The Municipalities Act of 1858 No 16a (NSW)

No. XIII.

mpmcipamtieb . An Act for establishing Municipal Institutions.

\21tli October, 1858.]

Preamble. TTTHEUEAS it is expedient to establish Municipal Institutions in'

T V certain Cities Towns and Districts of New South Wales Be

it therefore 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 "Males in Parliament assembled and by the authority of the same as follows :—

1858.	22° VIC.	N o. 13.	3173
Mnnicipalities.

1. Any City Town or Hamlet now or hereafter established or cities Towns or nia-

any llural District may as hereinafter provided he constituted a

Munici])ality.

2. The Governor with tlie advice of the Executive Council may rrociarnation of iSIunicipalities on

on the receipt of a petition signed by not fewer than fifty householders ... - ....

petition.

resident Avithin any such City ToAvn Hamlet or llural District praying that tlio same may be declared a Municipality under this Act and stating the number of the inhabitants thereof cause the substance and prayer of such petition to be published in the Government Gazette And unless a counter-petition signed by a greater number of house­ holders resident as aforesaid be received by the Colonial Secretary witliin three months fi'om the date of such publication the Governor with the advice aforesaid may by proclamation published in like raanmw declare sucli City Town or Hamlet or such llural District to be a Municipality by a name to be mentioned in such proclamation And mav also by the same or any other proclamation define the limits Lim its and boim-

and boundaries thereof And upon such publication the Municipality

shall he constituted accordingly.

3. If any such petition shall contain a request that the desired Municipalities may

Muuicipidity shall be divided into AVards or if in the case of a Muni­ cipality already constituted a petition containing a like request shall

be presented to the Governor from the Council or limn and signed by not fcAVcr than fifty electors of such Municipality the Governor Avith th(! advice aforesaid may by the first or by a subsequent proclamation as the case may be duly published as aforesaid declare such Munici­ pality to he and the same shall accordingly he divided if the population thereof exceeds one thousand into three AVards and if heloAV that number into tAvo AVards and each such AA'ard shall return at any first election three Councillors and at every subsequent election one Councillor.

4<. On the receijit of a petition signed by fifty householders Aajoimng area may

resident within any defined area adjoining to any such Municipality praying that such area may be united therenvith the Governor Avith the like advice and after tlû like publication of such petition and Avith the consent of the Council of such Municipality and unless a counter-petition signed by a greater number of persons so situated as aforesaid l)e received by the Colonial Secretary Avithin three months from the date of such publication may by like proclamation published as aforesaid declare such area to bo united thercAvith and form part thereof And upon such proclamation being so published such area shall be united Avith and form part of the same Municipality.

5. On receipt of' a petition signed by fifty householders resident Municipaiitms may

in any Municipality created under this Act praying that such Munici­ pality may be divided the Governor with the advice aforesaid and after publication of such petition as aforesaid and unless a counter-petition signed by a greater number of resident householders as aforesaid be received by the Colonial Secref ary Avithin three months from the date of such i)ublication may by like proclamation declare such Munici­ pality to he so diA'idcd and by the same or any other proclamation so published may define the boundaries of each division and thereupon each such division shall become and be a Municipality AAo'thin and for all ])urposes of this Act.

0. After the constitution of any Municipality by any such No objection allowed

proclamation all previous proceediugs hereinbefore required shall be deemed to have been duly taken and no objection shall be allowed on the ground of any defect or irregularity in such proceedings or any non-compliance Avith the provisions of this Act.

7.                The electors for the time being of every such Municipality Municipality incor-

shall immediately upon such publication as aforesaid become and be a

body

3174	N o.	13.	22" V IC .	18,18.
Municipalities.

liocly corporate under sucli name as the Governor shall with the like advice in such proclamation direct and shall by such name have per­ petual succession and a common seal and he capable in law of suing and being sued and of purchasing and holding land situate within tlie limits of the same Municipality and in anywise alienating the same and of exercising all corporate functions in conformity with this Act in the name of the Council of the same Municipality.

Niimber of Council­ 8. Every such Council shall consist of six members where the

lors.

population of the Municipality docs not exceed one thousand and if

above that number then of nine members.

Who to he Coun­

cillors.

9. Ao jierson shall be eligible to be elected Chairman Councillor or Auditor for any such Municipality unless he shall hold a qualifica­ tion as an elector for the same.

Who to bo electors.

10. All persons named on any Electoral lloll for the time being within or for any such Municipality having a freehold leasehold or household qualification shall be and be deemed electors of such Muni­ cipality at the first election and for all future elections all such persons being also rate-payers as hereinafter mentioned shall be and be deemed to be electors thereof.

Definition of rate­

11. Eate-payers for the purposes of this Act shall be persons who arc liable to be assessed for the payment of some rate or who are at the time of claiming to vote assessed for the payment of some rate no portion w'hereof shall at that time be in arrear And every person named in the Electoral lloll having a freehold leasehold or household qualification shall primd facie be deemed a rate-payer.

payers.

Nomination of can­

didates.

12. On a day to be notified by the Governor with the like advice for each such Municipality within three months after its incorporation and twice published in the Gazette and once in some local newspaper nearest thereto such day not being less than twenty days nor more than forty days from the date of such first publication and on the first Tuesday in Eebruary in every succeeding year the lleturning Officer— Avlio at the first election shall be named in the same notice and at every subsequent election shall be the Chairman—shall preside at a mealing of electors to be holden at noon in the Court House or ToAvn Hall or some other place fixed for the }>urpose by publie notice And at such meeting any electors may nominate any other electors as candidates for eleetion as Councillors.

Election if no con­

test.

13. If at such meeting as aforesaid no more candidates be nominated tlian the number of Couneillors to be elected the lleturning Officer shall declare the candidates nominated to be duly elected And in the event of there being more candidates nominated than the number to be elected the Returning Officer shall call for a show of hands for each candidate separately and thereafter shall declare upon which candidates the election has fallen and such candidates shall be elected accordingly Unless a poll be demanded by any candidate or by any four electors on his behalf in Avhich case an election by ballot shall be holden as hereinafter provided.

Time of contested

election.

14. Every election by ballot shall be holden on the seventh day next after the day of nomination And the voting at every such eleetion shall commence at nine o’clock in the forenoon and shall finally close at four o’clock in the afternoon of the same day.

Arrangements for

polling.

15. At every such 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 and fix the polling places and provide proper and convenient rooms or booths for polling. Pi’ovided always that no election shall be holden nor any voting take place in any church chapel or other place of public worship.

1858.	22^ VIC.	N o. 13.	3175
Municipalities.

10. Ill case the Returnino: Officer or any other Presiding Officer Substitutes for Pie-

shall he prevented from attending any of his duties hy illness or other ®

sufficient cause lie may hy writing under his hand appoint a substitute

to act for him And such substitute shall thereupon for the time being

have all the power and authority of his principal.

emcers.

17. Plvery candidate for election or any elector on his behalf or Scrutinccra may lo

in his absence any elector hy whom he was nominated may appoint “Ppf'nteii.

one person to he Scrutineer at the eleetion And every such Scrutineer

shall before acting make and subscribe in the presence of the

Presiding Officer of the Ward a declaration in the form of the

Schedule hereto marked A.

18. At every polling place there shall he provided and set apart Baiiotting rooms,

a separate ballot-room or compartment with wTiting materials into which no person may enter or remain except tin; Presiding Officer the Poll Clerk any Scrutineer so appointed and any electors while preparing tlieir ballot papers as hereinafter providful hut no longer And every person otherwise than as aforesaid wilfully entering or remaining in such room shall he guilty of a misdemeanor and may lx; forthwith given into custody and dealt with according to law.

19. Before and in time; for every such election the lleturning Bniiot papers to le

Officer shall cause to be printed or written ballot pajoers according to the form of the Schedule hereto marked B and also papers containing' the declaration set forth in the Schedule hereto marked C And the Returning Officer shall on the morning of the day of election or at the earliest on the day next preceding such election deliver to the Presiding Officer of each polling place so many of such ballot papers signed hy himself on the hack thereof hy a stamp or otherwise as shall be fully equal to the number of enrolled electors likely to vote at such polling place after omitting every person whose stated qualification is only that of salary lodging or board and lodging And shall sign in like manner and keep for himself a like suflicient number for tin; polling place at which he is to preside.

20. The Returning Officer shall provide for each polling place Ballot box ami mode

a ballot box the front of which shall he of glass and on the top o t’'‘

which there shall he an opening sufficient to receive the ballot pajier.s

folded as hereinafter mentioned And such box being previously locked

hy the Returning Officer Avith a key Avhich shall be kept by himself

and of which no other person shall have a counterpart shall be placed

on a.table before the Presiding Officer And every elector on applying

to vote after having made and signed the declaration last aforesaid in

the presence of the Presiding Officer or some person appointed liy him

for that purpose shall receive one of the ballot papers signed as

aforesaid and shall in the ballot-room aforesaid strike through the

names of all persons contained in such ballot paper except of the per- '

sons or person for whom ho intends to vote and then fold up tlie sanie so as to conceal the interior and disclose only the Returning Officer’s name so signed upon the back And shall then return to the polling table and there openly in the presence of the Presiding Officer Poll Clerk and Scrutineers present deposit such ballot paper in the ballot box Provided that in the case of any elector avIio is blind or cannot Proviso as to blind

men and marksmen

write the declaration shall be read over to him and his A'erbal assent thereto being obtained the Presiding Officer or Poll Clerk shall under his own name and hand Avrite such elector’s name in the elector’s signing place and attest the same And such signature and attestation shall bind such elector to such declaration and to all the consequences thereof if false And such Presiding Officer or Poll Clerk shall also if such elector cannot read strike through upon such ballot paper the names of all persons so nominated except such as the elector shall

4 T— VOL. 4. declare

3176	N o. 13.	22'’ VIC.	1858.
Mimicipalities.

Voter to Le marked	declare his intention of voting for Provided also that before any ballot
off on roll.	paper shall he deposited in the box the Presiding Officer or Poll Clerk shall upon a certitied copy of the Electoral Roll make a mark against the name of the person then voting which mark shall lie primd facie evidence of the identity of such voter ivith the person whose name shall he so marked on the Electoral Roll and of the fact of his having voted at such election.
voters beyond

Nothing required of 21. jS*o inquiry shall he permitted from any person applying to

declaration.	vote who shall duly make as aforesaid the declaration hereby required And every person wilfully making such declaration falsely shall he and he deemed guilty of perjury and he liable to be dealt with accordingly.
Keturning Officer	22. Except as hereinafter jirovided the Returning Officer shall upon final examination found equal for any two or more' candidates any of whom would if no such equality existed have been found eh'cted the Returning Officer shall have* a casting vote and shall state in writing which of such candidates shall he declared to bo duly elected.
shall only vote in	not vote Provided that in the event of the number of votes being
case of equality.

Billiot boxes to be	28.	Each Presiding Officc'r shall immediately on the close of the
transmitted to the

Eeturning Officer.	poll transmit to the Returning Officer the ballot box still locked and shall also send cai’efully sealed up tin* Electoral Roll marked at his polling place signed hy him and the Poll Clerk—the remainder of the ballot jiapers delivered to him hy the Returning Officer and not used —and all declarations so signed as aforesaid And also all hooks kept hy him during the polling with an exact statemcmt of the numbers of electors who have voted—the number of ballot papers originally delivered to him—the number thereof used—and the number left unused and returned And such statement shall he signed by himself and the Poll Clerk and verified hy the signatures of the Scrutineers then present.
Final state cd' the	21. The Returning Officer shall immediately after receiving the ballot boxes and sealed up documents and papers aforesaid place the same in a chest for the purpose provided with three different locks and the Returning Officer and two of the other Presiding Officers shall lock the said chest nuth the three keys And such keys shall he kept hy them­ selves respectively until th<5 day next after the election And then the whole contents of the said chest shall in the presence of such of the Scrutineers as may then attend be examined at a place and time whereof public notice shall have been previously given and the result of the election ascertained therefrom hy the said officers or the
poll.
Declaration of poll.	majority of them And the Returning Officer shall on the then next day declare publicly which of the said persons so nominated are duly elected Councillors.
Election not to be	25. No election under this Act shall he liable to be questioned by reason of any defect in the title or any want of title of any person by or before whom such election shall have been holden if such person shall have really acted at such election nor hy reason of any formal error or defect in any declaration or otlier instrument or in any publi­ cation under this Act or intended so to he nor by reason of any such puldication being out of time.
questioned for defect
of title.

Invalidity no jdea in 20. No advantage shall he taken of the invalidity of any election

action.	under this Act in any action or suit which may he brought hy or against the Council hut every such action or suit shall he tried as if no such objection existed.
Bribery and	27. Eor the purpose of preventing hrifiery and corruption all the acts enumerated as acts of bribery and corruption in any Electoral Act in forc(! for tlie time being with reference to elections of Members to the Legislative Assembly shall be deemed to be acts of bribery and corruption mutatis mutandis with reference to all elections under this
corruption.

■ Act

1858.	22« YIO.	N o.	13.	3177
Municipalities.

Act And every person whosoever guilty of any such act shall be deemed guilty of a misdemeanor And the acts of all authorized agents of a candidate shall be held to he acts of their principal if it bo proved that such acts were committed with his consent.

28. Every j)erson who having or claiming to have any right to Penalty for receiving vote in any election of Chairman Councillor or Auditor under this Act votfog”or”forS^^^^^ ̂ shall ask or take any money or other reward hy way of gift loan or to vofe.

other devise or agree or contract for any money gifi; office employment or other reward whatsoever to give or to forbear to give his vote in any such election and every person who by himself or by any other person employed by him shall hy any gift or reward or by any promise agreement or security for any gift or reward corrupt or procure or offer to corrupt or procure any otlier person to give or to forbear to give his vote in any such election shall for every such offence forfeit the sum of fifty pounds to he recovered with full costs of suit hy any one who shall sue for the same.

29. Every person who shall vote or offer to vote a second time Penalty for voting

at the same election for any Councillor or Avho shall vote or offer to vote a second time at the same election for any Auditor or who shall personate or attempt to personate any other person for the purpose of voting at any such election shall he guilty of a misdemeanor.

30. All expenses of and incidental to the incorporation of any First expenses out of

Municipality under this Act and the first election of Councillors and Auditors shall be certified under the liand of the Chairman and shall he paid out of the Consolidated llevenue Eund hy warrant under the hand of the Governor directed to the Colonial Treasurer.

31. So soon after each such election as conveniently may be Oounciiifors to choose

the Councillors shall choose and appoint in such manner as they may deem expedient some one from among themselves to he their Chairman who shall go out of office at the next annual election of Councillors but may then be re-elected And the Chairman and Coun­ cillors sliall together constitute the Council.

32. The Chairman of every such Munici])ality shall ex officio chairman to he« he a Justice of the Peace in and for such Municipality. ve&L. °

33. The Governor with the like advice in any such proclamatioji Construction of

as aforesaid may declare that the Council of any Municipality shall consist of a Mayor and Aldermen and in every such case unless the context otherwise indicate the word “ Chairman” AAffienever herein used shall mean Mayor and the Avord “ Councillor” shall mean Aider- man and the term “ Council Clerk” shall mean Town Clerk.

34. In each Municipality if the Council shall consist of six AVhat Councillors Councillors two shall retire and if of nine three shall retire on the first

Tuesday in Eebruary in each and every year the first to retite being the tAvo or the three who had the smallest number of votes at the first election until all then elected shall have retired And in any case of doubt created by an equality of A'otes or hy an election Avithout a poll the decision shall he hy lot And thereafter the Councillors longest in the Council shall first retire And every retiring Councillor may if otherAvise qualified hy re-elected.

35. On the day so fixed for the retirement of Couneillors in Subsequent annual

each and every year an election of new Councillors hy the like electors shall take place to fill the vacancies so created and shall he conducted in the like manner as nearly as may be as the first election of Coun­ cillors except that the Chairman of the Council for the time being shall he the Returning Officer.

36. Any Municipality may he divided hy the Council thereof Division into Wards,

if consisting of six members into two Wards and if consisting of nine members into three Wards subject to the approval of the Governor in Council published in the Government Gazette AAuth such regulations as

to

3178	N o.	13.	22® V IC .	1858.
Municipalities.

to elections as may be rendered necessary by the change Provided that at every subsequent annual election each such Ward shall return one Councillor.

Election of Auditors.	37. On the day fixed for the first and each subsequent election of Councillors the electors of every Mubicipality shall elect tvro fit persons being electors for the same to he Auditors of the accounts of such Municipality and such Auditors shall continue in office until the then next ensuing day of election And the election of Auditors shall he conducted in the same manner as nearly as may be as the election of Councillors,
Acc^ounts to be
audited and pub­	38. Every Municipal Council shall exhibit to the Auditors all hooks of account and vouchers or other documents in support thereof of which they may he in possession And not later than the thirty-first day of January and thirty-first day of July in every year a detailed account of the revenue and expenditure of such Council for the half year ending on the thirtieth day of June and thirty-first day of December last past respectively certified hy the Chairman of the Council to he correct and by the Auditors to correspond with the hooks of account and vouchers or other documents as aforesaid exhibited to them shall he published in the Gocernment Gazette and in some newspaper published or circulating in the neighbourhood And no endowment as hereinafter provided shall he paid to any such Council until the accounts in the form and subject to the requirements hereby imposed
lished.
Disqualification for	shall liave been so published.
election as Council­
lors.	39. Every person being a Judge or Chairman of any Court of Justice or holding any office or place of profit under or in the gift or disposal of the Council or being an Officer on full pay in the Kaval or Military Service or being directly or indirectly by himself or his partner engaged or interested in any contract or employment with by or on behalf of the Council or being of unsound mind shall be disqualified from being a Councillor or Auditor But this enactment shall not disqualify any elector by reason of being a proprietor or shareholder of any joint stock company contracting with the Council.

Penalty on Council­	40.	Every person who being Chairman or a Councillor or Auditor
lors taking contract.

under this Act 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 agree­ ment or emplojunent witli by or on behalf of the Council except as proprietor or shareholder of any company contracting as aforesaid shall be liable to a penalty of any sum not exceeding one hundred pounds and not less than fifty pounds and shall be for seven years after conviction disqualified from holding any office in or under the Council.

Extraordinary

vacancies of Coun­	41. If any extraordinary vacancy shall be occasioned in the office of Councillor or Auditor the electors entitled to vote shall upon a day to be fixed by the Chairman of which seven clear days written notice at the least shall be affixed on the building occupied as the place of meeting of the Council and otherwise notified as may bo determined by any by-law under this Act elect to supply such vacancy another Councillor or Auditor who shall hold office until the time when his predecessor Avould have gone out of office and shall then go out of office but may be re-elected if still qualified.
cillors.
Extraordinary
vacancy of Chair-	42. Upon any extraordinary vacancy in the office of Chairman the Councillors shall at their next meeting elect out of their own body another person to be Chairman for the remainder of the then current year.

Adjourned election 43. If from any cause any election under this Act shall not

ip case of accident. take place on the day appointed for the same it shall stand adjourned

until

1858. VIC. N o. 13. 3179

Municipalities.

until the same day of the following week and in any such case occur­ ring after the first election the Councillors who are to retire or the Chairman as the case may he shall continue in office until such adjourned election.

41. Xo person elected as Councillor Chairman or Auditor under Declaration of office

this Act shall act as such until he shall before a Commissioner of the councXrsr"' declaration in the form of the Schedule hereto marked D.

4 5 .    Every person dnly ([ualified and duly elected to the office of ivnaity for refusing

Councillor Chairman or Auditor shall accept such office by making and subscribing such declaration within thirty days after notice of his election or shall in lieu tliereof pay to the Council a fine of twenty- live pounds in the case of Councillor or Auditor and a fine of fifty pounds in the case of Chairman and such offices respectively shall Ijo deemed vacant and shall be filled up by a fresh election.

40. No Minister of Ileligion and no person disabled l)y deafness Ceisonscxcmptfrom

blindness or other permanent infirmity of body nor any person above the age of sixty years or who shall have already served the like office within three years next before the day on wliich 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 ])criod nor any Member or Officer of the Legislative Council or Legislative'. Assembly nor any person ■whose usual plac-e of abode is not situate within the Municipality for wliich he shall have been elected shall be liable to any fine or penalty for neglecting or refusing to serve as Councillor or Chairman.

47. Every person elected into any corporate office under this Provision for rcsign-

Act may at any time resign such office and the resignation shall be held to be complete from the date of its being received by the Council Clerk or person acting as sucli Provided that tlie person so resigning shall be liable to the same penalties as he Avould have been liable to pay for non-acceptance of the same office unless he shall permanently cease to dwell Avithin the Municipality or shall become entitled to claim exemption from such penalties under any provision herein contained.

4 8 . Any person holding the office of Chairman Councillor or Disqiuiincation of

Auditor having his estate jilaced under sequestration as insolvent

under or taking the benefit of any Act for the relief of insolvent

’

debtors or com])ounding witli his creditors or being absent Avithout leaA'e from the ^Municipality for more than three months at one time (unless in case of illness certified by a duly qualified medical practi­ tioner) sliall thereby become disqualified and cease to hold such office and in the case of absence except by permanently ceasing to divell Avithin the Municipality shall be liable to the same fine to be recovered in the same manner as if he had I’efused to accept such office And the Council shall thereupon declare such office to be vacant and the same shall be A'acant accordingly But every person so becoming disquali­ fied to hold any office on account of insolvi'ncy or compounding as aforesaid shall on obtaining his certificate or on payment of his debts in full or obtaining a release from his creditors be capable of being re-elected.

49. Any person acting as Chairman Councillor or Auditor with-

out having made the declaration hereby required or not being duly â offiĉ rr̂

qualified at the time of making such 'declaration or acting in or hold­

ing any such office after he shall cease to lie qualified according to

aisquaU-

to this Act shall for every such offence forfeit the sum of fifty pounds

to he recovered together with full costs of suit by any elector avIio

shall sue for the same Avithin three months after the commission of

the ofience.

• 5 0 .

3180	N o.	13.	22" VIO.	1858.
Municipalities.

Defect in elections	50. All proceedings of the CouDcil or of any person acting as Chairman Councillor or Auditor shall notAvithstanding it he aftenvards discovered that there A\ as some defect in his election or any disquali­ fication he as valid as if every such person had been duly electecl and qualified to be Chairman Councillor or Auditor respectively.
ceedings'̂ *'̂ *̂**”

Council to decide as 51. The Council may determine whether any and what remu-

shall he alloAved to the Chairman or to the Auditors.

Power to Council	52. The Council may and shall appoint such officers and ser­ vants as in their discretion they may deem necessary and proper for the execution of the powers and duties hereby vested in the Council and assign remuneration to such officers and seiwants by Avay of salaries or Avages Avhich shall be in lieu of all fees perquisites and other emoluments Avhatever.
to appoint officers.

Powers as to 53. The Council shall have poAver by themselves or their officers

nuisances.	to abate and remoA’e all nuisances Avithin the Municipality or to cause and compel such nuisances to be abated and removed by the owners or occupiers of the premises upon or from or in respect of which the nuisance shall exist or have arisen and also to cleanse and keep cleansed or cause and compel to be cleansed and kept cleansed by such owners or occupiers every or any such nuisance.
Definition of
nuisances.	54. The Avord “nuisance” in this Act shall includ<! the follow­ ing matters—Any premises in such a state as to be a nuisance or injurious to health any pool ditch gutter Avatercoursc privy urinal cesspool drain or ashpit so foul as to be a nuisance or injurious to health any animal or the carcass of iiny animal or any part thereof in such a state or so kept or left as to be a nuisance or injurious to health— and any accumulation or deposit Avhich is a nuisancfj or injurious to health.
Saving of nnisances
at Common Law.	55. Xothing in the last tAvo preceding sections shall be con­ strued to prevent or affect prosecutions by information or indictment or any other proceeding in respect of nuisances uoav or hereafter existing Avhich may be abated or made the subject of presentment or prosecution at the Common LaAv.
suspend officers.

Chairman may 56. It shall be lawful for the Chairman to suspend from office

at any time any officer or servant of the Council who may in his opinion be guilty of misconduct or neglect and if necessary temporarily to apj)oint another officer or servant to fulfil the duties of the officer or servant so suspended and to take security Avherc necessary for the faithful discharge of the duties of such officer or servant during his temporary appointment ProA'ided that at the next meeting of the; Council after such suspension the Chairman shall report the matter to tlie Council and if the officer or servant so suspended be dismissed by the Council no salary or Avages shall be due or paid to him from and after the date of his suspension And eveu’y officer or servant so temporarily appointed by the Chairman shall hold office and receive remuneration (Avhich shall in no case exceed that paid to the officer or servant so suspended) only until the Council shall decide Avhether the person suspended shall be reinstated or be dismissed and a successor appointed in his stead.

If officers prevented

from acting Chair­	57. M^henever in consequence of death absence or otherAvise it officer or person to perform any duty Avhich by this Act he is directed to perform it shall be laAvful for the Chairman to appoint any other Councillor or person to perform the same And if for any like reason the Chairman shall be preA'ented from performing any duty imposed on him by this Act the Councillors shall by the majority of their voices
man may appoint	shall become impossible for any Councillor Council Clerk or other
others.
Officers intrusted	appoint one of themseh^es to perform it.

with money to give	58. Every officer or servant who by reason of his office or
account.

security and to employment under the Council may be intrusted with the custody or

control

1858.	22” VIC.	JIo. 13.	3181
Mun icipa lities.

control of any moneys sliall give such security for faithfully and duly

accounting for all sucli moneys as the Council may think suflicient

and shall within seven days after having receiveil any moneys or

witliin such shorter time as the Council may ajipoint pay over the

same to the Treasurer or into some Bank selected by the Council

And shall also as and when the Council may direct deliver a list

signed hy him containing the names of all persons who have neglected

or refused to pay any sums due hy them And shall when and as

required hy the Council make out and deliver a true and perfect

ac(!Ount in wiiling signed hy him of all moneys received hy him for

the purposes of this Act distinguishing how and to ivliom and ibr

what purposes such moni'ys have hc(m disposed of And shall together

with such account deliver the vouclu'rs or receipts for all payments

made hy him and pay over to or rec('iv(' from the Treasurer or

Chairman the halance of such accounts if any And if any such officer

oi- servant shall fail to render such account or to produce and deliver

up such of the said vouchers and receipts as may he in his possession

or power or to pay over any such moneys or halance of raom'ys as

aforesaid or if for tlu* spac*e of sevc'n days after being thereunto

required he shall fail to deliver u]i to the Council all books papers

Avritings projU'rty ofFects mattf'rs and things in his jiossession orpoAvei'

belonging to the Council he sliall he liable on proof thereof hefori'

any Justice of the Peace and on his still failing or refusing to do the

act required to h(“ committed to gaol until he shall have doin' such

,

act And if it appear that he has failed to pay ovi r any such moneys as aforesaid and he still fails or refuses so to do the Justice may cause the same to he levii'd hy distress upon his goods and chattels and in default of any sufficient distress may commit him to gaol Avith­ out hail for any time not exceeding three months unless such moneys he sooner paid Provided that upon proof on oath to any Justice that there is probable cause for believing that any such offlc('r or servant so charged is about to abscond such Justice may Avithout summons causi' him to he jortliAvith appri'heiided upon warrant and may upon prlmu facie proof on oath of tlu' charge require him to give hail lor his subsequent appearance to answer the same Provided also that no such proceeding shall relieve any surety of the offender from any liability Avhatsocver.

59.               The C!ommon seal and all charters deeds muniments and

records of the Corporation or relating to the property thereof shall he'''“°'‘*'

kept in such place and in such custody as the Council shall direct.

00. Every person aaJ io shall wilfully hinder or interrupt or penalties for inter­

cause or procure to he hindered or interrupted the Council or their	rtneerg"'̂ ''
managers surveyors agents servants or workmen or any of them in doing or performing any of the works or in the exercise of any of tlu> powers and authorities authorized or vested in them by law shall for every such otfence forfeit and pay any sum not exceeding ten pounds to he recovered before any two Justices of the Peace.

01. All acts authorized or required hy lavv to he done hy the Qnomm at meetings.'

Council and all questions of adjournment or others shall he done and decided hy the majority of the members present at any meeting duly

held the a\ hole numhei- present at such meetings not being less than

half of the aaJ ioI c number of such Council Provided that if there he

not a quorum present Avithin half an hour of tlu; time appointed for

holding any meeting or if it should appear at any time during the

holding of any meeting that there is not a quorum of members present

the Chairman shall have poAver to adjourn such mc't'ting or intended ,

meeting to some other day Provided also that every such meeting of

the Council shall be holden Avith open doors.

3182	N o.	13.	22<̂ VIG.	1858.
3IiinicipalUies.

Who to presiJe.	G2. The Chairman if present shall preside at all meetings of the Council and in his absence such Councillor as the memhers present shall choose shall preside And in case of an equality of votes the Chairman or Councillor presiding shall have a casting vote in addition to his original vote as Conncillor.
Notice of meetings.	63. Notice of the time and place of every intended meeting not being an adjourned meeting of the Council shall he given in sufheient time to reach the residence or place of business of every Councillor tw('nty-foiir hours at least before such meeting.
How meetings to be
called.	6i‘. The Chairman may call a meeting of the Council as often as he shall think proper And if he shall refuse or delay to call any such meeting after receiving a requisition for that purpose signed hy at least two Councillors such Councillors may call a meeting of the Council hy giving like notice as aforesaid signed by themselves stating therein the business proposed to he transacted.
How summons to bo
sei’ved on members	65. In every case a summons to attend any meeting of the Council specifying the business proposed to he transacted shall he left at the usual or last known place of abode of every member of tin; Council or delivered to him personally twenty-four hours at least before such meeting and no business shall he transacted at any such meeting other than is specified in sucli notice.
of Council.
Quarterly meetings.	66. There shall he four quarterly meetings in every year at which the Council shall meet for the transaction of general business and such meetings shall he holden at noon on such days of such months as .shall he determined hy any by-law made under this Act.
Minutes of meetings.	67. Minutes of tlu' proceedings of every mc'ctiug of the Council shall he taken and being fairly transcribed into a hook to he kept lor tliat purpose shall he read at the then next meeting and shall he signed hy the Chairman thereof.
Copies .md extracts	68. Any elector of the Municipality may at all seasonable times without fee make any co îy of or take any extract from the Minute Book of the Council and also make any copy or take any extract from any Order of the Council for the payment of money.
from books.
Committees.	69. The Council may appoint out of their own body such and so many Committees either of a general or a special nature and consisting of such Counc-illor or Councillors respectively and may delegate to any such Committee such inquiries or pow'cr to do any such emergent acts as they may think fit Provided that every such Committee shall report all proceedings to the Council at the earliest possible opportunity.
Committee meetings.	70. Every such Committee may sit or meet and adjourn at discretion And at all meetings the Chairman if a member of the Committee and present shall preside and in his absence such Councillor as the memhers present shall appoint shall preside And all questions shall he determined hy a majority of votes and in case of an equality the member presiding shall have a casting vote besides his original vote as a member of the Committee.
Penalty on Council	71. If the Chairman or any Councillor or Auditor of any Municipality shall neglect or refuse to do any matter or thing Avhi(di hy law he is directed to perform such Chairman Councillor or Auditor shall for every such olfcnce forfeit and pay a sum not exceeding t(ui pounds And every such ]icnalty may he recovered with full costs of suit hy any person who shall sue for the same within three montlis after the commission of the otfencc.
and ofticers for
neglect of duties.
by-laws for regula­
Council to make	72. The Council of any Municipality may make by-laws for the regulation of their own proceedings—the collection of their rates—■
tion of proceedings
and general conve­	determining the validity of disputed elections—the prc'vention and
nience of the town.	cxtinguishi]ig of fires—tlu' suppression of nuisances and houses of ill- fame—compelling residents to keep their premises free from otfensive

or

1858.	22̂ ̂ VIC.	N o. 13.	3183
Munici'palities.

or unwliolesome matters—the regulation and licensing of porters ])uhlic carriers carters water drawers and public vehicles—regulating the killing of cattle and sale of butchers’ meat and the (establishment of slaughter-houses—the regulation of markets market du(!S fairs and sales—the preservation of public decency and public health—the restraining of noisome and offensive trades—and the general good rule and government of the Municipality.

73. The Council shall have the care and management of the Public io.ada &c.

roads jnihlic strcjots bridges ferries whaiwes jetties pi(3rs and public thoroughfares and shall also adopt such means as may seem to them desirable for the establishment and management of public cemeteries the securing of the necessary supply of water lor domestic sanitary or irrigation purposes and may make by-laws for carrying out these objects and for the lighting and sewerage of the Municipality.

7 t. The Council may also make by-laws for the establishment Public imspitais and

of hospitals for the care of the destitute poor and sick and of asylunis for the protection support and moral and religious instruction of destitute or deserted children and for tlu; maintenance and manage­ ment thereof And the Council may take over any existing hospital or asylum with the consent of the managing bodies thereof and make by-laws for its future maintenance aibd management.

75. The Council may also make by-laws for the establishment Public ubiaries

of public libraries museums botanical gardens or other public places

of recreation and for the maintenance and management thereof.

7(5. The Council may also make by-laws for regulating the Council tc .apportion

right to be enjoyed by the inhabitants of the Municipality over

land lawfully set apart as a common for the dt;pasturing of sheep cattle

and horses or otlu'r animals belonging to any of sucli inhabitants.

77. The Council may also establish tolls rates and dues upon Conncii may cstab-

any road market bridge ferry wharf or jetty within and belonging fq 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 tlu; proper collection and management of such tolls rates and dues.

7S. For the purpose of constructing and maintaining any Special rates im-

works relating to water supply sewerage lighting wit h gas or otherwise

the Council of any Municipality may establish special rates or assess- “

”

raents and may levy the same uptm the owners or occupiers of any

property deriving any benefit or advantage from such works.

71). The (Council of (>ach Municipality may and shall annually Council t.i estimate

within three months after the election of their Chairman cause an lo°ti“e year auTkvy

estimate to be made of the probable amount which will bo retjuired mtes.

for the then current year in addition to any tolls rates or dues which

may have been levied or authorized to he levied within the Munici­

pality to carry on the fencing making and repairing of any roads

bridges punts wharves piers or other public Avorks within tlu' Munici­

pality and any other expenses necessary in carrying into effe(;t the

provisions of this Act and shall raise the amount so estimated by an

assessment of all lands houses Avarehouses counting-houses shops and

other buildings Avithin the limits of such Municipality according to

their fair average annual A'alue AAdiether occupied or not and notice of

such assessment shall he given to the tenant landlord proprietor or

occupier of the propei'ty so assessed Provided that no such rate shall

exceed the sum of one shilling in the pound of such A-alue And the

rate so assessed shall be payable by the tenant or other person occupy­

ing or in possession of the premises for Avhich such rate is payable and

in case there is no such tenant or other person then by the proprietor

thereof unless H('r Majesty hi; such proprietor Provided that nothing

herein shall prevent any private arrangement betAvecn landlords and

4 u— VOL. 4. tenants

3184	N o.	13.	22̂ ̂ VIC.	1858.
Municipalities.

tenants as between themselves with respect to their ultimate liability to rates respectively Provided also that the Council may not impose or levy any rate whatsoever on any unoccupied land belonging to Iler Majesty nor on any land or building belonging to and in the occupation or use of Her Majesty for any Government or public purpose.

Appeal from rates.	80. If any person shall think himself aggrieved by the value at which his property is assessed for any such rate or assessment as afore­ said it shall be lawful for him to appeal against the same to any two or more Justices of the Peace at the Court of Petty Sessions held within the district in which such propeidy is situated and such Justices shall have power to hear and determine the same and to award relief in the premises as the justice of the case may require and the decision of the Justices shall be final as regards the matter of such appeal Provided that the person so appealing shall give notice in writing to the Council of his intention to appeal seven days at least before the bolding of the Court at which such appeal may be heard and deter­ mined And provided also that the Chairman of any Municipality shall not act as a Justice of the Peace in any case of appeal against any rate or assessment.
Rates to remain a	81. In case any tenant proprietor or occupier shall tail after thirty days’ notice to pay any such rate or assessment the Chairman on proof of such notice having been served on him personally or having been left at his last known residence or upon the premises for which such rate or assessment shall be due may issue his warrant for the levying of the amount by distress of the goods and chattels of such tenant occupier or proprietor and where the proprietor shall not occupy such premises and the tenant or occupier of such premises shall fail in the payment of any such rate or assessment and goods and chattels shall not be found sufficient for the payment thereof such proprietor shall be liable to sucb payment and to all proceedings for the recovery thereof as if he were the proprietor in occupation of such j>remises And any such unpaid rate or assessment shall bo and remain a charge upon the premises for which the same is payable and may be recovered at any future time upon and after tlie expiration of thirty days from notice being given to the occupier thereof by distress and sale ol‘ any goods or chattels tliat may then he found upon such premises in the same manner and by the same authority as if the then occupier of such premises had himself been liable to the payment of the rate or assessment so remaining unpaid and the production of the receijit for such over-due rate or assessment paid by or levied from any tenant so rendered liable for any rate or assessment due or having accrued before the commencement of his tenancy shall be a good and sufficient discharge for the amount so paid or levied in payment of rent to the landlord.
pied|Treini>ra
Certain public	82. Nothing herein shall authorize the interference by any wharf aqueduct public place or building whatsoever not formed constructed or erected by such Council which may be excepted from th(! jurisdiction of such Council by any proclamation made or to be made by the Governor with the advice aforesaid or respecting which provision shall have beem or shall be mad( ̂by any Act of Council or of Parliament.
from	Council witli any public road railway bridge ferry cemetery market
Council.
By-laws to be	83. All by-laws so to be made by any such Council shall state maximum penalty for any neglect or breach thereof respectively And every such penalty shall and may be awarded recovered and distributed by summary process before any two Justices of the Peace having jurisdiction within the Municipality Provided that no suclt maximum penalty shall exceed fiftv pounds.
cnforceii by penalty.

‘ 84.

1858.	22° VIC.	N o.	13.	3185
Mimioipalities.

8i. Such by-laws shall not have any force or effect until con- By-laws to be a f­

firmed hy the Governor with the advice aforesaid under his hand And

when so confirmed and iiuhlishcd in the Government Gazette they shall gazetted.

1)0 of tlie same force as if forming part of this Act.

85. No person shall he made liable to any incapacity disability Limitation of legal

forfeiture or penalty under this Act unless tlie action or prosecution pio'̂ eedmgs.

he commenced within three months after such incapacity disability

forfeiture or penalty shall be incurred.

8(5. Every application to tlie Supreme Court for the purpose of cimit of time for

calling upon any person to show by what warrant he claims to exercise	^
f lic office of Chairman or Councillor under this Act shall he made before fhe end of throe calendar months after the eleetion or the time when the person against whom such application shall be directed shall become disqualified and not at any subso(;[uent time.

87. Every Council may boi*row by mortgage or othervvist ̂ on Comicii may bonow

the credit of land or personal estate or on the revenue belonging to tlie Corporation for or towards or incidental to the making carrying on or completing of any permanent improvements of their Muni­ cipality any moneys not exceeding in the whole the estimated revenue thereof for three years Provided that no money shall be sq borrowed ('xcept with tlu' sanction of the Governor with the advice aforesaid in writing under his hand.

88. Any Council or any person authorized by any Council may Council m.iy eater

for any purpose of tliis Act enter upon and conduct through or make upon or under any private land any drains watercourses wells pum])s pipes or any other neeessary works Provided that such land be not occupied as a court-yard garden or dwtdling-house or as an approach to any dwelling-house And every person affected thereby may recover compensation from sucb Council upon application to the nearest Court of comjietent jurisdiction in such amount as such Court shall find to be justly due which finding shall be final And such Court may award costs to cither party which together with any sum so found due may be recovered in the same way as in any ordinary case of costs awarded by such Court.

89. Everv person offendin!>‘ against this Act or any by-law made thereunder by refusal neglect or otherwise shall when no specific ' ” for ofiencci

'

penalty shall have been provided for such offence be liable to a penalty according to the judgment of any two Justices in no case exceeding twenty pounds.

90.   All ofiences against this Act or any by-law made thereunder Uow to bo recovered,

may be licard and determined and all penalties incurred by such offences respectively may be recovered in a summary way before two or more .fusticcs and no such proceeding shall be removed by certiorari into the Supreme Court.

91. On or before the tliirty-first of January and the thirty-first lOndowment.

July in every year the Council of every Municipality shall cause to be prepared and transmitted to the Colonial Treasurer a detailed account of all sums of money actually raised within such Municipality by rates or assessments on houstts and lands during the half year then last past such account being signed by the Chairman and counter­ signed by the Treasurer And upon receipt of such account it shall be lawful for the Governor by warrant under his hand addressed to the Colonial Treasurer to direct him to pay from the Consolidated Eevenue Eund to the Treasurer of tlie Municipality by way of endow­ ment to be a]iplied to such corporate purposes as the Council shall determine for the benefit of such Municipality any sum or sums of money eijual to but not exceeding the following proportions that is to say in I'acli of the first five years after the incorporation of such Municipality a sum equal to but not exceeding the amount actually

raised

318G	N o,	13.	22*̂ VIO.	1858.
Municipa lities.

raised by rates or assessments on houses and lands as aforesaid in the year last past—in each of the next succeeding five years a sum equal to hut not exceeding one moiety of the amount so raised in the year last past—and in each of tlie next succeeding five years a sum equal to hut not exceeding one-fourth part of the amount so raised in the year last past—and thenceforth the contributions from public funds hy way of endowment shall absolutely cease And all such sums from the Consolidated llevenue Pund shall he payable half-yearly and the Colonial Treasurer shall from time to time he allowed credit for any sum or sums of money paid hy him in pursuance of any such warrant or order in writing as aforesaid and the receipt of the Treasurer of such Munici­ pality under his hand countersigned hy the Chairman shall be a suffi­ cient discharge for the Colonial Treasurer.

Postponement of

things chancing to	92. "Whenever any matter or thing shall hy this Act or hy any by-law made thereunder he directed to he done or to take place on a certain day and that day shall happen to he Sunday Good Friday Christmas Day or any public holiday such matter or thing may he performed on the next day not being any such day as aforesaid And all changes of time rendered necessary by any such alteration may also la^vfully he made.
fall on Sundays &c.
Provisions of 5 & 6

Vic. c. 76 relating 93. All the enactments contained in the Act of the Imperial

to District Councils

Parliament fifth and sixth "Pictoria chapter seventy-six from section

repealed.

forty-one to section fifty both inclusive so far as they relate to N ew

South Wales shall be and they are hereby repealed.

District Council may

be dissolved.

94. Provided that upon any City or ToAvn situate in any District within Avhich any District Council exists under the said recited Act being constituted a Municipality under this Act the Governor with the advice aforesaid may in the proclamation constituting the same or in any other proclamation published as aforesaid dissolve any such District Council and thereupon make further and other provision for the execu­ tion of any duties or trusts or the exercise of any powers and autlio- rities then executed or exercised or the receipt custody or management of any rents dues or other moneys or any trust estates or other pro­ perty then received held or managed hy such District Council or any of the memhers thereof as the Governor with the advice aforesaid shall deem necessary and proper.

Act not to affect

Sydney Corporation.

95. Aothing herein shall affect the City of Sydney or “ The Sydney Corporation Act of 1857.”

Commencement and

short title.

96. This Act shall commence on the day of the passing thereof and shall he styled and may he cited as “ The Municipalities Act of 1858.”

SCHEDULE A.

Scrutineer s Declaration.

I A. B. appointed on behalf of C. D. one of the persons nominated for election this day as Councillor [or Alderman] or Auditor for to be Scrutineer at such election do hereby solemnly declare that I will faithfully assist as such Scrutineer and Avill 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 am legally bound to answer or in compliance with the provisions of the Municipalities Act of 1858.

SCHEDULE

1858, 22'’ VIO. N o. 14. 3187

Uquitij and Banco Brocecdings.

SCHEDULE B.

Ballot Paper.

Election of Councillors [or Aldermen] and Auditors on tlic day of 185

List of Candidates for Election.

Names as Councillors.	Addresses.
Names as Auditors.

SCHEDULE C.

Voter s Declaration.

Voter's Number [ ]

I A. B. do hereby solemnly declare that I am the person

named in the Electoral Roll for the Electoral District of now in force my name being numbered therein as in tlu; margin hereof And that my qualification therein stated is situated (or arises) within the limits of this Municipality And that I have not already voted at this election.

SCHEDULE D.

Declaration of Ofice.

(^Referred to in Section 41.)

I A. B. having been elected Chairman [or Mayor] (or Councillor [or Alderman]) (or Auditor) for the Municipality of C do hereby declare that I take the said office upon myself and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability and that I have not fraudulently or collusively obtained the office to which I have so been elected.