Municipal Institutions Further Amendment Act 1880 (WA)

WESTERN AUSTRALIA.

ANNO QUADRAGESIMO QUARTO

VICTORIA: BEGINSE.

'44*****************A<44******4

No. XI..

AN ACT farther to amend " The Municipal

Institutions Act, 1876."

[Assented to, 8th September, 1880.]

HEREAS it is expedient further to amend " The Municipal

against rates as in other particulars: Be it enacted by His Excel- W Institutions Act, 1876," as well with reference to appeals 40 Viet., No. 13.

lency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:—

1 THIS Act may be cited for all purposes as " The Municipal Short Title.

Institutions Further Amendment Act, 1880."

2 SECTION 88 of the said Act is hereby repealed, and in lieu }Li, rates may be re.

thereof be' it enacted, as follows :— covered.

All rates leviable under the said Act shall be recoverable either

by action at law, by summary proceedings before any two Justices in Appeal against rate.

the same way as any fine or penalty is now recoverable, or by distress

44° VICTORI1E, No. 11.

Municipal Institutions Act, 1876—Amendment.

and sale as in the said Act mentioned; Provided that if any person shall think himself aggrieved by the valuation put upon property in manner prescribed by -section 85 of the said Act, and whether as regards the amount thereof or the manner in which such valua- tion shall have been made, or otherwise howsoever, it shall be lawful for such person to appeal against the same in the Local Court of the district within which the property is situate by serving a notice in writing to that effect on the Chairman of the Municipality at any time within ten days after publication of the notice of every general rate in manner prescribed by the eighty-sixth section of the said Act, and by depositing in the hands of snob Chairman the amount of the rate assessed on such valuation and complained of by the appellant, together with a sum of two guineas to answer costs. And such Court shall have power to hear and determine all such appeals, not only as regards the subject matter thereof and the disposal of the deposits, but also to adjudicate on all the costs involved, as justice may require. Provided also, that if any person shall think himself aggrieved by any , such distress as aforesaid, and shall, whether there has been a previous appeal against such valuation or not, deposit in the hands of such Chair- man the amount for -which such distress has been made, together with a sum of five guineas to answer costs, and serve him with notice in writing against such distress at any time before sale, then, but not otherwise, it shall be lawful for such person to appeal to the said Court against such distress; and the said Court is hereby em- powered to hear and finally determine the same; and to confirm or disallow the distress; and to make such other orders in the matter in all respects as it shall deem just.

3 THE Council of any Municipality shall have power to license

Power to license ni ghtmen

nightmen and scavengers for the removal of the contents of any

and scavengers .

drain, watercloset, earthcloset, privy, cesspool, ashpit, or other place, or of any noxious or offensive matter; and also to- make, publish, alter, modify, amend, or repeal any By-laws and Regulations as well with reference to the time and mode of such removal, whether by such nightmen or scavengers as by others, as also to the vehicles by which such removal shall be effected, and the license fees in respect of such vehicles.

Can fees to be Unposed by 4

THE Council of any Municipality is hereby authorised to grant licenses under " The Cart and Carriage Licensing Act, 1876," to any cart as thereby defined, used within the limits of such Municipality.

Municipalities.

And in addition to any other license fee now

required by law for such cart, to charge a license fee for such cart

44° VICTORI 7E, No. It

Municipal Institutions Act, 1876—Amendment.

at a rate not exceeding Ten shillings for any one whole year. And the several provisions contained in " The Cart and Carriage Licensing Act, 1876," with respect to carriages Shall be deemed to be applicable to carts licensed under this Act; but no person residing at least three miles from the nearest limits of a municipality shall be required to take out from any Municipality a license for a cart, if such cart be used solely as a means of conveyance into or through the limits of a municipality from and to places beyond such limits.

and title of the corporation of the city of Perth constituted under 2ohnange style of corpora- 5 FROM and after the passing of this Act the name, style,

and by virtue of " The Municipal Institutions Act, 1871," shall be "Mayor, Councillors, and Citizens of the City of Perth," and under such name, style, and title they shall have all and the like rights, privileges, and immunities as have been heretofore possessed by them under the style and title of " The Council and Burgesses of the City of Perth." The present Chairman of the City Council shall be the first mayor of the said city, and shall continue in office up to the thirtieth November next.

6 WHENEVER in any Act, Law, or Statute, or other public Chairman to be Mayor.

document or notice, or in any proceeding of what kind or nature soever, the Chairman of the City Council has been or is referred to

Or is mentioned, such reference or mention shall be taken to' signify

and mean the Mayor of Perth.

as they may deem proper, may cause the several streets, thorough- and Fremantle. 7 THE Councils of the Municipalities by contract or otherwise, Provision for lighting Perth

fares, squares, and public places within the said City of Perth and Town of Fremantle respectively, or such of them as they shall think fit, to be lighted with gas, oil, or otherwise during such times as they niay deem requisite ; and in like manner may provide such lamps, lamp posts, lamp irons, gas pipes, and other works and materials, as may be necessary for that purpose.

chiefly lighted with gas, oil, or otherwise, the majority of ratepayer's 8 IF at any time before the said city or town shall be wholly or Lighting rate.

of any principal street, or of any ward, shall be desirous that the same should be lighted with lamps, the Councils may cause the same to be so lighted; and may and are hereby authorised, as to one moiety of the expense to "be so incurred, to defray the same out of the general rate and corporation fund for time being ; but if such fluid shall not be sufficient, then by a special rate under the provisions hereof; and as to the other moiety of the expense of lighting such street or ward,

44° VICTORTIE, No. 11.

llfunicipal Institutions Act, 1876—Amendment.

the same shall be paid by the ratepayers thereof, rateable either according to their assessment for the general city rate or according to the lineal frontage of the premises lighted, and either from year to year or for such number of years as the Council shall determine; and the moiety of the expense aforesaid may be collected and shall be recoverable rateably from each of the ratepayers of the said street or ward, by the collector of rates or duly authorised officer of the corporation, under the provisions herein contained for the collection and enforcing payment of the general rates.

9 THE said Councils are hereby authorised to grant any such

Hawking licenses. licenses for the hawking of fruit, fish, or vegetables in the said city and town as they may deem proper, and to take for the same such fees as they may by any by-law or public notice from time to time appoint, and to make by-laws and regulations relative to such hawking.

Section 4 to come into 10 THE fourth section of this Act shall not come into operation

operation on 1st January,

1881.   till

till the first day of January, 1881.

issue of goat licenses. make; publish, alter, modify, amend, or repeal such by-laws and	IT shall be lawful for the Council of any Municipality to regulations as to the Council shall seem meet, for regulating the manner and mode of keeping and depasturing goats within the limits of the Municipality, and also the driving the same to pasture through or over the streets of the Municipality, and for regulating that no goat shall be kept within any Municipality unless the owner
Or keeper of the said goat shall have first obtained a license from the
Council for that purpose, for which said license such fee shall be paid to the Council as the Council may deem advisable.

Power to make by-laws for u

Acts assimilated. 12 THIS Act and the said recited Act shall henceforth be read

together as one Act.

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

this Act.

WILLIAM C. F. ROBINSON, Governor.

By Authority : RICHARD PETIMI, Government Printer, Perth.