intrusion; (iii.) Imposing market dues and charges, and pro- viding for the collection and recovery of the same; the prevention of excessive dues or charges; the settlement of disputes as to dues or charges; the publication of dues and charges; (iv.) The inspection of fish; fixing fees for such inspection; preventing the Bale or exposure for sale of unsound or unwholesome fish in the market and also within the District; providing for the disposal of such fish; (v.) Regulating traffic within the limits of the market and in the market approaches and appurten- ances; regulating carriers resorting to the market; fixing the ra!'tes for carrying fish carried therefrom within the District; (vi.) Regulating by permit the hawking and itinerant vending of fish within the District; imposing fees for such permits; (vii.) Licensing fishmongers and fish vendors within the District, and fixing fees for such licenses; (viii.) Fixing the days and the hours during each day on which the market shall be held; (ix.) Regulating cold storage; fixing charges for the use of the same; (x.) Regulating the use of the weighing-machines provided by the Board; preventing the use of false or defective weights, scales, or measures; (xi.) Regulating auctions in the market, and impos- ing fees to be paid by persons conducting the same; (xii.) Regulating shops or stalls for the sale of fish by retail in the market, and impos.ing rents and charges for the use of the same; (xiii.) Generally, for carrying this Act into effect. A By-law may provide a penalty for any breach thereof of an amount which shall in no case exceed twenty pounds. A By-law or part of a By-law may be repealed by the Governor in Council by Order in Council.

LOCAL GOYERK;\lENT. 9019 1905. Metropolitan Fish Market Llct. 16. Where there is any omission in this Act, or where Regulo.tions, no provision or no sufficient provision, in the opinion of &c. the Governor in Council, is made, the Governor in Council may from time to time make and prescribe all such regu- lations and orders, either general or applicable to particular cases only, as he thinks fit, for the purpose of more effec- tively carrying this Act into execution. 17. All such By-laws, regulations, and orders shall, Evi~ enc~ of upon publication in the Gazette, have the same effect as publicatIOn. if they were enacted in this Act, and shall not be ques- tioned in any proceedings whatsoever. The production of the Gazette containing any Order in Council or regulation, or the notification of the approval of a By-law, or the notification of any election or appoint- ment made under this Act, shall be sufficient evidence that such By-law, Order, or regulation has been duly made and' is still in force, and that such election or appointment has been duly made. 18. (1.) Any person who obstructs the Board or any Obst~cting person employed by it, in the performance of anything ~ ~ ~ ~ utlOn of which it or he is respectively empowered or required to do ( by this Act, shall be liable to a penalty not exceeding twenty pounds. (2.) Any person who wilfully destroys, pulls down, injures, or defaces any board on which any By-law, regula- tion, order, notice, or other matt~ r is inscribed shall, if the same was put up by authority of the Board, be liable to a penalty not exceeding five pounds. 19. (1.) The Board may order proceedings to be taken Board may foof r atnhye rpeecrosvoenryo A uo ' efnadnm' ygpeangaalm.tiesst at h nd i s fAocrt,tahne dpumnaisydhomrenert & dpricro.escetcu t' IOns, the expenses of such prosecution or other proceedings to be paid out of the Market Fund. (2.) In all proceedings in any court of summary Proceedings jurisdiction or before any justice of the peace, the secre- in p.etty tary or any other officer of the Board appointed by the seSSIOns. chairman, by writing under his hand, may represent ,the Board in all respects as though he were the party con- cerned. In any such proceedings the authority of such officer shall be presumed unless the contrary is proved. (3.) 'l'he secretary or other officer appointed as last Reimburse~ aforesaid shall be reimbursec;l out of the Market Fund all n;:nt of damages, costs, charges, and expenses to which he may be 0 cer. put or with which he may become chargeable by reason of anything contained in this section. N

9020 LOCAL GOVERNMENT. Metropolitan Fish Market Act. 5 Enw. VII. No. 30, Recovery of (4.) All penalties payable in respect of offences against penalties. this Act may be recovered, by complaint of the secretary or other such officer as aforesaid, before any two justices of the peace. Application (5.) Except where it is by this Act provided to the of penalties. contrary, all such penalties when recovered shall be paid into the Market Fund.. Penalties. (6.) Every person who by any act or omission is guilty of any contravention of this Act shall for every such offence be liable, if no other penalty is imposed, to a penalty not exceeding twenty pounds, or to be imprisoned for any period not exceeding six months. Justices may (7.) No justice shall be deemed incapable of acting in 8 ra .C . tt, epthayoeurgshor any case arising under this Act by reason of his being, as liable to one of several ratepayers, or as one of any other class contribute. of persons, liable in common with others to contribute to, or be benefited by, the Market Fund. THE SOHEDULE. PART I. RULES TO BE OBSERVED IN THE ELECTION OF A. MEMBER BY A. GROUP OF LOCAL AUTHORITIES. 1. The time and place of every election shall be appointed by the Governor in Council by notice in the Gazette. 2. The Governor in Council may appoint as returning officer to take the poll at any such election some person who is not himself a candidate for election. Every such appointment shall be notified in the Gazette. a. For the purpose of enabling the returning officer to compile a roll of persons entitled to vote at such election, the clerk of every Local Authority of the group in respect of which the returning officer is appointed shall, under a penalty not exceeding five pounds for any failure so to do, at least fourteen days before the day appointed for the election, deliver to the returning officer a correct list of the names and addresses of all members of the Local Authority of which he is clerk, certified as correct by writing under his hand. The returning officer shall from such lists compile a roll of persons entitled to vote at the election. Such rull shall show the names in alphabetical order and numbered consecutively of all persons so entitled to vote, and when signed by the returning officer shall be the roll by reference to which the title of el'"ery person to vote at such election shall, save as next hereinafter provided, be finally determined. But no person named on such roil who, at the date of the election, has cea.sed to hold office as a member of a Local Authority of the group in respect of which the election is held shall be entitled to vote. 4. After compiling such roll, the returning officer shall forthwith send through the post office to every person named in such roll a notice specifying the date and place appointed for the election. 5. Between the hours of one o'clock and two o'clock in the afternoon of the day a.ppointed for the election, the returning officer shall attend at the place appointed for the election to receive the nomination of candidates at the election.

LOCAL GOVERNMENT. 1905. Metropolitan Fish Market Act. 6. In order that a person may become a candidate he shall, between the hours aforesaid and in the presence of the returning officer at the place so appointed, be nominated orally by at least two per~ ons entitled to vote at the election. No person who is not so nominated shall be or be deemed to be a candidate at the election. 7. If only one person is so nominated, the returning officer shall, at half-l?ast two in the afternoon of the day so appointed, and at the place so appomted, declare him to be duly elected, and he shall be elected accordingly. 8. I f more than one person is so nominated, then for deciding between the candidates a poll shall be taken in manuer following : - The returning officer shall cause to be prepared a sufficient number of ballot-papers containing the surnames and Chri~ tian names in alphabetical order of the candidates and nothing else. When a poll is tal,en, it shall commence at half-past two o'clock and cl08e at five 0' clock in the afternoon. At the election every person whose name is included in the roll shall be entitled to one vote only. The returning officer shall deliver one ballot-papE\r previously initialled by him to every person named upon the roll who personally demands a ballot-paper, and when such person has voted he shall, in the presence of the returning officer, deposit the ballot-paper m a locked ballot-box provided for the purpose. At the close of the poll the returning officer shall count the votes given for each candidate, and shall forthwith declare the candidate who has received the greatest number of votes to be elected, and he shall be elected accordingly. If the number of votes for any two or more candidates is found to be equal, the returning officer shall decide by his casting vote which shall be elected. 9. The Board shall repay to the returning officer all expenses reasonably incurred by him in connection with the election. PART H. RULES RELATING TO THE PROCEEDINGS AND BUSINESS OF THE BOARD. Meetings. 1. The Board shall hold its ordinary meetings at such times as are appointed by By-law in that behalf. Special meetings may be summoned at any time by the chairman, and shall be so summoned by him upon receipt of a requisition in writing signed by any two members. 2. The chairman shall preside at all meetings at which he is present. In the absence of the chairman, the members present shall elect from their number a chairman for the day. The chairman, or in his absence the chairman for the day, sballhave a vote. and, when there is an equal division of votes upon any question, shall have a second or caRting vote. . • 3. No business shall be transacted at any meeting of the Board unless at least three of the members are present when such business is transacted. 4. All powers vested in the Board may be exerciRed by the majority of the members present at allY meeting duly held, and all questions shall " be decided by a majority and by open voting. At all meE\tings, save as herein otherwise provided, all members present shall vote. If a member refuses to vote, his vote shall be counted for the negative. 9021

9022 IJOCAL GOVER~ MENT. Metropolitan Fish Market Act. 5 Enw. VII. No. 30, 5. No member shall vote or take part in any debate with respect to any matter in which he has directly or indirectly, by himself or his partners, any pecuniary interest. 6. The members present at a meeting may, from time to time, adjourn the meeting. If a quorum is not present within half an hour after the time appointed for a meeting, the members present, or the majority of them, or anyone member, if only one is present, or the secretary, if no member is present, may adjourn such .meeting to any time not later than seven days from the date of such adJournment: Provided that nothing herein contained shall be construed to prevent the adjournment. of any meeting to a later hour of the same day on which such meeting was appointed to be held. 7. All notices of any meeting or adjourned meeting (other than of a meeting adjourned to a later hour of the same day on which such meet- ing was appointed to be held) shall be in writing, and shall be delivered, or ~ent by post or otherwise, to the address of each of the members previous to the meeting. Every such notice shall specify the time of meeting, and, in case of a special meeting, shall specify the object thereof. No business shall be tlansacted at any special meeting except such as is stated in the notice thereof. MemlJer refusing, ttc., to act. S. If any member refuAes or neglects to act, or to attend any duly convened meeting of the Board. all lawful acts and proceedings of the Board shall be as valid and effectual as if they had been done or authorised by the full Board. Validation of proceedin.'ls. 9. No proceedings of the Board, or of any person acting as chairman, shall be invalidated by reason of any defect in the appointment or election or of any disqnalification of any member, or by reason of there being any vacancy in the number of members at the time of such proc.eedin gs. Oummittees. 10. The Board may from time to time- (i.) Appoint out of their number committees either for general or "pecial purposes; (ii.) Delegate to a committee power to do any act or hold any inquiry; (iii.) Fix the quorum of a committee. Every committee may from time to time appoint one of it!l number to be chairman thereof. • Every committee shall report to the Board. ] 1. A committee may meet from time to time and may adjourn from place to place as it think!l proper, but no busines~ shall be transactell at IIDy meeting of the committee unless the quorum (if any) fixed by the Board, and if no quorum is fixed two member!! at lea!!t, are present. . At all meetings of a..committee if the chairman lS not present one of the members shall be appointed chairman of such committef> during the absence of the chairman. All questions shall be determined by a majority of votes of the members present, inclllding the chairman; and if the numbers are equally divided he shall have a second or casting vote.

LOCAL GOVERNMENT. 1905. .Metropolitan Fish Market Act. Minut es . 12. (1.) The Board shall cause entries of all the proceedings of the Board and of every committee appointed by the Board, with the names of the members present at each meeting and the names of all members voting upon any question for the decision of which a division is called, to be duly made from time to time in books to be provided for the purpose, which shall be kept by the secretary under the superintendence of the chairman. Every such entry shall be signed by the chairman at the meeting next succeeding the meeting at which such proceeding has taken place. Evidence of entries. 13. Every entry in any book kept by the secretary, purporting to be an entry relating to the proceedings of the Board, or of a committee thereof, and to be signed by the chairman, or a certified copy of or an extract from any such entry, sealed with the seal of the Board, and signed by the chairman and secretary, shall, upon the production thereof alone, be received in any court of justice as evidence of the proceedings appearing by such entry to have been taken, without proof of the meeting to which the same refers having been duly convened or held, or of the persons attending such meeting having been or being members or members of committee respectively, or of the signatures of the chairman or secretary, or of the fact of their having been chairman or secretary respectively; and all such last-mentioned matters shall be presumed until the contrary is proved. Authentication of documents. 14. Subject to this Act, every appointment•and every order, notice, certificate, or other document of the Board relating to the execution of this Act or the business of the Board shall be sufficiently authenticated if signed by the secretary or chairman or any two members. Contracts. 15. The Board may enter into any contract with any person for doing anything which the Board may be authorised to do or which is necessary for carrying out the purposes of this Act. Any contract which if made between private persons—firstly, must be in writing under seal; secondly, must be in writing signed by the parties thereto; thirdly, may be made orally without writing—when made by the Board: In the first case, shall be in writing under the seal of the Board; in the second case, shall be signed by the chairman or two members of the Board on behalf of and by direction of the Board; in the third case, may be made orally without writing by the Board or the chairman or any two members thereof on behalf of and by direction of the Board. All such contracts may be varied and discharged in the same manner respectively. 16. No contract the amount whereof exceeds fifty pounds shall, except in case of urgent necessity, be made except after public tender, of which due public notice shall be given, but the Board shall not be obliged to accept the lowest or any tender. 17. The Board may compound with any person for such sum of money or other recompense as it thinks fit in respect of the breach of any contract or any penalty incurred thereunder, or of any debt or money due to the Board, whether before or after any action brought for the recovery of the same. 902g

9024 LOCAL GOVERNMENT. ..t.fetropolitan Jj'ish Market Act. 5 Enw. VII. No. 30, Officers. IH. Before any officer entrusted by the Board with the custody or control of moneys by virtue of his office enters thereon, the Board shall take sufficient security from some associatIOn or joint stock company carrying on, in the State, the business of a guarantee society for the faithful execution of such office by such officer. 19. The chairman may at any time suspend from office any officer of the Board who in his opinion is g;uilty of misconduct or neglect, and may. if necessary, temporarily appoint another officer in his place: Pro- vided that at the next meeting of the Board after !Ouch suspension the chairman shall report the matter to the Board, and. if the officer so suspended is dismissed by the Board, no salary or wages shall be due or paid to him from the date of his suspension. Every officer tern porarily appointed shall hold office and receive remuneration (which shall in no case exceed that paid to the officer so suspended) only until the Board decides whether the person suspended shall be reinstated, or whether he shall be dismissed and a successor appointed in his stead. 20. Every officer employed by the Board who exacts or accepts, on account of anything done by virtue of his office, any fee or reward other than the salary or allowance by way of salary allowed by the Board, or who is in anywise concerned or interested in any bargain or contract made by the Board, shall be incapable of being afterwards employed by the Board for the space of five years, and shall forfeit the sum of one hundred pounds. And the Board or any person may sue for such penalty by action in any court of competent jurisdiction. A.ny such penalty recovered by any person shall be retained by him. 21. The secretary shall be responsible for the safe custody of all books of account, agreements, receipts, vouchers, and other papers and writings relating to the business of the Board; he shall make a record of the same in obedience to the direction of the Auditor-General, and shall not destroy or mutilate them or any of them without his sanction in writing previously obtained. 22. If any officer of the Board fails when required by the Board so to do- (i.) To render accounts of any moneys received by him for or on behalf of the Board, and of his dealings therewith; or (ii.) To produce and deliver up the vouchers and receipts relating to the same in his possession or power; or (iii.) To pay the balance thereof when so required; or (iv.) To deliver up to the Board or to any person appointed by it to receive the same, within five days after being so required, all papers and writings, property, matters, and things in his possession 01' power, relating to the execution of this A.ct, or belonging, to the Board; . a police magistrate or any two justices of the peace may hear and determine the matter in a summary way, and may order such officer to render such accounts or to deliver up such vouchers and receipts, or to pay over the balance owing by him, or to deliver up all such papers, writings, property, matters, and things, If such officer neglects or refuses to obey such order he may, by any justice, be committed to gaol for any period not exceeding six months. 23. All !Ouch proceeding!l against an officer may be had and taken and enforced against such officer after he has ceased to hold his office. No such proceedings against an officer shall deprive the Board of any remedy which it might otherwise have against any surety of such officer.

LOCAL GOVERNMENT-PARKS AND PUBLIC LANDS. 5 EDw. VII., 1905. Ipswich Show Ground.~ A.ct. Bank account. 24. All moneys of the Board arising from any source shall be paid into such bank as the Board from time to time determines to an account to be called" The Metropolitan Fish Market Fund Account," and shall only be paid thereout by cheques signed by the secretary and countersigned by the chairman or any two members of the Board authorised by it from time to time to sign cheques. ..d.1lnual A.udit. 25. (1.) The Auditor-General, or such officer of his staff as he from time to time directs, shall once at least in every year examine the books and accounts of the Board, and the Auditor-General shall report there- upon to the Treasurer. (2.) The Treasurer may, if he thinks fit, require such books and accounts to be kept by the Board, and in such form and manner as may be prescribed by the Auditor-General. (B.) On or before the thirty-first day of August in each year the Board shall publish in the Gazettf', and in some newspaper generally circulating in the District, a true statement of the receipts and expendi- ture of the Board for the year ending the thirtieth day of June then last past, and such statt'ment shall: be signed by the chairman and secretary, and certified as correct by the Auditor-General. 9025 METHODIST UNION. See CHURCHES AND CHAPELS. PARKS AND PUBLIC LANDS. An Act to Enable the Trustees of the Land corn- 5 Edw. VIL pn . s~ d· m D ee d . 0 f G rant N o. 62701, be· mg G T R H O E ~ I : P ~ B : W A lO m H ' Portlon 302 C, m the County of Stanley and OF 1905. Parish of Ipswich, and being a Reserve for Show Grounds, to Mortgage the same. [ASSENTED TO 20TH DECEMBER, 1905.J W HEREAS by a deed of grant from the Crown, Preamble. numbered 62701, and bearing date the fifth day of March, one thousand eight hundred and eighty-six, all that piece or parcel of land, in the State of "lueensland, containing fifteen acres, situated in the county of Stanley and parish of Ipswich, being portion 302 C, reserve for show grounds, and more particularly described in the said deed of grant, with all the rights and appurtenances t' whatsoever thereto belonging, was, sllbject to certain reser- vations not necessary to be herein particularly set out, granted to John Clarke Foote, John Ferrett, Edward Augustus ::Bullmore, William Kellett, and George Rennie