Penalty for using

swivel gun, etc.,

Game Act-Amendment.

case are satisfied that such dead bird or animal was imported from beyond the Colony, the proof of which shall lie on the person accused.

3. NO person shall use a swivel gun or punt gun, or any gun other than one fired from the shoulder, for the purpose of wounding against native birds. or killing any native bird; and every person contravening this section shall be guilty of an offence, and, on conviction thereof, shall be liable to a fine of not more than Five pounds, and to the forfeiture of the gun so unlawfully used.

Punishment of offences.

Inspectors.

Regulations.

4. ALL offences against this Act shall be punishable, and orders and convictions in respect thereof shall be subject to appeal as if they were offences against the principal Act.

5. THE Governor may appoint Inspectors to assist in enforcing the provisions of the principal Act and this Act.

6. THE Governor may make regulations for the better carrying into effect of the principal Act and this Act.

In the name and on behalf of the Queen I hereby assent to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority: RICHARD PETHER, Government Printer, Perth.

AN ACT to consolidate and amend the Law
relating to Municipalities.

BE

[Assented to, 5th December, 1900.]

E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. THIS Act may be cited for all purposes as the Municipal Institutions Act, 1900.

2. THIS Act is divided into twenty-three parts, as follows:-
CONSTITUTION OF MUNICIPALITIES, SS.
9-39.

PART

I.

Short title.

Division of Act.

ᏢᎪᎡᎢ

Repeal of Acts.

First Schedule.

ᏢᎪᎡᎢ XII.

PART

PART

PART

TIES, ss. 322-324.

XIX.-RATES, ss. 325-361.

XX. BORROWING POWERS, ss. 362-397.

XXI.-ACCOUNTS AND AUDIT, SS. 398-411.

PART XXII.-LEGAL PROCEEDINGS AND ENFORCEMENT

OF ACT, ss. 412-445.

3. THE Acts mentioned in the First Schedule to this Act, to the extent to which the same are thereby expressed to be repealed, are hereby repealed: Provided that such repeal shall not affect property vested, acts and things validated, or authorised powers and protection acquired, and indemnities given under any of the Acts hereby repealed—

All contracts may be made, carried out, and varied and enforced as if this Act had not passed.

All creditors shall have the same rights and remedies, and all debentures shall have the same force and effect as if this Act had not passed.

All councillors and officers in office at the commencement of this Act shall remain in office as if this Act had been in force at the time they were elected or appointed, and they had

Municipalities.

had been elected or appointed hereunder, and this Act

shall apply to them accordingly.

All by-laws, regulations, and joint regulations in force at the See 59 Viet., No. 10, commencement of this Act shall continue in force until s. 103.

they are respectively repealed hereunder.

All rates which, under the Acts hereby repealed, or any of
them, are at the commencement of this Act due or payable
to, or leviable by or for any municipality, shall be paid,
received, levied, and recovered as if this Act had not
passed.

All rights and liabilities in respect of any land taken
possession of by the council of any municipality for arrears
of rates, and the rents and profits thereof, shall remain the
same as if this Act had not passed."

All books and documents made evidence shall continue
evidence to the same extent as if this Act had not passed.
All works and undertakings authorised to be executed, and
engagements existing at the commencement of this Act,
shall be carried on under this Act.

All municipal rolls in force at the commencement of this Act
shall be deemed to have been made under this Act, and
any municipal rolls in course of preparation at the com-
mencement of this Act may be completed under this Act,
and this Act shall apply to all such rolls accordingly.

done.

4. SAVE so far as there is anything in this Act incon- Application of Act to sistent therewith, this Act shall apply to all matters and things matters and things made, done, or commenced under any repealed Act, and at the commencement of this Act of any force or effect, or capable of acquiring any force or effect by virtue of any Act hereby repealed, as if this Act had been in force at the time they were made, done, or commenced, and they were made, done, or commenced hereunder.

Reference to Acts

5. WHERE by any statute, by-law, instrument, or other document, reference is made to any Act hereby repealed, or any of repealed. the provisions thereof, the statute, by-law, instrument, or document 59 Vict., No. 10, s. 7. shall be construed and have effect as if reference were made therein to this Act or the corresponding provisions hereof.

6. IN this Act, save where there is something in the context inconsistent therewith:

"Cattle" shall include horses, mares, fillies, foals, geldings,
colts, camels, bulls, bullocks, cows, heifers, steers, calves,
asses, mules, sheep, ewes, wethers, rams, lambs, goats, dogs,
and swine.

"Council"

Interpretation.

See 59 Vict s. 3.

Page 180.

66

64 Vict., No. 8, Section 6.-See W.A. Law Reports, Vol. VII., p. 132.

under, our Sitaal is

to the soil or not, for the purposes of valuation of

annual value.

Mayor" shall include chairman.

"Minister" shall mean the Minister of the Crown adminis-
tering this Act or the part of this Act to which the
expression refers.

"Municipality" shall mean any locality the citizens or
inhabitants of which are already incorporated or become
incorporated under this Act.

"Occupier" shall mean the inhabitant occupier of any land,
or, if there be no inhabitant occupier, the person entitled
to the possession thereof, and shall include leaseholder or
holder under agreement for lease.

"Owner" shall include the person for the time being re-
ceiving or entitled to receive the rents and profits of any
lands within any municipality, whether on his own
account or
or as agent, trustee, or attorney for another
person.

Passenger vehicle" shall include any carriage, wagonette,
cabriolet, cab, public conveyance, tramway car, motor, cart,
coach, omnibus, spring cart, or other vehicle of a like
nature plying for hire.

Pave, paved, and paving" shall mean and include making
a hard and convenient surface with asphalt, flags, tilings, or
other stones, wood, gravel, metal-siftings, shell, or any other
material not being sand which the council deem it expedient
to use for such purpose.

Person" shall mean and include partnership, company, or
corporation.

Powers" includes rights, jurisdiction, capacities, privileges,
authorities, and immunities.

"Public place" shall include every street, lane, footpath, court,
and alley which the public are allowed to use, and whether
formed on private property or not, within the limits of a
municipality.

Public reserve" includes park lands, squares, reserves, and
lands included in or adjoining any municipality which are

at