Municipal Institutions Act 1876 Amendment Act 1885 (WA)

alotern attotratia.

ANNO QUA_DRAGESIMO NONO

VICTORI}E REGINA:.

No. XVII.

AN ACT to amend " The Municipal Insti-

tutions Act, 1876."

[ Assented to, 24th September, 1885. ]

HEREAS it is expedient to amend " The Municipal Insti-

Governor of Western Australia and its Dependencies, by and withWtutions Act, 1876 " : Be it enacted by His Excellency the

the advice and consent of the Legislative Council thereof, as

follows :—

1.    THIS Act may be cited as " The Municipal Institutions Title.

Act, 1876, Amendment Act, 1885."

2. THE 31st Section of " The Municipal Institutions Act, Extension of hours

1876," is hereby amended by omitting the words in the second line of elections.

"one o'clock in the afternoon," and substituting in lieu thereof the

words " eleven o'clock in the forenoon."

3.     THE 32nd Section of the said Act is hereby amended by

omitting the word "five," in the second line, and substituting in of polling.	Extension of hours
lien thereof the word " six."

49° VICTORIA, No, 17,

Municipalities Act—Amendment.

•

.

Permanent works 4. "THE Municipal Institutions Act, 1876," Section 99, is

and undertakings. hereby amended by adding the following words :—

1 3 . The permanent paving and kerbing of footpaths, either

with flagging, timber, slate, cement, or asphalte.

" 14 . Erection of lamp posts, lamps, and all necessary

connections for lighting the city with gas."

5.      THE council may manufacture or contract for the manufac-

facthre gas. pality, and provide or contract for gasometers and all requisite Counoil may maim- tune of gas for lighting the streets and public places of such munici-

apparatus and machinery, and appropriate, purchase, or rent any land which may be necessary for the establishment of such manufacture.

THE council shall have power from time to time to appoint and fix places in the public streets of the municipality to be used as public stands for licensed vehicles plying for hire, and from time to time to alter, vary, or cancel, and remove stands so appointed, notwithstanding any such stands may have been or may be declared, included, or named in any by-law of the corporation, and the council may appoint other stands as to them may seem necessary, and may direct, order, and fix the number and class of licensed vehicles to be allowed at any one time to ply for hire on any such stands as to them may seem expedient.

6.

Oar age ands.

7.     THE council may authorise the mayor for the time

Temporary stands

may be appointed by

being, as circumstances may arise, to appoint temporary stands in

mayor.

any of the public streets, and to cancel such temporary stands as

may to him seem expedient.

8.      IF it shall at any time appear to the council that any pro-

Amendi ratebooks. perty which ought to be included in any assessment book shall

have been omitted therefrom, or that the name of any person has been inserted therein as the owner or occupier of any property in respect of which some other person ought to have been assessed, or that any other matter purely of error shall need rectification, the council may cause a description of the property so omitted and the name of the owner or occupier to be inserted therein, together with the annual value at which such property shall be assessed, and may also substitute for the name of the person erroneously inserted therein as the owner of any property assessed the name of the true owner or occupier thereof, and correct any such other error in the said assessment book as may be requisite.

9.      THE council may in their discretion, instead of causing to

Council il may use pre-

vious year's rate be prepared and published a fresh assessment in any year, use the

books.

49° VICTORLE, No. 17.

Municipalities Act—Amendment.

assessment of the last or any previous year, with such alterations and additions as may appear necessary, and such assessment, with such alterations and additions as aforesaid, shall, on public notice being given that the same will be used as the assessment for the ensuing year; be deemed to have been duly made and published under the requirements of the principal Act.

ANY council, pending the collection of any rates or subsidies may, for the purpose of carrying on or completing public works then in progress, obtain advances from any bank by overdraft of the cur- rent account ; but no such overdraft shall at any time under any circumstances exceed one-fourth of the prior year's income.

in aid of rates or grants which may be payable by the Government, Overdraft. 10.

THE one hundred and twenty-third section of the Munici- palities Act, 1876, is hereby amended by adding the following	Re-appropriation of
surplus of loan
words at the end of the section :—" Provided, however, that the	monies.
council of any municipality may re-appropriate any such surplus to the continuation of the works for which the loan was incurred or to other undertakings of permanent utility. But such re-appropriation shall not be made until the council has been specially convened for that purpose, nor until one month after such meeting, when the council shall be called to confirm such re-appropriation, during which time plans and specifications shall be laid upon the table for inspection by the ratepayers."

11.

THE roof-flat or gutter of every building, and every balcony, shop-front, or other projection must be so arranged and Intsnsiemicler

foot-

constructed, and so supplied with gutters and pipes as to prevent the va

water therefrom dropping upon or running over any public way,

but the water therefrom must be conducted through a pipe or trunk

under the footway to the street gutter or drain, to the satisfaction

of the surveyor or other officer of the council duly authorised.

12.

ALL penalties under this Act, and all orders for the pay-

ment of money or otherwise, may be enforced and recovered sum- Pmezibteieesaanoclemeaonao3yusi 13.

manly before any two or more Justices of the Peace in Petty recovered sum- sections A, C, F, G, H, and I of "The Shortening Ordinance, 1853," shall be incorporated with and taken to form a part of this Act to all intents and proposes, and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Act. Provided that any person who shall think himself aggrieved by any order made under this Act for the payment by such person of any sum exceeding Five pounds, or by the infliction of any penalty ex- ceeding Five pounds, or of any term of imprisonment, shall have the right of appeal mentioned in Section I aforesaid.

49° VICTORLE, No. 17.

Municipalities Act—Amendment.

14.      ALL penalties and other sums of money recovered sum-

Penalties and other

moneys recovered

marily or otherwise under this Act, or under any of the by-laws

under the net to be

the property a the

made under the provisions of this Act, shall be paid to the council

council.

of the municipality, and shall become the property and part of the

ordinary income of the municipality.

Act. asimilated. 15. THIS Act and the Municipal Institutions Act, 1871 and

1876, and all amendments of the said Acts, shall henceforth be read

together as one Act.

In the name and on behalf of the Queen I hereby assent

to this Act.

F. NAPIER BROOME, Governor.

By Authority: RICHARD PETRER, Government Printer, Perth.