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Municipalities.

Effect of union on

Ibid., s. 21.

15. UPON any union of municipalities all the by-laws and regulations in force in any of the municipalities united at the time by-laws. of the union which are applicable to the altered circumstances shall become by-laws and regulations, respectively, of the municipality formed by such union, and may be by it repealed or altered, but until so repealed or altered every such by-law and regulation shall remain in force in the district only in which it was in force previous to such union; and every by-law and regulation which cannot be restricted to any particular district shall be deemed inapplicable, and all by-laws and regulations which are inapplicable to the altered circumstances shall be by such union repealed.

Effect of union on

16. UPON any union of municipalities, the council formed by such union shall, until the conclusion of the next annual election, Council. consist of all the councillors of the municipalities united or who may be elected to fill extraordinary vacancies.

Division 3.-Severance from Municipal Districts.

17. EVERY proclamation severing any portion of a municipality therefrom may abolish all the wards, and either constitute the municipality as undivided or re-divide the same into wards. Should the proclamation not abolish all the wards, the same shall be deemed to abolish every ward so severed, and as regards every ward of which a portion only is severed, shall either abolish such ward and annex the residue thereof to some other ward, or in separate portions to some other wards, or shall declare that such residue shall thenceforth be deemed a ward.

18. IN case any ward is abolished, the councillors returned therefor shall, upon such abolition, cease to be members of the council, and the number of the councillors shall be reduced accordingly.

Ibid., pt. s. 22.

Powers in event of

severance.

Ibid., s. 23.

Reduction in council

on cancellation of division.

Ibid., s. 24.

19. THE powers in that behalf hereinbefore provided shall Number not to be not be exercised in such a way as to reduce the number of councillors reduced to less than assigned to any municipality to less than six.

Division 4.-Annexation to Municipalities.

six.

Ibid., 8, 25,

How annexation of new division affects

20. WHEN a proclamation annexing any district to a municipality divided into wards retains the existing divisions and constitutes a new ward, such new ward shall immediately thereupon the council. be entitled to return as many councillors as sit for each of the previously existing wards, and the number of the council shall be increased accordingly, but the council shall not be otherwise affected by such proclamation.

21.

Effect of annexation on by-laws. Ibid., s. 30.

How division, alter

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, 8.10

Local Government
Act (Vic.), part s.33.

Exercise of the
powers conferred on
the Governor.
Local Government
Act (Vic.), s. 34.

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
Council.

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.

26.

Municipalities.

Signature of

PETITIONS for the exercise of the powers contained in
this Act must be signed respectively in manner hereunder provided petition.
(that is to say)—

(1.) For the constitution of a municipality, by not fewer than
fifty persons who would, upon the incorporation thereof,
be liable to be assessed for municipal taxes in respect of
land or household residence within any proposed
municipality, whether actually resident within the same
or not, including a majority of the persons on any
municipal roll in respect of land in any portion of
any municipality, roads board, or other corporation.
proposed to be included in such municipality.

(2.) For the union of municipalities, with the common seal of
the municipalities affected.

(3.) For the annexation to a municipality of a portion severed
from another or a roads board or other corporation, by
a majority of the persons on the municipal or other roll
in respect of ratable land in such portion.

(4.) For the annexation of an outlying district to a municipality,
by not less than twenty persons, either resident house-
holders or owners of ratable land within such outlying
district, with the common seal of the municipality to
which it is proposed to be annexed.

(5.) To divide or redivide any municipality or to alter the
boundaries of or abolish the wards existing in any
municipality by one-third of the persons on the muni-
cipal roll.

(6.) For the alteration of the number of councillors for any
municipality, with the common seal of the municipality.
(7.) To declare any municipality a city, with the common
seal of the municipality.

(8.) To alter the name of any municipality, with the common
seal of the municipality.

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.

34. EVERY petition shall state precisely what exercise of Form of petition. 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.

Petition may pray

35. THE same petition may pray for the exercise of any one or more of the powers herein before 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.

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 is so published shall be deemed the day of the publication thereof.

petition.

Ibid., s. 43.

Order to take effect

37. EVERY proclamation made under the provisions of this part of this Act shall be published in the Government Gazette, and on publication. shall take effect from the day of such 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 Vict., No. 10, evidence of the facts mentioned in such proclamations.

PART II.--MUNICIPAL COUNCIL, QUALIFICATION OF MAYOR,

AUDITORS, AND COUNCILLORS.

Division 1.-Qualifications.

s. 11.

councillors.

40. 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

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