Municipal Institutions Act 1895 (WA)

The Municipal Institutions .let, 1895.

(58th Vic., No. 10.)

ARRANGEMENT OF SECTIONS.

PREAMBLE. 17. Custody of seal, &c.

Seetiou. 18. General and special meetings of rate-

1. Short Title and Commencement. payers.

2. Division of Act. 19.Ordinary and special meetings of

council.

20. Quorum of council to consist of one- third of its members. Mayor to have casting vote.

PART 1. 21. Business of council may be carried on

PRELIMINARY. notwithstanding vacancy.

3. Interpretation. 22. In cases of inability of office-bearer to

4. Repeal of Acts.	perform duties, mayor or council
5. Provision for continuing existing cor-	may appoint other person to do so.

porations and wards. 23. Council may appoint committees.

Appointments to be continued.	24. Proceedings need not be approved.
Actions and other proceedings.	25. Committee may appoint sub-com-

Vesting of property. mittee.

Rates and debts.	26. Power of committees to be limited.
Rights, powers, liabilities, contracts,	27. Meetings of committee.

engagements. 6. Corporations to have common seal,	28. Chairman of committees.
29. Disqualification to vote.

power to hold and alienate pro-	30. As to proceedings falling on a Sunday,
perty, both real and personal.	Good Friday, Christmas Day, or 31. Penalty for acting as councillor being

7. Reference to Acts repealed.	holiday.
incapacitated.

32. Disqualification of mayor, councillor, or auditor not to avoid their acts.

33. Council to keep minutes of proceed-

PART II. ings.

CONSTITUTION OF MUNICIPALITIES. 34. Minute book evidence of proceedings.

8. Constitution of council. 35. Copies of and extracts from minute

9. (r.) Power of Governor to declare book to be evidence.

municipalities. 36. Mayor to preside.

(2.) (a.) Declare wards. (b.) Sever portion. (a.) Alter boundaries.

cf.) Diminish number of wards.

(a.) Create new wards.

(f.) Extend limits of municipality.	PART III.
(g.) Declare number of popula-

tion. ELECTORS.

(3.) Rights and liabilities to be settled. 37. Qualification of electors of mayor,

10. Governor may change the style of auditors, and councillors.

council and chairman. 38. Mayor and auditors to be elected by

11. Government Gazette to be evidence.	persons whose names are on muni-
12. Statutes and documents to be read as	cipal electoral list. Proposed loan

if changed name, style, or title were	to be decided by voters on numicipal
therein inserted.	electoral list. Councillors, by per-

13. Appointment and remuneration of sons whose names are on ward list.

officers. 14. Auditors to be elected in each munici-	39. Electoral list, how made up.
40. Where no council, Governor may ap-

pality. 15. Council may allow remuneration to	point person to settle and revise
lists, and may fix certain dates, &c.

auditor, returning officer, and poll 41. Governor may appoint time for doing

clerk. 16. Remuneration on resignation or abo-	anything connected with electoral
lists not being done within time pro-

lition of office. scribea.

Municipalities.

42. Persons omitted from or dissatisfied 78. Errors of form not to vitiate elections.

with such lists may claim to have	79. Disposal of ballot papers.
their names inserted.	80. Penalty for returning officer, &c.,

43. Lists to be published of persons claim- divulging the name of candidate for

ing and of persons objected to. whom any person voted.

44. Council of every municipality to hold 81. Offences in respect of voting.

a court for revision of list. 82. Bribery and corruption.

45. Powers of such court. 83. Bribery or corruption disqualifies

46. Hearing of claims and objections, and candidate.

correction of lists. 84. Punishment for bribery and corrup-

47. Costs in cases of frivolous, &c., claims tion.

or objections. 85. Penalty for receiving or offering

48. Certificate, &e., of revision. reward as to vote.

49. Lists to be delivered to officer.	86. Canvassing by candidate.
50. Lists so signed to be voters' lists.	87. Canvassing by salaried officer of cor-

51. Clerk to furnish copies of lists. poration.

52. Copy of lists to be evidence.	88. Power to the Supreme Court to oust
53. Omission to publish, &c., not to invali	from office persons unduly claiming 89. Procedure for the foregoing purpose.

date proceedings.	to be Councillor.
Disputed elections, &c.

90. Supreme Court may direct an inquiry

to be made.

PART IV. 91. Mayor, auditors, and councillors,

QUALincATION FOR ELECTION. when to enter on office.

51.. Disqualifications Tor election. 92. Mayor, auditors, and councillors,

55. Qualification of councillors, mayor, when to resign office.

and auditors. 93. Provision for extraordinary vacancies.

56. Qualifications of councillors, auditors, 94. Notice o£ .clection to fill extraordinarycy.

and mayors of Perth, Fremantle, and

Albany.

95. Election to fill extraordinary vacancy.

96. Duration of office of person elected.

97. No mayor, councillor, or auditor to

enter on office till he has taken oath.

PART V. 98. Resignation.

ELECTION OF COUNCIL.

57.Time of election of mayor, auditors,

and councillors.

58. Time of election of additional coun- PART VI.

cillors. FOWRIts AND DITTIES OF CouNCTLS.

59. Appointment of returning officer. 99. Powor to council to make by-laws.

60. Candidate for election to give seven (1) Bathing.

days' notice thereof to the returning	(2) Baths.
officer.	(3) Bazaars.

61. Proceedings at elections.	(4) Chimney sweeps.
62. Manner of taking poll.	(5) Contamination of water.
63. Returning officer may appoint dde-	(6) Crossings.

puty and poll clerks. (7) Dairies.

64. Scrutineers.	(8) Disorderly places and conduct.
65. Voting to be by ballot.	(9) Elections.
66. (1.) Ballot papers.	(1o) Fencing.

(2.) Voting papers. i) Fires.

67. Ballot box to be provided.	(12) Goats.
68. Ballot papers to be given to persons	(13) Hawking licenses.

applying. (1 4) Horses.

69. Manner of voting by ballot.	(15) Loans.
70. Questions which may be put to voter	(16) Markets.

at elections by ballot. (17) Notices.

71. Provision with respect to ballot papers 8) Officers.

inadvertently spoilt. 9) Park lands and reserves.

72. Voting by proxy in certain eases. (zo) Passenger and other vehicles ply-

73. Returning officer to ask certain ques- ing for hire.

tions in case of proxy voting. (21) Proceedings.

74. Keeping order in polling place.	(22) Public property.
75. (s.) Ascertainment of the poll.	(23) Rates.

(2,) Declaration of the poll. (24) Scavengers.

76. Publication of result of elections in (25) Signboards.

Government Gazette. (26) Slaughter-houses.

77. Adjournment of polling in case of (27) Streets and footways.

riot. (28) Swine.

Illunicipalities.

(29) Structru es of iron, zinc, or tin. 134.Formation and repairs of private

(30) Traffic. streets.

(3x) Refreshment stalls.	135.Notice of laying out new streets.
(32) Verandahs.	136.Persons constructing street contrary

(33) Spikes, glass, wire, &c.	to level fixed by the council to pay
(34) Notices and plans.	expenses consequent upon a change
(35) Generally for carrying out the	in the level.

objects of this Act. 137.Width of private streets.

100.By-laws to be approved by the Gov- 138.Power to council to improve park

ernor in Council and gazetted. lands and reserves.

101.By-laws to be enforced by penalty. 139.Council to have certain powers as to

102.Existing by-laws to be preserved.	weights and measures. 3 W. IV.,
103.Provisions as to offences punishable by	No. 2.

summary proceeding applicable to 110. Council may exercise powers of Sur-

offences against by-laws. veyor General under 16 Vic., No. 16.

104.Certified copies of by-laws to be evi- 141. Cart fees may be imposed by munici-

dence. 105.Council may grant licenses for certain pality.

112. Overhanging gutters or eaves.

purposes. 106.Dancing rooms may be licensed. 143.Council empowered to light the city, or parts thereof, with oil, gas, or

107.License may be refused or cancelled. otherwise.

103. Penalty where dancing saloon not	144.Lighting rate.
licensed. 109. Council to have certain powers as to	145.Management of sewers and drains.
146.Power to remove and treat nightsoil.

public places, streets, roads, chains, 147.Prevention of fires. Council may

wharves, de. take measures for providing supply

110, Power to make, open, and cleanse of water for use in the event of fire.

drains on lands adjoining streets. Procure fire engines and other ap-

111.Power to plant trees and erect guards.	paratus. Organise fire brigades,
112.Carriage stands.	pay officers, etc. Give rewards. Fire
113.Temporary stands.	alarm bells.

114.. Footways may be paved, and a moiety 148.The council may construct public

of the expense recovered. fountains and urinals.

115.Council to keep buildings in repair.

116.Power to lease for purposes of cricket,

&c. 117.The council may lease ends of streets

for wharves. 118.Reserves for water supply may be PART VII.

FINANCIAL.

declared. 119.Private streets may be declared public 149 (r) Counciltoprepare annual estimate.

(2) Provisions in case of newly de-

streets. 120.No street to be hereafter set out less clared municipality.

150.Income of municipality, how made up.

than 66 feet wide. 151.Council authorised to strike a rate.

121.Streets, squares, and public places to 152.Lands exempted from rating.

be aligned, and width of footpaths 153.Valuation of rateable land.

determined. 122.Steam road rollers.	154.Rates to be assessed oath° annual value.
155.Mode of making valuation.
123.Council may compel owner to clear	156.New valuation to be made.

and fence laud. 157.Valuers.

124.In default of clearing or fencing by 158.Declaration of value.

owner, the council may fence and	159.Penalty for wilfullyincorrect valuation.
clear land at his expense and re-	160.Entry on premises by valuer.
cover expenses.	161.Valuers may make inquiries.

125, Posting bills, &c., in public places 162.Manner of snaking up the rate book.

without permission of the council. 163.Amending rate book.

126.Council may paint or affix names of 164.Manner of making rate. Who liable

streets on any house. to pay rates.

127.The council may assign a number to	165.Notice of valuation and rate.
each house. 128.The council may cause any street to	166.Appeal against rates.
167.Entry of appeal.
be watered. 129.The council to keep footways in streets	168.How rates may be recovered.
169.Distress for amount payable in respect

of the same widths and levels. of rates, and costs, charges, and

130.The council may fence footways for expenses.

safety of passengers. 170.Warrant of distress.

131.Crossing places over footways.	171.Rate books to be evidence.
132.Owners of property requiring com-	172.Amount payable in respect of rates to

munication with main street. be apportioned in certain cases.

133.Council may require owners or occu- 173 Remedy to owner not being primarily

piers of premises to make and repair	liable to pay a rate having paid the
crossing places from any street.	same.

iv.

Municipalities.

174. Notice of subdivision or transfer of 209. Commission to receiver.

rateable land to be given to local	210. Transfer of sinking fund to receiver.
authority.	211. Purposes for which receiver is to hold

175. Persons liable may be resorted to in moneys.

succession. 212. Separate account to be kept of every

176. Occupier refusing to give name of loan. Re-appropriation.

Owner liable to penalty.

177. List of defaulters to be published.

178. Land may be sold for arrears of amount

due in respect of rate remaining un- PART IX.

paid for eighteen months. ACCOUNTS AND AUDIT.

179. Certificate of sale to be given to pur-

chaser. Certificate of title to be 213. Books of account, and inspection by

issued. Usual fees to be paid. persons interested.

180. Person ordered to sell need not have 211. Half-yearly balance and audit.

auctioneer's license. 215. Persons interested may be present.

181. Bank account.

216. Annual financial statement.

182. Overdraft.

217. Duty of auditors.

218. Power of council as to expending its income.

219. Duty of auditors.

220. Special auditors may be appointed.

PART VIII.

221. Accounts to be balanced for special

audit, and books of account, Sm., to

LOANS. be laid before auditor.

183 Power to council to borrow money.	222. Expenses of special audit.
184. Purposes for which money to be bor-

rowed.

185. Amount which may be borrowed.

186. Permanent works and undertakings.

187. Plans, specifications, estimate, and PART X.

statement to be prepared before bor- MISCELLANEOUS PROVISIONS.

rowing. 223. (1.) Notice of action to be given with-

188. Gazette notice to be published before in twenty-eight days.

borrowing. (2.) Limit of time for bringing ac-

189. Power to demand the submission of tion.

the proposal to borrow to the rate- (3.) If notice not given Court may

payers. stay all proceedings.

190. Votes of the ratepayers, how taken. 224. Expenses recoverable from occupier

191. Power to council under certain cir- may be recovered in a summary

cmnstances to proceed to raise	manner, and in default of occupier
money.	may be recovered from the owner.

192. Money to be raised by sale of deben- 225. How expenses to be recovered from

tures. owner.

193. Manner of making debentures.	226. Contracts by Council how made.
194. All debentures valid under certain	227. Service of notices.

circumstances. 228. Operation of notices.

195. Whenever any council has borrowed 229. Penalties for obstructing the execution

money it shall strike special rate. of this Act.

196. Application of proceeds of special rate. 230. Penalties for disobedience of this Act

197. All provisions of this Act as to general or of by-laws.

rate to be equally applicable to	231. Jurisdiction and recovery of penalties.
special rate.	232. Proof in legal proceedings.

198. Sinking fund.	233. Proof of ownership or occupancy.
199. Power to purchase debentures.	234. Signature of Deputy or Assistant

200. Sinking fund may be placed at fixed Registrar to be judicially noticed.

deposit. Registrar to furnish certificate when

201. Investment of the interest of sinking required.

fund. 235. Documents signed by mayor, clerk, or

202. Application of sinking fund to meet surveyor to be admittedin evidence.

debentures. 236. Shortening Ordinance incorporated.

203. Power to treasurer to transfer sinking	237. Appeal.
fund after re-purchase of debentures. 204. When treasurer may transfer.	238. Penalties to be paid to Council.
239. Power to arrest offender against by-

205. Priorities of debenture holders.	laws.
206. Power to appoint a receiver if munici-

pality make default.

207. Power to remove receiver.

208. Powers of receiver. SCILEDULPc

Mastern Caticatratia.

ANNO QUINQUAGESIMO NONO

VICTORIA', R1-4,GIN/E.

******************a*************************************

No. X.

AN ACT to consolidate and amend the Law

relating to Municipalities.

[Assented to, 2gth, August, 495.]

HEREAS it is expedient to consolidate and amend the law Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :— blo.

W relating to Municipalities: Be it enacted by the Queen's Prea

1. Institutions Act, 1895," and shall come into force on the passing iSnhoonroterm	THIS Act may be cited for all purposes as " The Municipal	liettand com-
hereof.

2. THIS Act is divided into ten parts, as follows :— Division of Act.

PART I.—PRELIMINARY, SS. 3-7.

PART II.—CONSTITUTION OF MUNICIPALITIES, SS. 8-36.

PART III.—ELECTORS, ss. 37-53.

PART W.—QUALIFICATION FOR ELECTION, ss. 54-56.

PART V.—ELEcTioN OF COUNCIL, ss. 57-98.

PART VI.—POWERS AND DUTIES OF COUNCILS, ss. 99-148.

PART VII.—FINANCIAL, ss. 149-182.

PART ss. 183-212.

PART IX.—ACCOUNTS AND AUDIT, ss. 213-222.

PART X.—MISCELLANEOUS, ss. 223-239.

59° VICTORT}E, No. 10.

31unicipalities.

PART I.—PRELIMINARY.

3, IN the construction of this Act, except where the subject

Interpretation. matter or context or other provisions hereof require a different con- struction, the following terms in inverted commas shall have the respective meanings hereinafter assigned to them (that is to say) :—

" Corporation " shall mean any Municipal Corporation now in

existence or hereafter to be created.

Council " shall mean the Council of a Municipality.

" Governor " shall mean the Officer for the time being adminis- tering the Government of the Colony of Western Australia, acting with the advice of the Executive Council.

Land " shall include, except for the purpose of the valuation of the capital value of land, all houses, buildings, and other structures erected thereon, but shall not include any machinery, whether affixed to the soil or not, for the pur- pose of the valuation of the annual value or the capital value.

" Mayor " shall include the chairman of a council.

" Municipality " shall mean any locality the citizens or inhabit-

ants of which are already incorporated or become

incorporated under this Act.

" Occupier " shall mean the inhabitant occupier of any land, or if there is no inhabitant occupier, the person entitled to the possession thereof, and shall include leaseholder.

" Owner " shall include the person for the time being receiving

or entitled to receive the rents and profits of any lands

within any Municipality, whether on his own account

or as agent, trustee, or attorney for another person.

" Pave, paved and paving " shall mean and include paving with asphalt, flags or other stones, or any other material which the Council deem it expedient to use fot such pmvose.

" Passenger Vehicle " shall include any carriage, waggonette. cabriolet, cab, public conveyance, coach, omnibus, spring cart, or other vehicle of like nature plying for hire.

" Public Place " shall include every street, lane, footpath. court, and alley which the public are allowed to use, and whether formed on private property or not, within the limits of a Municipality.

" Returning Officer " shall include Deputy Returning Officer.

Surveyor " shall mean the Surveyor for the Municipality or

other Officer authorised to act as such for the time

being.

59° VICTORI}E, No. 10.

k[nnicipalities.

" Street " shall include every square, place, alley, court, road,

way, terrace, and thoroughfare which the public are

allowed to use within the limits of a Municipality.

" Town Cleric " shall include the Clerk of the Municipality, or

any officer appointed to act as such for the time being.

4. repealed, but such repeal shall in nowise affect the validity of the

THE Acts specified in the First Schedule hereto are hereby incorporation of any existing municipality or any proclamation, election, bond, debenture, act, deed, matter, or thing lawfully made, held, issued, executed, validated, or done under or by virtue of the authority of the said repealed Acts or of any of them, or of any by-laws lawfully made in pursuance thereof, nor the name, style, or title of a corporation, or of an officer of a corporation, as prescribed by statute, proclamation, or otherwise, before the passing of this Act, nor any right, privilege, or immunity accrued, any liability, for- feiture, or penalty incurred, any offence committed, or anything clone or omitted to be clone before the passing of this Act, nor any legal proceedings commenced or hereafter to be commenced with respect to any such right, liability, forfeiture, penalty, offence, or thing.	Repeal of Acts.
First Schedule.
5. stituted, designated, or appointed by or under any of the Acts hereby
ALL corporations and wards now existing and heretofore con- repealed, shall be and continue corporations and wards under and	Provision for
continuing existing
corporations and
wards.
subject to the provisions of this Act ; and all mayors, councillors,
auditors, and officers, or other persons appointed, elected, or holding,	Appointments to be
under or by virtue of any of the Acts hereby repealed, any offices	continued.
which it would be lawful for such persons to hold under the
provisions of this Act, shall continue in and hold such offices under
and subject to the provisions of this Act ; and all actions, prosecutions,	Actions and other
and other proceedings whatsoever instituted before this Act conies	proceedings.
into force by or against a corporation may be continued without
alteration of any pleading, legal process, or record; and all lands,	vesting of property.
tenements, hereditaments, and premises, and property of every
description whatsoever vested in, belonging to, or under the care,
control, or management of any corporation or council, shall be and
continue vested in, belonging to, and under the care, control, and
management of such corporation or council; and all rates and debts	Rates and debts.
due before this Act conies into force to any corporation may be collected, levied, and recovered in the manner provided by this Act
Rights, powers,
for the recovery of rates and debts ; and all the rights, powers,	liabilities, contracts,
liabilities, contracts, and engagements of any corporation, or of any	engagements.
officer or other person appointed or elected under the provisions of any of the said repealed Acts, or into which any such corporation, officer, or person has entered, or to which any such corporation, officer, or person is entitled or subject under any of the said

59° VICTORIX, No. 10.

Municipalities.

repealed Acts, before this Act comes into force, may be enforced by and against every such corporation, officer, or person in the same manner as if this Act had not been passed.

Corporations to have 6. ALL corporations shall have perpetual succession and a

common seal, power	common seal, and under the name or style of their corporation may
to hold and alienate
property, both real	sue and be sued in all Courts, and may accept, take, purchase, and
and personal.	hold real and personal property of what description soever to the use and for the purposes only of the corporation, and may grant, alienate, and convey, sell, assign, or demise any real or personal estate, and generally may exercise, subject to the provisions of this Act, all powers incident to a body corporate: Provided that, except as herein- after mentioned, no such power shall be exercised in respect of any such estate held upon any specific trust, inconsistent with the exercise of such power.

WHERE by any statute, by-law,. instrument or other docu- ment, reference is made to any Act hereby repealed, or any of the provisions thereof, the statute, by-law, instrument or document shall be construed and have effect as if reference were made therein to this Act or the corresponding provisions hereof.

7.

Reference to Acts

repealed.

PART IL—CONSTITUTION OF MUNICIPALITIES.

SUBJECT to the provisions of this Act, for the government of every municipality there shall be a council, which shall consist, where the population is declared by the Governor as hereinafter mentioned to be

Constitution of

council.

(a.) Under one thousand, of a chairman and six councillors ;

(b.) Over one thousand and not exceeding five thousand, of a

mayor and nine councillors ;

(c.) Over five thousand, of a mayor and three councillors for

each ward.

Provided that where a municipality is divided into wards, the council shall at all times consist of an equal number of members for each ward.

9. ( .) THE Governor may declare and proclaim any town

Power of Governor

to declare monied.

or any locality containing rateable property capable of yielding,

palities.

upon a rate not exceeding one shilling in the pound on the annual value thereof, calculated under the provisions of this Act, a sum of three hundred pounds, to be a municipality, and may by the same or any subsequent proclamation define the boundaries of such municipality ; and upon the publication of such proclamation in the Government Gazette the inhabitants of such town or locality and their successors, inhabitants of the same, shall be and the

59" VICTORIIE, No. 10.

.31undeipalities.

same are hereby constituted a body corporate awl politic by and under the name, style, and title to be mentioned in such proclamation.

(2.) And the Governor may, by like proclamation published

as aforesaid,

(a.) Divide a municipality into wards and define the Declare wards.

boundaries of such wards.

(b.) Sever any portion of a municipality therefrom and	either declare such portion to be a. new municipality potion.	Sever	or	on	.
or annex the same to any other municipality with which the portion so severed forms one continuous area, and from time to time make any apportionment of property, rights, and liabilities, and give ally directions as to any matters and things that may be necessary to do justice as between the municipal- ities concerned.

(c.) Alter the boundaries of a municipality or ward.	Alter boundaries.
(d.) Diminish the number of wards within a municipality.	Diminish number
(e.) Create new wards within a municipality.	of wards.Create new wards.

(f.) Declare any land adjoining a municipality, but not Extend limits of

being part of the same, to be united with the same. (g.) Declare the number of the population of a municipality.

municipality.

Declare number of

population.

(3 .) When, in consequence of the exercise of any of the foregoing powers, any rights, liabilities, or matters require to be	Rights and liabilities
to be settled.
adjusted, the Governor may, by order, settle and adjust the same.

10.

UPON the application of the council of a municipality the Governor may change the name, style, and title of such council, by	Governor may
council and
change the style of
proclamation published in the Government Gazette, to such name,	chairman.
style, and title as he may think fit, and may alter the name and style of the chairman of such council to the name and style of mayor of such municipality ; and from and after the publication of such proclamation such council shall continue to have all and the like rights, privileges, liabilities, and immunities as it had previously to such change ; and the mayor of such municipality shall have all the rights, privileges, liabilities, and immunities as such chairman had previously to such change.
11. printed by the Government Printer, containing any such proclama-
A COPY of the Government Gazette, purporting to be tion as aforesaid, shall be received in all places and at all times as evidence of the facts mentioned in such proclamation.	Government Gazette
to be evidence.
12. ment or notice, or in any proceedings of what kind or nature	WHENEVER in any statute, by-law, or other public docu- soever, reference is made to the chairman of a council or to a council	Statutes and
documents to be
read as if changed.

59° VICTORI1E, No. 10.

Municipalities.

by its corporate name, style, or title, and: subsequently to the date

name, style, or title

were therein	when such reference is made, the name and style of such chairman
inserted.	has been changed to that of mayor, or the name, style, or title of such council has been changed under the provisions of this or any other statute, such reference shall be deemed to be made to such mayor or to such council by its name, style, or title so changed as aforesaid.

THE council shall appoint, from time to time, a treasurer their duties ; and may assign remuneration to such officers and ser- vants; and may remove them for misconduct or neglect, and appoint others in their stead ; and may require the treasurer and any other officer to give security, or a bond with two sureties for a reasonable sum, to be respectively approved by the council, for the fair and diligent discharge of his duties.

Appointment and 13.

remuneration of	and such other officers and servants as are necessary, and define
officers.
Auditors to he

elected in each 14. FOR the due examination of the accounts of each council,

municipality.	two auditors shall be elected annually, as hereinafter mentioned.
remuneration to

Council may allow 15. THE council may determine whether any and what

auditor, returning	remuneration shall be allowed to any person exercising the office of
officer, and poll
clerk.	auditor, returning officer, and poll cleric

ON the resignation of any officer or servant, or on the the council may in its discretion cause to be paid to such officer or servant any gratuity not exceeding the amount of one month's salary for each year of the service of such officer or servant: Provided always, that the payment of any such gratuity shall be disallowed by the auditors, unless such expenditure is confirmed and allowed by a vote taken at the next general annual meeting of the ratepayers.

16.

Remuneration on

resignation or aboli	cessation or abolition of the office of any such officer or servant,
tion of office.

17.      THE common seal and all deeds and records of the corpora-

Custody of seal, &c.

tion shall be kept in such place and in such custody as the council

directs.

.) THE council shall hold two general meetings of rate- months of May and November, that held in the month of November being the general annual meeting ; and also special meetings upon -the requisition of any three or more members of such council.

18.

General and special

meetings of rate-

payers within each year, namely, on the second Monday in the

payers.

(2.) The council shall give seven clear days' notice of the clay

on which such general or special meeting will be held by publishing

such notice in some newspaper, if any, circulating in the municipality,

59° VICTORIX, No. 10.

Municipalities.

and by posting such notice in some conspicuous place or places outside the building in which the council usually assembles for the transaction of business.

19.

THE mayor shall call all ordinary meeting of the council at whatever place the council decides upon, for the transaction of	Ordinary and special
meetings of council.
ordinary business, at least once a month ; and the mayor may call a special meeting of the council as often as he thinks proper, and shall call such meeting on receiving a requisition for that purpose signed by at least one-third of the number of the councillors ; or, if he refuses or delays to call such meeting after receiving such requi- sition, the councillors signing such requisition may call such meeting : Provided that of every ordinary or special meeting notice of at least twenty-four hours shall be given to each councillor, signed by the person or persons calling the meeting, and stating therein the business to be transacted.

NO business shall be transacted at any meeting of the council unless at least one-third of the members of such council,

Quorum of council

to consist of one-

exclusively of the mayor or councillor chosen to preside in his ab-

third of its membors.

sence, are present ; each member, including the mayor, shall have one

vote, and such mayor, or councillor chosen to preside in his absence,

Mayor to have

shall have a casting r ote in addition to his ordinary vote, and all

casting vote.

questions at such meeting shall be decided by a majority of the

votes of the members present.

20.

NOTWITHSTANDING any vacancies in the office of councillorg, the business of the council may be carried on by the	Business of council
notwithstandingmay be carried on
members actually in office, who shall have all the powers of the	vacancy.
council.

21.

IF nn consequence of death, absence, or any lawful impediment, it is not possible or is inconvenient for any councillor, or	In Cases of inability
of office-bearer to
for the town clerk, or any other person, to perform any particular	perform duties,mayor or council may
matter or thing which by this Act he is directed to perform, the	appoint other person
mayor may appoint any other person to perform the same; and if by	to do so.
reason of death, absence, or any lawful impediment the mayor is prevented from performing any matter or thing which he is by the provisions of this Act required to perform, the council may either perform the same, or by a majority of its votes appoint some other person to perform it.

22.

THE council may from time to time appoint a committee of councillors, and may delegate to any such committee such of	Council /Day appoint
committees.
its powers and duties under this Act as it thinks fit, and may from time to time make such rules as it thinks fit for the guidance of such committee, and may from time to time remove any members

23.

59° VICTORI}E, No. 10.

Municipalities.

thereof and appoint in the stead of them, or any of them, other

councillors.

Proceedings need 24. THE proceedings of such committee shall, unless otherwise

not be approved. ordered by the council, require the approval of the council.

A COMMITTEE appointed as aforesaid may appoint a powers and duties of such committee ; but the acts of such sub- committee shall, unless the council otherwise directs, be submitted for approval to the committee by which such sub-committee is appointed.

25.

Committee may

aPPoint sub-	sub-committee of its members to execute and discharge any of the
committee.

IN no case shall a committee appointed as aforesaid be authorised to borrow any money or to declare any rate ; and no expenditure or contract to expend or pay any sum of money exceeding twenty pounds made by such committee shall be lawful or valid unless such committee has been authorised either generally or specially by the council to make such expenditure, payment, or contract, or unless, if not so authorised, such expenditure, payment, or contract is afterwards approved or ratified by the council.

Power of committees 26.

to be limited.

A COMMITTEE appointed as aforesaid may, subject to the rules made by the council for its guidance, meet from time to time, and adjourn as it thinks fit ; but no business shall be transacted at any meeting of such committee unless three members are present.

Meetings of 27.

committee.

AT the first meeting of any committee or sub-committee, one of its members shall be appointed chairman of such committee or sub-committee, and all questions shall be determined by a majority of the votes of the members present ; and, in case of an equal division of the votes, the chairman shall have a casting vote in addition to his vote as a member of such committee or sub-committee.

Chairman of 28.

committees.

NO councillor or member of a committee or sub-committee appointed as aforesaid shall vote or take part in the discussion, in or before the council or such committee or sub-committee, upon or concerning any matter in which such councillor or such member has directly or indirectly, by himself or Ms partners or fellow share- holders, any pecuniary interest ; and any councillor or member as aforesaid who knowingly votes or takes part in such discussion as aforesaid, contrary to the provisions of this section, shall be guilty of an offence against this Act, and shall for every such offence be liable to a penalty not exceeding Fifty pounds.

Disqualification 29.

vote.

As to proceedings 30. IF the day for any meeting or adjourned meeting by this

falling on a Sunday,	Act required to be held for the retirement, nomination, election,
Good Friday,
Christmas Day, or	swearing in, or admission of any officer, or for the, transaction of any
holiday.

59° VICTORI2E, No. 10.

other business of any corporation, or the last day for any act required to be done, falls on a Sunday, Good Friday, Christmas Day, or public holiday, such meeting shall be held or act may be done on the day next ensuing, or within three days next thereafter ; and every person whose term of office would, according to the provisions hereof, have expired on any such Sunday, Good Friday, Christmas Day, or holiday, shall, during the interval aforesaid, continue in exercise of all the powers and duties of such office.

31. EVERY person who acts as a councillor, being incapacitated Penalty for acting

under the provisions of this Act to be or continue such, or before he as councillor, being

has made and subscribed the declaration hereinafter prescribed, incapacitated.

shall, save in the case of incapacity proceeding from unsoundness of

mind, be guilty of an offence against this Act, and liable for every

such offence to a penalty of Fifty pounds, and such penalty may be

recovered by any person, with full costs of suit, in any court of

competent jurisdiction ; and in every such action the person

sued shall prove that at the time of so acting he was qualified under

the provisions of this Act to be councillor, and had made and sub-

scribed the declaration aforesaid, or shall be adjudged to pay the said

penalty and costs without any other evidence being required from the

plaintiff than that such person had acted as a councillor under this Act.

32.

ALL acts and proceedings of any person elected and acting as mayor, councillor, or auditor shall, notwithstanding that any

Disqualification of

mayor, councillor, or

such person has not been or is not duly qualified, be as valid and

auditor not to avoid

effectual as if such person had been duly qualified.

their acts.

THE council shall keep a book, to be called the minute- book, in which shall be entered minutes of all proceedings and	Council to keep
minutes of proceed-
transactions, and the mayor or presiding councillor shall see that	ings.
such proceedings are duly entered, and shall subscribe the same with his own hand ; and the names of the councillors present at every meeting shall be entered in such minutes.

33.

34. THE minute-book of the council containing a statement of Minute-book °li-

the proceedings at meetings thereof, and - the business transacted at donee or proceedings.

such meetings, shall be evidence of all such proceedings as pur- port to be authenticated by the signature of the mayor or pre- siding councillor, without proof of such meetings having been duly convened or held, or of the signature of the mayor or presiding councillor, or of the fact of his having been the presiding councillor, or of the persons attending such meeting having been members of the council ; all of which last matters shall be presumed until the contrary is proved.

59° VICTORIA, No. 10.

Municipalities.

35. COPIES of or extracts from any such minute-book, certified

Copies of and extracts

from minute-book to	by the mayor to be true copies of or true extracts from such book, shall
be evidence.	be received as sufficient evidence in all courts and before all justices and tribunals of the contents of such minute-book or of so much thereof as any such extract contains.

36. THE mayor, if present, shall preside at all meetings of

Mayor to preside. ratepayers and of the council ; and in his absence, or if, after being present, he retires, one of the councillors chosen by the councillors present shall preside at all such meetings.

PART III.—ELEcTons.

37. EVERY British subject of full age, being resident within

Qualification of

electors of mayor, the Colony, and not subject to any legal incapacity, who

auditors, and	(1.) On the first clay of September in any year is, and since the thirtieth day of June next preceding has been, seised of or in occupation of, as owner or occupier, any rateable lands within the limits of any municipality ; and
councillors.
(2.) Has paid all rates and assessments due and payable by him to the council of the said municipality up to the thirtieth clay of June in such year ; and
(3.) Has not been since the first day of January next preceding in receipt of any public relief or alms,

shall be entitled to have his name inserted upon the municipal electoral list for such municipality, and the ward electoral list for each and every ward in which any such lands are situate.

38. THE mayor and auditors shall be elected by the persons

Mayor and auditors

to be elected by

whose names are on the municipal electoral list in force for the time

persons whose

being within the municipality ; and at any such elections, and also in

names are on

municipal electoral

voting upon the question of any proposed loan as hereinafter

list.

mentioned, each person shall have a number of votes proportionate

Proposed loan to be

to the annual value of the rateable lands of which such person is

decided by voters on

seised or possessed within the municipality as owner or occupier set

municipal electoral

list.

against his name on the said list as hereinafter mentioned, according

to the following scale:—

ANNUAL VALUE OF RATEABLE LANDS. NUMBER OF VOTES.

Twenty-five pounds and under One

Over twenty-five pounds and not exceeding

fifty pounds ... ... ... ... Two

Exceeding fifty pounds and not exceeding

seventy-five pounds ... ... Three

Exceeding seventy-five pounds Four

59° VICTOR' 7E, No. 10.

Municipalities.

The councillors for each ward shall be elected by the persons whose

names are on the ward electoral list in force for the time being Councillors, by	within such ward, and at any such election each person shall have itosersoonnswNavitisl?szames
one or two votes proportionate to the annual value of the rateable lands of which such person is seised or possessed within such ward as owner or occupier set against his name on the said ward electoral list as hereinafter mentioned, according to the following scale:—

ANNUAL VALUE OF RATEABLE LANDS. NUMBER OP VOTES.

Fifty pounds and under	...	One
Exceeding fifty pounds	...	Two

39.

THE said electoral lists shall be thus made up : On or

before the twentieth day of September in each year, the council of Electoral list,how

each municipality shall cause alphabetical lists to be prepared for made ‘11)*

each ward of all persons entitled to have their names inserted in the

ward electoral list as voters at the election of councillors for such

ward, and also of all persons entitled to have their names inserted

in the municipal electoral list; as voters at the election of a mayor

and auditors, and shall in such lists against the name of every such

person specify the rateable lands of which such person is seised or

possessed, as owner or occupier, within such ward or municipality, as

the case may be, and the annual value of such lands, and the number

of votes to which such person is entitled to give at such election of

councillors, or mayor and auditors respectively. The said lists, having

been so prepared, shall be signed by the mayor, and a copy thereof

shall on the said day be affixed on one or more conspicuous buildings

in each ward, and any person on applying for the same at the office

of the council shall be entitled to receive one or more copies thereof,

on the payment of a reasonable price for each copy. The said lists

shall respectively be in the form given in the Second Schedule to this	Second Schedule.
Act.
For the purpose of the first elections under this Act to be held in the month of November, One thousand eight hundred and ninety- five, the council shall cause to be inserted in the electoral lists of the municipality, prepared under the repealed Act 40 Vic., N o. 13. the number of votes to which each person is under this Act entitled to give at an election of mayor, auditors, and councillors respectively.

IN the case of any newly proclaimed municipality where there is no council, the acts and things by this Act required to be	Where no council,
Governor may
done in and about the preparation, settling, and revision of the said	appoint person tosettle and revise
electoral lists shall be done by such person or persons, at such time	lists, and may fix
or times, and at such place or places, as the Governor may appoint	certain dates, &c.
in that behalf ; and the Governor may also appoint and fix the date on or before which applications and objections under section forty- two of this Act may be lodged in respect of such lists, and may

40.

59° ITICTORIIE, No. 10.

lliztnicipalities.

substitute for the dates respectively mentioned in subsections (t) and

(3) of section thirty-seven such other dates as he may think fit toembrace the same periods of time as therein respectively specified,

and in the preparation of the said lists subsection (2) of section thirty-seven shall not apply. The person or persons to be appointed under this section for the purposes aforesaid shall perform and do all such matters and things as are by this part of this Act required to be performed and done, or which may be done, by the mayor or the council of a municipality, and such person or persons shall have and exercise all the powers of valuers under this Act, and all the powers and functions of a revision court and of the chairman of such court ; and such lists shall be the ward electoral list and the municipal electoral list respectively, for the first elections respectively to be held hi such municipality, and shall continue in force and shall not be added to or otherwise altered until new lists have respectively been made for such municipality under the provisions of this Act.

Governor may ap- 41. IF, from any cause, anything connected with the prepara-

point time for doing	tion or revision or completion of the electoral lists for a municipality
anything connected
with electoral lists	has not been clone within the time herein appointed or limited for
not being done within	that purpose, the Governor may, at the request of the council, by
time prescribed.	an order to be published in the Government Gazette, direct the same to be done, and may appoint the several times and intervals of time, or the several remaining times and intervals of time, as the case may require, at or within which the acts hereinbefore required or per- mitted to be clone in connection with the preparation or revision or completion of such lists shall or may be clone, and upon such order being- published in the Government Gazette such omission or non-compliance as aforesaid shall be rectified, and such lists shall be validated according to the tenor of such order.

42.      ANY person whose name has been omitted from such

Persons omitted	electoral lists may, on or before the thirtieth day of September in any
from or dissatisfied
with such lists may	year, apply by letter delivered or sent through the post addressed to
claim to have their	the mayor to have his name inserted thereon, and in such letter shall
names inserted.	give particulars of his claim ; and any person whose name has been inserted on such electoral lists as a voter who is dissatisfied with such lists as not specifying the full annual value of the rateable lands of which he is seised or possessed may likewise, on or before the said day, apply in the same manner to the mayor to have the amount of such annual value altered, and shall give particulars of such claim.
Any person whose name appears on such electoral lists may, on or
before the said day, object to any other person as not being entitled to have his name retained thereon, or may object to the annual value of the rateable lands set against the name of any person on such electoral lists by sending notice through the post addressed to such person, signed by him, of his intention to object, and of the grounds of such objection, and by sending a copy of such notice

59° VICTOIU.LE, No. 10.

Municipalities.

in the same way to the mayor. Any application or objection under this section shall be in the appropriate form given in the Third Schedule to this Act, or to the like effect. Third Schedule.

43.

THE mayor shall cause lists to be made showing the names and addresses of the several persons claiming to have their otp tseitsoobnes punisher

names inserted on such electoral lists, or to have the amount of the and of persons

annual value of the rateable lands set against their names on such objected to.

electoral lists altered, and the particulars of such claims ; and also of the persons whose names or the annual value of whose rateable lands have been duly objected to as aforesaid ; , and shall cause a copy of every such list, with appropriate headings to the same showing the contents thereof, to be affixed on one or more con- spicuous buildings in each ward on or before the third day of October in each year.

44.

THE council of every municipality shall hold an open court within the municipality for the purpose of revising the municipality roe bola- Councilr f eve Y

or days between the tenth and twentic th clays of October (both f

inclusive) in each year as may be appointed by the mayor ; and

the mayor shall give six clear days' notice of the holding of such

court, and of the time and place thereof, by placing such notice

on the outer door of one or more conspicuous buildings within the

municipality, and by advertisement in some newspaper generally

circulating in the neighbourhood. The court shall consist of the

electoral lists thereof ; and such court shall be held on such clay 0aertrt for revision absence, of a chairman appointed by the councillors, and of not fewer than one-third of the councillors ; and every such court may be adjourned, and if at any time for half an hour after the time appointed for holding any such court, or adjourned court, a sufficient number of councillors to form a court is not present, the mayor, or, in his absence, any councillor, may adjourn the court.

THE said court shall have power to hear, receive, and examine evidence, and for that purpose to administer an oath or	Powers of such
court.
affirmation, and by summons under the hand of the chairman of such court to require all such persons as the court thinks fit to appear personally before such court, at a time and place to be named in such summons, and to produce to such court all such books and papers in their possession or under their control as appear necessary for the purpose of their examination ; and the said court shall have the like powers for compelling the attendance of witnesses summoned, and their examination upon and taking of oaths and affirmations, and their answering questions touching the premises, as by any law in force for the time being is vested in justices exercising summary jurisdiction ; and the said court shall, upon hearing in open court,

45.

590 VICTORIA, No. 10.

Munic ipalities.

by the decision of a majority, determine as hereinafter mentioned

upon the validity of all claims and objections.

THE said court shall insert in the electoral lists under is proved to the satisfaction of the court to be entitled to be inserted in such lists ; and shall retain on the said lists the names of all persons to whom no objection has been duly made, and the annual value of the rateable lands set against the same unaltered, and shall also retain on the said lists the name of every person who has been objected to by any person, and the annual value of the rateable lands set against the same unaltered, unless the person so objecting appears by himself or by some one on his behalf in support of such objection, and proves the sending of the requisite notices ; and when the name of any person inserted in any electoral list or the annual value of the rateable lands set against the same has been duly objected to, and the person objecting appears by himself or by some one on his behalf in support of such objection, the court shall require proof of so much of the qualification of the person so objected to as is embraced in the grounds of objection so to be stated as aforesaid, and no more; and in case such qualification of such person is not proved to the satisfaction of the court, the said court shall expunge the name of every such person from such electoral list, or shall alter and correct the annual value of the rateable lands set against the same (as the case may require); and the said court shall also expunge therefrom the name of every person who is proved to be dead ; and shall by means of inspection of the electoral lists and rate book, and valuation and return, correct any mistake or supply any omission which appears to such court to have been made in any of the said electoral lists in respect of the name, place of abode, or trade or occupation, or number of votes of any person who is included therein, or in respect of the local description of the rateable lands, or the annual value or situation thereof. Pro- vided always, that no person's name shall be inserted by the said court in any such electoral list, or shall, except in the case of death., be expunged therefrom, unless notice has been given as is herein- before required in each of the said cases.

46.

iicaring of claims	revision the name of every person who has claimed as aforesaid and
and objections, and
correction of lists.

IN case it appears to the court that any person has made or the court may award such costs, not exceeding one pound, as to it seems meet, to be paid by such person to the person resisting such claim or objection ; and the same may in default of payment be recovered in a summary manner before any Justice of the Peace.

47.

Costs in cases of	attempted to sustain any frivolous or vexatious claim or objection,
frivolous, &o., claims
or objections.

48.       THE chairman of such Court shall in open court write his

Certificate, &c., of	• •
revision.	initials against the names struck out or inserted as aforesaid, and

59° VECTORLE, No. 10.

Municipalities.

against any part of the electoral lists in which any mistake has been corrected or omission supplied, and shall sign his name to every page of the list so settled, and shall then cause to be written at the foot or end of the lists a certificate that the same have been revised and are correct, with the date thereof, and such chairman and not fewer than two other members of the Court shall severally sign such certificate.

49. THE lists so signed and certified shall be forthwith delivered Lists to be delivered

to an officer appointed by the municipality. to officer.

THE lists so signed as aforesaid shall be the ward electoral list and municipal electoral list respectively for the municipality, Lists voters' lis

50.

so g sits. ned to be

and shall continue in force and shall not be added to or otherwise altered until new lists have been made for the municipality under the provisions of this Act, whether the same have been duly made at the time hereby appointed or afterwards.

THE clerk of every municipality, or other officer appointed by the council, shall from time to time furnish a copy or copies of Clerk to furnish

51.

such electoral lists to any person requiring them, on the payment of

copies of lists.

a reasonable price for the same, not exceeding the sum of five

shillings for each copy.

52.

ANY copy purporting to be a copy of either of the said electoral lists for any municipality, and signed by the mayor of	eCtoipdyoefe. liets to be	en
such municipality, or other person as aforesaid, shall be prim; fade evidence of such list, and of the contents thereof.

NO omission to affix copies of any such lists as aforesaid,

vent, invalidate, or render imperfect ally of the proceedings herein- pi e:ce"eodtgosi.m aildate

before provided for with regard to the compilation or completion of

any such list.

or to keep any list for perusal or inspection, shall be deemed to pre- a•Omissiont to publish, 53.

PART IV.—QUALIFICATION FOR ELECTION.

NO person shall be eligible to be elected as, or to hold the office of mayor, councillor, or auditor, in any municipality, who is a	Disqualifications for
election.
female, or of unsound mind, or who is an uncertificated or undischarged bankrupt, or who holds any office or place of profit in the gift or disposal of the council of such municipality, or who has any interest in any contract with or employment under such council. Provided that no person shall be disqualified from being so elected by reason only of his being a proprietor or shareholder in any public company incorporated by statute, or registered under any Act for the registration of joint stock companies, which contracts with such council for any of the purposes of this Act, but no mayor or

54.

59° VICTORLE, No. 10.

Municipalities.

councilor, being such proprietor or shareholder, shall take part in any discussion or vote on any question relating to any contract in which such company is interested.

UNLESS disqualified by this Act, any male person whose any municipality shall be eligible for election as a councillor or auditor for such municipality or any ward thereof ; and any person qualified to be a councillor in any municipality, shall, if be be also qualified to serve on common juries, be eligible for election as mayor of such municipality ; provided always, that no person shall be eligible for election as mayor of any municipality who has held

Qualification of 55.

councillors, mayor,	name is on the municipal electoral list in force for the time being in
and auditors.
Proviso.	such office for three consecutive years prior to any election. Provided further, that no person exempted from serving on juries by reason of any statute in force in this Colony, or by reason of his being over sixty years of age, shall be disqualified under this section to be such mayor as aforesaid. Provided also, that this section shall not apply to the qualification of councillors, mayors, and auditors in the municipalities of Perth, Fremantle, and Albany.

UNLESS disqualified by this Act, any male person whose

Qualifications of 56.

councillors, auditors,	name is on the municipal list in the municipalities of Perth, Fre-
and mayors of Perth,
Fremantle, and	mantle, and Albany respectively, in respect of land of the annual
value Of Twenty pounds at least, shall be eligible for election as a
Albany.
Alb
councillor or auditor for such municipalities respectively, or any ward thereof ; and any person qualified to be councillor in such municipalities shall, if he be also qualified to serve on special juries, be eligible for election as mayor of such municipalities respectively ; provided always, that no person shall be eligible for election as such mayor as aforesaid who has held such office for three consecutive years prior to his election. Provided that no person exempted from serving on juries by reason of any statute in force in this Colony, or by reason of Ins being over sixty years of age, shall be disqualified under this section to be such mayor as aforesaid.

PART V.—ELECTION OF COUNCIL.

THE election of a mayor, councillors, and auditors for in each year, at such place within the municipality as the person entitled as hereinafter mentioned to be the returning officer at such election shall appoint ; in any new municipality created by the Governor in pursuance of the provisions of this Act, the first election of mayor, councillors, and auditors shall take place on such day and at such place as the Governor may appoint, and all subsequent elections shall take place on the third Monday in November in each year, at such place within the municipality as the returning officer at such election shall appoint.

57.

Time of election of

mayor, auditors,	all municipalities shall take place on the third Monday in November
and councillors.

59° VICTORLE, No. 10.

Municipalities.

58.

WHERE under the provisions of this Act a municipality is entitled to elect an additional number of councillors, an election ellection of

shall forthwith be held, and thereupon the same proceedings shall ions.

-

take place as nearly as may be as at an annual general election of

councillors.

59.      THE returning officer at any first election for the office of

mayor, councillor, and auditor of a newly proclaimed municipality AreVatgleonitat. mayor or clerk of the council shall deliver to such officer all notices which lie has received from candidates for election, and also the electoral lists for the municipality and the various wards thereof. Provided always, that no candidate at any such election shall act as presiding or returning officer.

shall be nominated by the Governor, and at every succeeding

election of such officers of the municipality the mayor or any

councillor of the municipality appointed by the council for that

purpose shall be the returning officer. Such appointment shall be

notified by the council by affixing a written notice to that effect to

the outer door of the municipal chamber or other accustomed place

of meeting for the council of the municipality, at least five clays

before the day fixed for such election, and keeping the same there

affixed until the day of such election ; but no omission to so publish

the said notice shall be deemed to invalidate any such appointment.

ANY person who is qualified and desirous of being a can- didate for election as mayor, councillor, or auditor in any municipality	Candidate for
election to give
shall, by himself or his agent, give notice in writing of such Ins	thereof to theseven days' notice
desire to the then mayor or clerk of the council, at least seven clear	returning officer.
days before the day of such election, by delivering the same to the mayor or leaving it with the cleric of the council ; and the return- ing officer shall give notice of the intention of such person to become such candidate by affixing a notice to that effect on the outer door of the municipal chamber or other accustomed place of meeting for the council of the municipality, at least five days before the day of such election, and keeping the same there affixed until the day of such election. At any such election no one shall be deemed a candidate for the office of mayor or councillor or auditor within the meaning of the next following sections, except those who have given such notice as is herein provided.

60.

ON the day of such election the returning officer shall preside at a meeting, to be holden at eleven o'clock in the forenoon at the	Proceedings at
elections.
place appointed for such election, and shall declare the purpose for which such meeting is held ; and if it appear at such meeting that there is no more than one candidate proposed to fill any one vacancy, the returning officer shall declare such candidate duly elected ; and

61.

59° VICTORIJE, No. 10.

Municipalities.

if it appear that there is more than one candidate proposed to fill any one vacancy, the returning officer shall call for a show of hands separately in favour of each candidate, and after such show of hands shall declare the person or persons upon whom the election has fallen, and such person shall be deemed to have been duly elected, unless a poll be demanded by any of the other candidates for such vacancy, or by not less than six persons qualified to vote at such election, whereupon a poll to decide such election shall immediately take place.

THE poll at any such election shall be taken by the returning officer, and shall close at seven o'clock in the afternoon of the same clay. Every person entitled to vote at the election of councillors or a councillor may, at such election, give as many votes as he is entitled to to each of any number of persons not exceeding the number of persons to be elected ; every person entitled to vote at the election of a mayor or auditors, or an auditor, may at the election of a mayor give as many votes as he is entitled to to any one candidate, and at the election of auditors, or an auditor, may give as many votes as he is entitled to to each of as many candidates as there are vacancies to be filled up.

Manner of taking 62.

poll.

Returning officer 63. AT every election for the office of mayor, councillor or

may appoint a	auditor, the returning officer may appoint a deputy returning officer
deputy and poll	and such poll clerks as are required for taking the poll, and may make
clerics.	and enforce all necessary regulations not inconsistent with this Act.

EVERY candidate for such election may appoint one person to be a scrutineer at such election.

Scrutineers. 64.

Voting to be by 65. ( t.) EXCEPT as hereinafter provided, the voting at any

ballot.	such election shall be by ballot, and within the place appointed for holding such election there shall be provided and set apart a separate ballot-room or compartment into or in which no person may enter or remain, except electors, whilst preparing their ballot papers as herein- after provided but no longer ; and the returning officer shall cause pencils or pens, ink, and blotting paper to be placed in the said room
or compartment. .
(2) Every person otherwise than as aforesaid wilfully entering or remaining in the said room or compartment shall be guilty of an offence against this Act, and be liable to a penalty of not less than Fifty pounds nor more than One hundred pounds.

66. (i .) BEFORE, and in time for every such election, the

Ballot papers. returning officer shall cause to be printed or written a sufficient

59° VICTORUE, No. 10.

number of ballot papers according to the respective forms prescribed Fourth Schedule.

in the Fourth Schedule to this Act, and each such ballot paper

shall have a number printed or written on the back, and shall have

attached a counterfoil, with the same number printed or written

on the face, and shall be signed or initialed by such returning officer

at the back thereof.

Provided always, that the signature or initials of such return- ing officer may be lithographed or stamped by or under his authority.	Voting papers.
(2.) And at the same time, the returning officer shall also cause a sufficient number of papers, hereinafter called voting papers,
for the purpose of voting by proxy, as hereinafter mentioned, to be
written or printed, and such voting papers shall be in accordance
with the respective forms prescribed in the Fifth Schedule to this	Fifth Schedule.
Act.

67.

THE returning officer shall provide a separate ballot-box for the election of mayor, for the election of an auditor or auditors,	Ballot-box to be
provided.
and for each ward for the election of a councillor or councillors, and on the top of each such ballot box there shall be an opening sufficient to receive the ballot papers and voting papers folded as hereinafter mentioned. And such boxes, being previously locked by the returning officer with a key or keys, which shall be kept by himself, and of which no other person shall possess a counterpart or counter- parts, shall be placed on a table before the returning officer.

(t.) EXCEPT as hereinafter mentioned, every person who is qualified and entitled to vote, and is desirous of voting at any such	Ballot papers to ho
given to persons
election, shall present himself to the returning officer or his deputies,	applying.
and shall state his name and address, and if such returning officer finds
that the name of such person is on the electoral lists, he may ask such
person the questions hereinafter mentioned, and if such questions are answered satisfactorily, or if such questions are dispensed with, the returning officer shall make a mark against the name of such person on the electoral lists to signify that the ballot papers to which
such person is entitled have been. duly given to him, and deliver to
such person so many ballot papers for the election of mayor, or
councillor or councillors, or auditor or auditors respectively, as are equal to the number of votes which such person appears by the electoral lists to be entitled to give at such elections respectively.
(2.) All the ballot papers to which any person is entitled at such elections shall be demanded and received by him at one and the same time : And no person, having once demanded and received any such ballot paper, and voted by the same, shall at the same elections receive any other such ballot paper, or exercise any further right of voting.

68.

59° VICTORTIE, No. 10.

Municipalities.

Manner of voting by 69. EVERY person to whom such ballot papers have been

ballot.

0given as aforesaid shall, within the ballot-room or compartment, and

without leaving the same, strike through the names of all persons named in such ballot papers except the names of each person for whom he intends to vote, and shall then fold up each paper so as to conceal the interior and disclose the signature or initials of the returning officer so signed, lithographed, or stamped upon the back thereof, as aforesaid, and shall then openly and in the presence of the returning officer, poll clerks, and such scruti- neers as are in attendance, deposit such paper in the ballot box. Provided always, that in the case of any person qualified to vote, and who is blind, the returning officer shall, in the presence of such scrutineers as are then in attendance, strike through upon each ballot paper the names of all persons except such as such person declares his intention of voting for.

70. (i.) AT all elections for the office of mayor, councillor or

Questions which ay auditor, the returning o

be put to voter atfficer may, if he see fit, or if required so to

elections by ballot. do by any candidate or scrutineer, shall put to any person voting by

ballot the questions following :-

(a.) Are you the person whose name appears as (here

specify the name contained in the electoral list) in the

electoral list now in force in this (municipality or

the ward, as the case may be) being registered

therein for property described to be situate in (here

specify the property described in such electoral list)?

(b.) Have you already voted at the present election for this (municipality or ward)?

(2.) And no other questions shall be put to such person, and no such person who refuses to answer either of such questions, or who does not answer the first of such questions absolutely in the affirmative, and the second of such questions absolutely in the negative, shall receive a ballot paper or be permitted to vote.

Provision with 71. A VOTER at any such election who has inadvertently

respect to ballot dealt with his ballot paper in such a manner that it cannot papers inadvertently conveniently Or properly be used as a ballot paper, may on

delivering to the returning officer the ballot paper so inadvertently dealt with and proving the fact of the inadvertence to the satisfac- tion of the returning officer, obtain another ballot paper in the place of the ballot paper so delivered up ; and the said ballot paper shall be immediately cancelled and destroyed, and a memorandum of such cancellation and destruction endorsed on the counterfeit thereof.

voting by proxy in 72. WHENEVER at any such election a person is qualified

certain cases. and entitled to vote, desirous of voting, and resident in the Colony,

59° VICTOPIIE, No. 10.

Afunicipalities.

but more than twenty miles distant from the place of such election on the day of such election such person may authorise a proxy or agent, in accordance with the form prescribed in the Fifth Schedule to this Act, to deliver his vote or votes as declared in the manner pre- scribed by the said schedule to the returning officer, who shall make a mark on the respective electoral list to signify that such voter has voted, and shall place the voting paper in the proper ballot box.

Provided always, that no vote shall be accepted or taken from any person professing to be a proxy or agent, or placed in any ballot box, until he has answered the questions hereinafter authorised in accordance with the manner prescribed.

73. (i .) WHENEVER at any such election votes are tendered l a tuomrtinillteesLt .itoo ns

by a person professing to be a proxy or agent, the following ques-

tins, and no others, shall be asked by the returning officer :— in caso of proxy

(a.) Is the person who signed this voting paper the person voting.

whose name appears as (here specify the name con-

tained in the electoral list) in the electoral list now in force in this (municipality or the ward, as the case may be) being registered therein for the

property described to be situated in in(herehere specib the

described in such electoral list ?

(b.) Is the said person now, to the best of your knowledge and belief, resident within this Colony and more than twenty miles from this place?

(c.) Is the name signed on the voting paper as the name of the proxy or agent delivering the same your name, and signed by you, and is the address of such person your address ?

(d.) Has the person whose name is signed to this paper, delivered by you as the voter, ever revoked the authority given to you to deliver it ?

(e.) Has the person whose name is signed to this voting

paper already voted at this election?

( 2 .) The proxy or agent tendering such voting paper shall

answer the first, second, and third of such questions absolutely in the affirmative, and the fourth and fifth of such questions absolutely in the negative.

74. (i.) IF any person, during the time in which any such

election is being held, misconducts himself in the place appointed I. Ce 0 111 11: rditetr

for holding the election, or fails to obey the lawful orders of the P g P ".

returning officer, he may imincdiately, upon the order of the return-

ing officer, be removed from such place by any member of the police

force

590 VICTORI1E, No. 10.

Municipalities.

force or other person authorised by the returning officer in writing

to remove him.

(2.) Any person so removed as aforesaid shall not again be allowed to enter such place during the . time when such election is being held, without the permission of the returning officer.

(3.) Any person so removed as aforesaid, if charged with the commission in such place of an offence in respect of voting as specified in the eighty-first section of this Act, may be kept in custody until he can be brought before a Justice of the Peace.

(4.) And all police constables and peace officers shall aid the returning officer in the performance of his duties.

Ascertainment of 75. (I.) THE returning officer, immediately on the close of the

the poll.	poll at any such election shall, in the presence of such scrutineers as are then in attendance, open the ballot boxes and examine the ballot papers and voting papers, and shall compare the number of votes given by each such voting paper with the number to which the person so voting is entitled on the respective electoral list. and thereby ascertain the result of the election. And in so doing the returning officer may reject as null and void any ballot paper on which is written any matter or thing which is not justified by this Act to be written thereon, or any ballot paper or voting paper by which any voter .purports to vote for more candidates than he is authorised to vote for, or to give more votes than he is authorised to give, and any voting paper whereon the name or names of the can- didate or candidates. as the case may be, for whom the voter votes is not intelligibly expressed and in a manner to be commonly under- stood, but no voting paper shall be otherwise rejected for mere want of form, and if any voter entitled to more than one vote omits to specify on his voting paper the number of votes to which he is entitled, such voting paper shall be deemed to have one vote specified thereon. And he shall endorse on any ballot paper or voting paper which he rejects, the word " rejected," and the returning officer shall be the sole judge as to whether any ballot paper or voting paper shall be rejected or not. Provided always, that his decision shall be subject to reversal by the Supreme Court.
Declaration of the	(2.) The returning officer, having ascertained the respective results of such poll, shall then and there declare the name or names of the person or persons who have been duly elected to the respective offices for which suclr election has been held ; and in the event of the number of votes being found to be equal for any two or more candidates for such respective offices, such returning officer may, whether his name be or be not on the respective electoral lists as a
poll.

59° VICTOR -11E, No. 10.

Municipalities.

person entitled to vote at such respective elections, by Ins casting vote or votes decide which of the said candidates shall be elected. Provided, however, that no returning officer shall vote at any election of which he is the returning officer, except in the case of an equality of votes as aforesaid ; and provided further, that any deputy returning officer, if entitled to vote at any election, may give Ins vote or votes in like manner as if he had not been appointed and acted as deputy returning officer.

76. THE clerk of the municipality shall, after every election for Publication of result

the office of mayor, councillor or auditor, forthwith make a return to

of elections in

the Colonial Secretary stating the names of the successful candidate or

Government Gazette.

candidates at such election, and their respective offices, for publication in the Government Gazette, and the production of a copy of the

Government Gazette containing any such notice shall be pruner facie

evidence that the person or persons named therein have been duly

elected to fill the respective offices therein mentioned.

77.

WHEN the proceedings at any such election are inter- rupted or obstructed by any riot or open violence, the returning Aodijrniclicentt of

case

officer shall not finally close the poll, but shall adjourn the taking of iP4oLng

such poll until the day following, and if necessary the returning

officer shall further adjourn such poll until such interruption or

obstruction has ceased, when such returning officer shall again pro-

ceed with the taking of such poll.

NO such election shall be deemed to be void in consequence solely of any delay of any of the stages of such election beyond E rrra of form not

78.

to vitiate elections.

the time appointed, or of any error on the part of the returning officer, which does not affect the result' of such election, or of any error or impediment of a merely formal nature ; and the Governor may adopt, or cause to be adopted, such measures as are necessary to remove any obstacle by which the due course of any such election is likely to be impeded, and may supply any deficiency that would otherwise affect the same. Provided always, that any measures so adopted shall be forthwith published in the Government Gazette.

THE returning officer shall forthwith, after the declara- into a parcel or bundle, and endorse such parcel or bundle with a papers•	tion of the poll, cause all the ballot and voting papers to be made up Disposal of ballot
description of its contents, affix his seal thereto, and deliver the same to the clerk of the municipality, to be by the said clerk safely and secretly kept for six months after such delivery, but the said clerk shall not inspect or allow the inspection of such ballot and voting papers, or allow them to go out of his custody, except on the order of a Judge, and such clerk shall, after the

79.

59" ITICTORLE, No. 10.

Municipalities.

expiration of such period of six months, cause all such ballot and voting papers to be destroyed in the presence of three councillors.

80.      ANY returning officer, poll clerk, or scrutineer who

Penalty for	divulges for what candidate or in what manner any voter has voted
returning officer, &e
divulging the name	at any such election as aforesaid, shall be liable upon conviction
of candidate for	to a penalty not exceeding One hundred pounds, nor less than Fifty
whom any person
voted.	pounds.

81.     ( I.) EVERY person who

Offences in respect	(a.) Forges or counterfeits, or fraudulently defaces or fraudulently destroys, any ballot paper or voting paper, or the initials of any returning officer on any ballot paper ; or
of voting.
(1).) Without due authority supplies a ballot paper or voting paper to any person ; or
(c.) Fraudulently gives to the returning officer for insertion into any ballot box any paper other than the ballot paper or voting paper which he is authorised by law to give for insertion as aforesaid ; or
(d.) Fraudulently takes out of the ballot room or com- partment any ballot paper or voting paper ; or

232. IN any prosecution or other legal proceeding under the proof in le gal

provisions of this Act, or any by-law hereunder, instituted by or proceedings.

under the direction of the council of any municipality, no proof

shall be required

(1.) Of the persons constituting the council, or the extent of

the municipality; or

(2.) Of any order to prosecute, or of the particular or general appointment of any municipal cleric, surveyor, inspector, or other officer of the council ; or

(g.) Of the authority of any municipal clerk, surveyor, in- spector, or other officer of the council to prosecute; or

59° VICTORIIE, No. 10.

Municipalities.

(4.) Of the appointment of the mayor of the municipality, or

the municipal or town clerk, or surveyor ; or

(5.) Of the presence of a quorum of the council at the making of any order or the doing any act

until evidence is given to the contrary.

IN any legal proceedings under the provisions of this Act, (I .) Evidence that the person proceeded against is rated as owner or occupier in respect of any land to any general or special rate for the municipality within which such land is situated, or

Proof of ownership 233.

or occupancy. in addition to any other method of proof available,

(2.) Evidence by the certificate of the Registrar of Deeds or his deputy that any person appears from any memorial of registration of any deed, conveyance, or other instrument to be the owner of any land, or evidence by a certificate signed by the Registrar of Titles, or any assistant, or Deputy Registrar, and authenticated by the seal of the Office of Titles, that any person's name appears in any register book, kept under the "Transfer of Land Act, 1893," as owner of any land,

shall, until the contrary is proved, be evidence that such person is

the owner or occupier, as the case may be, of such land.

ALL courts and all persons having, by law or by consent

Signature of Deputy 234.

or Assistant Regis-	of parties, authority to hear, receive, and examine evidence shall, for
trar to be judicially
noticed.	the purpose of this Act, take judicial notice of the signature of any such assistant or deputy, whenever such signature is attached to such certificate, and such Registrar of Titles or assistant or deputy registrar shall, on the written application of the council of any municipality signed by the municipal clerk, furnish to such council
Registrar to furnish	a certificate under the seal of the Office of Titles, giving the name
certificate when
required.	and address of such owner, the situation and description of such land, and date of registration of title, on payment of two us for each certificate.

235. ALL documents whatever purporting to be issued or

Documents signed written by or under the direction of the council of a municipality, by Mayor, Clerk, or and purporting to be signed by the mayor, or municipal, or townSurveyor, to be

admitted in evidence. clerk, or surveyor shall be received as evidence in all courts of law,

and shall be deemed to be issued or written by or under the direction of the council without proof, unless the contrary be shown. The word " documents " in this section shall include all regulations, orders, directions, and notices.

59° VICTORIEE, No. 10.

Municipalities.

SECTIONS C, F, G, and H of " The Shortening Ordinance, 1853," shall be incorporated with and taken to form a

Shortening

Ord int/ICO incor-

part of this Act to all intents and purposes and in as full and

porated,

ample a manner as if the said sections had been introduced and

fully set forth in this Act.

236.

237.       ANY person who thinks himself aggrieved by any order

made under this Act for the payment by such person of any sum	Appeal.
exceeding Five pounds, or for the infliction of any penalty exceed- ing Five pounds, or of any term of imprisonment, shall have a right of appeal.

238.       ALL penalties and other sums recovered under the

provisions of tins Act shall, unless otherwise herein provided, be tPoe t

tnieLto be paid

paid to the council, and shall become the property of and part of	.
the ordinary income of the municipality.

239.        ANY officer of the council or other authorised person may

Power to arrest

without warrant arrest any person found offending against any	offender against
by-law made under the provisions of this Act or of any Act hereby	by-laws.
repealed, if the offender refuses to give his name and address.

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

to this Act.

ALEX. C. ONSLOW, Administrator.

59° VICTORUE, No. 10.

Municipalities.

SCHEDULES.

Section 4. First Schedule.

REPEALS.

Date of Act. Title of Act. Extent of Repeal.

34 Vic., No. 6

An Act for establishing Municipalities All portions not

already repealed

40 Vic., No. 13 ... I The Municipal Institutions Act, 1876 The whole

42 Vic., No. 16 ... The Municipal Institutions Act, 1876, IiiThe whole

Amendment Act, 1878

44 Vic., No. 11 The Municipal Institutions Further The whole

Amendment Act, 1880

45 Vic., No. 12 The Municipal Institutions Further The whole

Amendment Act, 1881

46 Vic., No. 19 The Municipal Institutions Further The whole

Amendment Act, 1882

47 Vic., No. 19 The Municipal Institutions Further The whole

Amendment Act, 1883

49 Vic., No. 14	The Municipal Councils Titles Act, 1885 The whole
49 Vie., No. 17 ...	The Municipal Institutions Act, 1876, The whole .

Amendment Act, 1885

51 Vie., No. 29 ...	The Municipal Footpaths Act, 1888 The whole
55 Vic., No. 16	The Municipal Institutions Act Amend- The whole

ment Act, 1892

590 VICTORI1E, No. 10.

Municipalities.

Second'Schedule.

List of Voters for the Municipality of made for the year 18 . Section 39.

Number of votes.

Description aml Annan]

eon supposed 8"r"all” or per- Lo b origin') named Trade or situation of pro- l'Itotheras own Dateable

entitled to vote. same person, occupation party gi n ng title or occunier, value of For Mayor For cone -

to vote. property. anti

Auditors. °Mors.

(Signed.) A. B.

Mayor.

Voters' List fin. the Ward of the Municipality of made

for the year 18

Number of votes.

Description 112111 Annual

S" Immue of Pe-'Millet Ian Hanle	Trade or	Sit/MOM of Bro. Wtotheras orvnm	Rateable
son ettliosen to

be entitlped to tote.	of same person.
o- occupation. Periyto vote. Olio' or occupier. value of For ManyorliFor onni.

proverb'. Auditors.1

(Signed) A. B.

Mayor.

Third Schedule.

Application by a person whose name has been omitted from any list, Section 42.

(to have his name inserted thereon.)

To the Mayor of the Municipality of

Sir,--I hereby claim to have my name inserted on the [Municipal

Electoral List] or [ Ward Electoral

List]

in accordance with my qualification, as stated hereunder.

Dated this day of A.D. 18 .

(Signed) A. B. (name in full)

Numb r of votes

Description and etaimmt.

sation of pro- itu duet Whether claiming A

Surname of Christian namo t rade or poofr‘tymtzt, es owner or oe- Rateable in von t° of

Manama. of Claimant. occupation CLIpler. property. For Mayor

is made. amt For cons

„tutors. cillors.

59° VICTORUE, No. 10.

iviunicipalities.

Application by a person to have the Amount of the Annual Rateable Value of kis

Property Altered.

To the Mayor of the Municipality of

hereby claim to have the animal rateable value of my property, as

specified on the [Municipal Electoral List] or	[	Ward Electoral List]
altered in accordance with the following particulars.

Dated this day of A.D. 18

(Signed) A. B. [name in full].

number of votes

situation Description and claimed.

Sum/mint Cliristimi Immo Trade or Wageectatoallimoi:Ig valear4aalue of

Claimant. of Claimant. occupation. i:al'ILICh ecan copier. property. Fop -mayor For

is made. Auditors. Councillors.

Notice of Objection to Retention of Name on, Electoral List.

To [person objected to]

Municipality.

Sxn,—I give you notice that I object to the retention of your name on the [Municipal electoral list] or	[	Ward electoral list] on the
following grounds :—

Dated this day of A.D. 18

(Signed) A. B. [name in full].

Notice of Objection. to Annual Rateable Value of Lands.

To [person objected to]

............ Municipality.

SIR,

I give you notice that I object to the Annual Rateable Value of the Rateable Lands set against your name on the [Municipal Electoral List] or [

Ward Electoral List] on the following grounds :—

Dated this day of 189

(Signed) A.B. [name in full.]

Fourth

59" VICTORIIE, No. 10.

Municipalities.

Fourth Schedule. Section 66

Counterfoil Municipality of

Number. Ballot Paper.

Election of Mayor on the day of 18

List of Candidates for Election.

Names. Addresses.

—Ward of the Municipal& of... ......

Counterfoil

Number. Ballot Paper.

Election of a Councillor (or Councillors) on the

day of 18

List of Candidates for Election.

:Names.	Addresses.
Municipalityof

..................

Counterfoil

Number. Ballot Paper.

Election of an Auditor (or Auditors) on the day

of 18

List of Candidates for Election.

Names. Addresses.

59° VICTORI.X, No. 10.

Municipalities.

Section 66. Fifth Schedule.

Municipality of

Voting Paper by Proxy for Mayor.

Name of Elector Voting. No. or Votes Elector elllltiea to.

Christian Name and Surname of the Person for whom I vote as Mayor :—

Elector to sign his

or her name.

Elector Voting.

Proxy to sign name

and address.

Nom—Every person entitled to vote at the election of a Mayor may give his vote or votes to any one candidate. The proxy on the back hereof must be properly filled in.

Proxy.

of in the Colony of Western

Name in full, resi-

dence, and trade or Australia, being entitled to vote at the next Election

occupation.	for Mayor of the Municipality of and being resident in the said Colony, but more than twenty miles distant from the said Municipality, the place
Name in full, resi-

dence, and trade or. of such election, do hereby appoint of

occupation. in the said Colony , my proxy or agent to deliver to the

Returning Officer at such election the voting paper on the first side hereof written on my behalf, and which is signed by me, and by the said proxy or agent, and contains the address of my said proxy or agent.

Fill in date.	Dated the	day of	18 .
Fill in name.	(Signed)

59° VICTORLE, No. 10.

Municipalities.

Municipality of.

Voting Paper by Proxy for Councillors or Couneillor for the above Muniei- Fill in the name of

polity or of the Ward, as the ease may be. the ward.

Name of Elector Yothig No. of Votes Elector cetitiat to.

Christian Name and Surname of the Person or Persons for whom I vote as Councillor or Councillors :—

Elector to sign his

name.

Elector Voting.

Proxy to sign name

and address.

Norm.—Every person entitled to vote at the Election of a Councillor or Councillors may give his vote or votes to each of the number of persons to be elected. The proxy on the back hereof must be properly filled in.

Proxy.

of in the Colony of Western

Name in full, resi-

Australia being entitled to vote at the next Election for a deuce, and trade or

Councillor or Councillors for the above Municipality, or for the Ward, occupation. Name of Ward.

and being resident in the said Colony, but more than twenty miles distant from the said Municipality, the place of such election, do hereby appoint of

in the said Colony, my proxy or agent to deliver to the Name in full, rest_

Returning Officer at such election, the voting paper on the first side hereof written donee, and trade or

on my behalf, and which is signed by me, and by the said proxy or agent, and occupation.

contains the address of my said proxy or agent.

Dated the	day of	18 .	Fill in date.
(Signed)	Sign name.

59° VICTORLE, No. 10.

Municipalities.

Municipality of

Voting Paper by Proxy for Auditor or Auditors.

Name of Elector Voting. No. of Votes Elector entitled to.

Christian name and surname of the person or persons for whom I vote as Auditor or Auditors.

Elector to sign his

or hex name.

Elector Voting.

Proxy to sign name

and address.

Norm—Every person entitled to vote at the election of an Auditor or Auditors may give his vote or votes to each of the number of persons to be elected.

The proxy on the back hereof must be properly filled in.

Proxy.

of

Name in full,

residence, and trade	the Colony of, Western Australia, being entitled to
or occupation.	vote at the next election for au Auditor or Auditors of the Municipality of and being resident in the said Colony, but more than
Name in full,	twenty miles distant from the said Municipality, the place of such election, do
residence, and trade	hereby appoint of
or ormupation.
in the said Colony my proxy or agent to deliver to the Returning Officer at such election the voting paper on the first side hereof written on my behalf, and which is signed by me, and by the said proxy or agent, and contains the address of my said proxy or agent.

Fill in date. Dated the day of 18

(Signed)

Fill in name.

59° VICTOBLE, No. 10.

Municipalities.

Sixth Schedule. Section 162.

Form of the Rate Book.

sm.,1„,„, of	Christian
a„,„3,ier of	properly	°crueler of Prieto or Name of Oveupic Xinne of ownel of rateable situation of rack Descrintion and ini,iii,i,egaillidvois a, nlal Cipiiiil 'Vara; (where par ible i mount

moun

inteil. properly Coe. property. able n1'0110113'. ("„„rds.) ili 'ale, respect of

rated. rate.

Seventh Schedule.

Section 165.

Notice Valuation and Rate.

To

Notice is hereby given that the Council of the Municipality of has ordered and directed that the property (or properties, as the case may he) hereinafter mentioned, of which you are the owner (or occupier), is valued and rated as hereinafter appears.

AssNesos-gent. Lana Rated. An nneal 'Value. Capital Value. Nate hi the S. AleTpttliongpen. in

You are hereby required to pay the above amount of S to the office of the Council within fourteen days of the date of service of this notice. And if the same be not paid as aforesaid, a warrant will be forthwith issued by the Mayor for the recovery of the same with costs.

[If the rate be payable by instalments in pursuance of any by-law of the

Council, alter the form in the manner or to the effect following :—You are hereby

required to pay the above amount of S to the office of the Council by

two equal instalments of S each, on the day of

next, and the day of next. And if either of the said instal- ments be not paid within fourteen days after the day herein named for payment of the same, a warrant will be forthwith issued by the mayor for the recovery of the same with costs.]

Dated this day of 18 .

Date of service 18 .

Clerk.

N.B.—You are requested to bring this notice with you when you come to

pay.

Council Office,

18 .

Received the amount of the rates above mentioned.

Clerk.

To be endorsed as follows :—

Auy person served with this notice may appeal against the valuation put

upon any property as regards the amount thereof or the manner in which

59° VICTORI2E, No. 10.

such valuation has been made, or otherwise howsoever, to the Local Court in the Municipality, by serving a notice in writing, stating the grounds of his appeal, on the clerk of the Municipality within fourteen days after service of this notice, and upon depositing in the hands of the clerk of the Local Court the amount of the rate and Two guineas to answer costs.

The appeal must be entered for bearing within ten days after service of the notice of appeal at the sitting of the Local Court next after the expiration of ten days front the entry of such appeal.

Eighth Schedule.

Section 169.

SCALE OF COSTS.

s. d.

For every warrant of distress	1 0
For every levy	5 0

For man in possession, one shilling per hour for the first three hours, and if longer detained seven shillings per day or part of a day.

For inventory, sale, commission, and delivery of goods, not exceeding one shil- ling in the pound on the net proceeds of the sale.

Ninth Schedule.

Section 170.

Municipality of

Warrant of Distress.

To and his assistants.

Whereas the several persons whose names appear in the Schedule hereunder written are liable to make payment to the Council of the said Municipality of the sums set opposite to their respective names in accordance with the particulars and in respect of the lands respectively mentioned in the said Schedule, and demand for the payment of such sums has been respectively made in the manner prescribed by the "Municipal Institutions Act, 1895," and default has been respectively made in such payment : These are therefore to authorise you forthwith to make distress of the several goods and chattels in the first place of the person or persons named in the said Schedule, if he, she, or they be then resident in the said premises and have any goods and chattels there, and in case of a change of possession then upon the goods and chattels of any person or persons who is the occupier or occupiers in possession of the said premises so named in the said Schedule at the time of the execution of this warrant, and if within the space of five days next after the making of any distress under this warrant, the said several sums of money so distrained for, including your lawful charges for levy, inventory, sale, commission, and delivery of goods in each case are not paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale you retain the respective sums so due and owing according to the said Schedule, and render to the party or parties respectively whose goods you

59° VICTORI}E, No. 10.

Municipalities.

have sold the overplus, and that you certify to me on or before the day

of what you have done by virtue of this warrant.

Schedule.

Name of âescr1ptba 3Prope Of Amount parable in ornate

Ratepayer& .ty. I respect or I fasts. Total.

a. it.C S. a.

Given under my hand and the common seal of the corporation of the municipality of this day of A.D. 18

Mayor.

(L.s.)

---

Tenth Schedule.

Section 178.

Form of Notice.

By virtue of the provisions of " The Municipal Institutions Act, 1895," notice is hereby given to all parties interested therein that the sum of £ has now been due and unpaid for the term of eighteen months in respect of rates struck by the council of the municipality of upon (here

describe the premises) within the said municipality, and payment of the said sum

is now required ; and the owner of the said property, and all other persons interested therein, are hereby warned, that in default of payment of the said sum of £

, together with all expenses caused by the non-payment of the same, on

or before the day of , 18 , to (the person appointed by the council to

receive the same) a petition will be presented by the said council to the Supreme

Court, praying the said court to order the said property, or a competent part thereof, to be sold, pursuant to the provisions of the said Act.

Dated this day of , A.D. 18 .

(Signed) A.B.,

Mayor.

Eleventh Schedule.

Section 179.

Form of Certificate of Sale.

Whereas, by an order of the Supreme Court, dated the day of 18

it was ordered that (here describe the property ordered to be sold) should be sold by public auction by me, the undersigned, and the proceeds of such sale be dealt with as in the said order mentioned; Now I, the undersigned, do hereby certify that the said property was put up to sale by public auction on the day of

and that of became the purchaser thereof, for the sum

of S •

In witness whereof I have hereto set my hand this day of

A .D. 18 .

(Signed) A.B.

59° VICTORI2E, No. 10.

Municipalities.

Twelfth Schedule.

Section 190. --

Municipality of... ...

This is to forbid the council of the municipality of from

proceeding further with a loan, notice of which has been published in the

Government Gazette of the clay of 18

(Signed) A. B. (name of voter) of

Number of votes that the}

voter is entitled to

Thirteenth Schedule.

Section 193.

No. Debenture £

Issued by under the provisions of " The Municipal

Institutions Act, 1895."

Transferable by delivery.

THIS Debenture was issued by the above-named municipality, in pursuance of a notice published in the Western Australian Government Gazette of the

day of and is to secure to [the bearer or the

registered holder, as the case may be] a principal sum of S

payable at on the day of

Interest on the rate of X per centmn per annum on such principal

sum in the meanwhile is payable by equal half-yearly payments on the

day of and the day of and

a coupon is annexed for each payment, which entitles the bearer of such coupon

thereto. Such principal sum and interest are payable at

and are charged in accordance with the provisions of the above-named Act upon

the municipal revenue of the and are not otherwise

secured. S per cent. on the amount of the loan Will be invested every

year in accordance with the said Act to form a sinking fund.

Dated this day of

(L.s.)

A. B., Mayor,

C. D., Treasurer.

By Authority: RICHARD RATHER, Government Printer, Perth.