Municipalities Act 1897 (NSW)
Act No. 23, 1897.
An Act to consolidate the Laws relating to
Municipalities. [6th December, 1897.]
| BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative | Assembly of New South Wales in Parliament assembled, and by the |
| authority of the same, as follows :— |
P A R T I . P R E L I M I N A R Y .
1. This Act may be cited as the " Municipalities Act, 1897,"
and is divided into parts, divisions, and subdivisions, as follows :—
P A R T I . — P R E L I M I N A R Y . — 8 8 . 1-4.
PART I I . — T H E CONSTITUTION OF MUNICIPALITIES GENERALLY.
—88. 5 -9 .
P A R T I I I . — C O N S T I T U T I N G AND ALTERING THE CONSTITUTION OF MUNICIPALITIES.
DIVISION 1.—New municipalities.—88. 10-1(5.
DIVISION 2 .— Union of municipalities.—88. 1 7 - 2 4 .
DIVISION 3 .—Severance of municipalities.—88. 25, 2G. DIVISION 4 .—Annexat ion to a municipality.—8. 27. DIVISION 5.—Division into wards.—88. 28, 29.
DIVISION 6.— General provisions.—88. 3 0 - 3 6 . P A R T I V . — T H E MUNICIPAL COUNCIL—
DIVISION 1.— Qualification of mayor, aldermen, and auditors,
—88. 3 7 - 4 5 .
DIVISION 2 .—Ret irements and vacancies.—88. 4 6 - 4 9 .
DIVISION 3 .—Elect ion and privileges of mayor.—88. 5 0 - 5 3 .
DIVISION 4 .—The municipal roll—
(I) Qualification of electors.—88. 5 4 - 5 6 . (II) Making and revision of municipal roll.—88. 57 -67 .
DIVISION 5 .—The election of aldermen—•
(i) Time of holding elections and number of aldermen.—88. 6 8 - 7 1 .
(II) Who shall hold elections.—88. 72, 73.
(III) Manner of conducting elections.—88. 7 4 - 1 0 1 .
(IV) Proceedings validated.—88. 102, 103.
DIVISION 6.—Appointment of aldermen and auditors by
Governor—8. 104. P A R T
P A R T V . — A U D I T O R S . — 8 8 . 1 0 5 - 1 0 8 .
P A R T V I . — O U S T E R OF MAYOR, ALDERMEN, AND AUDITORS.— 8. 1 0 9 .
P A R T V I I . — P R O C E E D I N G S OF THE COUNCIL.—88. 1 1 0 - 1 2 5 .
P A R T V I I I . — O F F I C E R S AND SERVANTS APPOINTED BY THE
COUNCIL.—88 . 1 2 6 - 1 2 9 . P A R T I X . — B Y - L A W S . — 8 8 . 1 3 0 - 1 3 6 . P A R T X . — R A T E S -
DIVISION 1 . — R a t a b l e property.—8. 1 3 7 . DIVISION 2 . — Valuations of ratable property.—88. 1 3 8 - 1 4 0 .
DIVISION 3 . — G e n e r a l rates.—88. 1 4 1 , 1 1 2 .
DIVISION 4 . — S p e c i a l rates.—143-145.
DIVISION 5 . — General provisions as to rates.—88. 1 4 6 - 1 4 9 . DIVISION 6 .—Appea l s against assessment and rates.—8. 1 5 0 . DIVISION 7 .—Recovery of rates.—88. 1 5 1 - 1 5 6 .
P A R T X I — E N D O W M E N T . — s . 1 5 7 . P A R T X I I — L O A N S -
DIVISION 1 . — General provisions as to loans.—88. 1 5 8 , 1 5 9 .
DIVISION 2 . — R o a n s for construction of town halls and council
chambers.—88. 1 6 0 - 1 6 1 .
DIVISION 3 . — L o a n s for repayment of former loans. —88. 1 0 5 - 1 6 6 .
DIVISION 4 . — L o a n s for repayment of proportion of debts upon
division of a municipality.—8. 1 0 7 .
P A R T X I I I . — A C C O U N T S AND AUDIT.—88. 1 6 8 - 1 7 1 . P A R T X I V . — R O A D S , BRIDGES, F E R R I E S , AND PUBLIC P L A C E S —
DIVISION 1 . — Construction and management of roads, &c-—ss . 1 7 5 - 1 8 0 .
DIVISION 2 .—Boundary roads, bridges, and ferries.—88. 1 8 1 -
1 8 0 .
P A R T X V . — M U N I C I P A L GASWORKS—
DIVISION 1 .—Establ ishment of gasworks.—88. 1 8 7 - 1 9 2 .
DIVISION 2.—Supply of gas.—88. 1 9 3 - 1 9 9 . DIVISION 3 . — B a t e s , charges, and gas account.—88. 2 0 0 - 2 0 3 . DIVISION 4 .—Pur i t y , illuminating power, and pressure of gas.
—88. 2 0 1 - 2 0 8 .
DIVISION 5 —Meters—88. 2 0 9 - 2 1 2 .
DIVISION 6 . — Offences and penalties.—88. 2 1 3 - 2 1 6 . DIVISION 7 .—Miscel laneous provisions.—88. 2 1 7 - 2 2 1 . P A R T X V I . — M U N I C I P A L W H A R F S . — 8 8 . 2 2 2 - 2 2 6 .
P A R T
P A R T X V I I . — M U N I C I P A L BATHS.—88. 2 2 7 - 2 3 2 .
P A R T X V I I I . — I M P O U N D I N G — 8 . 2 3 3 .
P A R T X I X . — P O W E R S UNDER TOWNS POLICE A C T S . — 8 . 2 3 1 . P A R T X X . — F R E E L I B R A R I E S . — 8 8 . 2 3 5 - 2 3 8 . P A R T X X I . — F R E E INFANT SCHOOLS.—88. 2 3 9 - 2 1 2 . P A R T X X I I . — M I S C E L L A N E O U S POWERS.—88. 2 1 3 - 2 1 9 .
P A R T X X I I I . — L E G A L PROCEEDINGS AND MISCELLANEOUS PRO
VISIONS.—ss. 2 5 0 - 2 6 5 .
2. The Acts mentioned in the First Schedule to this Act 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 repealed.
And notwithstanding the repeal of the Acts hereby repealed :—
All aldermen 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 had been elected or appointed
hereunder, and this Act shall apply to them accordingly.
All by-laws in force at the commencement of this Act shall continue in force until they arc respectively repealed hereunder, and this Act shall apply to all such by-laws as if they were the corresponding enactments mentioned in this A c t .
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 A c t 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 commencement of this Act may be completed under this Act, and this Act shall apply to all such rolls
accordingly.
Save so far as there is anything in this Act inconsistent there- with, this Act shall apply to all matters and things made, done, or commenced under any Act hereby repealed, and at the 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, done, or commenced, and they were
made, done, or commenced hereunder.
3 . In the construction of this Act—
(I) The term " municipality " shall include the terms " borough" and " municipal district " :
Provided that where the context so requires, the term "municipal i ty" shall mean " borough " or " municipal dis trict," as the circumstances of the case and the nature and extent of this Act demand.
(II) The term "current year" or "municipal year" when applied to any matter of assessment, rate, or account, or to the municipal roll shall mean the year commencing the first Tuesday in February,
(III) The following terms in inverted commas shall, unless incon
sistent with the context or subject matter, have the respective
meanings hereby assigned to them—
" Adjoining municipalities"—Municipalities whose boundaries
touch at any point or points, but such point or points
need not be common to a l l :
" Capital value "—The current market value of any freehold
or leasehold estate or interest whatsoever in property
capable of being rated for the purposes of this Act assessed
as hereinafter provided :
" Council "—The council of any municipality :
" Council clerk "—The council clerk, town clerk, or other person
authorised by the council to perform the duties of council
or town clerk:
"Electoral officer"—Any person appointed under subsection three of section eleven of this Ac t :
" Existing municipality"—Any municipality constituted under any Act heretofore in force in this Colony relating to
Municipalities:
" J u s t i c e " — A n y justice of the peace for the Colony of New
South "Wales : " Minister "—The Colonial Secretary :
" Municipal roll "—The roll or book of electors made in pursu
ance of this Act for any municipality or ward, as the case
may be :
" Prescribed "—Prescribed by this Act, or by any by daw made under this Act or any Act hereby repealed :
" Returning officer"—Any officer duly appointed to preside at and take the poll in a municipal election :
" T o w n " — A n y collection of houses adjoining or near to each other with frontage to streets regularly laid out and formed, the inhabitants of which do not number less than five hundred souls:
" United
" United municipality"—A municipality formed by the union
of two or more adjoining municipalities according to the
provisions of this Act, or of the Acts hereby repealed :
4 . (i) The boroughs and municipal districts heretofore con
stituted shall be and remain boroughs and municipal districts respec
tively; and shall, so far as is necessary, be deemed to have been
constituted under this Act, but the boundaries thereof may be altered
under the provisions of this Act.
(II) The electors for the time being of every existing muni
cipality and all succeeding electors thereof entitled to vote as such
under this Act shall be and remain a body corporate under such name as the Governor has, in the proclamation constituting such municipality, directed, and shall by such name have perpetual succession and a common seal, and he capable in law of suing and being sued, and of purchasing, holding, and alienating land, and of exercising all such corporate functions, and doing and suffering all such acts and things as by law and in conformity with this Act they may he entitled to
exercise, do, and suffer.
(III) The electors of any existing municipality which is not
at the time of the commencement of this Act in actual operation may proceed to the election of aldermen and auditors in accordance with the provisions of this Act.
P A P T I I .
T H E CONSTITUTION or MUNICIPALITIES GENERALLY. 5 . The electors for the time being of every municipality pro
claimed as hereinafter directed shall, immediately upon the publication
of the proclamation as hereinafter mentioned, become, and all succeeding
electors thereof entitled to vote as such under this Act, shall be a body
| direct, and shall by such name have perpetual succession and a common | corporate under such name as the Governor shall in such proclamation |
| seal, and be capable in law of suing and being sued, and of purchasing, | |
| holding, and alienating land, and of exercising all such corporate functions, and doing and suffering all such acts and things as by law and in conformity with this Act they may be entitled to exercise, do, and suffer. |
6 . The council of every municipality shall, subject to the
provisions of this Act, consist—
(i) Where; the municipality contains a population amounting to
five hundred, but not exceeding one thousand, of six aldermen ;
(II) Where the municipality contains a population exceeding one
thousand, but less than four thousand, of nine aldermen; and
G (III) (III) Where the municipality contains a population of tour thousand or upwards, of twelve aldermen.
7. In every municipality which at the time of its incorporation
is divided into wards in the manner hereinafter mentioned, there
shall he three aldermen to each ward, elected as hereinafter directed
by the electors of each such ward.
8 . The council of every municipality shall, in and for all such
acts, matters, and things as by law and in conformity with this Act
may be done or suffered, be the sole representatives of the body cor porate of such municipality, and all the acts and proceedings of suchcouncil shall be deemed to be the acts and proceedings of such body
corporate.9 . All proceedings of the council or of any person acting as
mayor, alderman, or auditor shall, notwithstanding it is afterwards discovered that there was some defect in the election, or any dis qualification of such person, be as valid as if every such person had been duly elected and qualified to be mayor, alderman, or auditor
respectively.
P A R T I I I .
CONSTITUTING AND ALTERING THE CONSTITUTION OF MUNICIPALITIES.
DIVISION ]—New Municipalities.
1 0 . The municipalities constituted under this Act shall he
divided into two classes to be designated respectively " boroughs" and
"municipal districts"—
(i) A borough may consist of—
(a)
Any city or town with or without its suburbs or country immediately adjacent thereto;
(b) Any suburb of the City of Sydney according to the boundaries
for the time being of the said c i ty ;
(c) Any populous country district. Rut every such borough shall have a population of not less
than one thousand souls, and shall not upon its first incor poration contain an area of more than nine square miles, of which area no one point shall be more than six miles distant from any other point.
( I I ) A municipal district may include any part of the Colony not containing a municipality heretofore or hereafter constituted, and may comprise upon its first incorporation an area not
exceeding fifty square miles, of which area no one point shall
be more than twenty miles distant from any other point:Provided that every such municipal district shall contain a population of not less than five hundred souls.
1 1 . (i) The Governor, on receipt of a petition signed by not fewer
than fifty persons who would, upon the incorporation thereof, be liable to be assessed for municipal taxes in respect of property or household residence within any proposed municipality, whether actually resident within the same or not, sufficiently setting out the boundaries and stating the number of the inhabitants resident therein, and praying that the same may be declared a borough or municipal district under this Act, may cause such alterations as may appear expedient to be made in the boundaries set out in such petition, and may cause the substance and prayer of such petition with such alterations, if any, to
be published in the Gazette, and in some newspaper circulating in or
near the proposed municipality.
(II) Unless a counter-petition, signed by a greater number
of persons in like manner liable to be assessed, is received by the
Minister within three months from the date of such publications, the
Governor may by proclamation published in like manner, declare such proposed municipality to be a borough or municipal district, as the
case may be, by a name to be mentioned in such proclamation, and
define in accordance with the boundaries published in the Gazette as aforesaid the limits and boundaries of such borough or municipal district, which, on such publication, shall be constituted accordingly,
subject, however, to the provision hereinafter contained for the revoca
tion of certain proclamations.
(III) The Governor shall in and by such proclamation appoint
some person to be the electoral officer of such borough or municipal
district.
(iv) The production of the Gazette containing such procla
mation shall, in all proceedings on behalf of the municipality, be
conclusive evidence of the legality of the constitution of such
municipality.
1 2 . The signatures so appended to any such petition or counter-
| petition shall be verified by the solemn declaration, appended thereto, made before any justice, of some householder (not being a female | or under age) resident within the proposed municipality, in the form |
| and to the effect set forth in the Second Schedule hereto, and signed | |
| by him, and if such householder shall make any such declaration falsely, or shall forge any such petition, or signature, or declaration, or shall utter any such petition, signature, or declaration being forged, | |
| knowing the same to be forged, he shall be guilty of a misdemeanour. |
1 3 . (i) I f it is credibly represented to the Minister—
(a)
That any of the signatures to any petition or counter-petition, under the preceding provisions, are not the signatures of the persons whose signatures they purport to b e ; or
(b)
(b)
That any of such signatures are those of persons not being persons liable to assessment for municipal taxes as herein
before provided within the limits of the proposed municipality
to which such petition or counter-petition refers ; or
(c) In any case where a petition and counter-petition, under and for the purposes of the eleventh section, is received by the
Governor, that certain persons have signed both the petition and the counter-petition ; or
(d)
That in any other respect the provisions hereof with regard to such petition or counter-petition have not been complied with; or
(II) I f it seems expedient to ascertain the truth of any
matter to which such petition or counter-petition refers ;
the Minister may cause such inquiry to be made with respect to the
particulars aforesaid as may seem necessary in that behalf, and the
consideration of the matter by the Governor shall be deferred until the
person appointed by the Minister to prosecute such inquiry as aforesaidhas submitted his report.
14. For the purpose of every such inquiry such person as the
Minister appoints in that behalf may hear, receive, and examine evidence, and may by summons under his hand require all such persons
as he thinks fit to appear personally before him at a time and place to
be appointed in such summons, and to produce before him all suchbooks and papers in their possession or under their control as may appear necessary for their examination and other the general purposes
of the inquiry.
15. The results of such inquiry shall, within one month after
such appointment as aforesaid, he embodied in a report to the Minister and submitted to him by the person so appointed. And after con sideration of such report the Governor may take such further proceedings in connection therewith under the provisions herein contained as may be deemed necessary.
16. All expenses of and incidental to the incorporation of any
municipality, the preparation and revision of the first municipal list and roll, and the first elections of aldermen and auditors for any such municipality shall, if certified under the hand of the returning officer,
be paid out of the Consolidated Revenue Fund by warrant under the
hand of the Governor directed to the Colonial Treasurer.
DIVISION 2—Union of Municipalities.
17. On receipt of a petition from, and sealed with the corporate
seals, and signed by at least two-thirds of the members of the several councils of any two or more adjoining municipalities in each of which
an assessment has been made as hereinafter provided, or from and
signed
signed by at least two-thirds of the ratepayers of each such municipality, praying that the said municipalities may be united, and form one municipality, the Governor may, after a like publication o f such petition as aforesaid, declare by proclamation as aforesaid such municipalities to be united and to form one municipality by a name, and according to boundaries in the same or some subsequent proclamation to be mentioned and described. And any existing division of the said municipalities or any of them into wards shall thereupon he abolished.
But if a division into wards has been requested in the said petition for union the Governor may, by the said proclamation of union
or by any subsequent proclamation published as aforesaid, declare such
united municipality to be and the same shall be accordingly divided into wards according to the following scale, that is to say : I f the respective councils o f the said municipalities are, taken together
before union, composed of twelve members and less than fifteen,
the united municipality formed by such union as aforesaid shall comprise three wards—if of fifteen members and less than twenty-four, four wards—if of twenty-four members and less than thirty, live wards —and if of thirty members or more, six wards—and thereupon such municipalities shall become and be one municipality within the meaning and for all the purposes of this A c t :
Provided, however, that those members of the council of any of the municipalities s o united as aforesaid whose term of o f f i c e has not, at the time of such union, expired shall remain in office a s aldermen until the ordinary time of retirement as hereinafter provided :
Provided also that no such union shall take place within thirty days of the day hereinafter appointed for holding any election o f aldermen.
1 8 . (i) All land, property, and moneys at the time of any such
union vested in or belonging to the body corporate or bodies corporate
of any of the municipalities so united as aforesaid shall, on such union,
be vested in the body corporate of the united municipality.
engagements existing, and all actions, suits, and prosecutions pending (II) All rates due, all rights, liabilities, contracts, and
at the time of such union as aforesaid by or against the body corporate
of any of such several municipalities shall on such union be paid to and
levied and recovered by and attach to and be carried on and prosecuted by and against the body corporate of the said united municipality, and be of the same force and effect to all intents and purposes with regard
to the united municipality as they would have been severally with
regard to each o f the said municipalities before union.
1 9 . Whenever upon the union of any municipalities the councils
o f the municipalities s o united consist of—
(i) Twelve but less than fifteen aldermen then the council of the united municipality shall consist o f nine aldermen;
(II)
(II) Fifteen but less than twenty-four aldermen then the council
of the united municipality shall consist of twelve aldermen;(III) Twenty-four but less than thirty aldermen then the council o f
the united municipality shall consist of fifteen aldermen; and
(iv) Thirty or more aldermen then the council of the united municipality shall consist of eighteen aldermen;
and one of such aldermen in each such municipality shall be elected
mayor thereof in the manner hereinafter directed:Provided that all aldermen of such municipalities so united a s aforesaid in office at the time of such union shall be and remain alder men o f such united municipality until the time of their retirement a s hereinafter directed, notwithstanding that the number of aldermen o f such united municipality is thereby for the time being in excess o f the number herein prescribed.
2 0 . I f in any municipality formed by the union of municipalities
,in accordance with the provisions of this Act, there be upon the first Tuesday in February next after such union for such first-mentioned municipality or for any ward thereof a number of aldermen greater than that assigned by this Act as the ordinary number of aldermen
f o r such municipality or ward, then in addition to the aldermen f o r
such municipality or ward who go out of o f f i c e on that day, under the provisions hereof, a number of aldermen for such municipality o r ward, equal to the excess above such number s o assigned, shall go out
o f o f f i c e at the same time and in the like order and manner. 2 1 . The council of every municipality formed by the union of
municipalities, or a majority of such council shall assemble at a time and place to be named by the Governor in the proclamation o f such united municipality or in some subsequent proclamation published a s hereinbefore directed, and shall then determine by such mode of voting
a s they may deem expedient which of the persons who is, at the timeof such union, holding the office of mayor of one or other of the municipalities so united, shall be mayor of the united municipality,
is at the time but one such mayor, then he shall on such union bo and he shall be such mayor accordingly, and if from any cause there mayor of the municipality formed by such union, and every person having been so chosen or having been mayor of the said united muni
cipality shall be deemed for all purposes to have been elected as herein provided in ordinary cases. 2 2 . Upon the union of municipalities, the auditors who a r c in
o f f i c e in each of the several municipalities shall remain in o f f i c e a s
auditors of the municipality formed by such union until the first
Tuesday in February after such union.
2 3 . Upon the union as herein provided of any municipalities,
the Minister shall declare what by-laws of those in force; f o r such several municipalities at the time of such union shall be the by-laws
of
of the united municipality. And such by-laws so declared to be the
by-laws of the united municipality shall be in full force therein until such by-laws are amended, altered, or repealed by the council thereof, and such amendment, alteration, or repeal has been confirmed and published as herein directed. And all other by-laws previously in
force in the said municipalities so united as aforesaid, or any of them shall, after such declaration by the Minister as aforesaid, become null
and void :
Provided that all acts or things done or had, and all fines,
penalties, and forfeitures imposed under or by virtue of any by-law so
become null and void shall be of the same force and effect and be
recovered in like manner as if such union had not taken place and
such declaration by the Minister had not been made :
Provided also that the council of every united municipality
shall have the same power as to the enforcement of any by-laws in
force or enforceable in such municipality under the provisions hereof
as i f such by-laws had been made by such council.
24. In every case where municipalities have been united, and
the Minister has declared as aforesaid what by-laws are to be in force
a s the by-laws of the united municipality, such by-laws so declared
to be in force shall be published in the Gazette, and the production
of such Gazette with such by-laws so published therein shall be as
sufficient evidence as hereinafter provided that such by-laws arc in
as full force for such united municipality as if the same had been made by the council thereof, and had been confirmed and published
a s hereinafter enacted.
DIVISION 3 — S e v e r a n c e of Municipalities.
2 5 . On receipt of a petition signed by at least two-thirds of the
electors resident or owning ratable property in any defined area of any
municipality praying that such area may be separated from such
municipality and be constituted a separate municipality, the Governor
after publication of such petition as aforesaid may by like proclamation
declare such municipality to be so divided, and by the same or any other proclamation so published as aforesaid may define the boundaries
of each division, and state the number of wards of which each division
shall consist, and thereupon each such division shall become and be a municipality within the meaning and for all the purposes of this A c t :
Provided that the division of any municipality so made shall
be consistent with the provisions of the tenth section of this A c t :
Provided also that before; any such separation a s aforesaid, the debts and other liabilities then attaching to the entire municipality shall be by or to the satisfaction of the Minister proportionally adjusted a s between such proposed divisions :
Provided
Provided further that there shall he in every such case a
like adjustment of all mutual claims between the two proposed
divisions or municipalities as to the relative proportions of revenue and expenditure, in, for, or in respect of each such proposed division
or municipality, and if on such adjustment any balance is found due
from one of such proposed divisions or municipalities to the other, such balance shall be recoverable at law after such division by the municipality to whom it is so found due from the municipality by whom it is so found payable.
26. Upon and after any division of any municipality in manner
aforesaid, and the constitution of the parts so divided into distinct municipalities, the by-raws in force in such first-named municipality at the time of such division shall be the by-laws of each such municipality after such division until such by-laws are amended, altered, or repealed by the council thereof, and such amendment, alteration, or repeal has been confirmed and published as herein directed:
Provided that in every such case of division the council of every municipality created on and by such division shall have the same power as to the enforcement of any by-laws in force or enforce
able in such municipality under the provisions hereof as if such by
laws had been made by such council:
Provided further that in the case of any road dividing two or more municipalities the Governor shall have power to declare and determine which set of by-laws of the municipalities so divided shall
be in force on such road.
DIVISION 4 .—Annexat ion to a Municipality.
27. The Governor, on the receipt of a petition signed by not
fewer than twenty persons, either resident householders or owners of
ratable property within the boundaries of any area adjacent to a municipality, or signed by a majority of such persons in case the said area does not contain a greater number in the aggregate than thirty, sufficiently setting out the boundaries of the said area, and praying that the same may be annexed to the adjoining municipality, shall cause the substance and prayer of such petition to be so published as aforesaid, and unless a counter-petition signed by a greater number
of persons as aforesaid is received by the Minister within three months from the date of such publication, may, with the consent of the council of such municipality, declare by a proclamation published as aforesaid such area to be united with and form part of such municipality, and upon such proclamation such union shall take place
accordingly.
DIVISION
DIVISION 5 .—Division into Wards.
2 8 . I f any petition under section eleven contains a request
that the municipality he divided into wards, or if, in the case of a municipality already constituted, a petition containing' a like request
is at any time after the passing of this Act presented to the Governor
from the council, or from and signed by not fewer than fifty electors
of such municipality duly qualified as hereinafter defined, the Governor
may, by the first or by a subsequent proclamation, as the case may
he, published as aforesaid, declare such municipality to be and the
same shall accordingly be divided, i f the population thereof is not less than five hundred but does not exceed one thousand, into two wards, if it exceeds one thousand and does not exceed four thousand, into three wards, and if it exceeds four thousand, into four wards.
29. Where a municipality has been divided into wards after
the; incorporation of such municipality, and after aldermen have been elected as for the whole undivided municipality, one alderman
for each ward shall as hereinafter directed be elected at each ensuing
annual election of aldermen, and the retiring aldermen although
elected as for the whole undivided municipality shall for the purposes
of this Act be regarded as retiring aldermen for the several wards
thereof.
DIVISION 6.— General provisions.
3 0 . Every borough and municipal district shall be described by
means of certain boundaries to be set forth in manner hereinbefore
mentioned.
3 1 . In all cases of annexation to an. adjoining municipality,
union of one or more municipalities, or division of any municipality, the signatures to all petitions and counter-petitions shall be verified in conformity with the twelfth section of this Act.
82. The Governor may refuse compliance with any petition for the incorporation of any new municipality, or for the union of two or
| municipality, if after due inquiry there appears to be sufficient ground | more municipalities, or for the annexation to or division of any |
| for such refusal, although no counter-petition against such incorpora | |
| tion, union, annexation, or division has been received by the Minister. |
3 3 . Whenever, in consequence of the division of a municipality,
or of the union of municipalities, the number of aldermen or of wards or of both in any such municipality requires readjustment, or whenever
the population of any municipality has increased so as to require in accordance with the provisions hereinbefore contained a proportionate
increase in the number of aldermen, and of wards, i f the same has
been divided into wards, the Governor, on the receipt of a petition from the council o f such municipality praying for such increase
o r
or readjustment as aforesaid, may in like manner as hereinbefore mentioned, and by proclamation so published as aforesaid, declare the number of wards and aldermen to which such municipality shall be entitled, or may readjust such wards according to the scale herein before prescribed.
34, No misnomer, inaccurate description, or omission in any proclamation made under this Act, or purporting to be so made, by virtue of which any municipality shall have been constituted, divided, united, readjusted, or otherwise dealt with, shall in anywise suspend or impair the operation of this Act with respect to the matter so misnamed, misdescribed, or omitted.
35. Whenever it is proved to the satisfaction of the Minister that any proclamation made and published in pursuance of the pro visions herein, or purporting so to be, is so inaccurate, defective, or informal, by reason of some misstatement, misdescription, error, omission, or other fault or insufficiency, as to cause reasonable doubts to be raised respecting its validity, it shall be lawful for the Governor to revoke and cancel such proclamation, and within a reasonable time to publish in substitution thereof a new proclamation in accordance with the provisions herein contained.36. Every proclamation by the Governor, published in the Gazette before the fourth day of December, one thousand eight hundred and ninety-four, and made or purporting to be made under the Municipalities Act of 1867, and declaring an area therein mentioned or described to be a municipality or a borough or municipal district by a name mentioned therein, shall, whether the procedure appointed and the conditions imposed by the said Act were followed and complied with or not, have and be deemed to have had from the date thereof the effect of constituting the same accordingly for the purposes and within the meaning of this Act, subject, however, to the provisions herein contained for the revocation of certain proclamations,
and the production of the Gazette containing such proclamation shall in all proceedings on behalf of the municipality be conclusive evidence
of the legality of the constitution thereof:Provided always that nothing in this section shall affect or have any application in respect of any proceeding, cither at law or in equity, instituted before the tenth day of September, one thousand eight hundred and ninety-four.
P A R T
P A R T I V .
T H E MUNICIPAL COUNCIL.
DIVISION 1.— Qualification of mayor, aldermen, and auditors.
37. Every male elector of any municipality, o r if the same is divided into wards, of any ward thereof, who is a natural horn or naturalised subject of her Majesty and is not otherwise disqualified as herein prescribed, shall be capable of being elected mayor, alderman,
or auditor thereof :
Provided that no alderman shall be capable of being elected an auditor in and for the municipality of which he is an alderman.
3 8 . (i) Every person—
(a) being or serving as a Judge of the Supreme Court or any District Court; or
(b)
being an officer on full pay or a non-commissioned officer or private in the naval or military service of Her Majesty other than the volunteer force of this Colony ; or
(c) being of unsound mind; or
(d)
being an uncertificated insolvent or bankrupt, or under composition with his creditors by any deed of assignment duly executed by him ;
shall be disqualified from taking or holding o f f i c e as mayor, alderman,
or auditor of any municipality.
(II) And every person—
(a)
holding any office or place of profit under or in the gift or disposal of the council of any municipality; or
(6) being directly or indirectly by himself or any partner engaged
or interested in any contract or employment with, by, or on
behalf of the said council;
shall, save as provided in the next succeeding section, be disqualified
from taking or holding any of the said offices within and for such
| municipality: |
Provided that such disqualification shall not be extended to any
elector by reason of his being a proprietor or shareholder not being a
director of any joint stock company contracting with the council for any one of the aforesaid offices whereof or in connection wherewith he
is a candidate.
3 9 . (I) The following contracts and agreements shall be
excepted from the provisions of sections thirty-eight and forty-four o f
this Act,—that is to say, contracts and agreements between the council
o f a municipality and any person—
(a)
for the supply by the council of water, gas, or electricity to premises;
(4)
(b)
for the performance by the council of any work or services in connection with the paving or asphalting of footways, or the kerbing or guttering of roads, the removal of nightsoil, or the carrying out by the council of other sanitary measures within the municipality;
(c)
for the payment of money by any person for permission granted to him by the council to occupy footways in the municipality during the erection of buildings;
(d)
for the payment of a deposit of money as security for any damage to footways within the municipality ;
(V) relating to any lease already granted of any land belonging to
or under the control of the council;
(II) The contracts and agreements mentioned in the next
preceding subsection shall be deemed to have been excepted from the provisions of sections thirty-three and thirty-eight of the Municipalities Act of 1 8 6 7 , and no costs shall be awarded to or recoverable by a
plaintiff or complainant in any proceedings commenced before the
eleventh day of June, one thousand eight hundred and ninety-five, for the recovery of any penalty incurred or moneys forfeited under, nor shall any penalty be recoverable for, nor any disqualification result from the breach of any of the provisions of the Municipalities Act of
1 8 6 7 in respect of a contract or agreement deemed to have beenexcepted as aforesaid.
4 0 . Any person holding the o f f i c e of mayor, alderman, or
auditor having his estate placed under sequestration as bankrupt, or having executed any deed of assignment as aforesaid, or (in the case of an alderman) being absent without leave from the meetings of the
council for more than three successive months shall thereby become
disqualified and shall cease to hold such office.
And in each such case of disqualification through absence
without leave the person so disqualified shall be liable to the same fineas if he had refused to accept such office unless he has ceased to dwell
permanently within the municipality or unless it is certified by two duly qualified medical practitioners that bis absence has been occasioned by illness, or unless it is proved to the satisfaction of the council that such absence has been occasioned by some extreme
emergency : Provided, however, that every person becoming disqualified as
aforesaid by reason of the sequestration of his estate or the executionof any deed of assignment as aforesaid shall, on obtaining his certificate or on payment of his debts in full or obtaining an absolute release from his creditors, be capable of being re-elected. 4 1 . No mayor, alderman, or auditor shall act as such until he
has before a commissioner of the Supreme Court or a justice made and
subscribed.
subscribed a declaration in the form of the Third Schedule hereto, and has delivered or transmitted the same to the returning officer, who shall deliver or transmit all such declarations to the council clerk.
4 2 . Every person duly qualified for and duly elected to the office
of mayor, alderman, or auditor shall accept such office by making, sub
scribing, and delivering or transmitting the declaration aforesaid
within fourteen days after notice in writing of his election has been delivered to him personally or left at his usual or last known place of abode, or in default thereof pay a fine of twenty-five pounds. And such office shall be deemed vacant on the fourth day after the expira tion of such fourteen days without such delivery of such declaration. And it shall be the duty of the returning officer for the time being to give or cause to be given the notice in writing herein required within two days after each such person has been declared duly elected :
Provided that if the said returning officer was the mayor, or some other person acting for such mayor as herein prescribed, and if a new mayor has been elected before the delivery or transmission of such declaration as aforesaid it shall be sufficient if the same is delivered or transmitted within the time herein prescribed to such new mayor.
4 3 . Provided that no minister of religion and no person disabled
by deafness, blindness, or other permanent infirmity of body, nor any
person above the age of sixty years, or who has already served the like
office within three years next before the day on which he is elected, or has paid the fine for not accepting or for resigning such office, or for absence therefrom within the same period, nor any member or officer of the Legislative; Council or Legislative Assembly, nor any
person whose usual place of abode is not situated within the munici pality for which he has been elected, shall be liable to any fine or penalty for neglecting or refusing to serve as alderman or mayor.
4 4 . Every person being a mayor, alderman, or auditor under
this Act who continues to be or becomes directly or indirectly by means of partnership with any other person or otherwise howsoevcr
wilfully or knowingly engaged or interested in any contract or agree
| ment or employment (other than any contract or agreement mentioned | in section thirty-nine) with, by, or on behalf of the council, except as |
| proprietor or shareholder not being a director of any joint stock com pany contracting as aforesaid, shall be liable to a penalty not exceed ing one hundred pounds and not less than fifty pounds, and shall be | |
| for seven years after commission of such offence disqualified from | |
| holding any office in or under the council. |
4 5 . Any person acting as mayor, alderman, or auditor of any
municipality without having made the declaration hereby required, or not being duly qualified at the time of making such declaration, or acting in or holding any such office after he ceases to be qualified according to this Act shall, for every such offence, forfeit the sum of
fifty
fifty pounds, to be recovered, together with full costs of suit, by any elector of such municipality who sues for the same within three months after the commission of the offence.
DIVISION 2 .—Ret i rements and vacancies.
46. In each municipality, if the council consists of six aldermen,
two shall retire, and if of nine aldermen three shall retire, and if of twelve aldermen four shall retire, and if of fifteen aldermen live shall retire, and if of eighteen aldermen six shall retire on the first Tuesday in February in each and every year ; the first to retire being the two, three, four, five, or six who had the smallest number of votes at the first election until all then elected have retired, and in any case of doubt created by an equality of votes or by an election without a poll the decision shall be by lot, and thereafter the alderman longest in the
council shall first retire, and every retiring alderman shall if stillqualified he capable of being re-elected :
Provided that in every municipality which has been divided into wards one of the aldermen for each ward shall retire on the day afore said in each and every year, such retiring aldermen being those who had the smallest number of votes at the first election in their respective wards or who had been longest in the council, and in any case of doubt as aforesaid it shall be decided by lot which of such aldermen shall retire.
47. (i) I f any mayor, alderman, or auditor dies or resigns his
office in the manner hereinafter prescribed, or neglects or refuses to accept such office in the manner and within the time hereinbefore
prescribed, or is by any rule or order of the Supreme Court, to be made as hereinafter provided, declared ousted of such office, or otherwisebecomes disqualified as herein described, then the office of the same
shall be and become vacant, and every such vacancy shall be deemed
to be an extraordinary vacancy within the meaning of this Act.
(II) Every alderman elected to supply an extraordinary
vacancy in the office of alderman shall hold office until the time when
his predecessor's term of office would have expired and shall then go
out of office, but may be re-elected if still qualified.4 8 . Every person elected mayor, alderman, or auditor under
this Act may at any time resign such office by letter under his hand addressed to the council clerk, or if there is no council clerk to the mayor, and the resignation shall be held to be complete from the date
of the receipt of such letter by such council clerk or mayor :
Provided that every person so resigning shall be liable to a penalty of twenty-five pounds, unless he is entitled to claim exemption from such fine under any provision herein contained, or unless he has
since his election become a minister of religion, or disabled by deafness,
blindness, or other permanent infirmity of body or mind.
49. All aldermen and auditors in office at the time of each successive annual election herein provided for shall remain in office
until their successors arc elected.
DIVISION 3 . — E l e c t i o n and privileges of Mayor.
5 0 . Within seven days after the first election and each
subsequent annual election, on a day and at an hour to be fixed at the
first election by the returning officer (who shall preside thereat), and at
subsequent elections by the council cleric, and to be notified to the whole of the aldermen in the same manner as an ordinary summons to a council meeting not more than four days nor less than twenty- four hours previously, such aldermen, or a majority of them, shall meet after the first election at such place as the returning officer has notified, and after all subsequent annual elections at the office or ordinary place of meeting of the council, and shall choose and appoint,
by such mode, of voting as they deem expedient, some one member
of the council to be mayor, who shall, subject to the provisions of
section fifty-two, go out of office at the next annual election of
aldermen, but may then be re-elected :
Provided that in case of an equality of votes at the first
election of mayor the returning officer shall have a casting vote.
5 1 . Upon any extraordinary vacancy in the office of mayor the
council clerk shall summon a meeting of the council within seven
days after the occurrence of such vacancy, giving not less than twenty- four hours' notice of the same to each alderman as in the case of an ordinary meeting of the council; and at such meeting the aldermen,
or a majority of them, shall elect, one of their number to be mayor for
the remainder of the then current term of office.
5 2 . Every person elected mayor of a municipality shall (although
his term of office as alderman has expired) continue to hold office as mayor until the election of his successor, and shall preside at all meetings of the council holden in pursuance of this Act for the election
| absence of a quorum. And for the purposes of such election the | of such successor, and shall have power to adjourn any meeting in the |
| mayor shall (if he has ceased to be an alderman) have a casting vote | |
| only, but if his term of office as alderman has not expired, such mayor | |
| shall have and exercise an original but not a casting vote. |
And in ease the mayor of any municipality dies or becomes
subject to any of the disqualifications mentioned in the fortieth section of this Act, and his office as mayor is thereby vacated, the
Governor may (if he thinks it expedient so to do) appoint any one of the aldermen of such municipality, or such other person as he thinks fit, to preside as chairman at any meeting of the council for the election of a mayor called in pursuance of the provisions of this
Act.
Act. And such chairman (if he is not an alderman) shall have and exercise a casting vote only, hut if he holds office as alderman he
shall be entitled to an original but not to a casting vote, and shall have
power in either case to adjourn any meeting at which a quorum is not
present:Provided that where an equal number of votes is given for a n y two or more candidates, it shall be determined by lot which of such candidates shall be declared to have been elected as mayor.
5 3 . The council may determine whether any and what
remuneration shall be allowed any person executing the office of
mayor .
DIVISION 4 . — T h e Municipal Roll.
( 1 . ) Qualification of electors.
5 4 , (I) Every person of the full age of twenty-one years who,
at the date of the publication of the proclamation constituting a n y municipality under section eleven of this Act, is the occupier, lessee, or owner of any ratable property within such municipality, and liable to
be rated for the same as such occupier, lessee, or owner, shall ho
entitled to he enrolled upon the first municipal roll of such munici pality, and being so enrolled shall be an elector thereof, and shall he entitled to one vote at and for the first election of aldermen and auditors
for such municipality, and at and for any other such election until the
enrolment of the municipal electors as hereinafter directed.(II) When by any such proclamation as aforesaid the
municipality thereby constituted is divided into wards, every person who, under the provisions hereinbefore contained, would be entitled to
be enrolled and to vote as an elector of such municipality at and forsuch first elections as aforesaid, shall be entitled to be enrolled in l ike
manner for the ward or wards wherein the ratable property in respect
of which he is so entitled is situated, and upon being so enrolled, shal l
be entitled to vote at and for such first elections and such other elections as aforesaid to be held in and for such ward or wards, and the said provisions shall, as to each such ward, be construed as applying thereto and not to the whole municipality. (III) The electoral officer shall, within thirty days of his appointment, make or cause to be made an alphabetical list in the form contained in the Fourth Schedule hereto, to be called the municipal list, of all persons who appear entitled as aforesaid to be enrolled upon the first municipal roll of such municipality.
(iv) The electoral officer shall forthwith, after the municipal
list has been made out as aforesaid, notify by public advertisement insome newspaper circulating within or near such municipality the fact that a copy of such list is in his custody and open to inspection by any
person
person interested therein, at a place to he mentioned in such advertise ment, and shall keep such list or a copy thereof at such place to he inspected by any such person, and permit such inspection without fee at all reasonable hours for a period of seven days from the publication
of such advertisement.
(v) Any person whose name has been omitted from any
such municipal list who claims to have his name inserted therein shall, on or before the seventh day after the publication of such advertise ment as aforesaid, give to the electoral officer notice thereof in writing according to the form in the Fifth Schedule hereto or to the like effect; and every person whose name has been inserted in any such municipal
list may object to any other person as not being entitled to have his
name retained therein ; and any person so objecting shall, on or before the said seventh day after the publication of such advertisement as aforesaid, give to the electoral officer, and also to the person objected
to, or leave at the premises in respect of which his name appears to be
entered in the said list, notice in writing of such objection according to the form in the Sixth Schedule hereto, stating the ground of such
objection and attaching his signature thereto; and the electoral officer
shall include the names of all persons so claiming as aforesaid in a list according to the Seventh Schedule hereto, and shall include the names
of all persons so objected to as aforesaid in a list according to the form of the Eighth Schedule hereto, and shall sign and keep the said lists, or
copies thereof respectively, to be inspected and perused by any person
without fee at all reasonable hours during the week preceding the fourteenth day after the publication of such advertisement as aforesaid.
(vi) An open court for the purpose of revising such
municipal list shall be held by a justice or other person appointed by the Governor to hold such court, hereinafter called the presiding officer, at such place within the municipality and at such time between the fourteenth and twenty-first days after the publication of such advertise ment as aforesaid as the Governor shall, by notification published in
| municipality, appoint: | the Gazette, and in some newspaper circulating within or near the |
| Provided that such notification shall be published not less than three nor more than seven days before the day on which such court is to be held. |
Every such court may be adjourned for sufficient cause : Pro
vided that no such court shall be adjourned beyond the twenty-first
day after the publication of such advertisement as aforesaid.
(VII) The electoral officer shall himself, or by some person on his behalf, if he is unavoidably prevented from so doing, attend such revision court and produce to the said court the municipal list, and also copies of the lists of the persons who have sent in claims, and
of the persons who have been objected to as aforesaid, and shall produce
H to to the said court all books, papers, and documents in his possession connected with the preparation of the municipal list, and shall answer on oath all such questions as the court may put to him touching any matters necessary be ascertained for the said revision of the municipal
list.
( V I I I ) The provisions of sections sixty-two to sixty-six of
this Act, both inclusive, shall, subject to the following alterations, apply to the compilation, revision, and completion of the first municipal list and roll of every municipality, that is to say—
the words "presiding officer" shall be read in place of the word
" mayor"; and
the words " electoral officer" shall be read in place of the words
" council clerk"
in each place respectively in which such words occur.
( ix ) Every electoral officer and every presiding officer shall,
before acting as such, before a commissioner of the Supreme Court or a justice, subscribe a solemn declaration that he will perform his duties
impartially and shall give or transmit such declaration to the Colonial
Secretary.
(x) In any case in which it appears to the Governor that
the period allowed by this section for the doing of any act is insufficient, and an alteration or extension of such period and any alteration of periods consequent thereon is shown to bo necessary, he may, by
notification in the Gazette, declare that such alteration or extension,and the alteration of periods consequent thereon, shall be made, and
thereupon the same shall he made and take effect accordingly.
5 5 . Every person of the full age of twenty-one years who, on
the seventh day of January in any year, is the occupier, lessee, or owner of any ratable property within any municipality, and liable to
be rated for the same as such occupier, lessee, or owner shall be
entitled to be enrolled according to the provisions hereinafter contained upon the municipal roll of the municipality for the ensuing municipal
year, and being so enrolled shall be an elector thereof, and shall be
entitled, subject as hereinafter mentioned, to vote in all elections of
aldermen and auditors for the municipality occurring whilst such
municipal roll is in force in the m a i m e r following—(I) I f the occupier, lessee, or owner of property assessed at an
annual value not exceeding twenty-five pounds, he shall be
entitled to one vote :
( I I ) I f the occupier, lessee, or owner of property assessed at an
annual value over twenty-live and not exceeding seventy-
live pounds, he shall be entitled to two votes :
(III) I f the occupier, lessee, or owner of property assessed at an
annual value over seventy-five and not exceeding one hundred
and fifty pounds, he shall he entitled to three votes :
(IV)
(iv) If the occupier, lessee, or owner of property assessed at an annual value over one hundred and fifty pounds, he shall he entitled to four votes :
Provided that only the person who pays the rates for such ratable property shall be entitled to vote in respect thereof, and no person who is at the time of claiming to vote in arrears on account of any such rates shall be entitled to vote in respect of the property rated at any election in such municipality :
Provided also that no person shall be allowed to vote without first making and subscribing a declaration in the form contained in the Ninth Schedule hereto:
Provided further that where any ratable property is jointly occupied, jointly leased, or jointly owned by more persons than one, only one of such joint occupiers, joint lessees, or joint owners shall be an elector as aforesaid, unless the assessed annual value of such ratable property so jointly occupied, leased, or owned as aforesaid exceeds twenty-live pounds, in which case a second joint occupier, joint lessee,
or joint owner shall be admissible as an elector; and if the assessed
annual value of such ratable property exceeds seventy-five pounds, then a third joint occupier, joint lessee, or joint owner (if there be one), shall be admissible as an elector; and if the assessed annual value
exceeds one hundred and fifty pounds, then a fourth joint occupier, joint lessee, or owner (if there be one) shall he admissible as an elector. And the person or persons so admissible as aforesaid in cases
of joint occupancy, joint lesseeship, or joint ownership shall be the
person or persons first named in the rate-book, and shall not in any case be entitled to a cumulative vote ; and the giving of any joint vote by such person or persons shall render any other person claiming to vote in respect of the same ratable property incapable of giving a cumulative vote in that election.
56. Where any municipality is divided into wards, every person who under the provisions hereinbefore contained would be entitled to
| entitled to be enrolled in like manner for the ward or wards wherein | ho enrolled and to vote as an elector of such municipality shall be |
| the ratable property in respect of which he is so entitled is situated, and, upon being so enrolled, shall be entitled to vote in all elections | |
| of aldermen and auditors to be held in and for such ward or wards as | |
| hereinafter provided, and the said provisions shall, as to each such ward, be construed as applying thereto and not to the whole munici pality. |
(2.) Malting and Revision of Municipal Roll.
57. The council clerk of every municipality shall, during the week ending on the seventh day of January in each year, make or cause to be made out according to the form in the Tenth Schedule
hereto
hereto annexed from the rate-hooks of such municipality and from
all other books and documents connected therewith an alphabetical list to be called the " municipal l i s t " of the names of all persons who
appear entitled as aforesaid to be enrolled upon the municipal roll for the ensuing municipal year, and shall state in such list against the name of each person the several particulars indicated in the several columns of the said Schedule, as the same appear in or from the said rate-books and documents as aforesaid; and for the purpose of making the said list, every person rated in respect of any ratable property shallbe presumed to have been of full age, and the occupier or owner, as
the case may be, of such property at the time of the making of such municipal list, and liable to be rated as such owner or occupier
respectively, subject however to the provisions hereinafter contained
as to objections.
5 8 . The council clerk shall forthwith, after making out the
said alphabetical list, notify by public advertisement in some news paper circulating within or near the municipality, the fact that a copy
of such list is in his custody and open to inspection by any person
interested therein, and shall keep such list or a copy thereof to bo inspected by any such person, and permit such inspection without fee at all reasonable hours between the seventh and fourteenth days of January in each year.5 9 . Any person whose name has been omitted from any such
municipal list who claims to have his name inserted therein shall, on
or before the fourteenth day of January, give to the council clerk notice thereof in writing according to the form in the Eleventh Schedulehereto annexed or to the like effect, and every person whose name has been inserted in any such municipal list may object to any other person as not being entitled to have his name retained therein, and any person so objecting shall, on or before the said fourteenth day of January, give to the council clerk, and also to the person objected to,
or leave at the premises in respect of which his name appears to be
to the form in the Twelfth Schedule hereto, stating the ground of entered in the said list, notice in writing of such objection according such objection and attaching his signature thereto; and the council clerk shall include the names of all persons so claiming as aforesaid in a
list according to the form in the Thirteenth Schedule hereto ; and shall include the names of all persons so objected to as aforesaid in a list according to the form in the Fourteenth Schedule hereto ; and shall sign and keep the said lists or copies thereof respectively to be inspected and perused by any person without fee at all reasonable hours during the week (Sundays excepted) preceding the twenty-first day of January in such year.
6 0 . The council of every municipality shall hold an open court
at the council chamber for the purpose of revising the municipal lists
thereof,
thereof, and such revision shall take place at such time a s the mayor shall appoint between the twenty-first and twenty-eighth days of January in every year, and the mayor shall give three clear days'
notice of the holding of such court, and of the time and place thereof, by placing such notice on the outer door of the council chamber of the
said municipality, and by advertisement in some newspaper circulating within o r near such municipality, and every such court may, for
sufficient cause, be adjourned by the mayor or, in his absence, by the
council:
Provided that n o such court shall be adjourned beyond the twenty-eighth day of January in any year.
6 1 . The council clerk shall himself, or by some person on his
behalf if he is unavoidably prevented from so doing, attend the
revision court and produce to the said court the municipal list, and also copies of the lists of the persons who have sent in claims, and of the persons who have been objected to as aforesaid, and of the
lists (if any) of defaulters as hereinafter described. And the valuers
hereinafter mentioned and all collectors of rates under this Act shall
also attend the said court and shall produce to the said court all books,
papers, and documents in their possession connected with such their respective o f f i c e s , and shall answer on oath all such questions as the court may put to them touching any matters necessary to be ascer tained for the said revision o f the municipal list.
6 2 . The revision courts shall have authority to hear, receive,
and examine evidence, and by summons under the hand of the mayor to require all such persons as the court may think fit to appear personally before the said court, at a time and place to be named in such summons, to give evidence and to produce to the said court all such books and papers in their possession or under their control as appear necessary for the purpose of their examination, and the said court shall, upon hearing in open court, determine by the decision of
a majority upon the validity of all claims and objections as hereinafter
mentioned. 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.
6 3 . The revision court shall insert in the lists under revision
the name of every person who has claimed as aforesaid, and is proved to the satisfaction of the court to be entitled to have his name inserted on the municipal roll as aforesaid, and shall retain on the said lists the names of all persons to whom no objection has been duly made a s hereinbefore directed, and shall also retain on the said lists the name
of every person who has been objected to by any person, unless the
party so objecting appears by himself or by some one on his behalf in support of such objection, and proves the service of the several notices hereinbefore required, and when the name of any person inserted in
any
any list has been duly objected to as hereinbefore directed, and the person objecting appears by himself or by some one on his behalf in support of such objection, the court shall require proof of so much of the qualification of the person so objected to as is embraced in the grounds of objection so stated as aforesaid and no more, and in case such qualification as aforesaid is not proved to the satisfaction of the court, the said court shall expunge the name of every such person from the said list.
And the court shall also expunge the name of every such person who is proved to the court to be dead, and shall correct any mistake or supply any omission which is proved to have been made in any of the said lists in respect of the name or place of abode of any person which is included therein, or in respect of the situation and description of any ratable property :
Provided always that no person's name shall be inserted by the said court in any such lists, or shall be expunged therefrom, except in the case of death, unless notice has been given as hereinbefore described in each of the said cases.
64. The mayor shall in open court write his initials against the names struck out or inserted as aforesaid, and against any part of the
list in which any mistake has been corrected, or omission supplied,
and shall sign his name to every page of the list so settled, and shall then cause to be written at the foot or end of the list a certificate that the same has been revised and is correct, and the mayor shall there and then sign such certificate.65. "Where any municipality is divided into wards the preceding
sections and the next succeeding section hereof relating to the compilation and completion of the municipal list and roll shall be read with reference to such municipality in manner following, that is to say: —Instead of the municipal list and roll being made out for the whole municipality such list and roll shall be divided into separate parts according to the number of wards contained in the municipality, and
the council clerk shall insert therein under the proper ward the names of those persons who, under the provisions hereinbefore contained, appear to be entitled for the time being to be enrolled on the municipal roll for such ward, and omit or expunge therefrom the names of all persons who do not as hereinbefore provided appear to be so entitled. And the municipal list, so divided as aforesaid, when signed by the
Mayor after revision and delivered to the council clerk as hereinafter directed, shall be the municipal roll for each and every ward, and shall continue in force therein until another municipal roll has duly come into force hereunder.
66. The list so signed and certified shall be forthwith delivered to the council clerk who shall copy the names of the electors in alphabetical order in a roll or book, and shall set a number against
each
each name according to its order in such roll or book according to the form in the Fifteenth Schedule hereto, and each such roll or book shall
be the electoral roll of the municipality or ward as the case may be for all the purposes of this Act, and shall continue in force until a
new roll has been made hereunder. And any copy purporting to be a
copy of such roll and certified by the mayor to be correct shall be
evidence of such roll and of the contents thereof.
6 7 . Whenever any municipality in which such roll of electors
has been revised and made up as aforesaid is so divided as to constitute two municipalities, or is divided into wards, or whenever there is any readjustment of wards in any such municipality, or whenever two
or more such municipalities being adjoining municipalities are united
in manner aforesaid, the then existing roll or rolls of the electors of such municipality or municipalities shall by the council clerk or
council clerks thereof be divided into separate rolls of electors for such
municipalities or wards, or made up into new rolls for such readjusted wards, or into a roll or rolls for such united municipality as the case may require:
Provided that in every such rearrangement 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 circum stances of the case require, and every roll which has been so rearranged as aforesaid shall, by the mayor of the municipality to which it apper tains, 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 rearranged 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 rearranged 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 has been made for such municipality or ward under the provisions
of this A c t ; and any copy purporting to be a copy of such roll so
| be evidence of such roll and of the contents thereof. | rearranged and certified as aforesaid, and signed by the mayor, shall | DIVISION 5 . — T h e Election | of | Aldermen. |
(1.) Time of holding elections and number of aldermen.
6 8 . The first election of aldermen for any newly proclaimed
borough or municipal district shall take place on a day at noon, and at a place to be notified by the Governor, within three months after its incorporation, and all succeeding annual elections in such municipality and in all municipalities where an election has already been held shall take place on the first Tuesday in February in each
| year. | 6 9 . |
6 9 . On the occurrence of any extraordinary vacancy in the
office of alderman or auditor, the mayor or any alderman appointed
by the council as returning officer shall, within ten days after the
occurrence of such vacancy, give fourteen clay's notice in some news
paper circulating in or near the municipality of a day on which an
election to supply such vacancy shall be holden in manner hereinafter
mentioned.
7 0 . In any municipality which under such readjustment as
aforesaid has become entitled to a greater number of aldermen than the number of aldermen to which it has theretofore been entitled or which it has possessed, there shall be elected in the manner and with the like notices as in the case of extraordinary vacancies a sufficient number of other aldermen to make the number of the council of such municipality equal to the number to which it has become entitled under this Act. And such additional aldermen shall in turn go out
of office annually in rotation with the other retiring aldermen,
according to the number of votes which each has obtained or otherwiseas hereinbefore provided.
7 1 . I f in any united municipality there is, upon such union, for
such municipality or for any ward thereof, a number of aldermen greater than that assigned by this Act as the ordinary number of aldermen for such municipality or ward, no extraordinary vacancy for such municipality or ward shall be filled up, until the whole number
of aldermen for such municipality or ward has been reduced below
such ordinary number, and then only so as to complete such ordinary
number.
( 2 . ) Who shall hold elections.
72. The returning officer at any first election shall be nominated
by the Governor, and at every succeeding election the returning officer
shall be the mayor, or, in his absence or in the event of such mayor being a candidate for re-election as an alderman, any alderman of the municipality appointed for that purpose by the council. 7 3 . (i) Where by reason of the occurrence of extraordinary or ordinary vacancies, or both, in the offices of aldermen in any munici pality, the number of aldermen for such municipality is reduced below the number prescribed by this Act as a quorum, or where in any such
case there is no council clerk for such municipality, the Governor may
appoint any one of the remaining aldermen, or such other person as in his discretion he thinks fit, to perform the duties of returning officer
for the purposes of holding an election of aldermen and of mayor for
such municipality; and such returning officer shall in such election
for mayor have and exercise a casting but not an original vote.
(II) The Governor may also, in any case where the alder
men of a municipality are reduced below the required quorum as
aforesaid
aforesaid and there is no council clerk, appoint a council clerk for such municipality. And any person so appointed by the Governor shall, until the completion of such elections but no longer, hold office as
council clerk to all intents and purposes as fully and effectually as if
he had been appointed under this Act, and shall be remunerated by such fee, payable from the funds of the municipality, as the Governor may appoint.
(III) All other expenses incident to such elections shall be
payable from the said funds in like manner as the expenses of subse
quent elections.
(iv) No municipality shall, by reason of the occurrence of
any or all of the events mentioned in this section, be deemed at law or
in equity to have become dissolved or to have lapsed.
(3.) Manner of conducting elections.
7 4 . The election of candidates to the office of alderman under
this Act shall be conducted in manner fo l lowing :—
(i) Any two electors entitled to vote in any municipality, or in any ward of any municipality, may nominate a candidate for
election, or any number of candidates not greater than the
number of aldermen to be elected, by delivering to the returning officer for the time being seven days at least before the day appointed by the Governor or fixed by this Act as aforesaid for the first election and all subsequent elections, and hereinafter designated the " day of nomination," a document signed by such electors containing the name or names in full of the candidate or candidates they may wish to propose, setting forth also the occupation and residence of such candidate or candidates, and also similar particulars respecting the two electors so nominating,
(II) The returning officer for the time being shall give not less
than fourteen days notice of the day of nomination b y adver-tisement in some newspaper circulating in or near such
municipality. (III) On the day appointed for the nomination, and at the place appointed, the returning officer shall, at twelve o'clock at
noon, publicly read the names of the candidates so proposed,
together with the names of their nominators. And in the
event of there being no greater number of candidates than
the number of aldermen to be elected, the returning officer shall then and there declare the said persons to be duly
elected ; but in the event of there being more candidates thanthe number of aldermen to be elected, the returning officer shall advertise in some newspaper circulating as aforesaid the names of the candidates, the day of poll, and the polling-
places. ( iv) (iv) Provided that it shall be in the power of any individual so nominated as a candidate, by a notice in writing signed by him and addressed to the returning officer, and delivered to such returning officer at any time before the day of nomina tion, to withdraw from such candidature.
75. Every contested election of aldermen or auditors shall be
by ballot, and shall take place on the seventh day next after the day
of nomination, or on any earlier day at the discretion of the returning
officer not less than two days after such day of nomination. And the voting at every such election shall commence at eight o'clock in the forenoon, and shall finally close at five o'clock in the afternoon of the same day.
76. At every election the returning officer shall appoint such other presiding officers, and such polling clerks as may be requiredfor taking the poll, and may make and enforce all necessary regula
tions not inconsistent with this Act, and shall fix the polling-places
and provide proper and convenient rooms or booths for polling :Provided always that no election shall be holden nor any voting take place in any church, chapel, or other place of public worship.
(f) the receiving of notice of the intention to erect any house, shop, or other building in any street before such erection is commenced, and the furnishing of information as to any
legal provisions relating to such proposed erection ;(g) the marking of names of streets upon any Avails and the numbering of houses; (h) causing footways to be levelled and removing or abating any flagging, steps, or other injury or obstruction therefrom;
(i) the receiving of notice from any person desirous of flagging, paving, gravelling, or putting a kerbstone to the footway in front of his house or premises, and the giving of directions as to the length, breadth, height, slope, and inclination of such footway;
(k) the framing and alteration, with the Governor's approval, of rules and regulations for the holding of markets, and the preservation of order and cleanliness therein, and of enforcing such regulations by fines or penalties; and (l) the framing by public auction of any stalls or standings in any market-house;
Provided that the said council may by any by-law made, sanctioned, and published as herein directed, delegate all or any of the said powers to any officer of such council.
(II) With respect only to the foregoing provisions the
said Acts shall be severally read so far as they relate to any munici pality as if the words "counci l of the municipality" stood in such
Acts respectively, instead of the following words and descriptions respcctively, namely, " police magistrate," " any justice," " jus t ice of
the peace, " one of the nearest resident justices of the peace," " said
justice," " some justice of the peace," " the Surveyor-General or any
person deputed by him or for any magistrate or municipal officer of any such town under the authority of the Governor," " any person appointed by the Governor," " police magistrate with the assistance of the bench of magistrates," and " Colonial Treasurer or other such
officer as the Governor of the said colony shall otherwise authorise and
| appoint." | (III) |
( i n ) No police magistrate or justice of the peace or other officer or person as aforesaid shall he required or empowered to do any act or give any notice or direction or information, or receive any notice as hereinbefore mentioned, as to any of the said matters or
tilings existing, arising, or occurring within the limits of any
municipality.
(IV) So much of all fines, fees, and sums of money, which,
by reason of the operation of the said Acts or either of them, in, for, or
in respect of any municipality, shall be payable by any person, as would if this Act had not been passed be paid into the Consolidated
Revenue, shall belong to the said municipality, and shall be paid to
the treasurer or other proper officer of such municipality for the
general purposes thereof.
P A R T X X . F R E E LIBRARIES.
235. The council of any municipality may establish and main
tain free libraries, every such library to be in a room under the control
of the council, which shall be open to the public every day except
Sunday, Christmas Day, and Good Friday, for a stated period to be defined in each case by by-laws and without any restriction other than what may be necessary for the preservation of the property therein and the observance of good order.
236. Wherever a free library is established by a municipality the council shall be entitled to receive a grant from the Consolidated Revenue in aid of the purchase of books in the manner and on the conditions following:—(I) I f the library is in a district where a population of at least
pounds. three hundred souls can regularly make use of it, one hundred (II) I f the library is reasonably available for the use of a popula tion of at least one thousand souls, two hundred pounds :
Provided always that the Governor shall be satisfied of the facts in
each case, and the list of books to be so purchased shall be approved of by the inspector of public charities or the Minister exercising the
powers of that office.237. The council shall be entitled to receive without payment
for the use of any such free library, a complete copy of the public
statutes and copies of all publications issued from the Government Printing Office, on and after the date of the establishment of such
library. 238.
238. The property of every free library shall be vested in the
council for the permanent use of the whole of the inhabitants of the
municipality, and the council acting as trustees thereof shall be competent to acquire, possess, and hold property in books, papers, and instruments on behalf of such free library, by bequest, purchase, or otherwise.
P A R T X X I . FREE INFANT SCHOOLS.
239. The council of any municipality may establish free infant
schools for the instruction and industrial training of children whoso
parents are in prison, half-caste children, and other children who are
objects of charity, and shall be competent to acquire, possess, and hold
land and other property by grant from the Crown, bequest, or purchase
for the purposes of such schools:
Provided always that the instruction given in any such school shall be of a character not calculated to interfere with the religious
belief of any child.
240. The Minister of Public Instruction may, out of the lands, moneys, securities, and personal property, which, by section one of the Public Instruction Act of 1880, were directed to be held by the Crown under the direction, control, and authority of the said Minister, grant aid towards the maintenance of free infant schools to be determined by the number of children and other circumstances in each
case, and all such schools shall be subject to the provisions of the Act forty-third Victoria number twenty-three in respect to the course of secular instruction to be enforced, the examination of teachers, and the
inspection of schools.
241. The councils of any two or more municipalities may unite
in establishing free infant schools as hereinbefore provided for the common use and advantage of such municipalities, and may from time
to time appoint joint committees of management for the proper conduct
of the same:
Provided that no person shall be a member of any such joint committee of management who is not an alderman of one of the municipalities so uniting in the establishment of any such school.
242. All by-laws for the regulation of any free infant school which may be established by the united action of two or more munici palities shall be confirmed by the council of each of such municipalities.
P A R T
P A R T X X I I . MISCELLANEOUS POWERS.
243. The council of any municipality may, with the consent of
the Governor, impose and enforce a fixed annual half-yearly or quarterly charge upon vehicles plying or carrying passengers or goods
for hire within such municipality, whether such vehicles are licensed
by the Metropolitan Transit Commissioners or not.
244. Subject to the approval of the Governor, the council of
any municipality may from time to time contract, upon such terms and conditions as they may see fit, with the council of any other munici pality, or with any other body corporate, or public body empowered in that behalf, for or in respect to the doing and the control and management, by either or both of the contracting parties, of any matter or thing which the council of the municipality or such other body is by law empowered to do and perform.
245. The council may compound with any party who has
entered into any contract, or against whom any action or suit has been brought for any penalty contained in any such contract, or in any bond or other security for the performance thereof, or on account of any breach or non-performance of any contract, bond, or security for such sums of money or other recompense as the council may think proper.
246. (I) The council shall have power, by themselves or their
officers, to abate and remove all nuisances within the municipality;
and any two justices in petty sessions, upon information or complaint made before them, may, in a summary manner, compel such nuisances to be abated and removed by the owners or occupiers of the premises upon, from, or in respect of which the nuisance exists or has arisen.
(II) The nuisances referred to in the preceding subsection
shall be and include the following—
(a) any boiling-down establishment, slaughter-house, or other
premises in such a state as to be a nuisance or injurious to health;
(b) any pool, ditch, gutter, water-course, privy, urinal, cesspool, drain, or ashpit so foul as to be a nuisance or injurious to health ; (c) any animal, or the carcase of any animal, or any part thereof in such a state, or so kept or left as to be a nuisance or injurious to health; and (d) any accumulation or deposit which is a nuisance or injurious to health.
247. The council of every municipality shall have power, in like manner, and by like process, in respect to districts where the lands for the most part are under cultivation, or have been cleared and enclosed
by
by fences, to order and compel the extirpation of the weeds known as
the Bathurst burr and the Scotch thistle and any other noisome weeds, and generally to make by-laws and adopt the necessary means for preventing the growth of weeds detrimental to good husbandry.
248. Nothing in the preceding sections shall be construed to
prevent or affect prosecutions by information or indictment, or any other proceeding, in respect of nuisances now or hereafter existing, which may be abated or made the subject of presentment or prosecution at the common law or under any existing Act.
249. The council may establish tolls, rates, and dues upon
any road, street, market, bridge, ferry, wharf, or jet ty within and belonging to the municipality, and erect toll-gates, toll-bars, or other works necessary for the collection of such tolls, rates, and dues, and may make by-laws for the proper collection and management of such
tolls, rates, and dues.
P A R T X X I I I .
LEGAL PROCEEDINGS AND MISCELLANEOUS PROVISIONS.
250. The mayor, or the council clerk, or any alderman or officer
of the council of any municipality, appointed by such council in that
behalf, shall have the same right and authority to represent the body
corporate in the conduct of any action, suit, or other proceeding in any court of law or in equity by, for, on account of, or against such cor porate body as if such action, suit, or proceeding had been brought or instituted by, for, on account of, or against such mayor, council clerk, alderman, or officer individually.
251. I f any person, against whom the council has any claim or
demand, takes the benefit of any Act relating to bankruptcy, the council
clerk or treasurer of the municipality, in all proceedings against the
estate of such person or under any sequestration or act of bankruptcy
against such person, may represent the council and act in their behalf
in all respects as i f such claim or demand had been the claim or demand
of such council clerk or treasurer and not of the council.
252. Every person committing a breach of any provision of this
Act, or of any by-law made hereunder, by wilful act or refusal or neglect
to act or otherwise, shall, when no specific penalty has been provided
for such offence, be liable to a penalty not exceeding twenty pounds.
253. All fines, penalties, and forfeitures incurred under this
Act, or under any by-law made hereunder, may, unless otherwise pro
vided for, be recovered in a summary way, before any two justices in petty sessions, according to the provisions of the Act fourteenth
| Victoria | number forty-three, | and the Acts therein adopted. |
254. All fines, penalties, and forfeitures imposed and recovered
as aforesaid shall, except where otherwise directed by this Act, be paid
into the corporate fund of the municipality.
255. No person shall be liable to any incapacity, disability, fine,
penalty, or forfeiture under this Act, unless proceedings in respect
thereof are commenced within six months after such incapacity, disability, forfeiture, or penalty has been incurred.
256. Every advertisement, order, direction, summons, notice,
demand, or other such document requiring authentication by the council shall be sufficiently authenticated if signed by the mayor or by the
council clerk, and need not be under the common seal of the munici
pality. And every such document may be in writing or in print, or
partly in writing and partly in print.257. No advertisement, order, direction, notice, demand, or other such document herein required to be published, made, or given shall be held void for any want of form, provided the same is intelligible.
258. Any summons or notice, or any writ or other process,
document, writing, or other matter issued according to the course of any proceeding at law or in equity, and required to be served upon the council, may be served by the same being sent through the post
office directed to the council at their office, or left at such office, or bybeing given personally to the mayor or council clerk.
259. Every person who wilfully hinders or interrupts, or causes
or procures to be interrupted, the council or their managers, surveyors,
agents, servants, or workmen, or any of them, or the auditors in doing
or performing any of the works, or in the exercise of any of thepowers and authorities exercisable by or vested in them by law, shall
for every such offence forfeit and pay any sum not exceeding ten
pounds.260. I f any mayor, alderman, or auditor of any municipality
neglects or refuses to do any matter or thing, which by law he is
directed to perform, he shall for every such offence be liable to a
penalty not exceeding ten pounds. 261. (I) Whenever, in consequence of death or absence, or other inability, any alderman, council clerk, or other officer, other than an auditor, is prevented from performing any duty, which by this Act he is directed to perform, it shall be lawful for the mayor to appoint any other alderman or person to perform the same. (II) I f for any like reason the mayor is prevented from
performing any such duty the council shall appoint some other
alderman to perform the same.
(III) I f for any like reason any auditor is prevented from
performing or refuses or neglects to perform any such duty the council shall appoint some elector of the municipality, not being an alderman thereof, to perform the same.
All
All the acts and proceedings of any person so appointed as aforesaid shall have the same validity as the acts and proceedings of the mayor, aldermen, auditor, council clerk, or other officer in whose
place such person has been so appointed as aforesaid would have had.
262. Whenever it becomes necessary hereunder that any matters
of account or other matters should be adjusted, or any debt or other
claims apportioned, or any other arrangements effected to the satisfaction
of the Minister, such Minister shall have power to direct such a
reference thereon to an arbitrator or arbitrators, as he may think fit,
and to confirm and act upon or to amend the report of such arbitrators,
or to direct a fresh reference if he does not think such report satis factory, and the cost of such reference shall be borne by whichever
of the parties the arbitrators or arbitrator may direct. And the
decision of the Minister in every such case shall be final.
263. Whenever any matter or thing is, by this Act or by
any by-law made hereunder, directed to be done or to take place on a certain day, and that day happens to be Sunday, Good Friday,
or any public holiday, such matter or thing may be performed on the next day, not being any such Sunday, Good Friday, or public holiday.
And all changes of time rendered necessary by any such alteration may also lawfully be made.
264. Nothing herein shall affect the corporation of the city
of Sydney or the powers vested in the municipal council of the said
| city by the Sydney | Corporation | Act 0f 1879. |
265. (I) The provisions of this Act hereinafter mentioned shall,
in so far as the said provisions might be construed to control and limit the provisions of the Country Towns Water and Sewerage Act
of 1880, be void and of no effect, that is to say :—
(a) So much of the one hundred and forty-third and one hundred and forty-fourth sections as limits the rates leviable in respect of works for water supply or sewerage to the respective amounts therein prescribed ; (b) So much of the one hundred and forty-sixth section as declares
that the special and general rates for any municipality shall not exceed the amount therein specified; and
(c)
So much of this Act as is repugnant to the provisions of the said Country Towns Water and Sewerage Act of 1880, in respect of the construction or maintenance of works for water supply or sewerage, the borrowing of money therefor, and the making of rates in respect thereof.
(II) This Act shall be read subject to the provisions of
| the Metropolitan | Water | and, Sewerage | Act of 1880 and any Act |
| amending the same. |
S C H E D U L E S .
S C H E D U L E S .
F I E S T S C H E D U L E .
Nos. of Acts. Titles of Acts. Extent of Repeal.
31 Vic. No. 12 . . . An Act to establish Municipalities... The whole Act 32 Vic . No. 8
. . .
An Act to amend the Municipalities Act of 18G7 in regard to East St. Leonards.
The whole Act
36 Vic . No. 26 . . . An Act to amend the Municipalities Act of 1SG7... The whole Act
37 Vic. No. 15 ... An Act to amend the Municipalities Act of 1867. . . The whole Act 4S Vic . No. 20 ...
An Act to amend the Municipal Law in relation to the supply of Gas by Municipal Corporations, and for other purposes in connection therewith.
The whole Act
5 0 V i c . No. 7 . . . An Act to amend the Municipal Gas Act of 1884.
section of the Municipalities Act of 18G7 in
certain respects.The whole Act
50 Vic. No. 24 . . . An Act to amend the Municipalities Act of 18G7... The whole Act
51 Vic. No. 20 ... An Act to amend the one hundred and seventeenth The whole Act
52 Vic. No. 9
...
An Act to enable Municipal Corporations to borrow money, by way of mortgage, on land held or purchased for the erection of Town Halls or Municipal Chambers, and also to give, as security for any such Loan, the said land and any buildings already erected or hereafter to be erected upon such land.
The whole Act.
55 Vic. No. 33 . . . An Act to amend the Municipalities Act of 1867.. . The whole Act. 50 Vic. No. 28
. . .
An Act to amend the Municipalities Act of 1867 ; to enable Municipalities to lease and acquire
The whole Act.
lands and to erect Wharfs thereon; and for
other purposes.
5G Vic. No. 32 . . . An Act to enable Municipal Councils to borrow
moneys for the repayment of loans, and to
validate certain loans.The whole Act. 58 Vic. No. 9 . . . An Act to declare valid certain proclamations issued The whole Act. under the Municipalities Act of 1807, and to
make further provision for the constitution of Municipalities under the said A c t ; and for other purposes in connection therewith.
58 Vic. No. 20 ...
An Act to declare and enact that certain contracts and agreements shall be and be deemed to have
The whole Act.
been excepted from the provisions of sections thirty-three and thirty-eight of the Munici
palities Act of 1867 ; and for other purposes.
GO Yic. No. 1G ...
An Act to amend the Municipalities Act of 1867 ; to enable Municipalities to lease and acquire lands, and to erect baths thereon or thereover, and to lease and acquire baths already erected ; to validate the Acts of Municipal Councils which have already erected, leased, or acquired baths beyond the bounds of their Municipalities ; and for other purposes.
The whole Act.
No. 10 (A.D . 1897.)
An Act to enable the Councils of Municipalities constituted by the division of a Municipality to borrow for the repayment of their respective portions of the debts and liabilities of the divided Municipality.
The whole Act.
S E C O N D S C H E D U L E .
I, A.B. , do solemnly declare that all the signatures affixed to the above petition are the genuine signatures of the persons whose signatures they purport to be, and that such persons are persons liable to assessment for municipal taxes in respect of property or household residence within the boundaries of the proposed borough or municipal
| district | as set forth in this petition. |
T H I R D S C H E D U L E .
I, A.B. , having been elected mayor, or alderman, or auditor for the Municipality of , do hereby solemnly declare that I accept and take upon myself the said office, and will duly and faithfully fulfil the duties thereof to the best of my judgment and ability, in accordance with the provisions and directions of the Municipalities Act of , and that I have not fraudulently or collusively obtained the office to which I have been elected.
F O U R T H S C H E D U L E .
| M U N I C I P A L L I S T for the Municipality | of | (if | for | the | ward | of a |
municipality, for the Ward of the Municipality of ) .
| Surname of person | Description and |
Christian name Whe the r occupier,
supposed to bo Residence. situation of property
of same person. lessee, or owner.
| entit led to vote. | giving title to vote. |
(Signed) A.B.,
(Date) Electoral Officer,
F I F T H S C H E D U L E .
To the electoral officer of the Municipality of
list for the Municipality of (or if the municipality be divided into wards,
| say for the | Ward, of the Municipality of | ) in virtue of my |
qualification as under, namely [here state accurately the description and situation of the ratable property in respect of which the right to vote is claimed, and that
| may be]. | the claimant is liable to be rated for the same as occupier, lessee, or owner, as the case | Dated this | day of | 1 8 . |
A.B. (Christian name and surname in full.)
of (state residence.)
S I X T H S C H E D U L E .
| To the electoral officer of the Municipality of | and to A.B. , of |
| I HEREBY give you notice that I object to the name of A.B. , of | , being |
| retained for the municipal list of the Municipality of | (or if the | municipality |
| has ban divided into wards, say (for the | Ward, of the Municipality of |
on the following grounds [here state the grounds of objection].
(Signed) C D .
{Objector must here state his name and description as inserted in the municipal list.) S E V E N T H
S E V E N T H S C H E D U L E .
L I S T of persons having claimed to have their names inserted in the municipal list for the
Municipality of (or if the municipality he divided into wards, say
for the Ward of the Municipality of ) .
Description and
W h e t h e r occupier,
Surname. Christ ian name. Residence. situation of property
lessee, or owner. giving tit le to vote. (Signed) C D . ,
(Date) Electoral Officer.
E I G H T H S C H E D U L E .
L I S T of persons whose names appear on the municipal list for the Municipality of
(or if the municipality be divided into wards, say for the
"Ward of the Municipality of ) against
whom objections have been sent in.
Surname of Description of Christian names Substance and
Christian names
persons objected persons obected to and surname of ground of of same person.
to (in full). on municipal list. objector. objections.
(Signed) C D . ,
Electoral Officer.
N I N T H S C H E D U L E . Voter's declaration. Voter's number— now in force for the Municipality of (or for ward), my name being numbered therein as in the margin hereto, and that I have not already voted at this election (or in this ward) ; and I further solemnly declare that I am a ratepayer in the said municipality (or in said ward), and that no part of any rate due by me is in
arrear. T E N T H S C H E D U L E . M U N I C I P A L List for the Municipality of (if for the ward of a
municipality, for the Ward of the Municipality of ) .
Surname of person Christian Whether Description and Value at Number
supposed to lie name of Residence. occupier, lessee, situation of property which property of
entitled to vote. same person. or owner. giving title to vote. is assessed. votes.
(Signed) A. B.,
Council Clerk.
(Date)
E L E V E N T H
E L E V E N T H S C H E D U L E .
To the council clerk of the Municipality of list for the Municipality of (or if the municipality he divided into wards,
| say for the | Ward, of the Municipality of | ) in virtue of my |
| qualification as under, namely | [lure state accurately the description and |
situation of the ratable property in respect of which the right to vote is claimed, that the claimant is liable to be rated for the same as owner or occupier, as the case may be, the value at which the property is assessed to the last rate, or, if not so assessed, is valued by
| the | claimant]. |
Dated this day of 18 .
A .B . (Christian name and surname in full.)
of (stale residence.)
T W E L F T H S C H E D U L E .
| To the council clerk of the Municipality of | and to A.B. , of |
| I HEREBY give you notice that I object to the name of A.B. , of | , being |
| retained for the municipal list of the Municipality of | (or if the | municipality |
| has been divided into wards, say for the | Ward, of the Municipality of | ) |
| on the following grounds [here state the grounds of | objection]. |
(Signed) C D .
| (Objector must here state his name and description | as inserted in the municipal | list.) |
T H I R T E E N T H S C H E D U L E .
L I S T of persons having claimed to have their names inserted in the municipal list for the
Municipality of (or if the municipally the divided into wards, say
Ward of the Municipality of .)
Christ inn Whether Description and Value at Number
Surname. name. Residence. occupier, lessee, situation of property which properly of
or owner. giving title to vote. is assessed. votes.
(Signed) C D .
(Date) Council Clerk.
F O U R T E E N T H S C H E D U L E .
L I S T of persons whose names appear on the municipal list for the Municipality of
(or if the municipality be divided into wards say for the
Ward of the Municipality of ) against
whom objections have been sent in.
Surname of Description of Christian names Substance and
Christ ian names Number
| persons objected | persons objected to | and surname of | ground of |
of same person. of votes.
to (in full). on municipal list. objector. objections.
(Signed) C D . , Council Clerk.
M F I F T E E N T H
F I F T E E N T H S C H E D U L E .
MUNICIPAL roll for the Municipality of (or if the municipality
be divided into wards, say for the Ward of the Municipality of ) for the year ending
Whether occu Description and
Voter's Voter's Christian Number
No. pier, lessee, or situation of ratable of votes.
surname. name.
owner. property.
(Signed) E. F, Council Clerk.
S I X T E E N T H S C H E D U L E .
Declaration of office for returning officer, presiding officer, scrutineer, poll clerk.
I , A . B , duly appointed returning officer (or presiding officer or scrutineer or poll clerk) at this election do hereby solemnly declare that I will faithfully act and assist in such office, and will not attempt to ascertain for whom any elector shall vote, nor by any word or action directly or indirectly aid in discovering the same, unless in answer to any question which I may bo legally bound to answer or in compliance with provisions of the Municipalities Act of
S E V E N T E E N T H S C H E D U L E . Ballot-paper.
Election of aldermen (or auditors) on the day of 18 List of candidates for election.
Names in full as aldermen
Address.
or auditors
E I G H T E E N T H S C H E D U L E .
The Municipality of }
Form of an assessment of the annual value of all property liable to be rated in the
Municipality of by virtue of the Municipalities Act of 189 and rate
thereon after the rate of in the pound by virtue of the said Act for the year commencing
G The value Value as A m o u n t of
Name of Obser
o Name of Name of Description Annual assessed by determined ra te a t in
No. person in lessee. owner. of property . value. vations.
the council . on appeal. t h e pound. occupat ion.
£ 3. d. X s. d. £ s, d. £ s. d.
1 N I N E T E E N T H
N I N E T E E N T H S C H E D U L E . FORM A.
Form of debenture. Transferable by delivery.
Municipalities Act of
Borough or Municipal District of
| N.B.— The holder of this debenture has no claim with respect thereto upon the | Government |
of New South Wales or the Consolidated or Public Revenue thereof.
| T h i s debenture entitles the bearer to | pounds sterling, which, with |
interest thereon at the rate of pounds per centum per annum is hereby secured upon [here state fully the nature of the security or securities, if a rate describe it
in like manner], such interest being payable half-yearly on the first day of April and
the first day of October in every year (dividend coupons for which are annexed), at
and such principal money being payable on day of
, A.D. one thousand eight hundred and , at
Dated this day of 18 .
A.B. Mayor.
(Signed) C D .
E . F . Aldermen. Council Clerk.
F O E M B .
Form of mortgage deed.
The municipal council of
| Mortgage number— | £ |
| W E , the Municipal Council of | in consideration of |
| the sum of | pounds paid to us by A.B. of |
do assign unto the said A . B , his executors, administrators, and assigns [or the said corporation, their successors or assigns], all the interest of the said municipal council in
all rates and assessments, endowments, and other revenues of the said council coming or
arising from any source whatsoever, and all the estate, right, title, and interest of the council in the same, to hold unto the said A. B , his executors, administrators, and assigns
[or the said corporation, their successors or assigns], until the said sum of
pounds be repaid together with interest for the same at the rate of pounds
for every one hundred pounds per annum [the principal sum to bo repaid at the end of
years from the date hereof in case any period be agreed upon for that purpose.
Given under our common seal this day of in the year of our
Lord one thousand eight hundred and F O R M C Form of bond.
The Municipal Council of
| Bond number— | £ |
| W E , the Municipal Council of | in consideration of |
| the sum of | pounds to us in hand paid by A.B . of |
A . B . [or the corporation of ] do bind ourselves and our successors unto the said A . B , his executors, administrators, and assigns [or the said corporation
| of | .], in the penal sum of | pounds. |
The condition of the above obligation is such that if the said council shall pay to the said A . B , his executors, administrators, or assigns [or the said corporation, their successors or assigns], on the day of , in the vear one thousand
eight
eight hundred and , the principal sum of pounds, together with
interest for the same, at the rate of pounds per centum per annum, payable
half-yearly on the day of , and day of , then the above written obligation is to become void, otherwise to remain in full force.
Given under our common seal this day of , one thousand eight hundred and
FORM D .
Form of transfer of mortgage or bond.
I , A . B , in consideration of the sum of pounds paid to me by G . H , of , do hereby transfer to the said G . I I , his executors, administrators, and assigns, a certain bond [or mortgage] number , made by the Municipal
Council of to , bearing date, the day of for securing the sum of pounds and interest [if such transfer be by indorsement being the within security], and all my estate, right, title, and interest in and to the money thereby secured [and if the transfer be of a mortgage and in and to the rates, assessments, endowments, and other revenues thereby assigned].
In witness whereof, I have hereunto set my hand and seal this day
of , one thousand eight hundred and
T W E N T I E T H S C H E D U L E .
P A R T I .
Regulations in respect of testing apparatus.
(1) The apparatus for testing the illuminating power of the gas shall consist of an approved form of photometer, together with a proper meter, minute clock, governor, pressure gauge, and balance. The burner to be used for testing the gas shall be an Argand burner, having fifteen holes and a seven-inch chimney. The candles used for testing the gas shall be sperm candles of six to the pound, and two candles shall be used together.
(2 ) The apparatus for testing the presence in the gas of sulphuretted hydrogen shall consist of a glass vessel containing a strip of bibulous paper, moistened with a solution of acetate of lead, containing sixty grains of crystallized acetate of lead dissolved in one fluid ounce of water.
P A R T I I . Rules as to mode of testing gas.
(1 ) Mode of testing for illuminating power.—The gas in the photometer is to bo
lighted at least fifteen minutes before the testings begin, and it is to be kept continually burning from the beginning to the end of the tests. Each testing shall include ten
observations of the photometer made at intervals of a minute. The consumption of gas
is to be carefully adjusted to five cubic feet per hour. The candles are to be lighted at
least ten minutes before beginning each testing, so as to arrive at their normal rate of burning, which is shown when the wick is slightly bent and the tip glowing. The standard rate of consumption for the candles shall be one hundred and twenty grains each per hour. Before and after making each set of ten observations of the photometer, the gas examiner shall weigh the candles, and if combustion shall have been more or less per candle than one hundred and twenty grains per hour, he shall make and record the calculations requisite to neutralize the effects of this difference. The average of each setof ten observations is to be taken as representing the illuminating power of that testing.
(2) Mode of testing for sulphuretted hydrogen.—The gas shall be passed through
the glass vessel containing the strip of bibulous paper, moistened with the solution of acetate of lead for a period of three minutes or such longer period as may be prescribed, and if any discoloration of the test paper is found to have taken place, this is held to be conclusive as to the presence of sulphuretted hydrogen in the gas.
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