Act No. 14, 1902.
An Act to amend the law with respect to proclamations incorporating municipalities ; and to amend the Municipalities Act, 1897. [21st January, 1902.]
| Assembly of N e w South Wales in Pa r l i amen t assembled, and by the | BE it enacted by the K i n g ' s Most Exce l len t Majes ty , by and wi th | t he advice a n d consent of the Legislat ive Counci l and | Legis la t ive |
| a u t h o r i t y | of t h e same, as follows :—• |
| 1. This Ac t may be cited as t h e " Municipal i t ies | ( Incorporat ion |
| Val ida t ing) Act , 1 9 0 1 , " and shall be const rued as one wi th | the |
| Municipal i t ies Act , 1897 (hereinafter | referred | to as t he Pr inc ipa l Ac t ) . |
| 2. | Sect ion th i r ty-s ix of t he Pr inc ipa l A c t is hereby | repealed. |
| 3. E v e r y | proclamat ion | by | t h e | Governor | pub l i shed | in | t he |
Gazet te before or after t h e commencemen t of th i s Act , and made or p u r p o r t i n g to be m a d e u n d e r t he Munic ipa l i t ies Ac t of 18G7 or t h e Pr inc ipa l Ac t and cons t i tu t ing a borough or munic ipa l distr ict , whe the r t h e p rocedure adopted and the conditions imposed by such Ac t were followed and complied wi th or not , shall have and be deemed to have had from t h e da te thereof t h e effect of cons t i tu t ing the same accord ingly for t h e purpose and wi th in t he mean ing of the Pr inc ipa l Act , subject , however , to t h e provisions in t h a t A c t contained for t he revocat ion of cer ta in p roc lamat ions ; and the product ion of t he Gazet te
| con ta in ing such proc lamat ion shall in all proceedings on behalf of | t he |
| munic ipa l i ty | be conclusive evidence of t h e legal i ty of | t h e | const i tu t ion |
| thereof. |
4. W h e r e before or after t he commencemen t of th i s Act t h e
| Governor | has, by proclamat ion , | const i tu ted | a bo rough | or mun ic ipa l |
| district , and unde r section | fifteen | of t h e Municipal i t ies Ac t of 18(57, |
| or | section | thir ty-f ive of t h e Pr inc ipa l | Ac t , has revoked and cancel led |
such proclamat ion, and publ i shed in subs t i tu t ion thereof a new procla mat ion in accordance wi th the provisions of t he said Act , such new proclamat ion ehall re la te back and be deemed to have had effect on and from the day of t h e publ icat ion of t h e first-mentioned proclama
| t ion ; and a n y t h i n g previously done or suffered in accordance wi th | such |
| first-mentioned | proc lamat ion shal l be deemed to have been done or |
| suffered under the au thor i ty of t he new | proc lamat ion . |
| 5. (1) W h e r e before or after t he said commencemen t | a n y |
munic ipa l i ty has been divided unde r section twenty-five of t h e
P r inc ipa l Act , and the new munic ipa l i t ies the reby created have been
proclaimed, all acts done, th ings suffered, engagemen t s entered in to ,
p roper ty acquired, liabilities incurred, and proceedings t aken by t h e
munic ipa l i ty so divided or the council of such munic ipa l i ty if such
munic ipa l i ty or council professes to ac t on behalf of such new m u n i
cipalities, or e i ther of t hem, shal l be deemed to have been suffered,
| en te red in to , acquired, incurred , and t a k e n by or on behalf of | such |
new municipal i t ies or munic ipa l i ty . A n d every new munic ipa l i ty so created as aforesaid shall be and be deemed to have been the successor of t he munic ipa l i ty so divided in respect of all proper ty , cont rac t s , r igh t s of act ion a n d liabilit ies of such divided munic ipa l i ty , in so far as t he same exist or existed or have arisen wi th in t h e area of such new munic ipa l i ty or in connect ion the rewi th or are pecul iar the re to . A n d such proper ty , contracts , r igh t s of action, and liabili t ies are he reby vested in such new munic ipa l i ty , and any legal pi'ocecdings b e g u n in t he n a m e of such munic ipa l i ty so divided may be con t inued b y such new r munic ipa l i ty unde r the n a m e of t he munic ipa l i ty so divided as
| fully and effectually as if con t inued by such | munic ipa l i ty . |
(2)
| (2) W h e r e before or after t h e said commencemen t | any |
munic ipa l i ty has been divided as aforesaid, and the new nmnicipal i t ies thereby created have been proclaimed, and in t h e year of such proclama t ion, and before t he date thereof or in any previous year an es t imate , assessment, and ra te has been m a d e by the council of t he divided munic ipa l i ty in respect of p roper ty wi th in t h e boundar ies of such new munic ipa l i ty , t he counci l of such new munic ipa l i ty m a y proceed in respect of t he recovery of t he a m o u n t of any such ra te as if t he es t imate , assessment , and ra te h a d been m a d e by such council , and i t shal l no t in any such case be necessary for such council to m a k e any
| fresh es t imate , assessment, or r a t e in t h e year of t he | proclamat ion. |
| ( 3 ) | The p roc lamat ion | of | t h e | thir ty-f i rs t | day of A u g u s t , | one |
| thousand | n ine | h u n d r e d | in | subs t i tu t ion | of | a | proc lamat ion | of | t h e |
| t w e n t y - n i n t h | day | of J u n e | of | t h a t | year, | and | p u r p o r t i n g | to cons t i tu te | a |
munic ipa l i ty unde r t he n a m e a n d style of t he Munic ipa l Dis t r ic t of Hurs tv i l l e , is he reby declared to be good and valid and to effect such cons t i tu t ion as aforesaid and all o ther purposes for which i t purpor ted to be made .