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Bank account.
Ibid., s. 181.

Power to auditors to require production

of papers, etc.

Municipalities.

and paid on account of and for the municipality, and of the several purposes for which such sums of money have been received and paid; the said books shall, at all reasonable times, be open to the inspection of any councillor, ratepayer, or creditor of the municipality without fee or reward.

399. ALL moneys of the council amounting to Twenty pounds and upwards shall, within seven days, or as the council directs, after they have come into the hands of the treasurer or any other officer of the council, be paid into such bank and in such manner as the council from time to time appoints and directs for that purpose; and no such money shall be drawn out of such bank except by a cheque signed by the mayor and treasurer, and countersigned by the town clerk, and no person shall at one and the same time hold the offices of mayor and treasurer of a council.

400. THE council and every officer shall produce to any auditor for his inspection all books, vouchers, papers, and documents relating to the municipality; and every officer shall from time to Act 1293 (Vic.), s. 96. time furnish to any auditor, as and when he may require the same.

Book to be entered up regularly.

Ibid., s. 97.

Half-yearly balance and ar lit.

a statement in writing of all moneys received by such officer on account of such municipality, and every bank at which any municipality has an account shall, when required, furnish to any auditor full particulars of every such account.

401. IT shall be the duty of the council to keep the books and accounts of the municipality entered up and ready for the inspection of the auditors at all times during the year; and, if upon examination by any auditor it is found that such books or accounts are incomplete, and that the officer, whose duty it is, has allowed the said books and accounts, or any of them, to remain in arrear for a longer period than twenty-eight days, the auditor shall report the same to the mayor, and if the mayor, after giving the officer charged with such neglect an opportunity of being heard, is satisfied that such neglect has taken place, without reasonable excuse, he shall have power to order the officer responsible to be fined a sum not exceeding Five pounds for every such offence, and such sum shall be deducted by the council from the salary due or becoming due to such officer, and be paid into the municipal fund.

402. THE council shall cause the accounts of the municipality to be balanced half-yearly up to the thirtieth day of April and the 59 Vict., 10, s. 214. thirty-first day of October in each year; and, after each such balancing, the auditors shall audit the said accounts as soon as conveniently may be; and the council shall, by the town clerk or other proper officer, produce and lay before the auditors the accounts so balanced as aforesaid, with all vouchers in support of the same,

and

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Municipalities.

d wstings in their custody or power

64 Vict., No. 8, Section 402.-See W.A. Law Reports, Vol. VII.,
p. 281.

provided.

statement.
Ibid., s. 216.

Altered.

403. AN annual statement or summary, showing the financial position of the municipality at the end of October in each year, shall Annual financial be prepared by the council, showing on the one side the amount received from each source of ordinary income, and from the special rate (if any) struck and on the other the various matters and things on which such amounts have been expended; and in the case of any municipality that has borrowed any money during the year ending on the thirty-first day of October in any year, or has brought forward any borrowed money from the preceding year, a statement shall be made, showing on the one side all moneys so received or brought forward, and on the other the application of all such moneys as have been expended, and the amount remaining unexpended and to be carried forward; in the case also of any such municipality, a statement shall be made, showing on the one side the amount received from any special rate levied in respect of any loan as aforesaid, and on the other the application thereof, and also a statement with respect to each sinking fund, showing as to each of such funds the amount standing to the credit of the Colonial Treasurer and municipality. These several statements shall be audited by the auditors, and if found correct shall be certified as correct under the hand of the auditors.

Duty of auditors.

Ibid., s. 217, much

404. THE auditors shall, if they find any account or statement
submitted to them for audit to be erroneous or deficient in any
particular, unless such error or deficiency be at once made good by altered.
the person or persons liable to make it good, instead of signing
such account or statement, forthwith make to the mayor a statement
showing in what respects they have found such account or statement
erroneous or deficient, and shall publish such statement in the
Government Gazette.

Power of Council as

405. THE council may in any year expend out of the ordinary income of the municipality any sum not exceeding three per cent. to expending its inof such ordinary income, for any purpose connected with the muni- come. cipality, and for the benefit or credit thereof, although such purpose Ibid., s. 218. be not within the scope of this Act. Subject to the foregoing provision, the whole of the ordinary income of any municipality shall be applicable solely to doing or carrying out those things which by this Act the council is empowered or required to do or carry out.

406.

Duty of auditors.
Ibid., s. 219.

59 Vict., No. 10, s. 220.

Municipalities.

406. IN auditing the accounts of any municipality, the auditors shall disallow any expenditure which is not authorised by this Act, and may refer to the minutes of proceedings kept by such council to ascertain by whom such expenditure was authorised: And the individual members of the council, who have sanctioned any such expenditure as has been disallowed, shall be personally liable to individually and collectively make good to the council the amount. or amounts so spent: And the auditors shall certify to the council the amount of any unauthorised expenditure, and the names of the members who are liable to make good the same as aforesaid; and in case the said sums are not made good to the council, to the satisfaction of the auditors within seven days after such certificate is given, the auditors shall, in the name and on behalf of the council, sue for the same by action of debt in any Court, and shall. if it appears to such Court that such expenditure was not authorised, or was in contravention of any provision of this Act, be entitled to judgment for the sum or sums so spent by any person or persons sued, who appear to have concurred in such expenditure, and the amount so recovered by the auditors in any such action shall be forthwith paid over by them to the council. In any such action the minutes of the proceedings kept by the council shall be prima facie evidence of any facts therein stated, if it does not appear from the minutes what particular members of the council concurred in any particular expenditure, every member shall be deemed to have concurred until he proves the contrary.

6.

Division 2.-Special Audit.

407. THE Governor may, if he thinks fit, by notice in the Special auditors may Government Gazette, and upon the deposit of Twenty-five pounds be appointed. as security for costs and expenses at the request. in writing, of not less than fifty ratepayers, or of any creditor or creditors of the municipality, appoint for any municipality auditors who shall be called special auditors," and such special auditors shall, upon a day to be fixed by such auditors, not less than thirty days from the date of their appointment, proceed to hold a special audit of the accounts of the municipality for such period and purpose as the Governor may direct, and such special auditors shall forthwith notify in the Government Gazette and in some newspaper the fact of their appointment and the day so fixed, and the special auditors shall attend at the office of the council on the day so fixed for such special audit and one or both of such special auditors may at any time be removed by the Governor and another or others appointed in his or their stead.

Council to cause accounts to be

408. WHEN any day has been appointed, the council shall in like manner, as in case of ordinary annual audit, cause their accounts

Municipalities.

balanced for special

accounts to be balanced to a day not less than one month before the day so appointed, and a full statement and account to be drawn audit. out, and to be laid before the special auditors, as in the like case See ibid., s. 221. required with respect to an audit as hereinbefore provided, and the Local Government council shall, by the town clerk, produce and lay before the special Act (Vic.), s. 368. auditors all books, accounts. vouchers, papers, and writings whatsoever in their custody or power which may be called for by the special auditors. The special auditors shall forthwith, after such special audit, report to the Minister the result thereof, and the Report of special Governor may, within three months thereafter, confirm the same by notice in the Government Gazette.

auditors.

409. EVERY such report, when so confirmed, shall be con- Proceedings on conclusive evidence in all Courts, and for all purposes whatsoever of the firmation." fact of the misapplication of the money therein mentioned, of the amount so misapplied, and of the liability of the councillors mentioned in such report as having concurred in the misapplication

of money. The sum or sums of money mentioned in such report Recovery of sum may be recovered in any Court of competent jurisdiction, from any misapplied. one or more of the councillors mentioned in such report at the suit of a law officer or of any of the ratepayers of the municipality the accounts whereof have been audited, and such sum or sums so recovered shall be paid into the municipal fund or any other fund or account to which the same may belong.

Special auditors to

410. THE special auditors, before reporting, may appoint a time and place for hearing such explanations as may be offered by hear explanation. or on behalf of the council or any member thereof.

Local Government
Act (Vic.), s. 371.

audit.

Ibid., s. 372.

411. THE costs and expenses of and connected with every special audit shall be paid either wholly or partly out of the partly out of the Costs of special money's deposited as security, or either wholly or partly out of the municipal fund, as the Governor shall by order direct; and every order directing payment to be made out of the municipal fund shall, when published in the Government Gazette, be conclusive evidence of the right of the person or persons named therein to be paid out of such fund the sum therein mentioned, and such sum may be recovered by such person or persons from the council before two Justices or a Court of competent jurisdiction; and the Governor may direct that the whole or any portion of the money deposited as security be returned to the persons depositing the same.

PART XXII.-LEGAL PROCEEDINGS AND ENFORCEMENT OF ACT. Division 1.-Legal proceedings by and against municipalities. 412. NO person shall be entitled to recover damages against any municipality in respect of any loss or injury sustained by himself which actions for

or

Conditions under

negligence, etc., may be brought.

s. 223.

Municipalities.

or any other person or any property by reason of any accident upon or while using any street. bridge, ferry, wharf, or jetty under the See 59 Vict., No. 10, control of the council, or in respect of any tort, unless the following conditions are complied with, or in case such last-mentioned person or the then owner of such property may have died within the time hereinafter allowed for giving notice by the one of such conditions which is numbered (1), the one of such conditions which is numbered (4) is complied with:-

Service of notice and
legal proceedings.
Local Government
Act (Vic.), s. 519.

Power to stay action

complied with.

(1.) That notice in writing, stating the name and address of the person injured, or of the owner of such property. the nature of the accident, and the time and place at which it took place be given to the council by or on behalf of the person injured, or by or on behalf of the owner of such property, within twenty-one days after the occurrence of the accident, or the plaintiff shows some sufficient reason why the person injured, or the owner of such property was unable to give such notice.

(2.) That in case of injury to the person, the person injured
permit himself to be examined by any legally qualified
medical practitioner appointed by the mayor, and, if in
a fit state so to do, answer fully such reasonable inquiries
of such medical practitioner as may be necessary to enable
him to ascertain the extent of the injury.

(3.) That in case of injury to property, the property injured, if
it be possible so to do. be produced for inspection of
any person appointed by the mayor or town clerk.
(4.) That one month's notice, in writing, of any action be
given to the council, setting forth the particulars of
the demand so far as the same can be reasonably
supplied, and that the action be begun within six
months thereafter.

413. ANY summons, or notice, or any writ, or other proceeding at law requiring to be served upon any municipality may be served by being given personally to the town clerk.

414. IF any action for any such cause as aforesaid is comwhen conditions not menced by any plaintiff when the conditions herein before contained have not been complied with, and the council is able to prove by affidavit to the satisfaction of the Court in which the action is pending that such is the case, such Court may order such action to be stayed.

59 Vict., 10, part s. 223.

Documents, how
authenticated.

Local Government
Act (Vic.), s. 520.

415. EVERY order, summons, notice, or other document requiring authentication by the council may be sufficiently authenticated without the common seal of the municipality if signed by the mayor or town clerk.

416.

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