66

66

Municipalities.

at the commencement of this Act or hereafter may be
declared to be set apart for the use and enjoyment of the
inhabitants of such municipality, and vested in or under
the care, control, or management of the council of the
municipality.

Ratepayer" includes the occupier of any ratable land and
the owner.

Returning officer " shall include deputy returning officer.
Way" shall include every square, alley, court, highway,
terrace, and thoroughfare which the public are allowed
to use within the limits of a municipality less than sixty-
six feet in width.

"Surveyor" shall mean the surveyor for the municipality or
other officer authorised to act as such for the time being.
"Town Clerk" shall include the clerk of the municipality or
any officer appointed to act as such for the time being.
"Street" and "Road" shall mean and include every thorough-
fare which the public are allowed to use, within the limits
of a municipality, being sixty-six feet or more in width.

In what newspapers

7. IN IN all cases in which any matter or thing is hereby required to be published or advertised, the same shall be inserted certain advertisein a newspaper generally circulating in the municipality.

ments shall be published.

8. WHENEVER any day, or the last of several days, Sundays, holidays, provided or appointed by or under this Act for any purpose in any etc. year happen on a Sunday, Good Friday, Christmas Day, or bank 59 Vict., No. 10, holiday, or a gazetted or public holiday then such provisions and 8.30. appointment shall take effect as for the next following business day.

PART I.-CONSTITUTION OF MUNICIPALITIES.

9. THE inhabitants of every municipality for the time being, subject to the provisions of this Act shall, under the name of the mayor and councillors of such municipality as the case may be, be a body corporate with perpetual succession and a common seal, with power to break, alter, and change the same from time to time with the approval of the Governor, and shall by such name be capable in law of suing and being sued, or purchasing, holding, and alienating land, and of doing and suffering subject to the provisions of this Act all such other acts and things as bodies corporate may by law do and suffer; and the corporation of every municipality as constituted under this Act shall be the same corporation as the corporation of the same municipality existing at the commencement of this Act. And

Municipalities to be

body corporate with common seal.

Constitution of
Council.

Municipalities.

And every municipality subject to the provisions of this Act shall be governed by a council, and all acts of the council shall be deemed to be acts of the municipality.

10. SUBJECT to the provisions of this Act, for the government of every municipality, there shall be a council, which shall 59 Vict., No. 10, s. 8. consist, where the population is declared by the Governor as hereinafter mentioned to be

Power of Governor

(a.) Under one thousand, of a mayor and six councillors;

(b.) Over one thousand, and not exceeding five thousand, of a mayor and nine councillors;

(c.) Over five thousand, of a mayor and twelve councillors, or three councillors for each ward:

Provided, that where a municipality is divided into wards, the council shall at all times consist of an equal number of members for each ward.

11. (1.) THE Governor may, subject to the provisions of to declare munici. this Act, from time to time, by proclamation declare any town or locality containing ratable property capable of yielding upon a rate not See 59 Vict., No. 10, exceeding One shilling in the pound on the annual value thereof,

palities.

8. 9.

Declare wards.

Unite municipalities.

Sever portion.

calculated under the provisions of this Act, a sum of Three hundred pounds, to be a municipality, and may, by the same or any subsequent proclamation, define the boundaries of such municipality; and upon the publication of such proclamation in the Government Gazette, the inhabitants of such town or locality and their successors inhabitants of the same shall be, and the same are hereby constituted a body corporate and politic, by and under the name, style, and title to be mentioned in such proclamation.

(2.) And the Governor may, by like proclamation published

as aforesaid

(a.) Divide any municipality into wards and define the

boundaries thereof.

(b.) Unite any two or more municipalities which form one continuous area so as to form one municipality. (c.) Sever any portion of a municipality therefrom, and either declare such portion to be a new municipality or annex the same to some other municipality or some roads board with which the portion so severed forms one continuous area; and, from time to time, make any apportionment of property, rights and liabilities, and give any directions as to any matters and things that may be necessary to do justice as between the municipalities or roads boards concerned.

(d.)

Municipalities.

(d.) Annex any land forming with the municipal district Annex out-lying dis-
of some municipality one continuous area to such trict.
municipality.

(e.) Alter the boundaries of or abolish in part or in the
whole the wards or subdivisions existing in any
municipality.

(f) Create new wards within a municipality.

(g.) Determine and alter within the limits prescribed
by this Act the number of councillors assigned
to any municipality.

(h.) Alter and adjust the boundaries of conterminous
municipalities, and determine any questions arising
out of such alteration and adjustment, and from
time to time make any apportionment of property,
rights, and liabilities, and give any directions as
to any matters and things that may be necessary
to do justice as between the municipalities.

Alter boundaries.

Create new wards.

Alter boundaries.

(i.) Declare any municipality having in the year pre- Declare municipality
ceding such declaration a population of twenty a city.
thousand and a gross revenue of twenty thousand
pounds a city.

(j) Alter the name of any municipality and of the
corporation thereof.

Alter name of municipality.

Declare number of population.

(k.) Declare the number of the population of any municipality. (3.) When, in consequence of the exercise of any of the Rights and liabilities foregoing powers, any rights, liabilities, or matters require to be to be settled. adjusted, the Governor may, by order, settle and adjust the same.

Division 1.-New Municipalities.

Adjustment of rights,

12. WHEN any new municipality is constituted, having for or included in its municipal boundaries the whole of or a portion etc., between old and severed from a previously existing municipality, roads board, or other corporation, the following consequences shall follow:

new

etc.

municipalities,

Loc. Govt. Act (Vic.),

(a.) All by-laws and regulations of such previously existing
municipality in force in the portion of the municipality, s. 17.
roads board. or other corporation, forming or in-
cluded in the boundaries of such newly-constituted
municipality shall, so far as the same are applicable,
be deemed by-laws and regulations respectively of such
newly-constituted municipality, and may by it be
repealed

Municipalities.

repealed or altered; and, save as aforesaid, all by-laws
and regulations of such previously existing municipality,
roads board, or other corporation shall, as to the
portion forming or included in the boundaries of the
newly-constituted municipality, be repealed.

(b.) Such newly-constituted municipality shall become jointly
liable with such previously existing municipality, roads
board, or other corporation, in respect of all debts
and liabilities due or incurred at the time of the
severance with respect to the portion so severed.
(r.) No action, suit, or other proceeding, by or against any
such previously existing municipality, roads board, or
other corporation shall be affected or abated.

(d.) Such newly-constituted municipality shall be entitled to
such portion of the property and assets of the previously
existing municipality, roads board, or other corporation;
and shall be as between it and such municipality, roads
board, or other corporation, liable to pay such portion
of the debts and liabilities thereof as bears the same
proportion to the whole as the value of the ratable
property in the portion of the municipality, roads board,
or other corporation, severed from such previously
existing municipality, roads board, or other corporation
bore to the value of the ratable property in the whole
municipality, roads board, or other corporation upon the
last valuation before the severance.

Order uniting municipalities. Ibid., s. 18.

Effect of union on municipalities.

Division 2.-Union of Municipalities.

13. EVERY proclamation uniting two or more municipalities shall assign a name to such united municipality.

14. UPON any such union of municipalities, the municipality formed by such union shall have a municipal district being the aggregate of the municipal districts of the municipalities united, and shall be deemed to be one and the same municipality as each of the municipalities by the union of which it was formed; and all rights and duties of such municipalities against or owing to each other shall be extinguished, and all land, property, moneys, rights, and liabilities of, and all rates due, contracts and engagements existing, and all actions, suits, and prosecutions pending, and all matters and things not otherwise provided for, made, or done by or on behalf of each of the municipalities so united shall vest in and attach to and be deemed to have been made, or done by or on behalf of the municipality formed by such union.

15.

Municipalities.

Effect of union on

Ibid., s. 21.

15. UPON any union of municipalities all the by-laws and regulations in force in any of the municipalities united at the time by-laws. of the union which are applicable to the altered circumstances shall become by-laws and regulations, respectively, of the municipality formed by such union, and may be by it repealed or altered, but until so repealed or altered every such by-law and regulation shall remain in force in the district only in which it was in force previous to such union; and every by-law and regulation which cannot be restricted to any particular district shall be deemed inapplicable, and all by-laws and regulations which are inapplicable to the altered circumstances shall be by such union repealed.

Effect of union

16. UPON any union of municipalities, the council formed by such union shall, until the conclusion of the next annual election, Council. consist of all the councillors of the municipalities united or who may be elected to fill extraordinary vacancies.

Division 3.-Severance from Municipal Districts.

Ibid., pt. s. 22.

on

Powers in event of

severance.

17. EVERY proclamation severing any portion of a municipality therefrom may abolish all the wards, and either constitute the municipality as undivided or re-divide the same into wards. Ibid., s. 23. Should the proclamation not abolish all the wards, the same shall be deemed to abolish every ward so severed. and as regards every ward of which a portion only is severed, shall either abolish such ward and annex the residue thereof to some other ward, or in separate portions to some other wards, or shall declare that such residue shall thenceforth be deemed a ward.

18. IN case any ward is abolished, the councillors returned therefor shall, upon such abolition, cease to be members of the council, and the number of the councillors shall be reduced accordingly.

Reduction in council

on cancellation of division.

Ibid., s. 24.

Number not to be

19. THE powers in that behalf hereinbefore provided shall not be exercised in such a way as to reduce the number of councillors reduced to less than assigned to any municipality to less than six.

Division 4.-Annexation to Municipalities.

six.

Ibid., 8, 25,

How annexation of new division affects

20. WHEN a proclamation annexing any district to a municipality divided into wards retains the existing divisions and constitutes a new ward, such new ward shall immediately thereupon the council. be entitled to return as many councillors as sit for each of the previously existing wards, and the number of the council shall be increased accordingly, but the council shall not be otherwise affected by such proclamation.

21.