Municipal Institutions Act 1900 (WA)

Mantra 4ustratta.

ANNO SEXAGESIMO QUARTO

VICTOR-fit PEGINA]. C**** C eilt*nn

No. VIII.

AN ACT to consolidate and amend the Law

relating to Mimicii)alities.

[Assented to, out December, 1900.]

Legislative Assembly of Western Australia, in this present Parlia- p E it enacted by the Queen's Most Excellent Majesty, by and ) with the advice and consent of the Legislative Council and the

ment assembled, and by- the authority of the same, as follows:-

1. Institutions Act, 1900. THIS Act may be cited for all purposes as the Municipal

Short le

2. THIS Act is divided into twenty-three parts, as follows :— Division of Act.

P A wr I.—CONSTITUTION OF MUNICIPALITIES, ss.

9-39.

PART II.—MUNICIPAL COUNCIL—QUALIFICATION OF MAYOR, AUDITORS, AND COUNCILLORS.

ss. 40-125.

PART III.—OFFICERS OF THE MUNICIPALITY, SS.

126-138.

PART	IV.—OUSTER FROM OFFICE, SS. 139-141.
PART	V. —THE COUNCIL, ETC., SS. 142-166.

64° VICTORTIE, No. 8.

Municipalities.

PART VT.—BY-LAWS, REGULATIONS, AND JOINT REGU-

LATIONS, SS. 167-201.

PART VIE—LANDS AND PROPERTY OF MUNICIPALITIES OR OF WHICH THEY ARE TRUSTEES,

ss. 202-205.

PART VIII.—CONTRACTS, SS. 206-209.

PART IX.—POWER TO TAKE LAND FOR WORKS AND

UNDERTAKINGS, SS. 210-218.

PART X.—STREETS, WAYS. ROADS, BRIDGES, FER-

RIES, CULVERTS, ETC., SS. 219-278.

PART	XI.—SEWERAGE, ETC., ss. 279-283.
PART	XII.—LIGHTING, ss. 284-285.

PART XIII.—WATER SUPPLY, SS. 286-289.

PART XIV.—BATHS AND WASHHO USES, ss. 290-293.

PART XV.—POUNDS AND ABATTOIRS, S. 294.

PART XVI.—PROTECTION OF WORKS IN PROGRESS,

ETC., s. 295.

PART XVII.—WEIGHBRIDGES AND MARKETS, SS.

296-321.

PART XVIIE—FUNDS AND REVENUES OF MUNICIPALI-

TIES, ss. 322-324.

PART XIX.—RATES, ss. 325-361.

PART XX.—BORROWING POWERS, ss. 362-397.

PART XXI.—AccouNTs AND AUDIT, SS. 398-411.

PART XXII.—LEGAL PROCEEDINGS AND ENFORCEMENT

OF ACT, SS. 412-445.

3. THE Acts mentioned in the First Schedule to this Act, to

Repeal of Acts. the extent to which the same are thereby expressed to be repealed, are hereby repealed : Provided that such repeal shall not affect property vested, acts and things validated, or authorised powers and protection acquired, and indemnities given under any of the Acts hereby repealedL-

First Schedule.	All contracts may be made, carried out, and varied and enforced as if this Act had not passed.
All creditors shall have the same rights and remedies, and all

debentures shall have the same force and effect as if this

Act had not passed.

All councillors and officers in office at the commencement of

this Act shall remain in office as if this Act had been in

force at the time they were elected or appointed, and they

64° VICTORLE, No. S.

Municipalities.

had been elected or appointed hereunder, and this Act

shall apply to them accordingly.

All by-laws, regulations, and joint regulations in force at the s. 50 Viet., No. 10,

commencement of this Act shall continue in force until s. 103.

they are respectively repealed hereunder.

All rates which, under the Acts hereby repealed, or any of them, are at the commencement of this Act due or payable to, or leviable by or for any municipality, shall be paid, received, levied, and recovered as if this Act had not passed.

All rights and liabilities in respect of any land taken possession of by the council of any municipality for arrears of rates, and the rents and profits thereof, shall remain the same as if this Act had not passed.

All books and documents made evidence shall continue

evidence to the same extent as if this Act had not passed.

All works and undertakings authorised to be executed, and

engagements existing at the commencement of this Act,

shall be carried on under this Act.

All municipal rolls in force at the commencement of this Act shall be deemed to have been made under this Act, and any municipal rolls in course of preparation at the com- mencement of this Act may be completed under this Act, and this Act shall apply to all such rolls accordingly.

4.

sistent therewith, tins Act shall apply to all matters and things matters and things

made, clone, or commenced under any repealed Act, and at the done.

commencement of this Act of any force or effect, or capable of

acquiring any- force or effect by virtue of any Act hereby repealed,

as if this Act had been in force at the time they were made, clone,

or commenced, and they were made, done, or commenced hereunder.

SAVE so far as there is anything in this Act incon- Application of Act to

5.

document, reference is made to any Act hereby repealed, or any of repealed.

the provisions thereof, the statute, by-law, instrument, or document 30 Viet., No. 10, s. 7,

shall be construed and have effect as if reference were made therein

to this Act or the corresponding provisions hereof.

WHERE by any statute, by-law, instrument, or other „e ference to Acts

O. IN this Act, save where there is something in the context Interpretation.

inconsistent therewith :—

" Cattle " shall include horses, mares, fillies, foals, geldings, colts, camels, bulls, bullocks, cows, heifers, steers, calves, asses, mules, sheep, ewes, wethers, rams, lambs, goats, dogs, and swine.

64° ITICTORLE, No. 8.

Municipalities.

See 59 Viet., No. 10,

" Council ' shall mean the council of a municipality.

" Duties " includes responsibilities and obligations.

" Land " shall include all reclaimed land, houses, buildings,

and other structures or property erected thereon, or there- under, but shall not include any machinery, whether affixed to the soil or not, for the purposes of valuation of the annual value.

" Mayor " shall include chairman.

" Minister " shall mean the Minister of the Crown adminis-

tering this Act or the part of this Act to which the

expression refers.

" Municipality " shall mean any locality the citizens or inhabitants of which are already incorporated or become incorporated under this Act.

" Occupier " shall mean the inhabitant occupier of any land, or, if there be no inhabitant occupier, the person entitled to the possession thereof, and shall include leaseholder or holder under agreement for lease.

Owner" shall include the person for the time being re- ceiving 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.

• Passenger vehicle " shall include any carriage, wagonette, cabriolet, cab, public conveyance, tramway car, motor, cart, coach, omnibus, spring cart, or other vehicle of a like nature plying for hire.

•• Pave, paved, and paving " shall mean and include making a hard and convenient surface with asphalt, flags, things, or other stones, wood, gravel. metal-siftings, shell, or any other material not being sand which the council deem it expedient to use for such purpose.

• Person " shall mean and include partnership, company, or

corporation.

Powers " includes rights, jurisdiction, capacities, privileges,

authorities, and immunities.

"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.

•

Public reserve" includes park lands, squares, reserves, and

lands included in or adjoining any municipality which are

64° VICTORUE, No. S.

Municipalities.

at the commencement of this Act or hereafter may be declared to be set apart for the use and enjoyment of the inhabitants of such municipality, and vested in or under the care, control. or management of the council of the municipality.

"Ratepayer " includes the occupier of any ratable laud and

the owner.

" Returning officer " shall include deputy returning officer.

" Way " shall include every square, alley, court. highway,

terrace, and thoroughfare which the public are allowed to use within the limits of a municipality less than sixty- six feet in width.

" Surveyor " shall mean the surveyor for the municipality or other officer authorised to act as such for the time being.

" Town Clerk" shall include the clerk of the municipality or any officer appointed to act as such for the time being.

" Street " and " Road " shall mean and include every thorough- fare which the public are allowed to use, within the limits of a municipality, being sixty-six feet or more in width.

7. required to be published or advertised, the same shall be inserted	IN all cases in which any matter or thing is hereby	In what newspapers
eertidn advertise- ments shall be

in a newspaper generally circulating in the municipality. published.

8. -WHENEVER any day, or the last of several days, Sundays. holidays,

provided or appointed by or under this Act for any purpose in any	eta
year happen on a Sunday, Good Friday, Christmas Day, or bank	50 Wet.. No. 10,
holiday, or a gazetted or public holiday then such provisions and	s. 30.
appointment shall take effect as for the next following business clay.

PART 1.—CONSTITUTION OF MUNICIPALITIES.

9. THE inhabitants of every municipality for the time being,

subject to the pr ovisions of this Act shall, under the name of the blottl3̀1,iecirli)jotilltt il ese thw ith

mayor and councillors of such municipality as the case may be, be a common seal.

body corporate with perpetual succession and a common seal, with

power to break, alter, and change the same from time to time with

the approval of the Governor, and. shall by such name be capable in

law of suing and being sued, or purchasing, holding, and alienating

land, and of doing and suffering subject to the provisions of this Act

all such other acts and things as bodies corporate may by law do and

suffer ; and the corporation of every municipality as constituted

under this Act shall be the same corporation as the corporation of

the same municipality existing at the commencement of this Act.

64° VICTORI}E, No. 8.

Municipalities.

And every municipality subject to the provisions of this Act shall be governed by a council, and all acts of the council shall be deemed to be acts of the municipality.

Constitution of

10. SUBJECT to the provisions of this Act, for the govern-

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

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

Council.

ment of every municipality, there shall be a council, which shall

59 Viet., No. 10, s.

consist, where the population is declared by the Governor as herein-

after mentioned to be

mayor and nine councillors ;

(c.) Over five thousand, of a mayor and twelve councillors, or

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.

Power of Governor 11. (1.) THE Governor may, subject to the provisions of

to declare munici-	this Act, from time to time, by proclamation declare any town or
palities.	locality containing ratable property capable of yielding upon a rate not
See 59 Viet., No. 10,	exceeding One shilling in the pound on the annual value thereof,
5. 9.	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 munici- pality ; 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 same are hereby constituted a body corporate and 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 any municipality into wards and define the

Declare wards. boundaries thereof.

(b.) Unite any two or more municipalities which form

Unite municipalities.

one continuous area so as to form one municipality.

(c.) Sever any portion of a municipality therefrom, and

Sever portion. either declare such portion to be a new municipality or annex the same to some other municipality or some roads board 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 any directions as to any matters and things that may be necessary to do justice as between the municipalities or roads boards concerned.

or VICTORI}E, No. 8.

Municipalities.

(d.) Annex any land forming with the municipal district Annex out-lying dis-

of some municipality one continuous area to such triot.

municipality.

(e.) Alter the boundaries of or abolish in part or in the Alter boundaries.

whole the wards or subdivisions existing in any

municipality.

(f) Create new wards within a municipality.	Create new wards.
(g.) Determine and alter within the limits prescribed by this Act the number of councillors assigned to any municipality.
(h.) Alter and adjust the boundaries of conterminous municipalities, and determine any questions arising out of such alteration and adjustment, and from time to time make any apportionment of property, rights, and liabilities, and give any directions as to any matters and things that may be necessary to do justice as between the municipalities.	Alter boundaries.
(i.) Declare any municipality having in the year pre- ceding such declaration a population of twenty	Declare municipality
a city.

thousand and a gross revenue of twenty thousand

pounds a city.

(j.)	Alter the name of any municipality and of the corporation thereof.	Alter name of muni-
cipality.

(k.) Declare the number of the population of any munici- Declare number of

pality. population.

( 3 .) When, in consequence of the exercise of any of the Rights and liabilities

foregoing powers, any rights, liabilities, or matters require to be	to be settled.
adjusted, the Governor may, by order, settle and adjust the same.

Division 1.—New Municipalities.

12. WHEN any new municipality is constituted, having for Adjustment of rights,

or included in its municipal boundaries the whole of or a portion	etc., between old and new municipalities,
severed from a previously existing municipality, roads board, or	etc.
other corporation, the following consequences shall follow :—

(a.) All by-laws and regulations of such previously existing municipality in force in the portion of the municipality,	Lee. Govt.	Act (Vic.),
s. 17.

roads board, or other corporation, forming or in- cluded in the boundaries of such newly-constituted municipality shall, so far as the same are applicable, be deemed by-laws and regulations respectively of such newly-constituted municipality, and may by it be

64° V1CTORIX, No. 8.

Municipalities.

repealed or altered ; and, save as aforesaid, all by-laws and regulations of such previously existing municipality, roads board, or other corporation shall, as to the portion forming or included in the boundaries of the newly-constituted municipality, be repealed.

OD Such newly-constituted municipality shall become jointly liable with such previously existing municipality, roads board, or other corporation, in respect of all debts and liabilities clue or incurred at the time of the severance with respect to the portion so severed.

(r.) No action, suit, or other proceeding, by or against any such previously existing municipality, roads board, or other corporation shall be affected or abated.

(d.) Such newly-constituted municipality shall be entitled to such portion of the property and assets of the previously existing municipality, roads board, or other corporation ; and shall be as between it and such municipality, roads board, or other corporation, liable to pay such portion of the debts and liabilities thereof as bears the same proportion to the whole as the value of the ratable property in the portion of the municipality, roads board, or other corporation, severed from such previously existing municipality, roads board, or other corporation bore to the value of the ratable property in the whole municipality, roads board, or other corporation upon the last valuation before the severance.

Division 2.--Union Union of Municipalities.

Order milting 13. EVERY proclamation uniting two or more municipalities

municipalities.	shall assign a name to such united municipality.
Ibid., 8. 18.
UPON any such union of municipalities, the municipality formed by such union shall have a municipal district being the aggregate of the municipal districts of the municipalities united, and shall be deemed to be one and the same municipality as each of the municipalities by the union of which it was formed ; and all rights and duties of such municipalities against or owing to each other shall be extinguished, and all land, property, moneys, rights, and liabilities of. and all rates due, contracts and engagements existing, and all actions, suits, and prosecutions pending, and all matters and things not otherwise provided for, made, or done by or on behalf of each of the municipalities so united shall vest in and attach to and be deemed to have been made , or done by or on behalf of the municipality formed by such union.

Effect of union on 14.

64° VICTORIIE, No. S.

UPON any union of municipalities all the by-laws and regulations in force in any of the municipalities united at the time	Effect of union on
by-laws.

15.

of the union which are applicable to the altered circumstances shall

s. 21.

become by-laws and regulations, respectively, of the municipality formed by such union, and may be by it repealed or altered, but until so repealed or altered every such by-law and regulation shall remain in force in the district only in winch it was in force previous to such union ; and every by-law and regulation which cannot be restricted to any particular district shall be deemed inapplicable, and all by-laws and regulations which are inapplicable to the altered circumstances shall be by such union repealed.

16.     UPON any union of municipalities. the council formed Met of union on

by such union shall, until the conclusion of the next annual election,	Council.
C oun
consist of all the councillors of the municipalities united or who	Ibid., pt. s. 22.
may be elected to fill extraordinary vacancies.

Division 3.—Severance front Municipal Districts.

17.     EVERY proclamation severing any portion of a muni- Powers in event of

cipality therefrom may abolish all the wards, and either conaitute severance.

the municipality as undivided or re-divide the same into wards. Ibid., s. 23.

Should the prochunation not abolish all the wards, the same shall be deemed to abolish every ward so severed, and as regards every ward of which a portion only is severed, shall either abolish such ward and annex the residue thereof to some other ward, or in separate portions to some other wards, or shall declare that such residue shall thence- forth be deemed a ward.

18. IN case any ward is abolished, the councillors returned Reduction .

therefor shall, upon such abolition, cease to be members of the (, efucelaltqw7onfncil

council, and the number of the councillors shall be reduced division'

accordingly. Ibid., s. 24.

19.     THE powers in that behalf hereinbefore provided shall Number not to be

not be exercised in such a way as to reduce the number of councillors reduced to less than

assigned to any municipality to less than six.	six.
Ibid., s, 25,

Division 4.—Annexation to Muoicipalitios.

WHEN a proclamation annexing any district to a muni- cipality divided into wards retains the existing divisions and now a	annexation of
divlision affects

20.

constitutes a new ward, such new ward shall immediately thereupon the council'

be entitled to return as many councillors as sit for each of the previously existing wards, and the number of the council shall be increased accordingly, but the council shall not be otherwise affected by such proclamation.

64° CTORUE, No. 8.

Municipalities.

Effect of annexation 21. UPON the annexation to a municipality of any portion

on by-laws.

severed from another municipality, roads board, or other corporation,

Ibid s. 30.

all by-laws and regulations in force in the portion severed, which are applicable to the altered circumstances thereof, shall remain in force therein, and as so in force shall be deemed by-laws and regulations respectively of the municipality to which the same is annexed, and may by it be repealed or altered, and no by-law or regulation of such municipality the application whereof can be restricted to any separate portion of the municipality shall be deemed in force in such annexed portion unless and until it is by any by-law or by-laws provided otherwise; and all by-laws and regulations of the munici- pality, roads board, or other corporation of which such portion was severed, which are inapplicable to the altered circumstance, shall as to such severed portion be by such severance repealed.

Division 5.--Division of Municipalities and Alteration in the

Council.

How division, alter-22. WHEN any proclamation is made whereby the number of ation in the division councillors in any municipality is altered, or any municipality is or in the number of divided or redivided, such proclamation shall not affect the councilcouncillors affects the

council.	or the filling-up of extraordinary vacancies therein until the conclu-
Ibid., s. 31.	sion of the annual election next after such proclamation takes effect.

when alterations in 23. A PROCLAMATION altering the boundaries of any

divisions deemed	wards in any municipality or annexing any portion to any ward
abolition or re-
division,	shall not be deemed to redivide the municipality or abolish the wards thereof, or in any way to affect the council or councillors of the
Ibid., s. 32.	municipality, unless it is so expressed in the proclamation.

Division 6.—Changes in Name.

Change of name of 24. AFTER the taking effect of any proclamation changing

municipality.	the name of any municipality, the name shall be changed accordingly;
See 59 Viet., No. 10,	but such municipality shall notwithstanding be deemed the same
s. 10	before and after such change of name, and no action or other
Local Government	matter or thing shall be affected or abated thereby.
Act (Vic.),part s.33.

Division 7.—Procedure.

Exercise of the 25. THE Governor may exercise any of the powers herein-

powers conferred on	before conferred after the presentation of a petition in pursuance of
the Governor.	the provisions of this Act for the exercise thereof, and after the
Local Government	publication of such petition as herein described and the lapse of one
Act (Vic.), s. 34.
month at the least from the day of such publication, and except as hereinafter provided, not otherwise ; but it shall be in the discretion of the Governor absolutely to refuse the prayer of any such petition or to grant the whole or any part thereof.

64° VICTORIIE, No. 8.

3finicipalities.

26. PETITIONS for the exercise of the powers contained in Signature of

this Act must be signed respectively in manner hereunder provided petition.

(that is to say)— s. 35, in part.

(r.) For the constitution of a municipality, by not fewer than fifty persons who would, upon the incorporation thereof, be liable to be assessed for municipal taxes in respect_ of land or household residence within any proposed municipality, whether actually resident within the same or not, including a majority of the persons on any municipal roll in respect of land in any portion of any municipality, roads board, or other corporation proposed to be included in such municipality.

(2.) For the union of municipalities, with the common seal of the municipalities affected.

(3.) For the annexation to a municipality of a portion severed from another or a roads board or other corporation, by a majority of the persons on the municipal or other roll in respect of ratable land in such portion.

(4.) For the annexation of an outlying district to a municipality, by not less than twenty persons, either resident house- holders or owners of ratable land within such outlying district, with the common seal of the municipality to which it is proposed to be annexed.

(5.) To divide or redivide any municipality or to alter the boundaries of or abolish the wards existing in any municipality by one-third of the persons on the muni- Proportion altered

cipal roll, from one-fourth.

(6.) For the alteration of the number of councillors for any

municipality, with the common seal of the municipality.

(7.) To declare any municipality a city, with the common seal of the municipality.

(8.) To alter the name of any municipality, with the common seal of the municipality.

A petition signed so as to support the exercise of any of the powers hereinbefore mentioned shall be deemed sufficiently signed to support the exercise of any other of such powers which may be necessary for the convenient exercise of such first-mentioned power.

27. THE Governor may by proclamation alter, for the pur- Power to adjust

pose of adjustment, the boundaries of conterminous municipalities or	boundaries.
wards without petition.	Ibid., s. 36.

28. IF within one month after the publication of any petition Counter-petition in

praying for the constitution of a municipality, or the division or	certain cases.
redivision of or the alteration or abolition of the divisions in any	Ibid., s. 37.

64° VICTORLE, No. S.

Municipalities.

municipality, a counte •-petition, in accordance with the provisions of this Act, signed by an equal or larger number of persons qualified to sign a like petition than have signed the petition be presented, no proclamation shall be made on such petition.

Presentation of 29. EVERY petition and counter-petition shall be addressed

petition and count	to the Governor, and shall be left with the Minister, which shall be
Petition.	deemed the presentation thereof.
Ibid., s. 30.

Verification of 30. THE signatures to any petition or counter-petition shall

petition.	be verified by solemn declaration made before any Justice of the
Ibid., s. 40.	Peace of some person signing the petition ; and such declaration shall be in the form or to the effect in the Second Schedule hereto, and
Second Schedule.
no petition or counter-petition shall be received by the Minister unless the same be accompanied by a declaration in accordance with the provisions of this section.

IF it shall be credibly represented to the Minister that any of the signatures to ally petition or counter-petition are not the signatures of the persons whose signatures they purport to be, or that ally such signatures are those of persons not qualified to sign, or that certain persons have signed both the petition and counter- petition, or that in any other respect the provisions hereof with regard to such petition or counter-petition have not been complied with, or if it shall seem expedient to ascertain the truth of any matter to which such petition or counter-petition refers, it shall be lawful for the Minister to cause an inquiry to be made with respect thereto, and the consideration of the matter by the Governor shall be deferred until the person appointed by the Minister to make such inquiry shall have made and submitted his report thereon.

Scrutiny ofsigma. 31.

tures.

Power to take 32. FOR the purpose of every such inquiry it shall be lawful

evidence.	for the person appointed in that behalf by the Minister to hear,
See ibid.. s. 45.	receive, and examine evidence, and by summons under Ids hand to require all such persons as he may think fit to appear personally before him, at a time and place to be appointed in such summons, and to produce before him all such books and papers in their possession or under their control as may appear necessary for their examination, and other the general purposes of this inquiry.

THE results of such inquiry shall, within one month after such appointment as aforesaid, be embodied in a report to the

Report. 33.

See ibid. Minister, and submitted to him by the person so appointed ; and after consideration of such report the Governor shall take such further proceedings in connection therewith, under the provisions hereof, as May be deemed necessary.

64° VICTORLE, No. 8.

Municipalities.

34.

EVERY petition shall state precisely what exercise of any of the powers hereinbefore conferred on the Governor is sought	Form of petition.
by the petitioners, and shall pray for the specific exercise thereof.

— Ibid., s. 41.

Every petition for the constitution of a new municipality, or the division or re-division of a municipality shall describe the boundaries of the proposed new municipality of the district proposed to be annexed or of every proposed division, as the case may be, and every petition shall state an address at which notices may be served on the petitioners.

35.      THE same petition may pray for the exercise of any one Petition .nay • pray

or more of the powers hereinbefore conferred on the Governor, and for the exercise of

more powers than

every petition shall be framed so as to enable the subject-matter of	one.
such petition to be completely disposed of in one proclamation.

36.       ON the presentation of any petition the Minister shall cause Publication of sub-

of the Government Gazette, and the last day on which such petition petition.	the substance and the prayer thereof to be published in four issues stance of prayer of
is so published shall be deemed the day of the publication thereof. Mid., B.13.

37.      EVERY proclamation made under the provisions of this Order to take effect

part of this Act shall be published in the Government Gazette, and on publication.

shall take effect from the clay of such publication. Ibid., s. 46.

38.      ANY error in any proclamation under this part of this Rectification of

Act or under any of the analogous provisions of the Acts hereby errors.

repealed may be rectified by the Governor by any subsequent	Ibid., s. 47.
proclamation.

39.      A COPY of the Government Gazette purporting to be Gazette to be eyi.

printed by the Government Printer, containing any such proclama- deuce.

tion as aforesaid, shall be received in all places and at all times as 59 Viet.. No. 10,	5. 11.
evidence of the facts mentioned in such proclamations.

PART 11.—MUNICIPAL COUNCIL, QUALIFICATION OF MAYOR.

AUDITORS, AND COUNCILLORS.

Division 1.—Qualifications.

UNLESS disqualified under this Act, every owner or occupier liable to be rated in respect of land of the ratable value of	Qualification of
councillors.
mayor and
not less than Ten pounds shall be eligible for election as a mayor	See 59 Viet., No. 10.
or councillor for any such municipality: Provided that no councillor	ss. 55, 56
shall be capable of being elected an auditor in and for the munici-	(amended).
pality of which he is a councillor.

40.

41.      NO female nor minister of religion, and no uncertificated or Disquabfic

undischarged bankrupt, and no person attainted of treason or

64° VICTORLE, No. 8.

Municipalities.

Local Government convicted of felony or perjury, or any infamous crime ; no person of Act (Vic.), s. 50. unsound mind, nor any person under composition with his creditors See 59 Viet., 10, s. 54. by any deed of assignment or arrangement under or by virtue of

the Bankruptcy Act, 1892, or any amending Act, duly executed by him, shall be capable of being or continuing a mayor, auditor, or councillor of any municipality.

Disqualification on 42. NO person holding any office or place of profit under or

the ground of	in the gift or disposal of the council of any municipality, or concerned
interest.	or participating- in any manner, whether directly or indirectly, in any
59 Viet., No. 10, s. 54.	contract or employment with any municipality or in any works to be done under the authority of any such council, shall be capable of being or continuing mayor or councillor of the municipality: Provided that such disqualification shall not extend to any mayor or councillor by reason of his being beneficially interested in any news- paper in which the council inserts advertisements, or by reason of being a proprietor or shareholder, or a shareholder in any duly incorporated company, having at least twenty bond fide share- holders, during a contract or contracts with any council, or who, in the ordinary course of business, and not pursuant to any written con- tract bond fide sells goods to or does work for such municipality ; but no mayor or councillor being such proprietor or shareholder, or selling goods to or doing work for, as aforesaid, shall take part in any discussion, or vote on any question relating to any such matters as aforesaid in which he is interested.

43.      THE disqualification for the office of auditor shall be the

Qualification and dis-

qualification of audi-	same as in the case of a mayor or councillor.
tors.

44.       NO person elected to be mayor, councillor, or auditor under

No mayor, councillor,

or auditor to enter	this Act shall be capable of acting as such until he has first taken
on office till he has
taken oath.	the oath of allegiance to Her Majesty, Her Heirs and successors as
See ibid., s. 97.	follows :—" I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Colony of Western Australia. So help me God." And in like manner has made and subscribed the declara- tion following (that is to say): " I, A.B., having been elected mayor (or one of the auditors or councillor, for as the case may be), do hereby declare that I take the said office upon myself, and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability." And in case any person elected as mayor, councillor, or auditor does not within two months after his election take such oath and make and subscribe such declaration, his seat shall become vacant. The said oaths shall be taken by reading the same aloud in the municipal chamber or other

64" VICTORIJE, No. 8.

Municipalities.

All acts and proceedings of any person elected and acting as mayor, councillor, or auditor shall, notwithstanding that any such person has not been or is not duly qualified. be as valid and effectual as if such person had been duly qualified.

Division 2.—Retirement and Vacancies.

Mayor, councillors, 47. THE mayor. councillors, and auditors, when elected, shall

and auditors, when	enter upon their duties on the first day of December following the
to enter on office.	annual election : Provided that where an election is -held for the first

See ss. 91, 92. time, or where an additional number of councillors are elected, or an extraordinary vacancy occurs under the provisions of this Act, councillors shall enter upon their duties immediately after election. Any mayor or auditor elected on or after the first day of July in any year shall remain in office until the thirtieth day of November in the year following the election.

Councillors when to 48. THE councillors shall go out of office in the following

resign office. order : that is to say, in case the municipality is not divided into Ibid.,.. s. 92. wards, if the number of councillors be divisible by three, or, if

divided into wards, one-third of the councillors shall go out of office on the thirtieth day of November following the first election, another one-third on the thirtieth day of November succeeding, and the remaining one-third on the thirtieth clay of November after that. Where, under the provisions of this Act, an additional number of councillors have been elected, one of such councillors shall go out of office on the thirtieth day of November following their election, another on the thirtieth clay of November succeeding, and the other on the thirtieth day of November following. After the first election all councillors shall be elected for a term of three years. Where the municipality is not divided into wards, and the number of councillors consists of not more than six, one-third shall go out

f office on the thirtieth day of November following the first election, and another one-third on the thirtieth day of November after that ; and the remaining one-third on the thirtieth day of November following. The councillors to go out of office shall always be those who have been longest in office without re-election and in cases where two or more councillors are elected on the same day, as between themselves, those having the smallest number of votes at such election shall be deemed the longest in office for this purpose ; and as between any councillors who may he elected by an equality of votes or without a poll it shall be determined by lot in what rotation, as between themselves, such councillors shall retire.

Extraordinary 49. IF any mayor, councillor, or auditor shall die or resign

vacancy.	Ins office, or shall neglect or refuse to accept such office in the
See ibid., s. 93.	manner and within the time prescribed, or shall, by any rule or

64° VICTORI2E, No. 8.

Municipalities.

place used for the meeting of the council, and subscribing the same, in the case of the mayor, before his predecessor as such mayor, or a Justice of the Peace, and in the case of a councillor or auditor, before the mayor of the municipality : Provided that if the taking of an oath is according to the religious belief of any person so elected unlawful, such person may make and subscribe the following affirmation, which shall be made and subscribed in like manner and in the same place and at the same time as the oath is by this section required to be taken and subscribed :—" I, A.B., do solemnly declare that the taking- of an oath is according to my religious belief unlawful, and I do sincerely promise and affirm that I will be faithful and bear true allegiance to Her Majesty Queen Victoria as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Colony of Western Australia." And whenso- ever the demise of Her present Majesty (whom may God long preserve) or of any of Her successors shall be notified by the Governor to the Council, the members of the Council shall, before they shall be permitted to sit and vote therein, take and subscribe the like oath or affirmation of allegiance to the successor for the time being to the Crown.

45.      ANY person holding the office of mayor or councillor, supervening dis-

being adjudicated bankrupt, or having executed any deed of assign- qualification.

ment, or arrangement with his creditors under the Bankruptcy Act, see

93.

1892, or any amending Act, or being absent without leave from the meetings of the council for more than four ordinary meetings, or ceasing to be qualified as required by section forty, shall thereby become disqualified, and shall cease to hold such office : Provided, however, that every person becoming disqualified by reason of being adjudicated bankrupt or the execution of any deed of assignment or arrangement as aforesaid, shall, on obtaining Ins certificate, or on payment of his debts in full, or obtaining a release from his creditors, be capable of being re-elected.

46.       EVERY person who acts as a mayor, councillor, or auditor, penalty for acting

being incapacitated under the provisions of this Act to be or continue when disqualified.

such, or before he has made and subscribed the declaration as afore- See ibid., s. 31.

said, shall, save in the case of incapacity proceeding from unsound-

ness 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, before any

two Justices ; 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, and had made and subscribed the declaration,

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 mayor, councillor, or auditor under this Act.

64° VICTORI7E No. 8.

Mu

Joint owners may 54.

WHERE more persons than one are jointly liable to be by writing under their hands, delivered on or before the first clay of September in any year to the town clerk, appoint one of their number to be enrolled in respect of such land, and such person shall, for the purposes of this Act, be deemed liable to be rated in respect of such land.

appoint one of their	rated in respect of land in any municipality, such persons may,
number to be
enrolled.
Mayor and auditors

55.

THE mayor and auditors shall be elected by the persons being within the municipality, and at any such elections, and also in voting upon the question of any proposed loan, as hereinafter mentioned, each person shall have a number of votes proportionate to the ratable value of the land of which such person is seised or possessed as owner or occupier, set against his name on the said list, according to the following scale:—

by whom elected.	whose names are on the municipal electoral list in force for the time
Ibid., s. 38.

RATABLE VALUE. OF LAND. 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.

The councillors for each ward shall be elected by the per soils Mingo names are on the ward electoral list in force for the time being within such ward ; and at any such election each person shall have one or two votes proportionate to the ratable value of the land 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 according to the following scale:—

RATABLE VALUE OF LAND. NUMBER OF VOTES.

Fifty pounds and under One.

Exceeding fifty pounds • • . Two.

56. ON or before the twentieth day of September in each

See ibid., s. 39.	year the town clerk shall make out, according to the form
Third Schedule.	given in the Third Schedule to this Act, a list to be called "The Voters' List," of the names 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 and&tors, and shall arrange

64° VICTORLE, No. 8.

Municipalities.

order of the Supreme Court to be made as hereinafter provided, be declared ousted of such office, or shall otherwise become disqualified, then the office of the same shall become vacant, and every such vacancy shall be deemed an extraordinary vacancy.

EVERY person elected to fill an extraordinary vacancy have been elected when his immediate predecessor in office was ordinary vacancy. on election on extra-

50. for councillor, shall be deemed, for the purpose of retirement, to Duration of office

elected, and shall retire accordingly : Provided always, that such see ibid., s. 96.

person so retiring shall be capable of being re-elected, if duly

qualified.

51. may at any time resign, and the resignation shall be held to be Power to resign' EVERY person elected as mayor, councillor, or auditor complete from the date of its being received by the town clerk. Ibid., e. 98.

Division 3.—Municipal Roll.

52. years, being resident within the Colony and not subject to any legal Qualification of EVERY British subject of the full age of twenty-one

electors.

incapacity, who— See ibid., s. 37

.) On the first day of September in any year is seised of altered.

or in occupation of any ratable land within the limits

of any municipality or city ; and

(2.) Has, on or before the 1st day of September, paid all sums due and payable by him in respect of Health Rates, and any rates and assessments ordered to be struck by the council for the current year,

shall be entitled to have his name inserted in the municipal electoral list for such municipality, and the ward electoral list for each and every ward in which any such land is situated; provided that in no case shall the owner of land and the person in occupation thereof be both separately enrolled or inserted in such list in respect of such land, or any part thereof; and provided also that the person in occupation of any ratable land shall be entitled to be enrolled in respect of such land instead of the owner thereof.

53. respect of land in any municipality, such corporation or firm

WHEN a corporation or firm is liable to be rated in may, by letter, delivered on or before the first day of September in person to be placed Power sr t o cn ootr- a a

to nominate

any year to the town clerk, appoint a person to be enrolled in the on the roll.

place of such corporation or firm, and such person shall, for the purposes of this Act, be deemed liable to be rated in respect of land in such municipality of equal ratable value to that for which the corporation or firm is liable to be rated.

64° VICTORLZE, No. 8.

Municipalities.

such list according to the alphabetical order of surnames contained therein, and shall state in such list against the name of each person the several particulars indicated in the several columns of the said schedule. The said lists so prepared shall be signed or initialled by the mayor, and a copy thereof shall, on the said day, be affixed on some building in each ward.

57. ANY person on or before the thirtieth day of September in Persons omitted

any year

from or dissatisfied

with such lists may

(a.) Whose name has been omitted from such electoral lists may apply by letter, delivered or sent through the post	claim to have their
names inserted.

addressed to the town clerk, to have his name inserted	Ibid., s. 42, with
therein, and shall give particulars of his claim ;	addition.

(b.) Whose name has been inserted in such electoral lists as a voter, who is dissatisfied with such lists as not specifying the full ratable value of the land of which lie is seised or possessed, may likewise apply to the town clerk to have the amount of such ratable value altered, and shall give particulars of such claim;

(c.) Whose name appears on such electoral lists or who claims to have his name inserted in such lists may object to any other person as not being entitled to have his name retained thereon ; or as not being entitled to have the number of votes set against his name therein ;

(d.) Whose name has been omitted from such electoral lists and who claims to be entitled to have a vote or votes for any ratable land for which the name of some other person is entered in such lists, may likewise apply to the town clerk to have his name substituted for the name of such other person. New.

Provided that any claim or objection under Sub-sections (c) Fourth Schedule.

and (d), and the grounds of such claim or objection shall be made in duplicate by the person so claiming or objecting in the forms given in the Fourth Schedule hereto, or to the like effect personally, or through the post to the town clerk, and it shall be the duty of the town clerk to send one of such notices to the person objected to.

58. THE mayor shall cause lists to be made showing the Lists to be published

names and addresses of the several persons claiming to have their	of persons claiming
names inserted on such electoral lists, or to have the amount of	jected to.
and of persons ob-
the ratable value of the lands set against their names on such
electoral lists altered, and the particulars of such claims ; and	Ibid., s. 43.
also of the persons whose names, or the ratable value of whose lands have been duly objected to as aforesaid; and shall cause a

64" VICTORI}E, No. 8.

Municipalities.

copy of every such list, with appropriate headings to the same, showing the contents thereof, to be affixed on some building in each ward on or before the third day of October in each year.

Council of every 59. THE council shall hold an open Court to be called a

municipality to hold Revision Court within the municipality for the purpose of revising

a Court for revision the electoral lists thereof ; and such revision shall take place at suchof list.

Ibid., s. 44. time and place as the mayor shall appoint, between the tenth and twentieth days of October (both inclusive) in each year ; 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 some building within the municipality and by advertisement in some news- paper. The Court shall consist of the mayor of the municipality, or, in his absence, of a chairman appointed by the other members of the Court, 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 or the town clerk shall adjourn the Court.

Clerks, valuers, and60. THE town clerk shall himself, or by some person on his

collectors to attend behalf, if he be prevented from so doing, attend the Revision Court. Court, and produce to the said Court the voters' list, and also

copies of the lists (if any) of the persons who have sent in claims, and of the persons who have oeen objected to ; and the valuer or valuers, and all collectors of rates, shall attend the said Court, and produce to the said Court all books, papers, and documents in their possession connected with their respective offices, and shall answer all such questions as the Court may put to them touching any matters necessary to be ascertained for revising the voters' list.

THE Revision Court shall have authority to hear, receive, mayor, require all persons as the Court may think 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 books and papers in their possession or under their control as may 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 mayor may issue any such summons at any time after he has appointed a time for holding the said Court, and the said Court shall, by the decision of the majority, determine upon the validity of all claims and objections,

Revision Court may 61.

summon witnesses.	and examine evidence, and, by summons, under the hand of the
Ibid., s. 45.

64° VICTORLE, No. 8.

Municipali ties.

and any person failing to obey the summons of the said Court shall be liable to a penalty not exceeding Ten pounds, recoverable before any two Justices.

62. THE Revision Court shall insert in the voters' list under Hearing of claims

proved to the satisfaction of the Court to be entitled to be inserted correction of voters	revision the name of every person who has claimed as aforesaid, and is and objections, and
in the voters' list for one or more votes, according to the provisions Ibid., s. 46.
of this Act, and shall retain on the said list the names of all persons to whom no objection has been duly made and the number of votes set against the same unaltered, and shall also retain on the said list the name of every person who has been objected to by any person and the number of votes set against the same unaltered, unless the person so objecting appears by himself, or by someone on his behalf, in support of such objection, and proves the service of the requisite notices ; and when the name of any person inserted in any list, or the number of votes set against the same has been duly objected to, and the person objecting appears by himself or by someone 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 and no more ; and in case the qualification of such person is not proved to the satisfaction of the Court, the said Court shall expunge the name of such person from the said list, or shall alter and correct the number of votes set against the same, as the case may require ; and the said Court shall also expunge the name of every person who is proved to be dead, and shall, by means of inspection of the voters' list, rate-book, and valuation and return, correct any mistake, or supply any omission which may appear to such Court to have been made in any of the said lists in respect of the name, place of abode, or trade or occupation of any person who is included therein, or in respect of the local description of the ratable property, or the situation or the ratable value thereof : Provided always, that no person's name shall be inserted by the said Court in any such list, or shall, except in case of death, be expunged therefrom, unless notice has been given as is hereinbef ore required in each of the said cases.

63.

IN case it appears to the Court that any person has made or attempted to sustain any frivolous or vexatious claim or objection,	Costs in frivolous or
vexations claims or
objections.
it shall be lawful for the Court to award such costs, not exceeding

Five pounds, as it may seem meet, to be paid by such person to the

s. 47.

person resisting such claim or objection ; and the same may, in

default of payment, be recovered before any two Justices.

64.

THE mayor shall, in open Court, write his initials against the name struck out or inserted as aforesaid, and against	Certificate, etc., of re-
vision of voters' list.
Ibid., s. 48.

64° VICTORI}E, No. 8.

Alunicipatities.

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

THE list so signed and certified shall be delivered to the town clerk, who shall copy the names of the electors in alphabetical order in a roll or book in the form contained in and

Clerk to make out 65.

roll.

I bid., s. 49 (varied) )

Fifth Schedule. with the several particulars required by the Fifth Schedule, and shall prefix to every name a number, beginning such numbers at the first name on the roll with the number one, and continuing them on in regular arithmetical series to the last name thereon, and shall cause a sufficient number of copies of the roll to be printed, and shall sign and deliver the said roll to the mayor of the municipality.

THE printed roll, so signed as aforesaid, shall be the ward municipality, and shall continue in force until new lists or rolls 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.

Roll signed to be 66.

voters' roll. electoral list or roll and municipal list or roll respectively for the

s. 50.

Clerk to furnish 67. THE town clerk shall from time to time furnish a copy or

copies of lists.

copies of such electoral lists to any person requiring them on the

Ibid., 5. 51.

payment of a. reasonable price for the same, not exceeding the

sum of Five shillings for each copy.

68.      ANY copy purporting to be a copy of the said electoral

Signed copy of list to

be evidence.	lists or rolls for any municipality, and signed by the mayor or town
Ibid., s. 52.	clerk, shall be prima facie evidence of such list and of the contents
thereof.

Omission to publish, 69. NO omission to affix copies of any such lists or rolls as

etc., not to invalidate	aforesaid, or to keep any list or roll for perusal or inspection, shall
proceedings.
Ibid., s. 53.	be deemed to prevent, invalidate, or render imperfect any of the proceedings with regard to the compilation or completion of any such list or roll.

Governor may 70. IF from ally cause anything connected with the prepara-

appoint time for	tion or revision or completion of the electoral lists for a munici-
doing anything
connected with	pality has not been done within the time appointed or limited for
electoral lists not	that purpose. the Governor may, at the request of the council, by
being done within
time prescribed.	an order to be published in the Government Gazette, direct the same
Ibid., s.	to he clone, and may appoint the several times and intervals of time,

64° VICTORIX, No. 8.

or the several remaining times and intervals of time, as the case may require, at or within which the acts hereinbefore required 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

shall be rectified, and such lists shall be validated according to

the tenor of such order.

71. electors shall have been revised and made up as aforesaid shall be so	\\THENEVER any municipality- in which such roll of	Re-arrangement of
roll MI did fit11 of

divided as to constitute two municipalities, or shall be divided into	municipalities.
wards, or whenever there shall be any re-adjustment of wards in any	See Local Govern- ment Act Vic.) s.
such municipality, or whenever two or more such municipalities shall	Si.
be united. the then existing roll or rolls of electors of such munici- pality or municipalities shall. by the town clerk or town clerks thereof, be divided into separate rolls of electors for such municipalities or wards, or made up into new rolls for such re-adjusted wards or into a roll or rolls for such united municipality, as the case rim y require: Provided, that in every such re-arrangement of the roll or rolls of municipal electors there shall be no other change than such changes in numbering or such transpositions of the names of electors from one municipality to another, or from one ward to another, as the circumstances of the case may require ; and every roll which shall have been so re-arranged as aforesaid shall, by the mayor of the municipality to which it shall appertain, be examined and compared with the original roll or rolls so revised and made up as aforesaid, and the mayor shall at the foot or end of such re-arranged roll of electors cause a certificate to be written to the effect that he has examined the same and that it is correct, and shall date and sign such certificate ; and such roll so re-arranged and certified as aforesaid shall be the roll of electors for the municipality
or ward as the case may be, and shall continue in force until a new
roll shall have been made for such municipality or ward under the provisions of this Act ; and any copy purporting to be a copy of such roll so re-arranged and certified as aforesaid and signed by the mayor shall be evidence of such roll and of the contents thereof.
72. there is no council, the acts and things by this Act required to be

IN the case of any newly proclaimed municipality where clone in and about the preparation, settling, and revision of the said cen no mczyn council

Ze

appoint person tosettle and revise

electoral lists shall be clone by such person or persons at such time	lists, and fix dates,
or times awl at such place or places as the Governor may appoint	etc.
in that behalf ; and the Governor may also appoint and fix the date	59 Viet., No. 10, 5.40.
on or before which applications and objections, under section fifty- seven of this Act, may be lodged in respect of such lists, and may substitute for the dates respectively mentioned in sub-section (i ) of section fifty-two such other dates as he may think fit to embrace

64° ITICTORUE, No. 8.

Municipalities.

the same periods of time as therein respectively specified, and in the preparation of the said lists sub-section (2) of section fifty-two 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 winch may be done, by the mayor or the council, 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 or rolls shall be the ward electoral list or roll and the municipal electoral list or roll respectively, for the first elections respectively to be held in 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 pro- visions of this Act.

73. THE council shall take an account of the reasonable

Expenses of com-	expenses incurred by the town clerk, or by any person appointed
Local Government	by the council to discharge the like functions, in carrying into
Act (Vic.), s. 95.	effect for such municipality the provisions of this part of this Act, and shall order the same to be paid out of the municipal fund ; and the amount received by such town clerk or person for copies of any lists or rolls hereinbefore mentioned shall be paid to the municipal fund.

piling lists, etc.

Division 4.—Election of Council.

.) TIME OF HOLDING ELECTIONS.

74.      A FIRST election of mayor, councillors, and auditors in

First election of

councillors.	any newly constituted municipality shall be held on such day, not
See 59 Viet., No. 10,	less than forty days after the constitution thereof, as the Governor
s. 57.	may appoint, and all subsequent elections as hereinafter appointed.

Annual election. 75. IN every municipality an annual election of mayor,

" Conference	auditors, and councillors shall be held on the third Wednesday in
minutes."	November in each year, at such place or places within the munici-
See 59 Viet., No. 10,	pality as the returning officer at such election shall appoint.
s. 57.

AT the annual election, except in those cases for which other express provision is made, one-third of the whole number of councillors for the time being assigned to the municipality and the mayor and auditors shall be returned, and, in case of a municipality divided into wards, the councillors shall be returned in equal numbers for every ward.

76.

Return of councillors

at annual election.

77.      ON the occurrence of any extraordinary vacancy in the

Election to fill

extraordinary	council of any municipality, a mayor, councillor, or auditor shall be
vacancy.	returned to fill such vacancy on the day appointed hereunder for
59 Vict.,No. 10, s. 95.	holding an election to fill the same.

64° VICTORT 2E, No. 8.

Municipalities.

78. held on such a day, being not less than twenty and not more than AN election to fill every extraordinary vacancy shall be

When held.

twenty-five clear clays after the occurrence of such vacancy, as the

59 Viet., No. 10,

s. 101.

mayor, or in case there is no mayor, or the mayor is absent,

incapable of acting, or refuses to act, the council may appoint, and,

See Ibid., s. 94.

in default of such appointment, on the twenty-first clay after the

occurrence of such vacancy.

IN case any extraordinary vacancy occurs in the office of councillor in any council within two months before any annual	Where extraordinary
vacancy not fined.
election, and the previous occupant of the seat so become vacant would have gone out of office at such election, or was one of the several persons who might have gone out of office by rotation at such election, such extraordinary vacancy shall not be filled up, and the previous occupant of such seat shall be reckoned one of the council- lors going out of office at such election.
80. be ex officio a Justice of the Peace for the magisterial district of the
THE mayor for the time being of every municipality shall municipality from the time when he shall have duly taken the necessary oaths before a Judge of the Supreme Court, Resident Magistrate, or Warden.	Mayor to be Justice
of the Peace.

79.

81. wards, the proceedings upon every election shall be taken and had IN case of a municipality which is not divided into

Elections in munici-

palities, divided and

for the whole municipality, and in case of a municipality divided

not divided.

into wards, the like proceedings shall be taken and had for every

ward thereof.

WHERE under the provisions of this Act a municipality is entitled to elect an additional number of councillors, an election	Time of election of
additional council.
shall thereupon be had, and the like proceedings shall be taken as	lors.
nearly as may be as at an annual general election of councillors.	Ibid., s. 58.

82.

(2.) WHO SHALL ELECT.

83. every British subject qualified under this Act to have his name on	AT every municipal election for which no roll is in force,	Voters, where there
is no roll.

the Municipal Roll, and liable for the time being to be rated under	See Loc. Govt. Act
the provisions hereof, shall be entitled to vote ; and every such	(vie.), s. 104.
person shall be entitled to one vote.

84. every person whose name is inscribed on such roll shall be entitled	AT every municipal election for which a roll is in force,	Voters, where there
is a roll.

to vote, and to the number of votes for which he is enrolled. Ibid., e. 105.

64° VICTORIA, No, 8.

Municipalities.

(3.) WHO SHALL HOLD ELECTIONS.

Returning officer. 85. EVERY municipal election shall be held before some

Ibid., s. 106.	person, hereinafter called the returning officer.
Appointment of

returning officer in 86. AT every first municipal election in a newly-proclaimed

new municipality.	municipality the returning officer shall be nominated by the
See 59 Viet.,No. 10
s.59.	Governor, and at every subsequent election, as hereinafter provided.

.Appointment of 87. AT every election, save as aforesaid, the returning officer

returning officer.

shall be the mayor or any councillor of the municipality appointed

See ibid., s. 59.

by the council for that purpose. Such appointment shall be notified 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 at least eight clays before the clay 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. -Whenever any return- ing officer has been appointed, the mayor or town clerk shall deliver to such officer all notices and deposits, as hereinafter provided, which he has received from candidates for election, and also the electoral lists for the municipality and the various wards thereof.

Returning officer not 88. NO person who acts as returning officer at any election

to be a candidate, shall be or become a candidate for office at such election.

See ibid., s. 50.

(4.) NOMINATION OF CANDIDATES.

Nomination—how 89, SEVEN clear days before any election under tins Act any

made.	person who is qualified and desirous of being a candidate for the
See ibid., s. 60.	office of mayor, councillor, or auditor shall, at or before four o'clock in the afternoon, cause to be delivered to the returning officer or town clerk at the council chambers a nomination paper in
Sixth Schedule.	the form of the Sixth Schedule or to the like effect, stating therein the surname and other names of such candidate, together with the other particulars required in and by the said schedule, and such nomination paper shall be signed by not less than two qualified ratepayers, and also by the person named therein as a candidate, in token of his assent thereto, and to act if elected.

Moneys to be 90. AT the time of the delivery to the returning officer or

deposited with	town clerk of any such nomination paper the candidate named
returning officer.	therein. or some person for him or on his behalf, shall pay into the hands of the returning officer or town clerk the sum of Five pounds,
What persons alone
deemed candidates.	to be dealt with as hereinafter provided ; and no person who has not been so nominated, or by whom or on whose behalf such payment has not been made, shall, within the subsequent provisions of this Part of this Act, be or be deemed to be a candidate at any such election.

64" VICTOBI2E, No. 8.

Municipalities.

91. ON the day of the nomination the returning officer shall Proceedings at

attend at four o'clock in the afternoon at the place fixed for such	nomination.
nomination, and shall read the names of the candidates so nominated,	See ibid., s.61.
together with the names of their nominators; and, in the event of there being no greater number of candidates than is required to be elected, the returning officer shall declare the said persons to be duly elected ; but, in the event of there being more candidates than the number required to be elected, the returning officer shall advertise in some newspaper the names of the candidates, the clay of poll and the polling place or places: Provided that it shall be in the power of any candidate so nominated, by notice in writing signed by him addressed to the returning officer, and delivered to such returning officer or town clerk at any time before the expiration of forty-eight hours after the day of nomination to withdraw from such candi- dature.

THE returning officer may appoint oue or more deputy returning officers and such poll-clerks as are required for taking; the iR tpeptouir;:th,t tgdoeffi pielr::

92.

poll, and may make and enforce all necessary regulations, and fix the ibid., s. 63, with

polling place or polling places, and provide proper and convenient addition.

rooms or booths for polling.

( .) EXCEPT as hereinafter provided, the voting at any such election shall be by ballot, and within the place or places 'Citing to be by

93.

appointed for holding such election there shall be provided and set Ibid., 9. 65.

apart a separate ballot room or compartment into which no person may enter except electors who may remain while preparing their ballot papers as hereinafter 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, entering or remaining in the said ballot 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.

( i .) BEFORE, and in time for every such election, the returning officer shall cause to be printed a sufficient number of

Ballot papers.

Ibid., 8.66.

ballot papers according to the respective forms prescribed in the Seventh Schedule, and each such ballot paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face, and shall be initialled by such returning officer at the back thereof :

Provided always, that the initials of such returning officer may be lithographed or stamped by or under his authority.

(2.) And at the same time the returning officer shall also

cause a sufficient number of papers, called " voting papers," for the

94.

64° VICTORLE, No. 8.

Municipalities.

purpose of voting in absence, as hereinafter mentioned, to be printed,

Eighth Schedule.

and such voting papers shall be in accordance with the forms pre-

scribed in the Eighth Schedule.

Returning officer or

deputy to preside at	95.	THE returning officer shall preside at the polling place for
each polling place.

Loc. Govt. Act (Vie.)	taking the poll:
s. 120.

Scrutineers. 96. EACH candidate shall be entitled to appoint in writing

See Ibid., s. 122.	one scrutineer to be present in each polling place during the election.
59 Vick, No. 10, s. 64

EVERY returning officer shall before acting make and

subscribe before a Justice of the Peace, or in the case of a poll clerk or

scrutineer, before the returning officer of the election then pending,

Declaration of office. 97.

Ninth Schedule. declaration in the form prescribed in the Ninth Schedule.

Powers of returning 98. EVERY returning officer shall have power to maintain and

officer, etc.	enforce order and keep the peace at any election or polling held by
Loc. Govt. Act (Vie)	him, and, without any other warrant than this Act, to cause to be
s. 123.	arrested and taken before a Justice ally person reasonably suspected
See 59 Viet., No. 10,
s.74.	of knowingly making a false answer to any of the questions herein- after mentioned, or of personating or attempting to personate any voter, or of attempting to vote more than once at the same election, or leaving or attempting to leave the polling place after having received a ballot paper, and before having deposited the same in the box as hereinafter provided, or causing a disturbance at any election, and to cause any person to be removed who obstructs the approaches to any polling place, or conducts himself in a disorderly manner, or miscon- ducts himself, or fails to obey the orders of the returning officer ; and any person so removed shall not again be allowed to enter the polling place during the time such election is being held without the permission of the returning officer ; and all constables shall aid and assist such returning officer in the performance of his duty.

THE returning officer shall provide a separate ballot box 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 return- ing officer with a key or keys (which shall be kept by himself and of which no other person shall have a counterpart or counterparts) shall be placed on a table before the returning officer.

99.

Ballot-box to be

provided.	for the election of mayor, for the election of auditor or auditors, and
Ibid., s. 67.

Manner of taking 100. THE poll at any election shall be taken by the returning

poll.	officer and shall commence at eleven o'clock in the forenoon and
Ibid., s. 62.

64° VICTORIZE, No. 8.

Municipalities.

close at seven o'clock in the afternoon of the same day. Every person entitled to vote at the election of a councillor or councillors 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.

101. (1.) EXCEPT as hereinafter mentioned, every person who Ballot papers to be

is qualified and entitled to vote, and is desirous of voting at any such	given to persons
election, shall present himself to the returning officer, and shall state	applying.
his name and address, and if such returning officer finds that the	Ibid., s. 68.
name of such person is on the electoral rolls, 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 or poll clerk shall make a mark against the name of such person on the electoral lists or rolls to signify that the ballot paper or ballot papers to which such person is entitled has or 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 or rolls to be entitled to give at such elections respectively.

( 2 .) All the ballot papers to which any person is entitled at

such election shall be received by him at one and the same time: And no person, having once received any such ballot paper or ballot papers, and voted, shall at the same election receive any other ballot paper or ballot papers, or exercise any further right of voting.

102. EVERY person to whom a ballot paper or ballot papers Manner of voting

have been given shall, within the ballot room or compartment, and	ballot.
without leaving the same, strike through the names of all persons	Ibid., s. 69.
named in such ballot paper or 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 initials of the returning officer upon the back thereof, and shall then in the presence of the returning officer, poll clerks, and such scrutineers as are in attendance, deposit such ballot paper or ballot papers in the ballot box : Provided always, that in the case of any person who is
afflicted with blindness or defective eyesight, the returning officer
shall, in the presence of such scrutineers as are then in attendance, strike tlu.ough each ballot paper the names of all persons except such as such person declares his intention of voting for.

64° VICTORUE, No. 8.

Municipalities.

103.       AT every election of mayor, councillors, and auditors,

Questions at elec-

tions previous to	when there is no voters' roll in force, the returning officer shall put
making voters' roll	to every person tendering his vote the questions following:—

(I.) What is your name in full ; arc you a British subject,

See ibid., s.70. and are you of the full age of twenty-one?

( 2') Are you the occupier or owner, and which, of ratable

Local Government laud within this municipality (or ward, as the

Aet s. 128.

case may he) and liable to be rated for such land

under the Municipal Institutions Act, 1900 ?

(3.)	What is the ratable land in respect of which you claim to vote, and the name and situation thereof I
(4•)	Have you already voted at this present election ?

And no other question shall be put to any person tendering his vote, and no person who shall refuse to answer any of such questions, or whose answers to the same shall not show his right to give such vote, shall receive a ballot paper, or ballot papers, or be permitted to vote.

104.        AT all elections of mayor. councillors, or auditors, where

And. the order of business at a general meeting shall be 16. Designation of councillors. — The councillors in

the order in which such business stands in the notice

meeting of Council shall designate each other by their

thereof.

official titles, namely, that of mayor, chairman, or

councillor, as the case may require.

4. by any councillor, the councillors voting in the affirma-

Divisions.—Whenever a divison shall be demanded tive shall first hold up their hands, and then those 17.

Priority of councillors.—If two or more councillors rise to speak at the same time, the Mayor shall decide

voting in the negative shall hold up their hands, and	which is entitled to priority.
the result be declared by the chairman.

18.    Councillor not to speak a second time on same

Addresses to Governor—All addresses to the Governor shall be presented by the Mayor and the Town Clerk,	question.—No councillor shall speak a second time on
the same question, unless entitled to reply, or in expla-
unless otherwise ordered by the Council.	nation when he has been misrepresented or misunder-
6, Motions.--All notices of motion shall be dated and numbered, and given by the intending mover to the	stood. 10. Points of order.—The Mayor, when called upon to
Town Clerk at the close of the meeting of the Council,	decide on points of order or practice, shall decide the
or if not required by law to be given at a meeting, then	same, and his decision as to order or explanation in
three clear days prior to the next meeting of Council ;	each ease shall be final.
and such clerk shall enter the same in the notice of

5.

Councillors not to digress, etc.—No councillor shall digress from the subject-matter of the question under

20.

motion book, in the order in which they may be received.

Notice of motion to be given.—No member shall in pursuance of notice given as prescribed in the last	discussion, or comment upon the words used by any
other councillor in a previous debate ; and all imputa-
tions of improper motives, and all personal reflections on
preceding clause.	councillors, shall be deemed highly disorderly.

7. make any motion initiating a subject for discussion but

Petition—No motion except that for receiving the same or to refer same to a committee shall, unless 21. Councillors to apologise for disorderly, etc., expres-

8.

sion.--Whenever any councillor shall make use of any

under most urgent circumstances, be made on any	expression disorderly or capable of being applied offen-
petition, memorial, or other like application until the	sively to any other councillor, the councillor so offending
next ordinary meeting of Council after that at which it	shall be required by the Mayor to withdraw the expres-
has been presented.	sion and to make a satisfactory apology to the Council.

0. Motions to be moved in order in motion book.—Except by leave of the Council, motions shall be moved in the 22.

Council/or called to order to sit down.—A. councillor called to order shall sit down unless permitted to explain.

order in which they have been received and recorded by

the Town Clerk in the notice of motion book, and if not 23. Councillor twice offending, guilty of an offence.—

so moved or postponed shall be struck out. Any councillor using offensive or disorderly language, and having been twice called to order or to withdraw and

10. same except with consent.—No motion entered in the Motion to be proceeded with by councillor giving apologise for such conduct, and refusing so to do, shall

notice of motion book shall be proceeded with in the be guilty of an offence.

absence of the councillor who gave notice of the same, 24.

Strangers.—Any person not being a councillor who Council, be guilty thereat of any improper or disorderly conduct, or who shall not leave when lawfully requested

unless by some other councillor producing written	shall, having been admitted to any meeting of the
authority from him to that effect.

Order, etc., of debate.—Any commillor desirous of making a motion or amendment or taking part in dis-	by the Mayor so to do, may be forthwith removed by
cussion thereon shall rise and address the mayor, and	him, and shall be deemed guilty of an offence.

11.

shall not be interrupted unless called to order, when he 25. Councillor may demand documents.—Any council-

shall sit down until the councillor calling to order shall	lor may of right demand the production of any of the
have been heard thereon and the question of order dis-	documents of the Council applying to the question under
posed of, when the councillor in possession of the chair	discussion.

may proceed with the subject. 26. Voting.—The Council shall vote by show of hands,

Nature of motion to be stated.—Any councillor desirous of proposing an original motion or amendment,	and any councillor present and not voting, not being
disabled by law from so doing, shall be guilty of an
must state the nature of the same before he addresses	offence.

12.

the Council thereon. 27. Question, how declared.—The Mayor shall, in

13. motion or amendment shall be withdrawn without the	Motion not to be withdrawn without leave.—No	taking the sense of the Council, put the question first
M the affirmative, then in the negative, and the result

leave of the Council. thereof shall be recorded in the minutes.

64° VICTORLE, No. 8.

TENTH Selina:Fix—continued.

28, Motions, etc., to be in writing.—At every meeting 36. Lapsed Order of the day may be restored.—If a

of the Council, all motions, whether original motions	debate on any order of the day be interrupted by such
or amendments, shall be reduced into writing, signed by	insufficiency of number as aforesaid happening, such
the mover, and delivered to the chairman immediately	order may be restored to the notice-book for a future day
on their being moved and seconded.	on motion upon notice, and then such debate shall be

29. No second amendment until previous one disposed resumed at the point where it was so interrupted.

qt—No second or subsequent amendment, whether upon 37. Petitions.—No petitions shall be presented after

an original proposition or on an amendment, shall be	the Council shall have proceeded to the Orders of the
taken into consideration until the previous amendment	day.

is disposed of. 38.

Petitions to be respectful.—It shall be incumbent on every councillor presenting a petition to acquaint

Effect of rejection of words in original motion.— If any words of an original question be rejected, the	himself with the contents thereof, and to ascertain that
insertion of other proposed words shall form the next	it does not contain language disrespectful to the Cow l

30.

question, whereupon any further amendment to insert -cil, and that the contents do not violate any By-law or

other words may be moved. any provision hereof.

39.    Councillors to ngix their names.—Every councillor

E. amendment be negatived, a second one may be moved.—If an amendment be negatived, then a second	presenting a petition to the Council shall write his name
may be moved to the question to which the first-	at the beginning thereof.

31.

mentioned amendment was moved, but only one amend- 40. Petitions to be in writing.—Every petition shall

ment shall be submitted to the Council for discussion at

be in writing, and shall contain the prayer of the

a time.

petitioners at the end thereof, and be signed by at least

one person on every page on which it is written.

Mover of motion to have right of reply. —The mover of every original proposition, but not of any amendment, 41. To be signed by petitioners.—Every petition shall

32.

shall have a right to reply, immediately after which the	be signed by the persons whose names are appended
question shall be put from the chair ; but no councillor	thereto by their names or marks, and by no one else,
shall be allowed to speak more than once on the same	except in cases of incapacity by sickness.

question, unless permission beiveic to explain, or the 42. No letters, etc., to be attached.—No letters,

attention of the chair be called to a point of order.

affidavits, or other documents shall be attached to any

petition.

Motion for adjournment—No discussion shall be allowed on any motion for adjournment of the Council; 43. Councillors confined to statement of certain facts.

33.

but if on the question being put the motion be nega-	—Every emu/611er presenting a petition to the Council
tived, the subject then under consideration, or the next	shall confine himself to a statement of the persons from
on the notice-paper, shall be discussed, or any other that	whom it conies, of the number of signatures attached to
may be allowed precedence, before any subsequent	it, of the material allegations contained in it, and to
motion for adjournment be made.	the reading of the prayer thereof.

Protests.—Any councillor may protest against any resolution of the Council, and notice of intention to 44.

Salaries of officers, etc.—The salary or allowance attached to all offices and places at the disposal of the

34.

protest shall in every case be given forthwith on the	Council shall in all cases be fixed before they proceed to
adoption of the resolution protested against ; and the	appoint any person to fill the same, before the advertise-
protest shall specify the reasons for protesting, and shall	ment inviting applications, and shall be specified in such
be entered three days at least before the next ordinary	advertisement.

meeting of the Council by the protesting councillor in a 45. No councillor, etc., to be surety for officer.—No

book to be kept for that purpose in the office of the	councillor or officer of the Council, and no assessor or
Town Clerk, and signed by such councillor, and shall	auditor of the municipality, shall he received as a
be also entered in the minutes of the meeting at which	surety for any officer appointed by the Council or for
notice of the intention to protest shall have been given	any work to be done for the Council.

previously to the confirmation thereof ; but such protest 46. Suspension of riffes.—Any one or more of the

may be expunged from the minutes if declared by a

rules or regulations contained in this sub-division may

majority of the Council to be not in accordance with

be suspended for a special purpose, and shall not other-

truth or in its terms disrespectful to the Council.

wise be suspended, except by a two-thirds majority vote

. of the councillors present.

Lapsed questions.—If a debate on any motion moved and seconded be interrupted by the number of 47. Penalty.—If any person shall be guilty of any

35.

the councillors present becoming insufficient for the	offence or misfeasance, or negligent act of commission or
transaction of business, such debate may be resumed	omission contrary to any provision contained in this sub-
at the point where it was so interrupted, on motion upon	division, he shall forfeit a sum not exceeding Five
notice.	pounds.

64° VICTORIZE, No. 8.

Municipalities.

Eleventh Schedule.

Section 185.

A by-law of the Municipality of made under

Section 170 of the Municipal Institutions Act, 1900, and	numbered
for regulating the

In pursuance of the powers conferred by the sa id Act, the Mayor and

Councillors of the Municipality of	order as follows :—
(here follows the by-law).

Passed this day of

Twelfth Schedule.

Section 186.

A regulation of the Municipality of made under

the Section of Part of the Tenth Schedule to the Municipal Institutions Act, 1900, in force in the Municipality by virtue of a by-law of .the

above-named Municipality, numbered , for regulating

In pursuance of the Municipal Institutions Act, 1900, the Mayor and Councillors of the Municipality of make the regulation following:—

(here follows the regulation).

Passed this day of

A joint regulation of the Municipalities of and

made under the section of Part of the Tenth Schedule to the Municipal Institutions Act, 1900, in force in such Municipality by virtue

of a by-law of the Municipality of numbered for

In pursuance of the powers conferred by the said Act, the Mayor and Councillors of the Municipality of and the Mayor and Councillors

of the Municipality of	making the following joint regulation:—
(here follows the joint regulation).

64° ITICTORIM, No. 8.

Municipalities.

Tnirteenth Schedule.

Section 338.

FORM OP THE RATE Bowl.

Surname of Christian

.1 z	Amount
..., /..

ea	.,,	oc ,„0„ o r	property	occupier of
Name or Trade ot

Name of ownel

Description and

[St.	annual
Net

Unita. warn, ft, .

situation of Electoral Dia-

Omura-

of ratable

proved

0 P.	rated.	property	tion.	Property,	ratable property,	rabic.	canto.	ebypaetcet. of
z :3	rated.

Fourteenth Schedule.

---

Sections 341 and

NOTICE VALUATION AND RATE. 344.

Year commencing 1st November and ending 31st October.

To

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

I

misN e:stisoifent. Land Rated. Annual Value. Unimproved Wmm. Rate in the L. Ararspnet Poarrthaltee?"

You are hereby required to pay t le above amount of S to the

office of the Council in moieties on the first day of January, £

and the first day of July, £ . And if the same be not paid within

30 days of the said dates, a warrant will be forthwith issued by the Mayor for the

recovery of the same with costs.

Dated this	day of
Date of service

Town Clerk.

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

Council Office,

1

Received the amount of the rates above mentioned.

Town Clerk.

64° VICTORI2E, No. 8.

To be indorsed as follows :—

Any person served with this notice may appeal against the valuation put upon any land as regards the amount thereof or the manner in which such valuation has been made, or otherwise howsoever, to the Council of the Municipality, by serving a notice in writing, stating the grounds of his appeal, on the Town Clerk within thirty days after service of this notice, and upon payment of the amount claimed to the Town Clerk.

In case of an appeal from the Council to the Local Court the appeal must be entered for hearing within ten days after service of the notice of appeal at the sitting of the Local Court next after the expiration of ten days from the entry of such appeal, and the sum of One guinea must be deposited with the clerk of the Local Court to answer costs, and also serve a like notice upon the Town Clerk.

Fifteenth Schedule.

Section 351.

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 shilling in the pound on the net proceeds of the sale.

Sixteenth Schedule.

Section 352.

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, 1900, 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

64° VICTOR' 7E, No. S.

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 any 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 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	Description of	Situation of	Amount payable iu	Costs.	Total.
Ratepayers.	Land rated.	Property.	respect of Rate.

£ e. d. £ s. (1, £ s. d.

Given ui der my hand and the common seal of the Corporation of the Municipality of at this day of A.D. 1

[Ins.] Mayor.

Seventeenth Schedule.

Section 358.

FORM OF NOTICE.

By virtue of the provisions of the Municipal Institutions Act, 1900, notice is hereby given to all parties interested therein that the sum of £ has now been due and unpaid for the term of eighteen mouths 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 S , together with all

expenses caused by the non-payment of the same, on or before the day of

, 1 , 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. 1

(Signed) A.B.,

Mayor.

64° VICTORI2E, No. 8.

Municipalities.

Eighteenth Schedule.

Section 359.

FORM OF CERTIFICATE OF SALE.

Whereas, by au order of the Supreme Court, dated the day of 1

it was ordered that (here describe the property ordered to be sold) should be sold by

public auction by me, the undersioned, 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

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

(Signed) A.B.

Nineteenth Schedule.

ection 368.

No Debenture S

Issued by under the provisions of the Municipal

Institutions Act, 1900.

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 X payable at

on the day of . Interest on the

rate of £ per centum 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. £ 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 1

(L.s.)

A.B., Mayor.

C.D., Town Clerk.

Twentieth Schedule.

Section 376.

Municipality of

BALLOT PAPER.

Yes.

No.

The Voter, if he approves of the loan being obtained, will strike out the word

" No."

The Voter, if he disapproves of the loan being obtained, will strike out the

word "Yes."

By Authority : RICHARD PETRER, Government Printer, Perth.