Municipalities Act of 1867 No 12a (NSW)

No. XII.

An Act to establish Municipalities. [23rd De­

cember, 1867.]

Queen's Most Excellent Majesty by and with the advice and consent of WH E R E A S it is expedient to provide more effectually for the establishment of Municipalities Be i t therefore enacted by the

the Legislative Council and Legislative Assembly of New South Wales in

Parl iament assembled and by the authority of the same as follows :—

Existing Municipalities.

1. From and after the commencement of this Act the Municipalities Act of 1858 shall be and the same is hereby repealed save for the purposes hereinafter mentioned Provided always t ha t all proceedings and things lawfully had or done or purporting so to be by the Council of any Exis t ing Municipality under or in pursuance of any of the provisions of the said repealed Act shall subject to the provisions herein­ after contained be and continue of the same force and effect to all intents and purposes as if no such repeal had taken place.

2. The Municipalities herein named are declared to have been legally constituted and incorporated under the provisions of the said hereinbefore repealed Act and for the purposes of this Act they shall remain and be legally constituted and incorporated Municipalities And notwithstanding any provisions of this Act as to area or population to the contrary the said Municipalities shall be and be designated Boroughs viz .—

1. Albury	19. Mudgee
2 . Armidale	20. Newcastle

3 . Balmain 2 1 . Newtown

4 . Bathurs t	22. North Willoughby
5. Camperdown	23 . Orange
6. Central I l lawarra	24. Paddington

7. Cook 2 5 . Parramat ta

8. Cudgegong	26. Randwick
9. Darlington	27 . Redfern
10. Eas t Maitland	28 . Shellharbor
1 1 . Eas t St. Leonards	29 . St. Leonards
12. Glebe	30. Singleton

3. The Municipalities of Albury Camperdown Cudgegong Goul­ burn Kiama and Orange which were interrupted in their proceedings and temporarily suspended in consequence of the judgment of the Supreme Court in the case Berry versus Graham or other causes are hereby authorized to claim endowment from the Consolidated Revenue Fund to the

13 . Goulburn 3 1 . Waterloo

14. Grafton 32 . Waverley

15 . Hunte r ' s Hil l 3 3 . West Maitland

16. Kiama	34. Wollongong
17. Marrickville	35 . Woollahra
18. Morpeth

And i t shall and may be lawful for the electors of any of the said Munici­ palities which shall not at the time of the passing of this Act be in actual operation to proceed to the election of Aldermen and Auditors in accordance with the provisions of this Act.

the extent and in the mode provided by the ninety-first section of the Municipalities Act of 1858 hereinbefore repealed for such period as in each case shall when added to the period during which any such Munici­ pality was in active operation make the full period of fifteen years for which endowments were in such section provided.

4. Al l rates which having accrued in any Municipality constituted under the Act hereinbefore repealed shall at the commencement of this Act be due or payable to or leviable by or for the Council of such Municipality shall be and continue to be vested in the body corporate of such Municipality and may be paid to and received levied and recovered by the Council thereof in like manner as the same might have been paid to received levied and recovered by the Council of such Municipality and all penalties and forfeitures imposed under the said Act and now incurred shall and may be enforced as if this Act had not been passed.

5. All r ights liabilities contracts and engagements exist ing and all actions suits and proceedings pending at the commencement of this Act of or by or against any such Municipality as aforesaid shall be and continue to be vested in and attach to and be enforced carried on and prosecuted by or against the body corporate of such Municipality and no such action suit or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained.
6. All lands property and moneys of or vested in the Council of any such Municipality as aforesaid at the commencement of this Act shall under and subject to the provisions herein contained continue to be vested in and belong to the body corporate of such Municipality.

7. The Council of every Municipality which shall at the time of the commencement of this Act consist of a Chairman and any number of Councillors shall upon the passing of this Act consist of a Mayor and a like number of Aldermen according to the provisions hereinafter con­ tained and the titles Mayor and Alderman are hereby substituted for those of Chairman and Councillor respectively And every such Chairman and Councillor shall during the remainder of his term of office be denomi­ nated Mayor and Alderman respectively and shall be in nowise in respect of his corporate functions and obligations affected or prejudiced by such change of title as aforesaid.

Constitution of new Municipalities.

8. The Municipalities constituted under this Act shall be divided into two classes to be designated respectively " Boroughs" and " M u n i ­
cipal	D i s t r i c t s "—

(1.) A Borough may consist of—(1) Any city or town with or without its suburbs or country immediately adjacent thereto (2) Any suburb of the metropolis as at present incorporated (3) Any populous country district But every such Borough shall have a population of not less than one thousand souls and shall not upon its first incorporation 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

(2.) A Municipal District may include any part of the Colony not containing a Borough created under this Act or an Exis t ing Municipality 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.

9. Every Borough and Municipal District shall be described by means of certain boundaries to be set forth in manner hereinafter mentioned.

10. 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 sett ing out the boundaries and s tat ing the number of the inhabitants resident therein and praying tha t the same may be declared a Borough or Municipal District under this Act may cause the substance and prayer of such petition to be published in the Government Gazette and in some newspaper circulating in or near the proposed Municipality And unless a counter-petition signed by a greater number of persons in like manner liable to be assessed be received by the Minister within three months from the date of such publications the Governor may by proclamation published in l ike manner declare such proposed Munici­ pality to be a Borough or Municipal Distr ict as the case may be by a name to be mentioned in such proclamation and define in accordance with the boundaries set forth in the said petition or as nearly in accordance with such as may be considered expedient the limits and boundaries of such Borough or Municipal District which on such publication shall be con­ sti tuted accordingly subject however to the provision hereinafter contained for the revocation of certain proclamations and the production of the Government Gazette containing such proclamation shall in all proceedings on behalf of the Municipality be conclusive evidence of the legality of the constitution of such Municipality.

1 1 . The signatures so appended to any such petition or counter-

petition shall be verified by the solemn declaration appended thereto made before any Just ice of some householder or householders (not being a female or under age) resident within the proposed Municipality in the form and to the effect set forth in Schedule A hereto and signed by him or them and if such householder or householders shall make any such declaration falsely or shall forge any such petition or signature or declaration or utter any such petition signature or declaration being forged knowing the same to be forged he or they shall be guil ty of a misdemeanor.

12 . I f i t shall be credibly represented to the Minister tha t 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 be or tha t any of such signatures are those of persons not being persons liable to assessment for Municipal taxes as hereinbefore provided within the limits of the proposed Municipality to which such petition or counter-petition refers or tha t in any other respect the provisions hereof

wi th regard to such petition or counter-petition have not been complied	with or if i t shall seem expedient to ascertain the t ru th of any matter to
which such petition or counter-petition shall refer i t shall be lawful for the Minister to cause such inquiry to be made with respect to the parti­ culars aforesaid as may seem necessary in tha t 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 aforesaid shall have made and submitted his report.
13. For the purpose of every such inquiry it shall be lawful for such person as the Minister shall appoint in that behalf to hear receive and examine evidence and by summons under his hand to require all such persons as he may th ink fit to appear personally before him a t a time and place to be appointed in such summons and to produce before him all such books and papers in their possession or under their control as may appear necessary for their examination and other the general purposes of the inquiry.
14. The results of such inquiry shall within one month after such appointment as aforesaid be embodied in a report to the Minister and sub­ mitted to him by the person so appointed And after consideration of

such

such report the Governor may take such further proceedings in connection therewith under the provisions herein contained as may be deemed necessary.

15. Whenever i t shall be proved to the satisfaction of the Minister tha t any proclamation made and published in pursuance of the provisions 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 i t shall be lawful for the Governor to revoke and cancel such pro­ clamation and within a reasonable time to publish in substitution thereof a new proclamation in accordance with the provisions herein contained.

16. I f any petition for the incorporation of a Municipality as aforesaid shall contain a request tha t the same be divided into wards or if in the case of a Municipality already constituted a petition containing a l ike request shall at any time after the passing of this Act be 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 be published as aforesaid declare such Municipality to be and the same shall accordingly be divided if the population thereof shall not be less than five hundred but not exceed one thousand into two wards if i t shall exceed one thousand and not exceed four thousand into three wards and if i t shall exceed four thousand into four wards.

17. The Governor on receipt of a petition signed by not fewer than twenty persons either resident householders or owners of rateable property within the boundaries of any area adjacent to a Municipality or signed by a majority of such persons in case the said area shall not contain a greater number in the aggregate than thir ty sufficiently setting out the boundaries of the said area and praying tha t the same may be annexed to the adjoining Municipali ty 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 be 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.

18. On receipt of a petition signed by at least two-thirds of the electors resident or owning rateable property in any defined area of any Municipality praying that such area may be separated from such Munici­ pality and be constituted a separate Municipality the Governor after publi­

cation of such petition as aforesaid may by like proclamation declare such	Municipality to be so divided and by the same or any other proclama­
tion 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 Act Provided tha t the division of any Municipality so made shall be consistent with the provisions of the eighth section of this Act Provided also tha t before any such separation as aforesaid the debts and other liabilities then attaching to the entire Municipality shall be by or to the satisfaction of the Minister proportionally adjusted as between such proposed divisions And provided further tha t there shall be in every such case a l ike 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 shall be 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 shall so be found due from the Municipality by whom it shall so be found
payable. 19.

19. 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 assess­ ment shall have been made as hereinafter provided or from and signed by at least two-thirds of the ratepayers of each such Municipality praying tha t the said Municipalities may be united and form one Municipality the Governor may after a l ike publication of 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 said same or some subsequent proclamation to be mentioned and described And any exist ing division of the said Municipalities or any of them into wards shall thereupon be abolished But if a division into wards shall have been requested in the said petition for union the Governor may by the said pro­ clamation 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 tha t is to say—If the respective Councils of the said Municipalities shall taken together before union be 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 thir ty five wards and if of thir ty or more six wards and thereupon such Municipalities shall become and be one Municipality within the meaning and for all the purposes of this Ac t Provided however tha t those members of the Municipal Council whose term of office shall not at the time of such union have expired shall remain in office as Aldermen until the ordinary time of retirement as hereinafter provided And provided also tha t no such union shall take place within thirty days of the day hereinafter appointed for holding any election of Aldermen.

20. In all cases of annexation to an adjoining Municipality union of one or more Municipalities or division of any Municipality the signa­ tures to all petitions and counter-petitions shall be verified in conformity with the eleventh section of this Act .

2 1 . I t shall be lawful for the Governor to refuse compliance wi th

any petition for the incorporation of any new Municipality or for the union of one or more Municipalities or for the annexation to or division of any Municipality if after due inquiry there shall appear to be sufficient ground for such refusal although no counter-petition against such incorporation union annexation or division shall have been received by the Minister.

22. 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 All rates due all r ights liabilities contracts and engagements exist ing and all actions suits and prosecutions pending 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 of the said Municipalities before union.

23 . Whenever in consequence of the division of a Municipality or of the union of two or more adjoining Municipalities the number of Aldermen or of wards or of both in any such Municipality shall require re-adjust­ ment or whenever the population of any Municipality shall have increased so as to require in accordance with the provisions hereinafter contained a proportionate increase in the number of Aldermen and of wards if the same has been divided into wards the Governor on the receipt of a petition

from

from the Council of such Municipality praying for such increase or re­ adjustment 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 re-adjust such wards according to the scale hereinbefore prescribed.

24. 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 re-adjusted or otherwise dealt with shall in anywise suspend or impair the operation of this Act with respect to the matter so mis- described or omitted.
25 . The electors for the time being of every Municipality pro­ claimed as hereinbefore directed shall immediately upon the publication of such proclamation as aforesaid become and all succeeding electors thereof entitled to vote as such under this Act shall be a body corporate under such name as the Governor shall in such proclamation direct and shall by such name have perpetual succession and a common 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.

26 . The Council of every Municipality shall subject to the provisoes hereinafter contained consist where the Municipality contains a popula­ tion amounting to five hundred but not exceeding one thousand of six Aldermen—where the Municipality contains a population exceeding one thousand but less than four thousand of nine Aldermen—and where the Municipality contains a population of four thousand or upwards of twelve Aldermen And whenever upon the union of any two or more adjoining Municipalities the Councils of the Municipalities so united consist of twelve but less than fifteen Aldermen the Council of the United Munici­ pality shall consist of nine Aldermen—when the Councils so united consist of fifteen but less than twenty-four Aldermen then the Council of such United Municipality shall consist of twelve Aldermen—when the Councils so united consist of twenty-four but less than thir ty Aldermen then the Council of the United Municipality shall consist of fifteen Aldermen— and when the Councils so united consist of thir ty 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 manner hereinafter directed Provided that all Aldermen of such adjoining Municipalities so united as aforesaid in office at the

pality until the time of their retirement as hereinafter directed notwith­	time of such union shall be and remain Aldermen of such United Munici­
standing tha t the number of Aldermen of such United Municipality shall thereby for the time being be in excess of the number herein prescribed.
27. 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 corporate of such Municipality and all the acts and proceedings of such Council shall be deemed to be the acts and proceedings of such body corporate.
28. In all Municipalities which at the time of their incorporation shall be divided into wards in manner hereinbefore mentioned there shall be three Aldermen to each ward elected as hereinafter directed by the electors of each such ward And where there shall have been such division into wards after such incorporation and after Aldermen shall 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 retir ing Aldermen for the several wards thereof.

G 29.

29. Al l Aldermen and Auditors in office at the t ime of each successive annual election herein provided for shall remain in office until their successors shall be elected.

30. There shall be two Auditors in and for every Municipality.

3 1 . I f any Mayor Alderman or Auditor shall die or shall resign

his office in manner hereinafter prescribed or shall neglect or refuse to accept such office in the manner and within the time hereinafter prescribed or shall by any rule or order of the Supreme Court to be made as hereinafter provided be declared ousted of such office or shall otherwise become dis­ qualified as herein described then the office of the same shall be and become vacant and every such vacancy shall be deemed to be an extra­ ordinary vacancy within the meaning of this Act.

32. Every male elector of any Municipality or if the same be divided into wards of any ward thereof who is a natural born or naturalized 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.

33 . Every person being or serving as a Judge of the Supreme Court or any District Court or 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 being of unsound mind or an uncertificated insolvent or under composition with his creditors by any deed of assignment duly executed by him in pursuance of the provisions of any Act relating to Insolvency in force for the time being shall be dis­ qualified from taking or holding office as Mayor Alderman or Auditor of any Municipality And every person holding any office or place of profit under or in the gift or disposal of the Council of any Municipality or 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 be dis­ qualified from taking or holding any of the said offices within and for such Municipality Provided tha t such disqualification shall not be extended to any elector by reason of his being a proprietor or share­ holder not being a director of any jo int stock company contracting with the Council for any one of the aforesaid offices whereof or in connection wherewith he is a candidate.

34. No Mayor Alderman or Auditor shall act as such unti l he shall before a Commissioner of the Supreme Court or a Just ice have made and subscribed a declaration in the form of Schedule B hereto and shall have delivered or transmitted the same to the Returning Officer who

shall deliver or t ransmit all such declarations to the Council Clerk.

35 . 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 t ransmit t ing the declaration aforesaid within fourteen days after notice in writ ing of his election shall have 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 expiration of such fourteen days without such delivery of such declaration And i t shall be the duty of the Returning Officer for the time being to give or cause to be given the notice in writ ing herein required within two days after each such person shall have been declared duly elected Provided that if the said Returning Officer shall have been the Mayor or some other person acting for such Mayor as herein prescribed and if a new Mayor shall have been elected before the delivery or transmission of such declaration as aforesaid i t shall be sufficient if the same be delivered or transmitted within the t ime herein prescribed to such new Mayor.

36. Provided that no minister of religion and no person disabled
by deafness blindness or other permanent infirmity of body nor any person
above .

above the age of sixty years or who shall have already served the like office within three years next before the day on which he shall be elected or shall have 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 situate within the Municipality for which he shall have been elected shall be liable to any fine or penalty for neglecting or refusing to serve as Councillor or Mayor.

37. Any person holding the office of Mayor Alderman or Auditor having his estate placed under sequestration as insolvent 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 fine as if he had refused to accept such office unless he shall have ceased to dwell permanently within the Municipality or unless i t be certified by two duly qualified medical practitioners that his absence has been occasioned by illness or be proved to the satisfaction of the Council that such absence has been occasioned by some extreme emergency Provided however tha t every person becoming disqualified as aforesaid by reason of the sequestration of his estate or the execution of 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.

38 . Every person being a Mayor Alderman or Auditor under this Act who shall continue to be or shall become directly or indirectly by means of partnership with any other person or otherwise howsoever wilfully or knowingly engaged or interested in any contract or agreement or employment with by or on behalf of the Council except as proprietor or shareholder not being a director of any Jo in t Stock Company contract­ ing as aforesaid shall be liable to a penalty not exceeding 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.

39. 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 be 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

pounds unless he shall be entitled to claim exemption from such fine	every person so resigning shall be liable to a penalty of twenty-five
under any provision herein contained or unless he shall since his election have become a minister of religion or disabled by deafness blindness or other permanent infirmity of body or mind.
40. I n each Municipality if the Council shall consist 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 Alder­ men five 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 s ix who had the smallest number of votes at the first election unt i l all then elected shall 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 Aldermen longest in the Council shall first retire and every retiring Alder­ man shall if still qualified be capable of being re-elected Provided that in every Municipality which shall have been divided into wards one of the Aldermen for each ward shall retire on the day aforesaid in each and every year such ret ir ing Aldermen being those who had the smallest

number

number of votes at the first election in their respective wards or who have been longest in the Council and in any case of doubt as aforesaid i t shall be decided by lot which of such Aldermen shall retire.

4 1 . If in any Municipality formed by the union of two or more

adjoining Municipalities in accordance with the provisions of this Act there shall upon the first Tuesday in February next after such union be for such first-mentioned Municipality or for any ward thereof a number of Alder­ men greater than that assigned by this Act as the ordinary number of Aldermen for such Municipality or ward then in addition to the Aldermen for such Municipality or ward who shall go out of office on that day under the provisions hereof a number of Aldermen for such Municipality or ward equal to the excess above such number so assigned shall go out of office at the same time and in the like order and manner.

42. 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 Clerk 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 as soon as possible after the first election at such place as the Returning Officer shall have 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 may deem expedient some one member of the Council to be Mayor who shall go out of office at the nex t 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.

4 3 . The Council of every Municipality formed by the union of two or more adjoining Municipalities or a majority of such Council shall assemble at a time and place to be named by the Governor in the procla­ mation of such United Municipality or in some subsequent proclamation published as hereinbefore directed and shall then determine by such mode of voting as they may deem expedient which of the persons who shall at the time of such union be holding the office of Mayor of one or other of the Municipalities so united shall be Mayor of the United Municipality and he shall be such Mayor accordingly And if from any cause there shall be at the time but one such Mayor then he shall on such union be Mayor of the Municipality formed by such union and every person having been so chosen or having been Mayor of the said United Munici­	pality shall be deemed for all purposes to have been elected as herein
provided in ordinary cases.
44. 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 year of office.
45 . The Auditors shall retire on the first Tuesday in February in each and every year but each retiring Auditor shall if still qualified be capable of being re-elected.
46. Upon the union of two or more adjoining Municipalities the Auditors who shall be in office in each of the several Municipalities shall remain in office as Auditors of the Municipality formed by such union unt i l the first Tuesday in February after such union.
47 . If any Mayor Alderman or Auditor of any Municipality shall neglect or refuse 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. 48.

48 . 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 shall cease to be qualified according to this Act shall for every such offence forfeit the sum of fifty pounds to be recovered together with full costs of suit by any elector of such Municipality who shall sue for the same within three months after the commission of the offence.

49 . All proceedings of the Council or of any person acting as Mayor Alderman or Auditor shall notwithstanding i t be afterwards dis­ covered that there was some defect in the election or any disqualification of such person be as valid as if every such person had been duly elected and qualified to be Mayor Alderman or Auditor respectively.

50. The Council may determine whether any and what remuneration

shall be allowed any person executing the office of Mayor or Auditor.

5 1 . All persons having a freehold leasehold or household qualifica­

tion s i tuated within the proclaimed boundaries of any existing Munici­ pality or any Municipality to be constituted under the provisions of this Act and named on any electoral roll for the time being of any electoral district within the boundaries of which such Municipality shall be wholly or partly included shall at and for the first elections of Aldermen and Auditors therefor after the passing of this Act and at and for any other such election before and until the proper enrolment of the municipal elec­ tors as hereinafter directed be electors of such Municipality And at and for all elections subsequent to the completion of the municipal roll all persons duly qualified as hereinafter provided shall be electors.

52. Every person of the full age of twenty-one years who on the seventh day of January in any year shall be the occupier lessee or owner of any rateable 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 shall be in force in the manner following:—

(1.) If the occupier lessee or owner of property assessed at an annual value not exceeding twenty-five pounds he shall be entitled to one vote

(2.) If the occupier lessee or owner of property assessed at an

annual value over twenty-five and not exceeding seventy-five

pounds he shall be entitled to two votes

(3.) If 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 be entitled to three votes

(4.) If the occupier lessee or owner of property assessed at an annual value over one hundred and fifty pounds he shall be entitled to four votes

Provided that only the person who pays the rates for such rateable property shall be entitled to vote in respect thereof and no person who shall at the time of claiming to vote be in arrear on account of any such rates shall be entitled to vote in respect of the property rated at any election in such Municipality And provided also that no person shall be allowed to vote without first making and subscribing a Declaration in the form contained in Schedule C hereto And provided further that where any rateable property is jointly occupied jointly leased or jointly owned by more persons than one only one of such joint occupiers jo int lessees or joint owners shall be an elector as aforesaid unless the assessed annual value of such rateable property so jointly occupied leased or owned as

aforesaid

aforesaid shall exceed twenty-five 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 rateable property shall exceed 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 exceed one hundred and fifty pounds then a fourth jo int occupier joint lessee or owner if there be one shall be admissible as an elector And the person or persons so admissible as aforesaid in cases of joint occupancy joint lesseeship or jo int 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 to the same rate­ able property incapable of giving a cumulative vote in tha t election.

53. Where any Municipality shall be 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 shall be so entitled in l ike manner for the ward or wards wherein the rateable property in respect of which he is so entitled is situated and upon being so enrolled 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 provision shall as to each such ward be construed as applying thereto and not to the whole Municipality.

Municipal List and Boll.

54. 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 Schedule D hereto annexed from the rate-books of such Municipality and from all other books and documents connected therewith an alphabetical l ist to be called the ' 'munic ipa l l i s t " of the names of all persons who shall 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 shall 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 rateable property shall be 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 con­ tained as to objections.

55 . The Council Clerk shall forthwith after making out the said

alphabetical list notify by public advertisement in some newspaper circu­ lating within or near the Municipality the fact tha t 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 be inspected by any such person and permit such inspection without fee at all reasonable hours between the said seventh and fourteenth days of January .

56. A n y person whose name shall have been omitted from any such municipal list who shall claim to have his name inserted therein shall on or before the fourteenth day of January give to the Council Clerk notice thereof in writ ing according to the form in Schedule E hereto annexed or to the like effect and every person whose name shall have 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 shall appear to be entered in the said list notice in writ ing of such objection according to the form in Schedule F hereto stat ing the ground of such objection and attaching his signature

thereto

thereto and the Council Clerk shall include the names of all persons so claiming as aforesaid in a list according to the form in Schedule G hereto and shall include the names of all persons so objected to as aforesaid in a list according to the form in Schedule H 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.

57 . The Council of every Municipality shall hold an open Court at the Council Chamber for the purpose of revising the municipal lists hereof and such revision shall take place at such time as 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 or near such Munici­ pality and every such Court may be adjourned by the Mayor or in his absence by the Council by reason of sufficient cause Provided that no such Court shall be adjourned beyond the twenty-eighth day of January in any year.
58. The Council Clerk shall himself or by some person on his behalf if he be 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 any of the persons who shall have sent in claims and of the persons who shall 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 offices and shall answer on oath all such questions as the Court may put to them touching any matters necessary to be ascertained for the said revision of the municipal list.
59. The Revision Court shall have authori ty to hear receive and examine evidence and by summons under the hand of the Mayor to require all such persons as the Court may th ink 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 may 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

t en pounds recoverable before any two Justices.
60. The Revision Court shall insert in the lists under revision the name of every person who shall have claimed as aforesaid and be 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 shall have been duly made as hereinbefore directed and shall also retain on the said l ists the name of every person who shall have been objected to by any person unless the party so objecting shall appear by himself or by some one on his behalf in support of such objection and prove the service of the several notices hereinbefore required and when the name of any person inserted in any l ist shall have been duly objected to as hereinbefore directed and the person objecting shall appear 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 shall be embraced in the grounds of objection so stated as aforesaid and no more and in case such qualification as aforesaid be not proved to the satisfaction of the Court the said Court shall expunge the name of every such person from the said list

And

And the Court shall also expunge the name of every such person who shall he proved to the Court to be dead and shall correct any mistake or supply any omission which shall be proved to have been made in any of the said l ists in respect of the name or place of abode of any person which shall be included therein or in respect of the situation and description of any rateable 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 shall have been given as is herein­ before described in each of the said cases.

6 1 . 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 shall have been corrected or omission supplied and shall sign his name to every page of the list so settled and shall then cause to be writ ten at the foot or end of the l ist a certificate that the same has been revised and is correct and the Mayor shall there and then sign such certificate.

62. Where any Municipality shall be divided into wards the preceding sections hereof relating to the compilation and completion of the municipal list and roll shall be read with reference to such Munici­ pality 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 shall under the pro­ visions hereinbefore contained appear to be entitled for the t ime being to be enrolled on the municipal roll for such ward and omit or expunge therefrom the names of all persons who shall as hereinbefore provided not 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 unt i l another municipal roll shall have duly come into force hereunder.

63. The list so signed and certified shall be forthwith delivered to t he 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 name according to i ts order in such roll or book according to the form in Schedule I hereto and each such roll or book shall be the electoral roll of the Muni­ cipality or ward as the case may be for all the purposes of this Act and	shall continue in force until a new roll shall have 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.
64. Whenever any Municipality in which such* roll of electors shall have been revised and made up as aforesaid shall be so divided as to constitute two Municipalities or shall be divided into wards or whenever there shall be any re-adjustment of wards in any such Municipality or whenever two or more such Municipalities being adjoining Municipalities shall be united in manner aforesaid the then exist ing 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 re-adjusted wards or into a roll or rolls for such united Municipality as the case may require Provided that in every such re-arrangement of the roll or rolls of municipal electors there shall be no other change than such changes in numbering or such transpositions of the names of electors from one Munici­ pality to another or from one ward to another as the circumstances of the case may require and every roll which shall have been so re-arranged

as

as aforesaid shall by the Mayor of the Municipality to which i t shall appertain be examined and compared with the original roll or rolls so revised and made up as aforesaid and the Mayor shall at the foot or end of such re-arranged roll of electors cause a certificate to be writ ten to the effect that he has examined the same and that it is correct and shall date and sign such certificate and such roll so re-arranged and certified as aforesaid shall be the roll of electors for the Municipality or ward as the case may be and shall continue in force until a new roll shall have been made for such Municipality or ward under the provisions of this Act and any copy purporting to be a copy of such roll so re-arranged and certified as aforesaid and signed by the Mayor shall be evidence of such roll and of the contents thereof.

Proceedings at Elections.

65. 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 i ts incor­ poration and all succeeding annual elections in such Municipality and in all Municipalities where an election has already been held and hereinafter termed " Exis t ing Municipalities " shall take place on the first Tuesday in February in each year And 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.

66. The election of candidates to the office of Alderman under this Act shall be conducted in manner following 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 and the Returning Officer for the time being shall give not less than fourteen days notice of the day of nomination by advertisement in some newspaper

circulating in or near such Municipality and 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 pro­ posed 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 than the 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 Provided that it shall be in the power of any individual so nominated as a candidate by a notice in writ ing signed by him and addressed to the Returning Officer and delivered to such Returning Officer at any time before the day of nomi­ nation to withdraw from such candidature.
67. The election of Auditors shall be conducted in l ike manner as the election of Aldermen except as hereinafter provided And the first election of such Auditors in any Borough or Municipal District shall take place on the day fixed for the first election of Aldermen in the said Municipality and all subsequent annual elections of Auditors in such

H Municipality

Municipality and in all Ex is t ing Municipalities shall take place on the day fixed for the annual election of Aldermen The Returning Officer at any first election of Auditors in any such Municipality shall be the officer so nominated as aforesaid to conduct the first election of Aldermen in such Municipality and at every succeeding election the Mayor or in his absence any Alderman of the Municipality appointed for tha t purpose by the Council Provided that all elections of Auditors for any Municipality whether the same be divided into wards or not shall be conducted as for and in respect of the whole Municipality and not for and in respect of any ward or wards thereof.

68 . I n any Exis t ing Municipality in which an assessment has been made but in which there shall at the time of the commencement of this Act be no Mayor or Chairman the Governor shall appoint some person to act as Mayor who shall for all purposes connected with the preparation and revision of the municipal lists and rolls as hereinbefore provided and for the conduct as herein also provided of the first annual elections of Alder­ men and Auditors and of the election of Mayor have the same powers as if he had been duly elected Mayor of the said Municipality in accordance with the provisions of this Act .

69. I n any Exis t ing Municipality in which no assessment has been made and in which there shall at the time of this Act coming into operation be no Mayor or Chairman or Council the Governor may appoint a Returning Officer who shall have the same powers for the conduct of the first elections under this Act as in the case of a Borough or Municipal District And in any such case the first elections in such Exist ing Municipality shall be conducted in the same manner as other first elections in other Exis t ing Municipalities except tha t the electors shall be the persons qualified as hereinbefore provided to vote at first elections in new Municipalities But in any such case the Governor if i t shall not appear expedient and equitable to continue such Exis t ing Municipality may revoke all proclamations relating thereto and abolish such Munici­ pality accordingly.

70. 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 three o'clock in the afternoon of the same day.

7 1 . A t every election the Returning Officer shall appoint such other

Presiding Officers and such Polling Clerks as may be required for taking the poll and may make and enforce all necessary regulations not incon­	sistent with this Act and 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.
72 . I n case the Returning Officer or any other Presiding Officer shall be prevented from attending to any of his duties by illness or other sufficient cause he may or in case of his refusal or inability the Council Clerk shall by writ ing under his hand appoint a substitute to act for such Return ing or other Presiding Officer and such substitute shall thereupon for the time being have all the power and authority of the officer for whom he has been so substituted.
73 . Every candidate for election or in his absence any two of the electors by whom he has been nominated may appoint one person at each polling-place to be Scrutineer at the election.
74. Every Returning Officer Presiding Officer Poll Clerk and Scrutineer shall before acting make and subscribe before a Just ice or a Commissioner of the Supreme Court or in the case of any Scrutineer before the Returning Officer of the election then pending a declaration in the
form of Schedule J hereto. 75 .

75. Every Returning Officer and Presiding Officer shall have power and authority to maintain and enforce order and keep the peace at any election or polling held by him and for that purpose and without any other warrant than this Act to cause to be arrested and taken before a Justice any person reasonably suspected of knowingly and wilfully making a false answer to any of the questions hereinafter mentioned or of person­ ating or attempting to personate any voter or of at tempting unlawfully to vote more than once at the same election or wilfully entering or remaining in a polling-room or compartment or who shall cause a disturbance a t any election Also to cause any person to be removed who shall obstruct the approaches to any polling-room or shall conduct himself in a disorderly manner And all Constables and Peace Officers shall aid and assist such Returning Officer and Presiding Officer in the performance of their duties.

76. A t every polling-place there shall be provided and set apart a separate ballot-room or compartment into or in which no person may enter or remain except electors while preparing their ballot-papers as herein­ after provided but no longer and the Polling Clerk shall cause pencils or pens ink and blotting-paper to be placed in the said room or compartment Every person otherwise than as aforesaid wilfully entering or remaining in the said room or compartment shall be guilty of a misdemeanor.

to Vote. Assessed. Votes.

o Vote. Owner.

( S i g n e d )	A .	B .
Counc i l Clerk.

( D a t e )

S C H E D U L E E .

To the Counc i l Clerk of the M u n i c i p a l i t y of

I hereby g i v e y o u not ice that I c la im to have m y n a m e inserted in the M u n i c i p a l

L i s t for t h e M u n i c i p a l i t y of (or if the Municipality be divided

into Wards say for t h e W a r d of the M u n i c i p a l i t y of )

in v ir tue of m y qual i f icat ion as under n a m e l y (Here state accurately

the description and situation of the rateable property in respect of which the right to vote as

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 as

valued by the claimant.)

Dated t h i s day of 18

A . B . (Christian Name and Surname in full.)

of (State residence.)

S C H E D U L E F .

To the Counci l Clerk of the M u n i c i p a l i t y of and to A . B . of

I hereby g ive y o u not ice that I object to the n a m e of A . B . of

b e i n g re ta ined for the Munic ipa l L i s t of the M u n i c i p a l i t y of

(or if the Municipality has been divided into Wards say) for the W a r d

of the M u n i c i p a l i t y of on the f o l l o w i n g g r o u n d s (here state the

grounds of objection.)

( S i g n e d ) C .D.

( Objector must here slate his name and description as inserted in the Municipal List.)

S C H E D U L E G.

S C H E D U L E G.

L I S T of Persons h a v i n g c la imed to have the ir n a m e s inser ted in t h e M u n i c i p a l L i s t for t h e

M u n i c i p a l i t y of (or if the Municipality be divided into Wards say)

W a r d for t h e M u n i c i p a l i t y of

Whether

Occupier Description and Situation Value at which Number

Surname. Christian Name. Residence. Lessee or of Property giving title Property is of

Owner. to Vote. assessed. Votes.

( S i g n e d )	C.	D .
Counc i l Clerk.

( D a t e )

S C H E D U L E H .

L I S T of P e r s o n s whose n a m e s appear on the M u n i c i p a l L i s t for t h e M u n i c i p a l i t y o f

(or if the Municipality be divided into Wards say)

for	t h e	W a r d	of	the	M u n i c i p a l i t y	of
a g a i n s t	w h o m	object ions	have	been	sent	i n .

Christian Names Description of Person Substance Number

Surnames of Persons Christian Names and

of objected to on and ground of of

objected to (in full). Surname of Objector.

same Person. Municipal List. objections. Votes.

( S i g n e d )	C.	D .
Counc i l Clerk.

S C H E D U L E I .

MUNICIPAL R o l l for t h e M u n i c i p a l i t y of (or if the Municipality

be divided into Wards) for t h e W a r d of t h e M u n i c i p a l i t y of

for t h e y e a r e n d i n g

Whether	Number
Occupier	Description and Situation

No. Voters Surname. Voters Christian Name. of

Lessee or	of Rateable Property.
Owner.	Votes.

( S i g n e d )	E .	F .
Counc i l Clerk.
S C H E D U L E J .

S C H E D U L E J .

Declaration of Office for Returning Officer Presiding Officer Scrutineer Poll Clerk.

I A B . d u l y appointed R e t u r n i n g Officer (or P r e s i d i n g Officer or Scru t ineer or P o l l

C l e r k ) at t h i s e l ec t ion do h e r e b y s o l e m n l y declare t h a t I w i l l fa i th fu l ly act and assist i n

such office and wi l l no t a t t e m p t to ascertain for w h o m a n y e lec tor shal l v o t e nor b y any

word or ac t ion direct ly or ind i rec t l y a id in d i scover ing t h e same un les s i n answer to a n y

q u e s t i o n w h i c h I m a y be l ega l ly bound to answer or i n compl iance	w i t h	t h e	provis ions	of
t h e	M u n i c i p a l i t i e s	A c t	of	1 8 6 7 .

S C H E D U L E K .

Ballot-paper.

E l e c t i o n of A l d e r m e n (or A u d i t o r s ) on t h e day of 18

L i s t of Candidates for E l e c t i o n .

N a m e s i n ful l as A l d e r m e n Addresses .

or A u d i t o r s .

S C H E D U L E L .

THE MUNICIPALITY

o r

FORM of an A s s e s s m e n t of t h e A n n u a l V a l u e of a l l Proper ty l iable to be rated in the

M u n i c i p a l i t y of by v i r t u e of the " Munic ipa l i t i e s A c t of 186 "

and B a t e thereon after the rate of i n t h e P o u n d b y v i r t u e of the

said A c t for t h e year c o m m e n c i n g

Name of The Value Value as Amount

Name of Name of Description Annual assessed deter­ of Rate

No. Situation. Person in Observations

Occupation. Lessee. Owner. of Property. value. by the mined on at in

Council. Appeal. the Pound.

£ s. d. £ s. d. £ s. d. £ s. d. 1

S C H E D U L E M .

Form of Mortgage Deed,

T h e M u n i c i p a l Counc i l of

M o r t g a g e n u m b e r £

We t h e Munic ipa l Counc i l of in cons iderat ion of the

s u m of p o u n d s pa id to u s b y A . B . of

do ass ign u n t o t h e said A . B . h i s execu tors admini s tra tors and ass igns [or t h e said corporat ion

the ir successors or a s s i g n s ] al l t h e i n t e r e s t of t h e said M u n i c i p a l Counci l in al l rates a n d

asses sments e n d o w m e n t s and other revenues of t h e said Counci l c o m i n g or a r i s i n g from a n y source whatsoever and al l the es tate r i g h t t i t l e and in teres t of the Counc i l in the same to ho ld u n t o t h e said A . B . h i s executors admini s tra tors and ass igns [or the said corporation

t h e i r successors or a s s i g n s ] u n t i l the sa id sum of pounds be repaid t o g e t h e r

w i t h in teres t for the same at t h e rate of	pounds for e v e r y one h u n d r e d	pounds
per a n n u m [ t h e pr inc ipa l s u m to be repaid at the e n d of	years from t h e	date

hereof in case any period be agreed upon for that purpose.]

G i v e n u n d e r our c o m m o n seal t h i s day of

i n t h e year of our Lord 1 8 .

S C H E D U L E N .

S C H E D U L E N .

FORM OF DEBENTURE.

Transferable	b y	D e l i v e r y .
M u n i c i p a l i t i e s	A c t	o f 1 8 6 7 .

B o r o u g h or M u n i c i p a l D i s t r i c t o f

N . B . — T h e holder of this debenture has no claim with respect thereto upon the Government

of New South Wales or the Consolidated or Public Revenue thereof.

THIS D e b e n t u r e e n t i t l e s t h e bearer t o p o u n d s s t e r l i n g w h i c h

w i t h i n t e r e s t t h e r e o n a t t h e r a t e o f p o u n d s p e r c e n t u m p e r a n n u m is h e r e b y

s e c u r e d u p o n [here state fully the nature of the security or securities if a rate, describe it in

like manner] s u c h i n t e r e s t b e i n g p a y a b l e ha l f -year ly on t h e first d a y of A p r i l and t h e first

day o f O c t o b e r in e v e r y y e a r ( d i v i d e n d c o u p o n s for w h i c h are a n n e x e d ) a t

a n d s u c h pr inc ipa l m o n e y b e i n g payab le on t h e day o f

A.D. 1 8 a t

D a t e d t h i s day o f 1 8

A . B . M a y o r .

( S i g n e d ) C D .

A l d e r m e n .

E . F .

C o u n c i l Clerk.

S C H E D U L E O .

Form of Bond.

T h e M u n i c i p a l Counc i l of

B o n d n u m b e r £

W e t h e Munic ipa l Counc i l of in cons iderat ion of the s u m

of	pounds to u s in h a n d paid b y A . B . of	A . B
[or	t h e Corporat ion of	] do b ind ourselves and our successors u n t o t h e

said A . B . h i s e x e c u t o r s admin i s tra tors a n d ass igns [or t h e said Corporat ion of

i n t h e pena l s u m of pounds .

T h e c o n d i t i o n of the above ob l iga t ion is s u c h that if the said Counc i l sha l l pay to

the said A . B . h i s e x e c u t o r s adminis trators or a s s i g n s [or the said Corporat ion the ir

successors or a s s i g n s ] on t h e day of in the year one

t h o u s a n d e i g h t h u n d r e d and t h e pr inc ipa l s u m of p o u n d s

toge ther w i t h in teres t for the same a t t h e rate of p o u n d s per c e n t u m per

a n n u m payable hal f -year ly on t h e day of and

day of	t h e n	t h e above w r i t t e n	ob l iga t ion	is to become void	o therwi se	to
remain in ful l force.

G i v e n under our c o m m o n seal t h i s day of

one t h o u s a n d e i g h t h u n d r e d and

S C H E D U L E P .

Form of Transfer of Mortgage or Bond.

1 A . B . in cons iderat ion of the s u m of pounds pa id to m e b y

G. H . o f do hereby transfer to the said G. H . h i s execu tors admini s tra tors

and ass igns a certa in bond [or m o r t g a g e ] n u m b e r made b y t h e Munic ipa l

Counc i l of to bear ing date t h e

day of for s e c u r i n g t h e s u m of pounds and in teres t

[if such transfer be by indorsement b e i n g the w i t h i n s e c u r i t y ] and al l m y es tate r i g h t t i t l e

and in teres t i n and to the m o n e y t h e r e b y secured [and if the transfer be of a mortgage and

in and to t h e rates assessments e n d o w m e n t s and o ther revenues t h e r e b y a s s i g n e d . ]

I n w i t n e s s whereof T have h e r e u n t o set m y h a n d a n d seal t h i s

day of one thousand e i g h t h u n d r e d and

No. X I I I .