Effect of annexation ation in the division, or in the number of councillors affects the council. Ibid., s. 31. When alterations in divisions deemed abolition or re division. Ibid., s. 32. Change of name of municipality. See 59 Vict., No. 10, s. 10 Local Government Exercise of the Municipalities. 21. UPON the annexation to a municipality of any portion severed from another municipality, roads board, or other corporation, all by-laws and regulations in force in the portion severed, which are applicable to the altered circumstances thereof, shall remain in force therein, and as so in force shall be deemed by-laws and regulations respectively of the municipality to which the same is annexed, and may by it be repealed or altered, and no by-law or regulation of such municipality the application whereof can be restricted to any separate portion of the municipality shall be deemed in force in such annexed portion unless and until it is by any by-law or by-laws provided otherwise; and all by-laws and regulations of the municipality, roads board, or other corporation of which such portion was severed, which are inapplicable to the altered circumstance, shall as to such severed portion be by such severance repealed. Division 5.-Division of Municipalities and Alteration in the 22. WHEN any proclamation is made whereby the number of Councillors in any municipality is altered, or any municipality is divided or redivided, such proclamation shall not affect the council or the filling-up of extraordinary vacancies therein until the conclusion of the annual election next after such proclamation takes effect. 23. A PROCLAMATION altering the boundaries of any wards in any municipality or annexing any portion to any ward shall not be deemed to redivide the municipality or abolish the wards thereof, or in any way to affect the council or councillors of the municipality, unless it is so expressed in the proclamation. Division 6.-Changes in Name. 24. AFTER the taking effect of any proclamation changing the name of any municipality, the name shall be changed accordingly; but such municipality shall notwithstanding be deemed the same before and after such change of name, and no action or other matter or thing shall be affected or abated thereby. Division 7.-Procedure. 25. THE Governor may exercise any of the powers hereinbefore conferred after the presentation of a petition in pursuance of the provisions of this Act for the exercise thereof, and after the publication of such petition as herein described and the lapse of one month at the least from the day of such publication, and except as hereinafter provided, not otherwise; but it shall be in the discretion of the Governor absolutely to refuse the prayer of any such petition or to grant the whole or any part thereof. 26. Municipalities. Signature of 26. PETITIONS for the exercise of the powers contained in (1.) For the constitution of a municipality, by not fewer than (2.) For the union of municipalities, with the common seal of (3.) For the annexation to a municipality of a portion severed (5.) To divide or redivide any municipality or to alter the (6.) For the alteration of the number of councillors for any (8.) To alter the name of any municipality, with the common A petition signed so as to support the exercise of any of the powers hereinbefore mentioned shall be deemed sufficiently signed to support the exercise of any other of such powers which may be necessary for the convenient exercise of such first-mentioned power. Ibid., s. 35, in part. Proportion altered from one-fourth. Power to adjust 27. THE Governor may by proclamation alter, for the purpose of adjustment, the boundaries of conterminous municipalities or boundaries. wards without petition. Ibid., s. 36. Counter-petition in 28. IF within one month after the publication of any petition praying for the constitution of a municipality, or the division or certain cases. redivision of or the alteration or abolition of the divisions in any municipality, Ibid., s. 37. Presentation of Municipalities. municipality, a counter-petition, in accordance with the provisions of this Act, signed by an equal or larger number of persons qualified to sign a like petition than have signed the petition be presented, no proclamation shall be made on such petition. 29. EVERY petition and counter-petition shall be addressed petition and counter- to the Governor, and shall be left with the Minister, which shall be petition. deemed the presentation thereof. Ibid., s. 39. Verification of petition. Ibid., s. 40. Second Schedule. Scrutiny of signatures. Power to take evidence. See ibid., s. 45. Report. See ibid., s. 45. 30. THE signatures to any petition or counter-petition shall be verified by solemn declaration made before any Justice of the Peace of some person signing the petition; and such declaration shall be in the form or to the effect in the Second Schedule hereto, and no petition or counter-petition shall be received by the Minister unless the same be accompanied by a declaration in accordance with the provisions of this section. 31. IF it shall be credibly represented to the Minister that any of the signatures to any petition or counter-petition are not the signatures of the persons whose signatures they purport to be, or that any such signatures are those of persons not qualified to sign, or that certain persons have signed both the petition and counterpetition, or that in any other respect the provisions hereof with regard to such petition or counter-petition have not been complied with, or if it shall seem expedient to ascertain the truth of any matter to which such petition or counter-petition refers, it shall be lawful for the Minister to cause an inquiry to be made with respect thereto, and the consideration of the matter by the Governor shall be deferred until the person appointed by the Minister to make such inquiry shall have made and submitted his report thereon. 32. FOR the purpose of every such inquiry it shall be lawful for the person appointed in that behalf by the Minister to hear, receive, and examine evidence, and by summons under his hand to require all such persons as he may think fit to appear personally before him, at a time and place to be appointed in such suminons, and to produce before him all such books and papers in their possession or under their control as may appear necessary for their examination, and other the general purposes of this inquiry. 33. THE results of such inquiry shall, within one month after such appointment as aforesaid, be embodied in a report to the Minister, and submitted to him by the person so appointed; and after consideration of such report the Governor shall take such further proceedings in connection therewith, under the provisions hereof, as may be deemed necessary. 34. Municipalities. Form of petition. 34. EVERY petition shall state precisely what exercise of any of the powers herein before conferred on the Governor is sought by the petitioners, and shall pray for the specific exercise thereof. Ibid., s. 41. Every petition for the constitution of a new municipality, or the division or re-division of a municipality shall describe the boundaries of the proposed new municipality of the district proposed to be annexed or of every proposed division, as the case may be, and every petition shall state an address at which notices may be served on the petitioners. 35. THE same petition may pray for the exercise of any one Petition may pray or more of the powers hereinbefore conferred on the Governor, and for the exercise of every petition shall be framed so as to enable the subject-matter of more powers than such petition to be completely disposed of in one proclamation. one. Ibid., s. 43. 36. ON the presentation of any petition the Minister shall cause Publication of subthe substance and the prayer thereof to be published in four issues stance of prayer of of the Government Gazette, and the last day on which such petition petition. is so published shall be deemed the day of the publication thereof. 37. EVERY proclamation made under the provisions of this part of this Act shall be published in the Government Gazette, and shall take effect from the day of such publication. Order to take effect on publication. Ibid., s. 46. Rectification of errors. 38. ANY error in any proclamation under this part of this Act or under any of the analogous provisions of the Acts hereby repealed may be rectified by the Governor by any subsequent Ibid., s. 47. proclamation. 39. A COPY of the Government Gazette purporting to be Gazette to be eviprinted by the Government Printer, containing any such proclama- dence. tion as aforesaid, shall be received in all places and at all times as 59 Viet., No. 10, evidence of the facts mentioned in such proclamations. PART II.--MUNICIPAL COUNCIL, QUALIFICATION OF MAYOR, 40. AUDITORS, AND COUNCILLORS. Division 1.-Qualifications. s. 11. councillors. UNLESS disqualified under this Act, every owner or Qualification of occupier liable to be rated in respect of land of the ratable value of mayor and not less than Ten pounds shall be eligible for election as a mayor or councillor for any such municipality: Provided that no councillor See 59 Vict., No. 10, shall be capable of being elected an auditor in and for the munici- (amended). pality of which he is a councillor. 41. ss. 55, 56 NO female nor minister of religion, and no uncertificated or Disqualifications. undischarged bankrupt, and no person attainted of treason or convicted Local Government Act (Vic.), s. 50. Municipalities. convicted of felony or perjury, or any infamous crime; no person of unsound mind, nor any person under composition with his creditors See 59 Vict., 10, s. 54. by any deed of assignment or arrangement under or by virtue of the Bankruptcy Act, 1892, or any amending Act, duly executed by him, shall be capable of being or continuing a mayor, auditor, or councillor of any municipality. Disqualification the ground of interest. on 42. NO person holding any office or place of profit under or in the gift or disposal of the council of any municipality, or concerned or participating in any manner, whether directly or indirectly, in any 59 Vict., No. 10, s. 54. contract or employment with any municipality or in any works to be done under the authority of any such council, shall be capable of being or continuing mayor or councillor of the municipality: Provided that such disqualification shall not extend to any mayor or councillor by reason of his being beneficially interested in any newspaper in which the council inserts advertisements, or by reason of being a proprietor or shareholder, or a shareholder in any duly incorporated company, having at least twenty bona fide shareholders, during a contract or contracts with any council, or who, in the ordinary course of business, and not pursuant to any written contract bona fide sells goods to or does work for such municipality; but no mayor or councillor being such proprietor or shareholder, or selling goods to or doing work for, as aforesaid, shall take part in any discussion, or vote on any question relating to any such matters as aforesaid in which he is interested. Qualification and dis 43. THE disqualification for the office of auditor shall be the qualification of audi- same as in the case of a mayor or councillor. tors. No mayor, councillor, or auditor to enter on office till he has taken oath. See ibid., s. 97. 44. NO person elected to be mayor, councillor, or auditor under this Act shall be capable of acting as such until he has first taken the oath of allegiance to Her Majesty, Her Heirs and successors as follows:- —“I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Colony of Western Australia. So help me God." And in like manner has made and subscribed the declaration following (that is to say): "I, A.B., having been elected mayor (or one of the auditors or councillor, for as the case may be), do hereby declare that I take the said office upon myself, and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability." And in case any person elected as mayor, councillor, or auditor does not within two months after his election take such oath and make and subscribe such declaration, his seat shall become vacant. The said oaths shall be taken by reading the same aloud in the municipal chamber or other place |
