Page 291. Municipalities. writings in their custody or power 64 Vict., No. 8, Section 402.-See W.A. Law Reports, Vol. VII., 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 to expending its in 405. THE council may in any year expend out of the ordinary income of the municipality any sum not exceeding three per cent. Power of Council as of 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. be appointed. 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. 66 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 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. 410. THE special auditors, before reporting, may appoint a Special auditors to 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 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 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 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 (3.) That in case of injury to property, the property injured, if 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 com. when 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 8. 223. Documents, how Local Government 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. Municipalities. 416. NO fee shall be payable on the issue of any summons on Exemptions from the complaint of any council to enforce payment of any rates or fees. any offence against this Act or any by-law thereof. Ibid., s. 521. etc. 417. IF any person against whom any council has any claim Proceedings in or demand takes the benefit of any Act for the relief of bankrupts estates of bankrupts, the town clerk, in all proceedings against the estate of such insolvent or under any adjudication, sequestration. or act of bankruptcy against such bankrupt, may represent the council and act in their behalf in all respects as if such claim or demand had been the claim or demand of such town clerk. 418. IN all proceedings in any Local Court, or Court of Proceedings in Local summary jurisdiction, the town clerk may represent the council in Court. all respects as though he had been the party concerned. Ibid., s. 523. Action brought in See 58 Vict., No. 13, s. 16. 419. ANY municipality against whom any action of tort is brought in the Supreme Court may, by its town clerk, make an affidavit that the plaintiff has no visible means of paying the costs of be removed to Local the defendant council should a verdict not be found for the plaintiff, and thereupon a Judge of the Supreme Court may make an order that unless the plaintiff shall, within a time to be named in such order, give security for the defendant's costs to the satisfaction of the Registrar of the Supreme Court, all proceedings in that Court shall be stayed, and in the event of the plaintiff being unable or unwilling to give such security, the action shall be remitted for trial before a Local Court to be named in the order, and thereupon the plaintiff shall lodge the original writ and pleadings (if any) which have been delivered and the order with the clerk of such Local Court, who shall appoint a day for the trial of the action, notice whereof shall be sent by post or otherwise by the clerk to both parties or their solicitors and the action, and all proceedings therein shall be tried and taken in such Court as if the action had originally been commenced therein; and the costs of the parties in respect of the proceedings, subsequent to the order of the Judge of the Supreme Court, shall be allowed according to the scale of costs for the time being in use in the Local Courts, and the cost of the order and all proceedings previously thereto shall be allowed according to the scale of costs for the time being in use in the Supreme Court. In the event of any action being so remitted before the pleadings have been closed, the Local Court may order particulars or further particulars of the claim or defence to be delivered. Reimbursement of 420. THE town clerk shall be reimbursed out of the municipal fund all damages, costs, charges, and expenses to winch he may be officer. put, or with which he may become chargeable by reason of anything Local Government done, Act (Vic.), s. 524. |
