Coming into opera Municipalities. license for a cart, if such cart be used solely as a means of conveyance into or through the limits of a municipality from and to places beyond such limits. (1.) For the posting of bills or painting advertisements upon buildings, fences, verandahs, or any other place abutting upon, or facing into any street or way. (r.) For the opening of streets, ways, or footways. (s.) For the cutting, collecting, or removing of timber, firewood, stone, or other material from or on public reserves or commons. And the council may fix the fees for all such licenses, and may 170. ANY by-law adopting any provisions of the Tenth tion of by-law adopt. Schedule hereto shall come into operation immediately on the publication thereof in the Government Gazette. ing schedule. 59 Vict., No. 10, s. 100. (2.)—Manner of making. 171. BY-LAWS, regulations, and joint regulations may be Making of by-laws, made for municipalities in the manner hereinafter mentioned. etc. Loc. Gov. Act (Vic.) 8. 198. 172. EVERY by-law and regulation shall be passed by the Passing and sealing council and sealed with the common seal of the municipality. of by-laws, etc. Ibid., s. 199. 173. JOINT regulations shall be passed separately by the council Passing and sealing and scaled with the common seal of every municipality concerned in making the same. of joint regulations. Ibid., s. 200. 174. WHEN any provision is adopted by virtue of which the councils of any municipalities are empowered to make any joint regulation, and no joint regulation has been made thereunder, any of such councils may cause to be prepared a draft of a proposed joint regulation, and may submit the same to each of the other councils for their approval; and if within three months after such draft is so submitted all the councils concerned do not agree in passing a joint regulation under such provision, any one or more of such councils may pass and seal such regulation, and the Governor may thereupon, if he thinks fit, after notice to the councils of all the municipalities concerned, confirm such joint regulation with or without alterations, and the joint regulation so confirmed shall have the same force and effect Municipalities. effect as if it had been passed by all the councils concerned in making the same, and sealed with the common seals of their respective municipalities. and gazetted. 175. BY-LAWS shall not be inconsistent with or repugnant By-laws to be to any of the provisions of this Act, or to any law in force, and when approved by the confirmed by the Governor, and published in the Government Governor in Council Gazette, shall have the force of law within the limits of the municipality or any area under the control or jurisdiction of the 59 Vict., No. 10, council, unless restricted to a portion only of such municipality or area; and copies thereof shall be forthwith laid before both Houses of Parliament, if Parliament be then sitting, and if not, then within fourteen days after the next assembling of Parliament. s. 100. By-laws adopting schedule, how 176. IN gazetting and advertising the adoption of the Tenth Schedule hereto, or any part of it, as a by-law, it shall be sufficient to set out in the advertisements the headings and parts and clauses gazetted. of such schedule so adopted as a by-law. Provision for the force. 177. IF after the coming into operation in and for any two or more municipalities of any provision authorising the making of joint accession of other regulations, any joint regulation has been made thereunder, whether councils where a the same is yet in force or not, and if after such making the said joint regulation is in provision has come into operation in any other municipality so that Local Government the council thereof is under such provision empowered to make, Act (Vic.), s. 203. together with the councils of such first-mentioned municipalities, joint regulations for the purposes of such provision, any such joint regulation theretofore made under such provision for the firstmentioned municipalities shall, so far as applicable, be deemed to be a joint regulation of all the councils of all the municipalities in this section referred to to all intents and purposes, as though the same had been made by all, and although not purporting to apply to the municipalities in which such provision shall so lastly have come into operation. 178. THE council may from time to time appoint or alter Forms. forms of applications, certificates, licenses, registration, registry Ibid., s. 206. books, and other books, documents, or instruments mentioned in any part of the Tenth Schedule hereto, and the expression "the appointed form," or any like expression in the said Schedule shall be deemed to apply to a form so appointed. (3.)-How repealed. 179. EVERY by-law in force in any municipality may be altered or repealed by any subsequent by-law inconsistent therewith, or expressly altering or repealing the same in force in such municipality. 180. Manner of altering or repealing. Repeal of regulations. Ibid., part s. 207. Municipalities. 180. EVERY regulation in force in any municipality may be altered or repealed by any subsequent regulation inconsistent therewith, or expressly altering or repealing the same in force in such municipality. 181. EVERY joint regulation in force in any municipalities may Repeal of joint regu- be altered or repealed by any subsequent joint regulation inconsistent therewith, or expressly altering or repealing the same in force in such municipalities. 'ations.. Ibid., part s. 207. Effect of repeal. Joint regulation after union. Ibid., part s. 211. Joint regulation. By-laws, how in- Eleventh Schedule. Regulations, etc., how intituled and Twelfth Schedule. 182. NOTWITHSTANDING the repeal of any by-law or regulation or joint regulation, every offence wholly or partially committed against such by-law or regulation before the repeal thereof shall be heard, determined, and punished, and every act or proceeding done or commenced, and every right, privilege, and protection acquired, and every liability incurred, shall continue, be prosecuted, and be of the same force and effect as if such by-law, regulation, or joint regulation had not been repealed. 183. WHEN any joint regulation is in force in any municipalities, and such municipalities are united, such joint regulation shall become the regulation of the municipality formed by such union. 184. WHEN any joint regulation is in force in any three or more municipalities, and any number of such municipalities less than the whole are united, such joint regulation shall become the joint regulation of the municipality formed by such union and the remaining municipality or municipalities. (4.)-In what form. 185. ALL by-laws shall be in the form or to the effect in the Eleventh Schedule, and shall be intituled according to the purport thereof and to the part, subdivision, or section of this Act under which they are made, and shall be numbered consecutively and so that no by-law shall bear the number borne by any other by-law of the municipality whether in force or repealed. 186. ALL regulations and joint regulations made under this Act shall be in the form or to the effect in the Twelfth Schedule, and shall be intituled according to the purport thereof, and according to the part, subdivision, or section of the Tenth Schedule hereto under which they are made, and shall be numbered consecutively, so that no regulation of any municipality and no joint regulation of any municipalities respectively, whether in force or repealed, shall bear the same number as any other such regulation or joint regulation. 187. Municipalities. 187. EVERY by-law, regulation, and joint regulation shall be By-laws, etc., to be intituled as of the municipality or municipalities of which it is such intituled as of the by-law, regulation, or joint regulation. municipalities con- 188. EVERY by-law, regulation, or joint regulation shall Express repeal of contain clauses expressly repealing all by-laws, regulations, and joint by-laws. regulations and parts thereof, respectively, inconsistent with or Ibid., s, 215. repugnant thereto and theretofore in force in the municipality or municipalities; and in such clauses the by-laws, regulations, and joint regulations repealed shall be specified by number and title or otherwise sufficiently indicated, and in case of a part of a by-law, regulation, or joint regulation, in addition to such number, title, or other description of such by-law, regulation, or joint regulation, the purport of such part shall be expressed. By-laws not affected 189. NO omission to comply with any of the provisions of the four last preceding sections shall render invalid any by-law, regu- by non-complianco. lation, or joint regulation, or shall prevent the repeal thereby by Ibid., s. 216. operation of law of any other by-law, regulation, or joint regulation. (5.)-How enforced. By-laws to be en 190. SUCH by-laws shall state some maximum penalty for any forced by penalty. neglect or breach thereof respectively; provided that no such 59 Vict., No. 10, maximum penalty shall exceed Twenty pounds. 191. ALL offences against any by-law, regulation, or joint regulation in force in any municipality shall be deemed to be offences against this Act. s. 101. See Local Government Act (Vic.), s. 21. Offence against by- Local Government 192. NO regulation or joint regulation shall impose any Regulations. penalty. Ibid., s. 219. 193. NOTHING contained in any by-law, regulation, or joint Saving of remedies regulation in force in any municipality shall be construed to exempt against nuisances. any person guilty of a nuisance at common law from prosecution, Ibid., s. 220. suit, or action in respect thereof, nor from the consequences of being convicted thereof. Certified copies of 194. THE Government Gazette or a printed copy, purporting to be a copy of any by-law, and purporting to be signed by the mayor, by-laws to be shall, without any other proof, be received as prima facie evidence of evidence. the existence of such by-law, and of the making, confirming, and 59 Vict., No. 10, publication in the Government Gazette thereof, and of the performance of the requirements of this Act or any Act hereby repealed in respect thereof in all Courts. (6.) s. 104. validity of by-law. Municipalities. (6.)-Validity, how tested. 195. IF any person desire to dispute the validity of any byMode of testing the law, regulation, or joint regulation made as aforesaid, and pay into the Supreme Court the sum of Twenty pounds as security for the costs of the proceedings hereinafter mentioned, it shall be lawful for such person to apply to the said Court, upon an affidavit of the facts, for a rule calling upon the municipality, or in the case of a joint regulation the municipalities concerned, to show cause why such by-law, regulation, or joint regulation should not be quashed for the illegality thereof; and the said Court may make the said rule absolute, or discharge it with or without costs, as to the Court shall seem meet. Officer." 196. (7.)-Interpretation. WHENEVER in any subdivision of the Tenth Schedule Meaning of "Proper hereto the expression "The proper officer of the council," or the like expression is used, the same shall mean such officer or person as has been charged by the council with respect to such subdivision. Ibid., s. 225. Council may give compensation for removal of offensive trades, etc. Ibid., s. 226. given only upon notice, etc. Ibid., s. 227, abridged. Division 2.-Power to treat as to Noxious Trades. 197. WHEN any profession, occupation, manufacture, trade, calling, or business now or hereafter to be established within any municipality becomes, and is of so offensive a nature as to create, cause, or be a public nuisance, the council may contract and agree with the person or company carrying on such offensive profession, occupation, manufacture, trade, calling, or business not to carry on the same or cause, or so far as lies in the power of such person or company, permit the same to be carried on within such municipality, or within such distance from the boundaries of such municipality as may be agreed upon in such contract, and the Council may give out of the municipal fund to such person or company such reasonable compensation by way of consideration for such contract as may be agreed upon between the contracting parties. 198. NO proposition to make such contract and give such comCompensation to be pensation as mentioned in the last preceding section shall be considered by the council, unless a notice setting forth the terms of the proposed contract, and the amount of compensation proposed to be given, has been published in some newspaper not less than one month before such proposition is considered, and no resolution to make such contract and to give such compensation shall be adopted by the council save by special meeting, nor unless the resolution is carried by a majority of the council: Provided that nothing in this or the last preceding section contained shall in any way alter or affect |