Municipalities.

affect the right of the council to proceed against any such person or company under any law or by-law now or hereafter in force relating to the abatement of nuisances or the punishment of persons guilty of creating or causing nuisances.

Division 3.-Licensing of Dancing Saloons.

Dancing rooms may

199. THE council may, on the application of twenty householders resident in the immediate neighbourhood, for such term, on be licensed. payment of such sum, and subject to such conditions as the council 59 Vict., No. 10, may direct, license any room or saloon (not on premises licensed s. 106. under "The Wines, Beer, and Spirit Sale Act of 1880," or any Act (Vic), s. 228. amendment thereof) as a dancing room or saloon where payment may be received or taken for admission thereto.

200. IF upon inspection or satisfactory evidence it appears to

Local Government

the council that on account of the position or insufficiency of the refused or cancelled. premises, or the improper character of the applicant or any persons Ibid., s. 107. resorting thereto, or from other sufficient cause, or the non-fulfilment Ibid., s. 229. of any conditions of the license it is desirable or expedient so to do, the council may refuse to license or may cancel the license of any such room or saloon.

ing saloon not

201. IF any person keep open or maintain any such dancing room or saloon in any house, tent, or edifice, the same not being Penalty where dancduly licensed, or if any person take or receive, either directly or licensed. indirectly, payment for the admission of any other person thereto, Ibid., s. 108. he shall, on conviction thereof before any two Justices of the Peace, Ibid., s. 230. forfeit and pay a sum not exceeding Twenty pounds nor less than Five pounds, or be imprisoned for any period not exceeding three months.

PART VII.-LANDS AND PROPERTY OF MUNICIPALITIES OR OF
WHICH THEY ARE TRUSTEES.

Vesting of property.
Local Government

202. ALL lands, tenements, hereditaments, and premises, and property of every description whatsoever vested in, belonging to, or under the care, control, or management of any council shall be Act (Vic.), s. 231. and continue vested in, belonging to, and under the care, control, and management of such council.

Power to sell.

Any council may, with the consent of the Governor, sell and convey in fee simple, or for any lesser estate, any lands purchased 59 Vict., No. 10, s. 6. for value or acquired by such municipality from Her Majesty in Council, or any other person, which are not in the opinion of the

council

Power to lease for

etc.

Municipalities.

council required for the purposes of any undertaking for which the same were purchased.

203. ANY council may from time to time let or lease any purposes of cricket, lands granted by the Crown to the municipality or any reserves or commonages, or any part or parts of such lands, to any person for the use of any cricket, athletic, football, lawn tennis, bowling, or other clubs, or to any person for any other purpose for any period or term, at such rent and under and subject to such terms and conditions as the council deems expedient: Provided that no such letting or lease shall exceed three years without the consent in writing of the Governor.

Ibid., s. 116.

Power to lease market reserves.

204. ANY council may let on lease for any term, and subject to any exceptions, reservations, covenants, and conditions, any lands See 59 Vict., No. 10, within the municipality reserved for market purposes.

205. WHENEVER the council have been heretofore, or shall be hereafter, appointed trustees of any cemetery, all hereditaments and property granted or held on trust by such council or other the trustees of such cemetery, for the purposes of such cemetery, shall vest in the municipality, subject to the trusts affecting the same; and the council shall have and perform all the powers and trusts by law conferred on the trustees of such cemetery.

PART VIII.-CONTRACTS.

206. THE council shall, in the name and on the behalf of the municipality, enter into contracts for the purposes of this Act, and every such contract may be made, varied, or discharged as follows (that is to say):

(1.) Any contract which, if made between private persons, would be by law required to be in writing and under seal, the council shall make in writing and under the common seal of the municipality, and in the same manner may vary or discharge the same.

(2.) Any contract which, if made between private persons, would be by law required to be in writing, signed by the parties to be charged therewith, the council shall make in writing, signed by the council or any two of its number acting by the direction and on behalf of the council, and in the same manner may vary or discharge the same.

(3.) Any contract which, if made between private persons, would be by law valid, although made by parol only, and not reduced in writing, the council or any two of its number

acting

Municipalities.

acting by the direction and on behalf of the council may
make by parol only, without writing, and in the same
manner may vary or discharge the same.

And all contracts made according to the provisions herein
contained shall be effectual in law, and shall be binding on the
council and all other parties thereto, their successors, heirs, executors,
or administrators, as the case may be, and in case of default in
the execution of any such contract, either by the council on behalf
of the municipality, or by any other party thereto, such actions or
suits may be maintained thereon, and damages and costs recovered
by or against the municipality, or the other parties failing in the
execution thereof, as might have been maintained and recovered had
the same contracts been made between private persons only.

land.

207. THE council may purchase land from any person who may be willing to sell the same for the purpose of executing any of Power to purchase the works and undertakings the council may be authorised to See 59 Vict., No. 10, execute, and may pay the purchase money out of the municipal 8. 6. fund, or any other moneys applicable for the execution of such works and undertakings, and may, for any such purpose as aforesaid, Act 1283 (Vic.), s. take on lease for any term and subject to any such covenants and conditions as the council shall think reasonable, any land, and may pay the rent with or without any fine as may be agreed upon out of the municipal fund or any other moneys applicable.

208. THE council may compound with any party who has entered into any contract with the council or with any person by or against whom any action or suit has been brought for any cause whatsoever, for such sum or sums of money or other recompense as the council may think proper, and may submit all or any matters in dispute to arbitration.

101.

breaches of contract.

Composition for

See Local Govern

ment Act (Vic.), s.

376.

Power to contract

bodies.

209. SUBJECT to the approval of the Governor, it shall be lawful for the council from time to time to contract upon such terms with other municiand conditions as they may see fit with any other council or public palities and public body for or with respect to the doing and the control and management by either or both of the contracting parties of any matter or Ibid., s. 377. thing which such contracting parties are or either of them is by law empowered to do, control, and manage, and to carry out every such contract according to the tenor thereof.

PART IX.-POWER TO TAKE LAND FOR WORKS AND

UNDERTAKINGS.

210. SUBJECT to the provisions of this Act, the council may,

compulsorily.

within the municipality, with the consent of the Governor, take land Power to take land compulsorily for the purpose of executing any of the works and Ibid., s. 378. undertakings authorised by this Act.

211.

Plans, etc., to be prepared.

Ibid., s. 379.

Publication of notice.

Ibid., s. 380.

Objections.

See ibid., s. 381,

altered as to time

Municipalities.

211. WHENEVER any council deem it expedient to execute any work or undertaking for the purposes whereof the exercise of any compulsory power of taking land will in their opinion be necessary or desirable, they shall cause to be prepared such specifications, maps, plans, sections, and elevations as may be necessary, expressing the nature and extent of such work or undertaking, and the exact site and admeasurements thereof, and on or through what lands the same is proposed to be placed and to be extended, and the names of the owners or reputed owners, lessees, or reputed lessees, and the occupiers thereof so far as is known; and the same, when so prepared and approved by the council, shall be deposited at the office of the council, and shall be open for inspection by all persons interested at all reasonable hours for the space of twenty-one clear days after notice has been given by advertisement in the Government Gazette as next hereinafter provided.

212. THE council shall, after the said specifications, maps, plans, sections, and elevations have been deposited, publish in the Government Gazette and in some newspaper a notice describing shortly the purport of the said specifications, maps, plans, and other papers, and stating that the same are deposited for inspection, and the place where they are so deposited, and calling upon all persons affected by the proposed work or undertaking to set forth in writing, addressed to the town clerk, within twenty-one days of the publication of such notice in the Government Gazette, all objections which they may have to the work or undertaking, and shall further, within one week after such publication as aforesaid, serve a notice in manner hereinafter mentioned on every owner or reputed owner, lessee, or reputed lessee, or occupier of such lands, defining in every case the particular land intended to be taken, and requiring an answer, stating whether the person so served assents, dissents, or is neuter in respect of taking such land, such notice to be served

By delivering the same personally to the person requiring to be served, or, if such person is absent from the Colony, to his agent; or

By leaving the same at the usual or last known place of abode of such person as aforesaid; or

By forwarding the same by post in a registered letter addressed to the usual or last known place of abode of such person.

213.

AT the next ordinary meeting of the council, after the expiration of twenty-one days from the publication of such notice, any person affected by the proposed work or under

taking

Municipalities.

taking, or his agent or manager for the property in respect of which he is so affected, who has set forth in writing his objections to the said work or undertaking within the time hereby limited for the purpose, may appear before the council in support of such objections.

214. THE council shall, touching all such objections, have authority to hear, receive, and take evidence, and by summons under the hand of the mayor, require all such persons as the council may think fit to appear before the council at a time to be fixed in and by such summons, and to produce all books and papers in their possession or under their control as may appear necessary for the purpose of their examination; and the mayor shall administer and take for the council all necessary oaths, affirmations, and declarations.

to be taken compul.

215. IF, after the expiration of such term of twenty-one days Order for execution and hearing all objections (if any) so set forth as aforesaid, and such of work. evidence as the council may require, it appears to them expedient to Ibid., s. 383, altered proceed with the work or undertaking, the council may make an as to time. order directing the work or undertaking to be executed according to Confirmation of order the specifications, maps, plans, sections, and elevations deposited as when land required aforesaid; and if it is found to be necessary for the purposes of any sorily. such work or undertaking to take any land compulsorily, may cause such order, together with such copies of all specifications, maps, plans, sections, and elevations, and with the written objections (if any), to be transmitted to the Minister; and the Minister shall consider the same respectively, and shall, for the purpose of such consideration, have the like powers as are by the last section vested in the council, and may confirm the said order with or without variation, or` may disallow such order, and notice of the confirmation or variation thereof shall be published in the Government Gazette.

216. UPON the confirmation of such order the council shall be authorised to take and use, subject to the provisions hereinafter After confirmation, contained, for the purpose of such work or undertaking, all such executed. land as is described in and by the said specifications, maps, plans, Ibid., s. 381. and sections as being required for the said work or undertaking: Provided that the council shall make to the owners of, and all persons interested in, any lands taken or used for the purpose of such work or undertaking, or injuriously affected by the execution thereof, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers, and other persons by reason of the exercise of the powers vested in the council by this Act; and the amount of this compensation shall be ascertained in manner hereinafter provided.

217.