Council of every of list. Ibid., s. 44. Municipalities. copy of every such list, with appropriate headings to the same, showing the contents thereof, to be affixed on some building in each ward on or before the third day of October in each year. 59. THE council shall hold an open Court to be called a municipality to hold Revision Court within the municipality for the purpose of revising a Court for revision the electoral lists thereof; and such revision shall take place at such time and place as the mayor shall appoint, between the tenth and twentieth days of October (both inclusive) in each year; and the mayor shall give six clear days' notice of the holding of such Court, and of the time and place thereof, by placing such notice on some building within the municipality and by advertisement in some newspaper. The Court shall consist of the mayor of the municipality, or, in his absence, of a chairman appointed by the other members of the Court, and of not fewer than one-third of the councillors, and every such Court may be adjourned, and, if at any time for half-an-hour after the time appointed for holding any such Court or adjourned Court a sufficient number of councillors to form a Court is not present, the mayor, or, in his absence, any councillor or the town clerk shall adjourn the Court. Clerks, valuers, and Court. 60. THE town clerk shall himself, or by some person on his collectors to attend behalf, if he be prevented from so doing, attend the Revision Court, and produce to the said Court the voters' list, and also copies of the lists (if any) of the persons who have sent in claims, and of the persons who have been objected to; and the valuer or valuers, and all collectors of rates, shall attend the said Court, and produce to the said Court all books, papers, and documents in their possession connected with their respective offices, and shall answer all such questions as the Court may put to them touching any matters necessary to be ascertained for revising the voters' list. Revision Court may summon witnesses. Ibid., s. 45. 61. THE Revision Court shall have authority to hear, receive, and examine evidence, and, by summons, under the hand of the mayor, require all persons as the Court may think fit to appear personally before such Court, at a time and place to be named in such summons, and to produce to such Court all books and papers in their possession or under their control as may appear necessary for the purpose of their examination; and the said Court shall have the like powers for compelling the attendance of witnesses summoned and their examination upon and taking of oaths and affirmations and their answering questions touching the premises as by any law in force for the time being is vested in Justices exercising summary jurisdiction; and the mayor may issue any such summons at any time after he has appointed a time for holding the said Court, and the said Court shall, by the decision of the majority, determine upon the validity of all claims and objections, and Municipalities. and any person failing to obey the summons of the said Court shall be liable to a penalty not exceeding Ten pounds, recoverable before any two Justices. lists. Ibid., s. 46. 62. THE Revision Court shall insert in the voters' list under Hearing of claims revision the name of every person who has claimed as aforesaid, and is and objections, and proved to the satisfaction of the Court to be entitled to be inserted correction of voters in the voters' list for one or more votes, according to the provisions. of this Act, and shall retain on the said list the names of all persons to whom no objection has been duly made and the number of votes set against the same unaltered, and shall also retain on the said list the name of every person who has been objected to by any person and the number of votes set against the same unaltered, unless the person so objecting appears by himself, or by someone on his behalf, in support of such objection, and proves the service of the requisite notices; and when the name of any person inserted in any list, or the number of votes set against the same has been duly objected to, and the person objecting appears by himself or by someone on his behalf in support of such objection, the Court shall require proof of so much of the qualification of the person so objected to as is embraced in the grounds of objection and no more; and in case the qualification of such person is not proved to the satisfaction of the Court, the said Court shall expunge the name of such person from the said list, or shall alter and correct the number of votes set against the same, as the case may require; and the said Court shall also expunge the name of every person who is proved to be dead, and shall, by means of inspection of the voters' list, rate-book, and valuation and return, correct any mistake, or supply any omission which may appear to such Court to have been made in any of the said lists in respect of the name, place of abode, or trade or occupation of any person who is included therein, or in respect of the local description of the ratable property, or the situation or the ratable value thereof: Provided always, that no person's name shall be inserted by the said Court in any such list, or shall, except in case of death, be expunged therefrom, unless notice has been given as is herein before required in each of the said cases. objections. 63. IN case it appears to the Court that any person has made Costs in frivolous or or attempted to sustain any frivolous or vexatious claim or objection, vexatious claims or it shall be lawful for the Court to award such costs, not exceeding Five pounds, as it may seem meet, to be paid by such person to the Ibid., s. 47. person resisting such claim or objection; and the same may, in default of payment, be recovered before any two Justices. 64. THE mayor shall, in open Court, write his against the name struck out or inserted as aforesaid, and initials Certificate, etc., of reagainst vision of voters' list. any Ibid., s. 48. Clerk to make out roll. Fifth Schedule. Municipalities. any part of the list in which any mistake shall have been corrected or omission supplied; and shall also initial every page of the list so settled, and shall then cause to be written at the foot or end of the list a certificate that the same has been revised and is correct, with the date thereof; and the mayor, and not fewer than two other members of the Court, shall severally sign such certificate. 65. THE list so signed and certified shall be delivered to the town clerk, who shall copy the names of the electors in Ibid., s. 49 (varied). alphabetical order in a roll or book in the form contained in and with the several particulars required by the Fifth Schedule, and shall prefix to every name a number, beginning such numbers at the first name on the roll with the number one, and continuing them on in regular arithmetical series to the last name thereon, and shall cause a sufficient number of copies of the roll to be printed, and shall sign and deliver the said roll to the mayor of the municipality. Roll signed to be voters' roll. Ibid., s. 50. Clerk to furnish copies of lists. Ibid., s. 51. Signed copy of list to be evidence. Ibid., s. 52. Omission to publish. proceedings. 66. THE printed roll, so signed as aforesaid, shall be the ward electoral list or roll and municipal list or roll respectively for the municipality, and shall continue in force until new lists or rolls have been made for the municipality, under the provisions of this Act, whether the same have been duly made at the time hereby appointed or afterwards. 67. THE town clerk shall from time to time furnish a copy or copies of such electoral lists to any person requiring them on the payment of a reasonable price for the same, not exceeding the sum of Five shillings for each copy. 68. ANY copy purporting to be a copy of the said electoral lists or rolls for any municipality, and signed by the mayor or town clerk, shall be prima facie evidence of such list and of the contents thereof. 69. NO omission to affix copies of any such lists or rolls as etc., not to invalidate aforesaid, or to keep any list or roll for perusal or inspection, shall be deemed to prevent, invalidate, or render imperfect any of the proceedings with regard to the compilation or completion of any such list or roll. Ibid., s. 53. Governor may appoint time for doing anything connected with electoral lists not being done within time prescribed. Ibid., s. 4' 70. IF from any cause anything connected with the preparation or revision or completion of the electoral lists for a municipality has not been done within the time appointed or limited for that purpose, the Governor may, at the request of the council, by an order to be published in the Government Gazette, direct the same to be done, and may appoint the several times and intervals of time, or Municipalities. or the several remaining times and intervals of time, as the case may require, at or within which the acts herein before required to be done in connection with the preparation or revision or completion of such lists shall or may be done, and upon such order being published in the Government Gazette, such omission or non-compliance shall be rectified, and such lists shall be validated according to the tenor of such order. Re-arrangement of 87. 71. WHENEVER any municipality in which such roll of electors shall have been revised and made up as aforesaid shall be so roll on division of divided as to constitute two municipalities. or shall be divided into municipalities. wards, or whenever there shall be any re-adjustment of wards in any See Local Governsuch municipality, or whenever two or more such municipalities shall ment Act (Vic.) s. be united, the then existing roll or rolls of electors of such municipality or municipalities shall, by the town clerk or town clerks thereof, be divided into separate rolls of electors for such municipalities or wards, or made up into new rolls for such re-adjusted wards or into a roll or rolls for such united municipality, as the case may require: Provided, that in every such re-arrangement of the roll or rolls of municipal electors there shall be no other change than such changes in numbering or such transpositions of the names of electors from one municipality to another, or from one ward to another, as the circumstances of the case may require; and every roll which shall have been so re-arranged as aforesaid shall, by the mayor of the municipality to which it shall appertain, be examined and compared with the original roll or rolls so revised and made up as aforesaid, and the mayor shall at the foot or end of such re-arranged roll of electors cause a certificate to be written to the effect that he has examined the same and that it is correct, and shall date and sign such certificate; and such roll so re-arranged and certified as aforesaid shall be the roll of electors for the municipality or ward as the case may be, and shall continue in force until a new roll shall have been made for such municipality or ward under the provisions of this Act; and any copy purporting to be a copy of such roll so re-arranged and certified as aforesaid and signed by the mayor shall be evidence of such roll and of the contents thereof. Where no council appoint person to Governor may lists, and fix dates, 72. IN the case of any newly proclaimed municipality where there is no council, the acts and things by this Act required to be done in and about the preparation, settling, and revision of the said electoral lists shall be done by such person or persons at such time settle and revise or times and at such place or places as the Governor may appoint etc. in that behalf; and the Governor may also appoint and fix the date 59 Vict., No. 10, s. 40. on or before which applications and objections, under section fiftyseven of this Act, may be lodged in respect of such lists, and may substitute for the dates respectively mentioned in sub-section (1) of section fifty-two such other dates as he may think fit to embrace the Expenses of com- Local Government First election of councillors. See 59 Vict., No. 10, 8. 57. Annual election. "Conference Municipalities. the same periods of time as therein respectively specified, and in the preparation of the said lists sub-section (2) of section fifty-two shall not apply. The person or persons to be appointed under this section for the purposes aforesaid shall perform and do all such matters and things as are by this part of this Act required to be performed and done, or which may be done, by the mayor or the council, and such person or persons shall have and exercise all the powers of valuers under this Act, and all the powers and functions of a Revision Court and of the chairman of such Court; and such lists or rolls shall be the ward electoral list or roll and the municipal electoral list or roll respectively, for the first elections respectively to be held in such municipality, and shall continue in force, and shall not be added to or otherwise altered until new lists have respectively been made for such municipality under the provisions of this Act. 73. THE council shall take an account of the reasonable expenses incurred by the town clerk, or by any person appointed by the council to discharge the like functions, in carrying into effect for such municipality the provisions of this part of this Act, and shall order the same to be paid out of the municipal fund; and the amount received by such town clerk or person for copies of any lists or rolls hereinbefore mentioned shall be paid to the municipal fund. Division 4.-Election of Council. .) TIME OF HOLDING ELECTIONS. 74. A FIRST election of mayor, councillors, and auditors in any newly constituted municipality shall be held on such day, not less than forty days after the constitution thereof, as the Governor may appoint, and all subsequent elections as hereinafter appointed. 75. IN every municipality an annual election of mayor, auditors, and councillors shall be held on the third Wednesday in November in each year, at such place or places within the municiSee 59 Vict., No. 10, pality as the returning officer at such election shall appoint. minutes." 8.57. at annual election. 76. AT the annual election, except in those cases for which Return of councillors other express provision is made, one-third of the whole number of councillors for the time being assigned to the municipality and the mayor and auditors shall be returned, and, in case of a municipality divided into wards, the councillors shall be returned in equal numbers for every ward. Election to fill extraordinary vacancy. 77. ON the occurrence of any extraordinary vacancy in the council of any municipality, a mayor, councillor, or auditor shall be returned to fill such vacancy on the day appointed hereunder for 59 Vict., No. 10, s. 95. holding an election to fill the same. 78. |