Municipal Corporations Act Amendment Act 1938 (WA)

MUNICIPAL CORPORATIONS.

c) :: and 3' GEo. VI., No. XI,TX.

No. 49 of 1938.

AN ACT to amend the Municipal Corporations Act, 1906, and for other purposes relative thereto.

[Assented to 31st January, 1939.]

BE 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 Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

This Act may be cited as the Municipal Corpora- tions Act Amendment Act, 1938, and shall be read as one with the Municipal Corporations Act, 1906 (No. 32 of 1906), hereinafter referred to as the principal Act.

Short title.

This Act shall. come into operation on a day to be fixed by Proclamation.	Commence
ment.

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Municipal Corporations.

[1938.

Amendment

of B. 6.

3. Section six of the principal Act is amended as

follows :-

(a)	by inserting therein after the definition of "Occu-

pier" a definition of "Officer" as follows:

"Officer" means any cleric, treasurer, engineer, sur- veyor, assessor, collector, pound-keeper, inspec- tor, ranger, constable, or other person appointed to an office by a council;

(b)	by deleting the definition of owner and inserting

in lieu thereof a new definition as follows :—

qt. Road

Districts Act,	"Owner" as applied to land means :—
1919-1983,

S. 5.

(1) any person who is in possession as

(a)	the holder of a legal or equitable estate of freehold in possession therein (including any estate or interest under any contract or arrangement with the Crown or any other person by virtue whereof the land is held or occupied with a right to acquire the fee simple by purchase or otherwise); or
(b)	a Crown lessee or a lessee or tenant under a lease or tenancy agreement of land which in the hands of the lessor is non- rateable land within the meaning of this Act, but which in the hands of such lessee or tenant and by reason of such lease or tenancy is declared by this Act or any other Act to be rateable land for the pur- poses of this Act; or
(c)	a mortgagee of the land; or
(d)	a trustee, 'attorney, or authorised agent of any such holder, lessee, tenant or mort- gagee:

Provided that if there is no such per- son in possession the term means the per- son who is entitled to possession in any of the aforesaid capacities, except that of mortgagee, and that, for the purposes of this definition, receipt of the rents and profits is equivalent to possession;

(2) any person who, under a license or concession relating to any specific Crown land, has the

right of taking any profit of the land:

Provided that, if any person is lawfully

entitled to occupy any land which is vested

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in the Crown, and which has no other owner as above defined, or is in the actual occupa- tion (with or without title) of the surface of any portion of a mining tenement within the meaning of the Mining Act, 19044933, or has, without title, any tent, camp, or other habitation on any land belonging to another person, or is in the unauthorised occupation of any Crown land, he shall be deemed for the purposes of this Act to be the owner of the land occupied or in which the habitation stands.

4. Section twelve of the principal Act is amended by trnirt;°"

adding thereto a new paragraph as follows :—

(14) describe the boundaries of any municipal dis- eTxoistenseribe

boutkagries.

tract as existing for the time being.

Section twenty-five of the principal Act is amended Vt

5. d2Tr"

by adding to subsection (1) a new paragraph as fol-

lows :-

(lc) to describe the boundaries of any municipal dis- trict as existing for the time being, with the common seal of the municipality.

Section fifty-five of the principal Act is amended

by inserting at the commencement of subsection (1) the

words "Subject to section sixty-two A of this Act."

Amendment

of e. 55.

Section sixty of the principal Act is amended as Amendment

of s.

follows :-

(a) by deleting subsection (7);

(b) by deleting from subsection (9) the words "sub-

sections six and seven" in line two of the sub- section and inserting in lieu thereof the words "subsection six."

8. Section sixty-two of the principal Act is amended Amendment

by inserting in subsection (2) after the word "mayor" in line one of the said subsection the words "or an officer authorised by the mayor."

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New section.

9. A section is inserted in the principal Act after sec- tion sixty-two as follows:—

Revision	Court need	62A. If no application or objection under section
not be held

in certain cir-	fifty-three of this Act is received within the pre-
cumstances.	scribed time, it shall not be necessary to hold a revi-
cf• No. 38 of
1919, s. 42.	sion court, and the mayor, or an officer authorised by the mayor, and two members of the council may forthwith after the expiration of the time pre- scribed for making applications or objections sign and certify the electoral list as prepared by the town clerk in accordance with the provisions of section fifty-two of this Act, and such list shall thereupon be deemed to have been duly certified within the meaning of and for the purposes of section sixty-two of this Act.
Amendment

of s. 66;	10.	Section sixty-six of the principal Act is repealed
repeal and

new section.	and a new section is inserted in lieu thereof as follows:-
Clerk to

supply copy	66. In each year, as soon as reasonably may be
of electoral

roll to Chief	after the delivery to the mayor of the electoral roll
Officer.
Electoral	for that year as provided for in section sixty-three of this Act, the town clerk of every municipality shall deliver a duplicate copy of the electoral roll of such municipality to the Chief Electoral Officer of the State.
Amendment

of a. 76.	11. Section seventy-six of the principal Act is amended by deleting the word ''Wednesday'' in line two and inserting hi lieu thereof the word "Saturday."
Amendment

of s. 91.

12.

Section ninety-one of the principal Act is

amended by deleting the word "seventh" in line one and

inserting in lieu thereof the word "fourteenth."

Amendment

of s. 96.

13.

Section ninety-six of the principal Act is amended by deleting the words "shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face, and" in the fourth, fifth, and sixth lines.

Amendment

of s. /02.

14.

Section one hundred and two of the principal Act is amended by deleting from subsection (1) the word "nine" in line two of the subsection and also the word "seven" in line three of the subsection and inserting in lieu thereof respectively the word "eight."

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15. Section one hundred and five of the principal Act	of s. 105;
Amendment

is repealed and a new section is inserted in lieu thereof	repeal and
new section.
as follows:—

105. At every election voting shall be by means Preferential

of a preferential ballot and the following provisions

og.42

shall apply:—

1919, a. 8.

(a)

Every elector not being an elector voting in absence shall indicate his vote on the ballot paper by placing the numeral "1" oppo- site the name of the candidate for whom he votes as his first preference, and he shall give contingent votes for all the remaining candidates by placing the numerals "2," "3" and so on opposite their names (as the case requires), so as to indicate by such numerical sequence the order of his pre- ference.

(b)

When an elector votes in absence under the provisions of section one hundred and nine of this Act, the elector shall first write on the ballot paper the name of the candidate for whom he votes as a first preference, and he shall mark the numeral "1" against such name, and he shall then write on the ballot paper the names of all the other candidates and mark the numerals "2," "3" and so on (as the case requires) against each such name respectively in the order of his pre- ference.

Provided that-

(i)

A vote taken in absence shall not be invalid by reason only of the name appearing thereon of a candidate who, after nomination clay and before polling day, has withdrawn his nomination or has died, but effect shall be given to the pre- ference shown on the ballot paper accord- ing to the arithmetical sequence of the marking after the exclusion of the num- ber set against the name of the candidate who has withdrawn his nomination or has died; and

An elector voting in absence shall not be required to write on the ballot

(ii)

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paper any name other than the surname of every candidate, unless there are two or more candidates having the same sur- name; in which case lie shall write such Christian name, initial, occupation, or residence opposite the surnames of such candidates respectively as shall be neces- sary to indicate the order in which his votes for such candidates are intended to be cast; and

(iii) A vote by an elector voting in absence shall not be invalid by reason of any mistake in spelling or other omission (not being a non-compliance with para- graph (b) ) on the elector's part, when his intention is clear.

(c)

An elector shall be deemed to have duly com- plied with the provisions of paragraph (a) or (b) hereof if he places the numeral "1" opposite the name of one candidate and omits to place the numeral "2" against the name of the other candidate when only two candidates are nominated, or if he places numerals as provided for hi the said para- graphs against the names of all of the can- didates nominated except one when more than two candidates are nominated. In any case mentioned in this paragraph, the candidate against whose name no numeral appears shall be deemed to rank last in the elector's order of preference.

Amendment

16.

Section one hundred and eight of the principal Act is amended by deleting from subsection (2) thereof all the words after the word "destroyed" in line two of the said subsection.

of a 108.

Amendment

rt e. 109:	17.	Section one hundred and nine of the principal Aet
repeal and

new section

is repealed and a new section is inserted in lieu thereof

as follows:-

Voting in

a bsence.	109. (1.) Any elector whose name is on an elec-
cf. No. 88 of

1919, 5. 87.

toral roll and

(a)	intends to be absent from the district on the day of election; or
(b)	resides more than five miles from the polling

place; or

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[No. 49.

may at any time after the nomination day make application in writing to the returning officer of the district in which he is entitled to vote, or to the re- turning officer or the town clerk or the road board secretary of any other municipal or road district, or to any person whom the Minister may appoint for the purpose, to vote under the provisions of tins section.

(2.) The returning officer, town clerk, road board secretary, or other person appointed as aforesaid to whom such application is made shall then write on each of two counterfoils the name of the district and the ward, if any, for which. the' applicant desires to vote, to- gether with the name in full and address of the applicant, and shall sign the back of the ballot paper, and on the face thereof shall write the name of the district and the ward, if any, as on the counterfoils, and shall. give the ballot paper to the elector.

(3.) On one of the counterfoils the pre- scribed form of declaration shall be printed and the returning officer, town clerk, road board secretary, or other person appointed as aforesaid proposing to take the vote shall fill in such declaration with the necessary particulars, and the elector shall, before voting, sign and make such declaration before the returning officer, town clerk, road board secretary, or other person appointed as aforesaid.

The elector shall then indicate his vote on the ballot paper in the manner mentioned and pre- scribed in paragraph (b) of section one hundred and five of this Act, specifying whether he is voting for the office of mayor or councillor, and shall then fold up the ballot paper in the presence of the returning officer, town clerk, road board secretary, or other person appointed as aforesaid who is taking the vote, and put it in an envelope.

(4.)

(5.) The returning officer, town clerk, road board secretary, or other person appointed as aforesaid shall then seal up the envelope and write "ballot paper" thereon, and shall put one counterfoil into an envelope and seal it

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and write "counterfoil" thereon, and shall then enclose both such envelopes in another envelope and seal it, and, if lie is not the returning officer of the district in which the applicant is entitled to vote, shall send or cause to be sent the envelopes enclosed as aforesaid to the returning officer of such district.

All ballot papers and counterfoils used under this section shall be in the form prescribed in the Eleventh Schedule to this Act and be issued by the Minister, and no other form shall be used, and the Minister shall supply to the town clerk of every municipality such number of ballot papers and counterfoils as shall be necessary, and such town clerk shall be charged with the duty of keeping the safe custody thereof, and shall permit the same to be taken out of his custody by returning officers, road board secretaries or other persons appointed as aforesaid only for the purposes of this section. Every ballot paper issued during any year shall bear a distinct number, and its counterfoils shall bear the same number.

(6.)

(7.)

It shall be unlawful for any returning officer, town clerk, road board secretary, or other person appointed as aforesaid to visit any elector, except an elector applying by virtue of paragraph (c) of subsection (1) of this section for the purpose of taking his vote, or to take the vote of any elec- tor, except as aforesaid, in any place other than the returning officer's, town clerk's, road board secre- tary's, or such other person's office, place of busi- ness or place of residence.

(S.) The returning officer, after enclosing such envelopes as aforesaid or on receiving the same, as the ease may be, shall, without opening them, retain them in his possession until the commence- ment of the poll, and shall at any convenient time or times during or immediately after the taking of the poll, in the presence of the scrutineers, if any, proceed to open the same, and shall in each ease pro- ceed as follows :—

(a)	lie shall compare the counterfoil with the

electoral roll or a copy thereof ;

(b)	if satisfied from an inspection of the electoral roll or a copy thereof that the person named

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in the counterfoil is entitled to vote, he shall make a mark against the name of such per- son on the electoral roll or a copy thereof, and shall then take the ballot paper from its envelope and, without unfolding the bal- lot paper, deposit it in the ballot box;

(e) He shall keep the counterfoil in the same man- ner as counterfoils of ballot papers are kept.

(9.) The returning officer, town clerk, road board secretary, or other person appointed as aforesaid proposing to take the vote of an .applicant under this section may put to every such applicant any of the questions prescribed in sections one hundred and six and one hundred and seven of this Act, and the provisions of the said sec- tions shall apply to every such applicant.

(10.) In the case of an election to fill an extra- ordinary vacancy, au application to vote under thG provisions of this section may be made either ft the returning officer for the district in which the election is to be held, or to the town clerk or road board secretary of any other municipal or road district, or to such other person appointed as aforesaid, and the foregoing provisions of this section shall apply.

(11.) Any person who has applied to a re- turning' officer, town clerk, road board secre- tary or other person appointed as aforesaid for the purpose of voting under this section. and has complied with the provisions of this section, shall not be entitled to vote otherwise at the election, although the said envelopes or either of them may not have been sent to the returning officer of the district for which the election is held, or although they or either of them have been lost or miscarried.

(1 2.) The provisions of section one hundred and eight of this Act shall apply, mutatis mutandis, to

ballot papers issued to an elector under this section.

18. Section one hundred and ten of the principal let Amendment

of no.

is amended as follows :—

(m) by deleting subsection (2) and inserting in lieu thereof a subsection as follows :—

(2) The returning officer may reject as in-

formal any ballot paper which is not marked

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lit UV icipal Corporations.

[1938.

in compliance with the provisions of section one hundred and five of this Act which relate to the marking thereof, or on which is written any matter or thing which is not authorised by this Act to be written thereon; but, save and except as aforesaid, no ballot paper shall be rejected for mere want of form if in other respects it clearly indicates the vote and order of preference in the voting by the elector;

( 1) by inserting after subsection (3) a new subsec-

tion as follows :—

(3a) For the purpose of ascertaining the result of the election, the following provisions shall apply :—

(i) Where at any election only one candi- date is to be elected, the returning officer shall

arrange the ballot papers under the names of the respective candidates, and place in a separate parcel all those on which a first preference is indicated for the same candidate, rejecting any informal ballot papers;

(a)

count all the first preference votes given for each candidate respectively; and

(b)

(c)

make and keep a record of the num-

ber of first preference votes counted by

him;

(ii) The candidate who then has the largest

number of first preference votes, shall, if such number constitutes an absolute majority of votes as hereinafter defined, be declared by the returning officer duly elected;

(iii) If no candidate has an absolute majority of first preference votes, on the first count, the returning officer shall declare the candidate who has obtained the fewest first preference votes to be an excluded candidate, and each ballot paper counted to him on the first count shall be distributed among the re- maining candidates according as they are next in order of preference as indicated in such ballot papers;

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[No. 49.

After such distribution aforesaid, the number of votes thus given to each re- maining candidate shall be again ascertained;

(iv)

(v)

If no candidate then has an absolute majority of votes, the process of declaring the candidate who has the fewest votes to be ex- cluded and distributing his ballot papers among the then remaining candidates next in order of the elector's preference shall be re- peated, and the votes recounted after every such redistribution until one candidate has obtained an absolute majority of votes, where- upon such candidate shall be declared by the returning officer duly elected;

(vi)

Where at any election two candidates are to be elected, the foregoing provisions shall apply until the first candidate has been declared elected as aforesaid and thereafter the following additional provisions shall apply

(a)

The ballot papers counted on the first preference count to the said first elected candidate shall be distributed among the other candidates next in order of the elec- tor's preference on such ballot papers, and after such distribution the number of votes thus given to each of such other candidates shall again be ascertained;

(b)

If after such distribution one of such other candidates has an absolute majority of votes over the remaining candidates he shall be declared by the returning officer to be duly elected;

(c) If after the distribution referred to in subparagraph (b) of this paragraph no candidate has an absolute majority of votes as aforesaid, then the candidate who then has the fewest votes shall be declared by the returning officer to be an excluded candi- date, and the ballot papers counted to him on the count of first preference votes shall be distributed among the remaining candi- dates next in order of the elector's prefer- ence as indicated on such ballot papers, and

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thereafter the number of votes given to such then remaining candidates shall be again ascertained;

(d) If after the distribution referred to in the next preceding subparagraph, one candidate has obtained an absolute major- ity of votes over the other candidates, he shall be declared by the returning officer to be duly elected;

If, after the distribution referred to in the next two preceding paragraphs no candidate has obtained an absolute major- ity of votes as aforesaid, the process of de- claring the candidate who has the fewest votes to be excluded and distributing his ballot papers among the then remaining candidates next in order of the elector's preference shall be repeated and the votes recounted after every such redistribution until one candidate has obtained an abso- lute majority of votes, whereupon such candidate shall be declared by the return- ing officer duly elected;

(e)

(vii) Where at any election more than two candidates are required to be elected, the pro- visions of paragraphs (v) and (vi) hereof shall apply until the first and second candi- dates have been declared elected as aforesaid, and thereafter the following additional pro- visions shall apply:

(a) The ballot papers counted on the first preference count to the second candi- date declared elected shall be distributed among the candidates then remaining next in order of the elector's preference on such ballot papers, and after such distribution the number of votes thus given to each of such remaining candidates shall be again as- certained, and thereafter, according as the case may require, subparagraphs (b), (c), (d) and (e) of the next preceding para- graph (vi) shall apply and be applied until a third candidate is declared by the return- ing officer duly elected:

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(b) The foregoing paragraphs (v) and (vi) and the next preceding subparagraph (a) of tins paragraph shall apply and be applied in respect of each additional candi- date required to be elected until all the can- didates required to be elected have been declared duly elected, save and except that only the first preference ballot papers of the then latest elected candidate shall be distributed for the purpose of ascertaining the next candidate to be elected;

For the purpose of the foregoing para- graphs of this subsection, a candidate shall be deemed to have an "absolute majority of votes" when at the conclusion of any progres- sive count in the counting of the votes the number of votes obtained by him exceeds the aggregate number of the votes obtained by all the remaining candidates added together ;

(viii)

(ix)

If at the completion of any progres- sive count in the counting of votes two or more candidates have an equal number of votes, and one of them has to be declared defeated, the returning officer shall, by Ids casting vote, decide which one of such candidates shall be declared defeated;

(x)

At any time before the declaration of the result of the election, the returning officer may, if he thinks fit, at the request of a scruti- neer, or of his own motion, recount the ballot papers contained in any parcel; and when conducting any recount the returning officer shall have the same powers as if the recount were a scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance or admission or disallowance or rejection of any ballot paper ;

(5) Section eight of the Municipal Corpora- ,R.eroVN9of.

tions Act Amendment Act, 1919 (No. 42 of °` 'ass.

1919), is hereby repealed.

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[1938

Repeal of	19. Section one hundred and eleven of the principal. Act is hereby repealed.
Amendment

Section one hundred and twelve of the principal Act is amended by deleting from subsection (2) the word "three" in line two of such subsection and inserting in hen thereof the word "two."

of a. 112.

20.

Amendment

Section one hundred and fifty-five of the principal Act is amended as follows :—

of a. 155.

21.

(a)	by inserting after the word "officer" where the same appears in lines one, two, three and six,. the words "or other employee";
(b)	by inserting after the word "office" in line two. the words "or position";
(c)	by inserting after the word "salary" in line five the words "or wages";
(d)	by inserting at the end of this section a proviso as follows:—

Provided that, except in the case of physi- cal or mental incapacity or death, no such gratuity shall be paid unless the officer or employee has served for at least ten years, and no amount exceeding twelve months' salary or wages shall be paid under this sec- tion in respect of any officer or employee.

l o • iIIMPOL

22. Section one hundred and fifty-six of the principal:

of a. 156.

Act is amended as follows:

'a) by deleting subsection (1) and inserting in lieu thereof a subsection as follows:

(1) The council shall hold a general meet- ing of ratepayers in every year in the month of November and before the day of the annual election;

(b) by adding to subsection (2) a proviso as fol-

lows :—

Provided that every requisition or request

made under this subsection shall state clearly

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[No. 49.

the nature of the matter to be discussed at the special meeting of ratepayers, and the council may refuse such requisition or request if the matter stated therein is in its opinion not a matter of concern or interest affecting the municipality or the ratepayers as resi- dents of the municipality;

(c) by deleting from subsection (3) the word "seven" in line one of the subsection and in- serting in lieu thereof the word "fourteen."

23. Section one hundred and fifty-eight of the prin- rir

cipal Act is amended by deleting paragraph (b) of sub- section (2) and inserting in lieu thereof a paragraph as follows :-

(b) At a meeting of ratepayers, one of the council- lors present and chosen by the ratepayers present, or, if there be no councillor present, one of the rate- payers present chosen by the ratepayers present.

24. Section one hundred and sixty-one of the prin- A:Be:1167nt

eipal Act is amended as follows :—

(a)	by inserting in subsection (1) after the word "No." in line one of this subsection the words "mayor or";
(b)	by inserting in subsection (1) after the word "such" in line four of the subsection the words "mayor or";
(c)	by inserting after the word "partner" in line 5 of the section the words "or in which any person of whom he is an employee has";
(d)	by adding after the word "interest" in line 5 of the section the words "apart from any in- terest in common with the public."
(e)	by inserting in subsection (2) after the word "any" in line one of the subsection the words "mayor or."

Amendment

25. Section one hundred and sixty-eight of the prin-

cipal Act is amended by adding to subsection (1) a pro-

viso as follows:

of a. 168.

Provided that the number of members appointed to any occasional or standing committee under para- graph (a) of this subsection shall not exceed the largest minority of the councillors.

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[1938..

New section.

A new section is inserted in the principal Act

after section one hundred and seventy-eight, as fol-

lows:—

26.

Council may

pay expenses	178A. Any council may from time to time with funds the reasonable expenses incurred by not more than one delegate appointed by such council to attend and attending any municipal conference as the repre- sentative of such council.
of one dele.
gate to any	the approval of the Minister pay out of municipal
municipal
conference.
Amendment

Section one hundred and seventy-nine of the prin- cipal Act is amended as follows :—

of 3. 179.

27.

(a)	by deleting paragraph (14) and inserting in lieu thereof a paragraph as follows :—

Fencing.	(14) (a) regulating and prescribing the manner in which and the materials of which walls and fences shall be erected; and
(b) prescribing what shall be deemed dan- gerous fences and prohibiting the erection of dangerous fences abutting on or within ten feet of any public place;

(b)	by deleting paragraphs (18) and (37) and in- serting in lieu thereof after paragraph (17) paragraphs as follows:—

Carriers.	(18) (a) for regulating the hawking of any goods, wares, or merchandise, and requiring licenses to be obtained by hawkers, and enforcing the obligation of hawkers to carry scales;
(b) for prescribing the annual fees (not exceeding ten pounds) to be paid for hawkers' licenses and for differentiating in such fees according to the description of goods, wares, or merchandise hawked, and the localities or portions of municipal districts in which the same are hawked;
c) for limiting the number of licenses to be issued and for refusing to grant any license, either when such limit is reached or for any other reason;

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[No. 49.

(d)

for requiring a badge with a number and the year of issue displayed thereon to be issued to persons licensed to hawk, at a fee to be prescribed, not exceeding five shillings.

(e) for requiring hawkers to display the prescribed badge when hawking or offering or exposing goods for sale or hire;

(f)

for prohibiting hawking in any pre-

scribed street, road, way or other part of the

district;

For the purposes of this paragraph the term "hawker" means any hawker, pedlar or other person who with or without any horse or other beast bearing or drawing burden or with or without any vehicle of any kind travels and trades and goes from town to town or to other men's houses there soliciting orders for or carrying to sell or exposing for sale any goods, wares, or merchandise which are either the property of himself or of some other per- son who does not carry on the business of sell- ing goods, wares, or merchandise in a shop or other permanent place of business situated within the State.

(18a) regulating movable or temporarily stall.

fixed stalls in or near any street, road, or way or other place in the district for the sale of any goods, wares, or merchandise, and the management thereof, and the conduct of the persons in charge thereof, and the time when and positions of places in which stallholders shall be allowed to carry on business, and pre- scribing the fees to be paid for stallholders' licenses and for differentiating in such fees, according to the description of goods, wares, or merchandise sold and the position or place on which the stall is situate and for requiring stallholders to use scales;

(c) by inserting in paragraph (34) after the word "For" in line one of the paragraph the words "prohibiting or" and by inserting in para- graph (34) after the word "quarrying" the word "excavating";

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[1938.

(d)	by inserting in paragraph 42 after paragraph (h) a new paragraph, to stand as paragraph

(i)	, as follows:— (f) prohibiting or regulating the making of

noises, in the nature of a nuisance, caused by persons for advertisement purposes address- ing the public or by the use of motor cycles, gramophones, amplifiers, wireless appliances, bells or other instruments or appliances either on or in any street, road, way, or other public place, or upon or in any private pro- perty near or adjacent to any street, road, way, or other public place;

(e)	by inserting after paragraph (47) a new para- graph as follows :—

Lane and

(47a) Permitting and regulating the plant- ing of lawns and gardens in streets by the owners or occupiers of premises abutting thereon, and the laying of pipes under and the installation of taps in streets for watering such lawns and gardens, with water drawn from the private water supply belonging to the owner of such pipes and taps, or with water lawfully obtained by such owner from the Minister or statutory body controlling the supply of water in the district in which such water is required -for such purposes, and pro- hibiting the riding or driving of animals or vehicles over such lawns and gardens;

cardens.

(f)	by deleting paragraph (48) and inserting in lieu thereof a paragraph as follows :-

(48) for regulating the construction and use of verandahs now or hereafter erected over any part of a street, road, or way, for requir ing proper maintenance of verandahs and bal- conies, and prescribing for the removal at the expense of the owner after a maximum period of ten years from the date of the commence- ment of this paragraph of verandahs or bal- conies supported on posts and projecting over the footway of any street, road, or way in any part of the municipality, whether such veran- dahs or balconies were erected before the com- mencement of this paragraph or not.

1938.]

Municipal Corporations.

[No. 49.

28. Section one hundred and eighty-one of the prin- tnt em.

cipal Act is amended by deleting from paragraph (h) of

subsection (1) the words "meat, fish, poultry, game, fruit, and vegetables, or any articles of" and inserting in lieu thereof the words "goods, wares, and."

Amendment

29.

Section two hundred and eighteen of the principal Act is amended by adding thereto a subsection as fol- lows :-

of s. 218.

(2) The council may sell or otherwise dispose of stone and materials obtained from quarries belong- ing to it to any Government department or other statutory body for such purposes as it or they may require, and to any other person who requires such stone or materials for use in the construction, main- tenance, or repair of the footpaths, streets, roads, or ways in the district of the council:

30. section two hundred and ninety-six, as follows:—

A section is inserted in the principal Act, after New section.

296A.(1) Whenever a plan and copy of sped-- Statement of

purpose for

fication in respect of a building to be constructed are which build.	ing is erected
to be

laid before the council for its approval in accord- deposited	mice with the provisions of section two hundred and with council.
ninety-six of this Act, there shall also be deposited with and retained by the council a statement in writ- ing signed by the person for whom the building, to which the said plan and specification relate, is to be constructed, setting forth the purpose or purposes for which such building or any part thereof is, or is intended, to be used.

After such statement has been deposited with the council as aforesaid, neither the building nor any part thereof shall be used for any purpose other than the purpose set forth in the said statement in rela- tion to such building or such part thereof, except by the written authority of the council.

(2)

Any person who uses or permits or suffers to be used any building or any part of a building for any purpose other than the purpose set forth in rela- tion to such building or part of a building in the statement deposited with the council as aforesaid and relative thereto, without first obtaining the

(3)

No. 49.]

Municipal Corporations.

[1938.

written authority of the council so to do, shall be

guilty of an offence.

Penalty: Fifty pounds.

Provided that there shall be an appeal to the Min-

ister against any refusal of the council to grant any such consent as in this section mentioned, and if such appeal is allowed the Minister may grant the requis- ite consent in the name of the council.

Amendment

of s. 311.

31. Section three hundred and eleven of the princi-

Repeal and	pal Act is repealed and a new section is inserted in lieu
new section.
thereof as follows:—
Notice of

required

311. (1) The council may at any time during or

alterations.

after the erection of any building give to the builder

or owner thereof notice

(a)	of any matter or thing in the construction of such building which tends to render such building unsafe or prejudicial to the public interest; or
(b)	of any matter or thing in the construction of such building which is a non-compliance with or a departure from the plans and specifications for such building which have been passed and approved by the council as required by this Act, or is a contraven- tion of by-laws of the council

and thereupon such builder or owner shall pull down or so alter or add to the said building as to remove the ground of objection unless with due diligence he prosecutes an appeal or brings an action under the provisions of section three hundred and thirty- three of this Act when under the said section such an appeal may be prosecuted or such an action may be brought:

Provided that, where the ground of objection stated in any notice given by the council under this section is a non-compliance with or departure from the plans and specifications for a building, there shall not he any appeal or right of action under the provisions of section three hundred and thirty-three of this Act, but any person aggrieved by such notice or any requisition contained therein may appeal

1938.]

Municipal Corporations.

[No. 49.

from such notice or requisition to the Minister, who may uphold, rescind or vary the notice of the coun- cil and the decision of the Minister shall be binding and final.

(2) Whenever any building has been constructed or altered (whether pursuant to a notice from the council or not) the builder or owner thereof shall serve a notification thereof upon the surveyor.

(3)

If, after inspection and survey, the surveyor is satisfied that the said building as constructed or altered conforms with the plans and specification relating thereto approved by the council and with the provisions of this Act and with the by-laws of the council and is otherwise free from any ground of objection which may lawfully be raised under this Act, the surveyor shall, subject to payment of the prescribed fee, give in the prescribed form a certi- ficate in writing signed by him to that effect to the builder or owner from whom he has received the notice provided for by subsection (2) of this section.

(4) The certificate given by the surveyor under

subsection (3) hereof shall be admissible in evidence

and shall be prima facie proof of the particulars

contained therein.

(5)

Provided that any inspection made and any certificate given by the surveyor under this section. may be limited and relate only to fire escapes, ven- tilation and light and air provisions.

Section three hundred and thirty of the principal Act is amended by adding thereto a subsection as fol- lows :-	Amendment
of s. 330.

32.

(2) The powers conferred by tins section may be exercised both in respect of houses, buildings and premises, the construction of which has been com- pleted and also in respect of houses, buildings arid premises which are in the course of being; con- structed.

Amendment

33.

Section three hundred and thirty-three of the principal Act is amended by inserting at the beginning of subsection (1) the words "Subject as otherwise ex- pressly provided by this Act."

of s. 333.

No. 49.]

Municipal Corporations.

[1938.

A mendment

nf s. 395.

34. Section three hundred and thirty-five of the prin-

cipal Act is amended as follows :—

(a) by deleting paragraph (c) of subsection (1) and inserting in lieu thereof a paragraph as fol- lows :-

(c) (i) The thickness and height and the description and quality of the substance of walls and party walls and the type of con- struction to be adopted and used in the con- struction of walls and party walls ;

(ii) The thickness and span and the descrip- tion and quality of the substance of floors, roofs and ceilings and the type of construc- tion to be adopted and used in the construc- tion of floors, roofs, and ceilings;

(b) by deleting paragraph (e) of subsection (1) and inserting in lieu thereof a paragraph as fol- lows:

(e) regulating in respect of buildings erected after the commencement of this para- graph:—

(i) the height of buildings;

(ii) the means of escape from buildings in

case of fire;

(iii) the prevention of fire in buildings;

(iv) the ventilation and lighting of build-

ings;

(v) the exits from and stairways in build- ings, other than private dwelling- houses ;

(vi) the minimum size of rooms in a dwell- ing-house.

(vii) requiring any work or thing in connec- tion with the construction of build- ings to be executed or done with such materials, in such manner and within such period of time as may be directed or required, in the case of any particular building by the council or any officer or person authorised in that behalf by the council;

(viii)

the appointment of referees to deter-

mine disputes between the council's

1938.]

Municipal Corporations.

[No. 49.

officers or surveyors and any other person concerning any matter within this by-law;

(f) the removal of any wall, party wall, floor, roof, ceiling, parapet, flue, or fireplace erected or constructed contrary to any by- law;

(d) by inserting in subsection (1) after paragraph

(j)	new paragraphs as follow :— (j1) prescribing the minimum area and the

minimum depth and the width and frontage of ]and upon which buildings of any specified class may be erected;

requiring that every building of any specified class erected after the commence- ment of this paragraph shall have attached thereto for the exclusive use of the occupiers thereof a prescribed area of open land;

(j2)

(e) by adding at the end of subsection (2) the words "or any specified area or specified areas of such district or to any specified class or speci- fied classes of buildings in such district."

(f) by deleting from subsection (3) the word "twenty" in the last line of the subsection and inserting in lieu thereof the words "one hundred."

35.

cipal Act is amended by adding the following para-

graph:—

Section three hundred and forty-seven of the prin- 40tim se.nddrint

For the erection and maintenance of camps or

bungalows for letting or leasing on or near any beach

or pleasure or health resort within the municipality.

36. section three hundred and forty-seven as follows:-

A section is inserted in the principal Act after New section,

347A. The council may from time to time—	Children's
playgrounds

(1) set aside any portion of any land belonging nun

rounm. en.°

to the council (not being a reserve created under the Land Act, 1933-1937), or any portion of a reserve

No. 49.]

Municipal Corporations.

[1938.

for recreation vested in or placed under the control of the council, for either or both of the following purposes :—

(a) a children's playground;

(b) a women's ground;

enclose and reserve any such children's play- ground for the exclusive use of children of either sex, or of both sexes, and of children under a speci- fied age or of varying ages, as determined by the council;

(2)

enclose and reserve any such women's ground for the exclusive use of women and girls;

(3)

cancel any reservation under either paragraph (1) or paragraph (2) hereof, and throw the area so reserved open to the people for the purposes for which prior to such reservation it was available to the people;

(4)

In addition to any by-laws which the council is authorised to make, either under the Land Act, 1933-1937, or the Parks and Reserves Act, 1895, make any by-laws under this section as may in the opinion of the council be necessary or convenient to be made, for regulating and controlling the use of any such children's playground or women's ground and the conduct of persons using the same;

(5)

(6)	provide a site for the re-erection of historical

buildings.

Amendment

of s. 377;	37. Section three hundred and seventy-seven of the
repeal and

new sections.

principal Act is repealed and new sections are inserted

in lieu thereof as follow:-

Annual

valuations of	377. Subject to this Act every council shall in or
rateable pro-

perty.	before the month of December in each year make a
cf. No. 38 of	valuation of all rateable land within the district on
1919, S. 222.	the annual value, or, with the consent of the Gov- ernor, on the unimproved value, in accordance with the rules hereinafter set forth; and every such valu- ation shall remain in force until a new valuation has been made.
Provided that-

(i) notwithstanding that the system of valuation on the unimproved value is not adopted throughout the district

(a) the council may adopt in any portion

of the district defined for that purpose by

1938.]

Municipal Corporations.

[No. 49.

proclamation the system of valuation on the

unimproved value;

(b) the council may adopt in respect of all or any land within the municipal dis- trict, and also within the limits of a pro- claimed goldfield, or held under mining lease from the Crown, the system of valua- tion on the unimproved value;

(ii) The council may in its discretion, instead of causing fresh valuations to be prepared in any year, use the valuations of the last or any previous year, with such alterations and additions as appear necessary, and no valuation need be made which is not re- quisite for the purpose of assessing rates.

Mode of

377A. Except as hereinafter provided, the unim- proved value of land shall be the capital sum which	making unimproved
value.
the fee simple of such land might be expected to	cf. No. 88 of 1919, a. 228.
realise if offered for sale on such reasonable terms
and conditions as a bona Mc seller would require,
assuming that the improvements (i l' any) thereon had not been made.
Provided that-

(i) town lots held under Crown lease shall be assessed on the unimproved value of such land as if in fee simple; and

(ii) in respect of land held under Crown lease or of which any profit may lawfully be taken by virtue of a Crown lease, the unimproved value shall, subject as herein provided, be deemed to be a sum equal to twenty times the annual rent reserved by the lease; but when such annual rent is reduced under the provisions of the Land Act, 1933-1937, the valuation shall nevertheless be made on the annual rent originally reserved by the lease;

(iii) if any lease referred to in the next preceding paragraph of this proviso is sublet at a higher rent, the value shall be calculated upon the rent reserved by the sublease.

38. Section three hundred and seventy-eight of the	of e. 878.
A m endmen

principal Act is amended as follows:

(a) by deleting from paragraph (f) the words "seven pounds ten shillings" in line three of

No. 49.]

Municipal Corporations.

[1938.

the paragraph and inserting in lieu thereof

the words "ten pounds".

(b) by deleting from paragraph (g) the words "two pounds ten shillings" in lines two and three of the paragraph and inserting in lieu thereof the words "three pounds."

Amendment

39. Section three hundred and eighty-six of the prin- cipal Act is amended as follows:

of a. 886.

(a)	by adding to subsection (1) a proviso as fol-

lows:—

Provided that, instead of keeping a book as mentioned in this subsection, the Council may cause the particulars prescribed in para- graphs (a) and (b) of this subsection to be re- corded by means of any system ofrecord- inc. and accounting approved by the Minister, and such system may be called and referredb to as the rate book;

(b)	by deleting subsection (2) and inserting in lieu thereof a subsection as follows :—

(2) The rate book, howsoever kept, shall be made up and completed in December in each year, and the mayor shall then initial the bot- tom of each page, folio or card, as the case may require, either in his handwriting or by means of a stamp, and by such means initial any alteration or erasure in any such page, folio, or card, and thereafter the rate book shall at all times be open for inspection.

Amendment	40. Section three hundred and eighty-nine of the prin-
of s. 389;

repeal and	cipal Act is repealed and a section is inserted in lien
new section.
thereof as follows:-

Power to	389. Where in any year any rateable land is
amend valu-

ation and	assessed on the annual value, and during the cur-
adjust rate in
certain eases.	rency of such year it appears to the council that by reason of any improvements made to or erected upon such land the amount of the annual value has become greater than the amount of the annual value then assessed, or that by reason of the destruction, dam- age, or demolition of improvements previously made and standing upon the said land, the amount of the

1938.]

Municipal Corporations.

[No. 49.

annual value has become less than the amount of the annual value then assessed, the council may cause the annual value to be reassessed for and in respect of the then unexpired portion of such year, and amend and adjust, either by increase or reduction, as the case may require, the amount of the rates payable upon the said land, to the extent by which such re- assessment of the annual value justifies the making of such amendment or adjustment as aforesaid.

41.

Section three hundred and ninety-nine of the prin- Amendment

of a. 399.

cipal Act is amended by adding thereto a subsection as

follows :-

(5) Except by special leave of the local court hear- ing an appeal under this section, neither party to such appeal shall on such hearing be entitled to lead any fresh evidence or call any witnesses which was not led or who were not called at the hearing of the prior appeal before the council under section three hundred and ninety-seven of this Act.

Repeal o

42. Section four hundred and eleven of the principal 411.

Act is hereby repealed.

Repeal of ss.

43.

Sections four hundred and twenty-nine and four hundred and thirty are hereby repealed and in lieu	429 and 430 am/ new
section.
thereof a new section is inserted as follows:—
Application

429. (1) The moneys arising from the sale of

of proceeds.

the land shall be paid into the local court, and shall	c/. s. 282 ofNo. 38 of
in priority to every mortgage encumbrance, lien,	1919.
caveat, judgment, writ, warrant or other charge, agreement or process registered against or in any way affecting the land, and notwithstanding the dis- ability of any person or any statute of limitations, be applied by the clerk under the direction of the magistrate.

Firstly—In payment of the costs and expenses of the clerk of the local court and of the council of and incidental to the proceedings in the local court and the sale of the land :

Provided that, if the moneys arising from

the sale of the land are insufficient to pay such

costs and expenses, the same or the balance

No. 49.]

Municipal Corporations.

[1938.

unpaid shall be a debt due by the council to the clerk of the local court and may be recov- ered by him accordingly;

Secondly—In payment of all unpaid rates and taxes at the time of the sale due to or imposed in favour of the Crown in right of the State or any department or agency of His Majesty's Government of the State, and also of all unpaid rates due to or imposed by the council and the local authority under the Health Act, 1911-1933, in respect of the land at the time of the sale : Provided that, where the moneys remaining after the payments provided for in the next preceding paragraph have been made are not sufficient for the payment in full of all the rates, taxes, and expenses mentioned and provided for in this paragraph, such moneys shall be distributed between the Crown, the department, the agency, the council and the local authority under the Health Act, 1911- 1933, pro rata with the amounts of their claims respectively;

Thirdly—In payment of any moneys due under any mortgage to the Agricultural Bank;

Fourthly—In payment of all vendor's costs and

expenses of and in connection with conferring

upon the purchaser a clear title to the land;

Fifthly—In or towards the discharge of all or any

other mortgages or mortgage or encumbrances

or encumbrance proved to the satisfaction of

the magistrate of the local court to exist over

the land, due regard being had to the respec-

tive priorities of any such mortgages or

encumbrances;

Sixthly—In payment to the person who would, but for the proceedings for sale, be entitled to the land, or if there are several persons who would be so entitled, then to such persons in the proportions in which they would be re- spectively so entitled:

Provided that, if any person is entitled to

an estate in reversion or remainder in the said

1938.]

Municipal Corporations.

[No. 49.

land, the money may be paid into the Supreme Court under section forty-six of the Trustees Act, 1900.

(2) Notwithstanding anything to the contrary contained in subsection (1) of this section, but sub- ject to the consent of the Governor or of the Min- ister controlling any department or agency of the Government of the State (as the case may require) the magistrate may order that any unpaid rates and taxes due to or imposed in favour of the Crown or any such department or agency as aforesaid shall be postponed to or shall rank on an equal footing with the unpaid rates due to or imposed by the council or by the local authority under the Health Act, 1911- 1933, in respect of the land, and such order shall be given effect to.

44. Section four hundred and thirty-eight of the prin- ,,,yridaent

cipal Act is amended as follows :—

(a) by deleting from paragraph (7) the words "motor-cars" and inserting in lieu thereof the words "aero and motor vehicles";

(b)	by deleting paragraph (11) and inserting in lieu thereof a paragraph as follows :-

(11) the providing of public libraries and public museums, and the providing, laying out and improvement of pleasure grounds, and places of public resort and recreation;

(c)	by adding after paragraph (19) new paragraphs as follow :—

(20) the construction or purchase of con- crete mixers, tar-sprayers, grit spreading machines, gully flushers, street sweepers, scarifiers, tar mixers, bituminous road plant and any other plant or appliance requisite for constructing, repairing, cleaning or flush- ing roads or footpaths;

(21) the construction and providing of municipal depots, stables, acre and motor garages and workshops; and

(22) any other works, plant or machinery approved by the Governor.

No. 49.]

Municipal Corporations.

[1938.

Amendment

of s. 445.	45. Section four hundred and forty-five of the prin- cipal Act is amended by deleting the words "rate of interest" in line five and inserting in lieu thereof the words "maximum rate of interest proposed."
Amendment

of s. 450.

46. Section four hundred and fifty of the principal

ef. s. 245,	Act is amended by adding thereto a proviso as follows :- Provided that, when the proceeds of a loan have been invested in a reproductive undertaking the in- come of which is sufficient to pay interest and sink- ing fund contribution on the money borrowed, the Minister may for such period as he thinks fit exempt the council from its obligation to make and levy a special rate as in this section provided for.
ss. (5),
of No. 38 of
1919.

Amendment	G. Section four hundred and fifty-three of the prin-
of 5.453.

cipal Act is amended by adding thereto a proviso as fol-

lows:—

el. s. 302 of

No. 38 of	Provided that it shall be lawful for the council, and it shall be deemed to have been lawful for a council, on the raising of any loan and the issue of debentures, to provide for the repayment of the prin- cipal money with interest by half-yearly or other periodical instalments in lieu of the formation of a sinking fund, in which case such sum as may be necessary for the repayment of such instalments shall be set aside from time to time and applied to that purpose; and sections four hundred and thirty- nine to four hundred and forty-four both inclusive of this Act shall have effect, mutatis mutandis, sub- ject to this proviso.
1919.
Amendment

of s. 476;	48. Section four hundred and seventy-six of the prin-
repeat and

new section.

cipal Act is repealed and a new section is inserted in lieu

thereof as follows:-

Power of

council as to	476. (1.) The council may in any year do either
spending its

income.

or both of the following things:—

(a) Expend out of the ordinary revenue of the municipality any sum not exceeding three per cent. of such ordinary revenue for any pur- pose connected with the municipality and for the benefit or credit thereof, although such purpose is not within the scope of this Act;

1933.]

Municipal Corporations.

[No. 49.

(b) with the approval of the Governor expend out of the ordinary revenue of the municipality any sum or sums not exceeding in the aggre- gate ten per cent. of such ordinary revenue for any or all of the following purposes, namely:

( i) providing or constructing, maintaining, and improving upon any land, estuary, river, lake or watercourse situated out- side the district of the council but ad- joining or adjacent to such district, but, as to land, not being within the boundary of any other municipal dis- trict or of any road district, and, as to an estuary, river, lake, or water- course, not being situated within any irrigation district constituted under the Rights in Water and Irrigation Act, 1914, any road, aviation landing ground, pleasure resorts, places of recreation and other similar works, which in the opinion of the council are necessary for and will benefit persons residing within the district of the council ;

(ii) subsidising the council of any adjoining municipal district or the road board of any adjoining road district in respect to the expense to be incurred by such last-mentioned council or road board in providing or constructing, maintain- ing and improving within the district of such last-mentioned council or road board any road, aviation landing ground, pleasure resorts, places of recreation, and other similar works, which in the opinion of the first-men- tioned council are necessary for and will benefit persons residing within the district of the first-mentioned council granting a subsidy as aforesaid; and

(iii) providing all forms of tourist propa-

ganda both within the district of the

council and elsewhere in connection

No. 49.]

Municipal Corporations.

[1938.

with or in relation to any tourist resort within the district of the council.

(2) Subject to subsection (1) hereof, the whole of the ordinary revenue of any municipality shall be applicable solely to doing or carrying out those things which by this Act the council is empowered or required to do or carry out.

Amendment

Section four hundred and seventy-seven of the principal Act is amended by adding at the end of sub- section (2) the words "but save and except as aforesaid, any adult person who is a natural born or naturalised subject of His Majesty (whether he be the owner or occu- pier of rateable land in the municipality or not) and who holds a certificate of competency from a recognised insti- tute of accountants, or the approval in writing of the Minister, shall be qualified for election as auditor for the municipality."

of a. 477

49.

Repeal of	50.	The Seventh Schedule to the principal Act is
Seventh

Schedule.	hereby repealed.
Amendment

of Ninth

51.

The Ninth Schedule to the principal Act is amended by deleting the words "counterfoil number" where they appear in each of the forms con- tained in the said Ninth Schedule and by delet- ing all the words contained in lines one and two of the "Directions" at the foot of the form in such schedule and inserting in lieu thereof the words "If there are only two candidates nominated for election the elector shall mark his vote on the ballot paper by placing the numeral '1' opposite the name of the candidate for whom he votes first in the order of his preference. If there are more than two candidates, the elector shall mark the ballot paper by placing the numeral '1' oppo- site the name of the candidate for whom he votes as his first preference, and he shall give contingent votes for all the remaining candidates by placing the numerals '2,"3' and so on (as the case requires) opposite their names so as to indicate by such numerical sequence the order of his preference."

Schedule.

Amendment

52.

The Seventeenth Schedule to the principal Act is amended by inserting in the form in such Schedule next to the column with the headline "Net Annual Value" an

of Seventeenth

Schedule.

19381

Municipal Corporations.

[No. 49.

additional column with the headline "Unimproved

Value."

The Eighteenth Schedule to the principal Act is to the column with the headline "Annual Value" an addi- tional column with the headline "Unimproved Value."	Amendment
of Eighteenth
Schedule.

53. amended by inserting in the form in such Schedule next

54.

(1) The principal Act as amended by this Act tip rciintaincol

Lend-

by all prior amending Acts may be reprinted under

ments.

the supervision of the Clerk of the Parliaments.

(2) In any such reprint-

(i) the sections may be renumbered in arith- metical sequence and the cross references adjusted ;

(ii) alphabetical or numerical references before paragraphs or subsections of sections may be relettered or renumbered in sequence, and where the letters of the alphabet are exhausted the succeeding paragraphs may be lettered (Za), (Zif„ and so on ;

(iii) the Schedules may be renumbered, and any reference to the Schedules may be altered to conform to such renumbering.

(3) The principal Act as amended by this Act and

Citation ofprincipal Act

by all prior acts amending the principal Act may be cited	as amended.
as the Municipal Corporations Act, 1906-1938.