Municipal Institutions Further Amendment Act 1882 (WA)

WESTERN AUSTRALIA.

ANNO QUADRAGESIMO SEXTO

VICTORIA, It KGIN AE.

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•No. XIX.

AN ACT further to amend "The Municipal

Institutions Act, 1876."

[Assented to, 21st September, 1882.]

HEREAS it is expedient further to amend " The Municipal Preamble.

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

with the advice and consent of the Legislative Council thereof, as

follows:—

1.    •THIS Act maybe cited for all purposes as "The Municipal Title.

Institutions Further Amendment Act, 1882."

2. EVERY person liable to be rated in respect of property, Who qualified to be court-

whether consisting of one or more tenements, of the rateable value of ciars.

46° ITICTORUE, No. 19.

Municipal Institutions Act—Amendment.

Twenty pounds at the least in any municipal district shall, subject to the provisions of " The Municipal Institutions Act, 1876," be qualified to hold the office of councillor of the municipality, but so long only as he shall continue to hold such qualification.

3.     THE 42nd section of " The Municipal Institutions Act

Declaration by councillors, 1876," is hereby amended by adding the following words:--" And &c.

in case any person elected as chairman, councillor, or auditor shall not, within two months after his election, make and subscribe such declaration, his seat shall become vacant."

4.      EVERY person who acts as a councillor, being incapacitated

miler, being incapacitated. Municipal Institutions Act, 1876," to be or continue such or before Penalty for acting as coun- under the provisions hereof or of any of the provisions of Tho

he has made and subscribed such declaration as aforesaid, shall, save in case of incapacity proceeding from unsoundness of mind, be liable for every such offence to a penalty of Fifty pounds ; and such penalty may be recovered by any person with full costs of suit in any Court of competent jurisdiction, and shall, when recovered, be paid into and form part of the municipal fund ; and in every such action the person sued shall prove that at the time of so acting he was qualified under the provisions of this Act to be a councillor, and had made and subscribed the declaration aforesaid, or he shall be adjudged to pay the said penalty and costs without any other evidence being required from the plaintiff than that such person had acted as a councillor in

Acts nevertheless to be the execution of this Act. Nevertheless, all acts as a councillor of

any person incapacitated as aforesaid, or who shall not have made or subscribed the declaration aforesaid, done previously to the recovery of the penalty, shall be as valid as if such person had been capable and had made and subscribed such declaration.

5.      THE chairman may call a meeting of the council as often as

Special meeting. he shall think proper, and if he shall refuse or delay to call any

such meeting after receiving a requisition for that purpose, signed by at least one-third of the councillors, they may call a meeting of the council, by giving at least twenty-four hours notice, signed by themselves, stating therein the business proposed to be transacted.

NO councillor shall vote upon or take part in the discussion directly or indirectly, by himself or his partners, ally pecuniary interest; and any councillor who knowingly offends against this section shall, for every such offence, be liable to a penalty not exceeding Fifty pounds.

6.

cillor where interested. Penalty for voting as coun- of any matter in or before the council in which such councillor has

46" VICTORLE, No. 19.

Municipal Institutions Act—Amendment.

ALL moneys of the council amounting to Twenty pounds

ihd upwards shall, within seven days, or such shorter period as Bank account.

the council may direct, after they have come into the hands of

;the treasurer of the council, be paid into such bank and in such

fanner as the council shall from time to time appoint and direct

!for that purpose. And no such money shall be drawn out of suchdank by the treasurer of the council, excepting by a warrant for

7 ,

yment, signed by the chairman and countersigned by the ithunicipal clerk. And that no person shall at one and the same I:time hold the offices of chairman and treasurer of any municipal

*men.

8.

THE 99th section of " The Municipal Institutions Act, 4876," is hereby amended by adding the following words:-	dertakings.
Permanent works and un-

i i. Fire engines and other appliances for preventing and

extinguishing fires.

12. Purchase of organs and other musical instruments.

THE 111th section of "The Municipal Institutions Act, ;1876," is hereby amended by adding the following words:—" And	Sinking Fund.
until such time as the Colonial Treasurer and municipality can pur- chase consols or government stock as aforesaid, they may place the :sinking fund at fixed deposit in any of the banks of this Colony."

9.

10.

EVERY person elected into any corporate office under this Act may at any time resign such office, and the resignation 'shall be held to be complete from the date of its being received by the municipal clerk or person acting as such. Resignation.

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

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 : PorairsEn PETHER, Government Printer, Perth.