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See 59 Vict s. 3.

Page 180.

Municipalities.

“Connoil” shall mean the council of a municipality.

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

under, Duu Sidal in

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

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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.

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'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.

7. IN all cases in which any matter or thing is hereby In what newspapers 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 Municipalities to be body corporate with mayor and councillors of such municipality as the case may be, be a common seal. 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

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 Viet., No. 10, s. 8. consist, where the population is declared by the Governor as hereinafter mentioned to be

Power of Governor palities.

to declare munici.

(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 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,

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.

(k.) Declare the number of the population of any munici

Alter name of municipality.

Declare number of population.

pality. (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.

12. WHEN any new municipality is constituted, having for Adjustment of rights, 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 new etc. other corporation, the following consequences shall follow:

(a.) All by-laws and regulations of such previously existing
municipality in force in the portion of the municipality,
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,

Loc. Govt. Act (Vic.),

8. 17.

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.

(c.) 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.

13.

Division 2.-Union of Municipalities.

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.

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