Page 217. 64 Vict., No. 8, Section 140.-See W.A. Law Reports, Vol. VI., p. 61. Auditors to be elected. 59 Vict., No. 10, s. 14 with addition. Mode of election. See Local Govern Municipalities. Division 2.-Auditors. 134. TWO auditors shall be elected annually for every municipality. The Governor may at any time remove any auditor elected for a municipality on the petition of the council thereof: Provided that, notwithstanding anything in this Act, the Governor may appoint, from time to time, any person or persons as inspector of accounts, who shall, during the hours from 9 a.m. to 4 p.m., or such other hours as the Governor may appoint, be entitled to inspect and examine any book or books, accounts, or documents. 135. NOTWITHSTANDING the division into wards of any municipality, auditors shall be elected for the whole municipality, ment Act (Vic.), s. and an election for auditor or auditors shall be conducted in the same manner as an election of mayor. 160. Time and place of Extraordinary 136. THE annual election of auditors shall take place at the same time, and at the same polling place or places as the annual election of mayor. 137. ON any vacancy occurring in the office of any auditor vacancy in the office elected for any municipality by death, removal, or resignation, the like proceedings shall be taken to fill such vacancy as upon an extraordinary vacancy in the office of mayor. of auditor. Ibid., 162. 138. THE auditors for every municipality shall be paid out of Payment of auditors. the municipal funds such remuneration as the council may from See 59 Vict., No. 10, time to time appoint. 6. 15. office. Ibid., s. 165. PART IV.-OUSTER FROM OFFICE. 139. IF any person be declared elected to be, or hold or exerCourt to oust from cise the office of mayor, councillor, or auditor of any municipality unduly, or contrary to the provisions of this Act, or being incapable under the provisions hereof of being or continuing such mayor, councillor, or auditor, the Supreme Court may oust such person of such office: Provided that no person shall be ousted under the powers herein contained as having been elected unduly or contrary to this Act, unless proceedings be taken for that purpose before the expiration of two months from the declaration of such election. Procedure for the foregoing purpose. Ibid., s. 166. Disputed elections, etc. 140. SUBJECT to any rules of the Supreme Court for the time being in force in that behalf, any such person, as in the last preceding section mentioned, may be ousted of any such office in manner hereinafter appearing, that is to say:-Upon affidavit of the facts, and upon payment into Court of the sum of Twenty pounds as security for costs to abide the event of such application, it shall be lawful for the Supreme Court or any Judge thereof to grant a rule or Municipalities. or order calling upon such person to show cause to the Court why he should not be by the said Court ousted of the said office; and whereupon, on the return of such rule or order, it appears to the Court that such person so elected, or holding or exercising such office, was elected unduly or contrary to this Act, or was at the time of his election, or while holding or exercising such office respectively, incapable, under the provisions hereof, of being or continuing such mayor, councillor, or auditor, as the case may be, the Court may make such rule or order absolute, or if the matter do not so appear, may discharge such rule or order, and in either or every such case, with or without the payment of costs to or by either party as to the Court may seem meet; and the person against whom any rule is made absolute as aforesaid shall be deemed thereby to be ousted of such office accordingly. direct an inquiry to Ibid., s. 167. 141. SUBJECT to any rules of the Supreme Court for the time being in force in that behalf, it shall be lawful for the Supreme Court, Supreme Court may or any Judge thereof, where any proceeding, whether under this Act be made. or not, with respect to any election as having been made unduly or contrary to this Act, or with respect to the unlawful holding or exercise by any person of the office of mayor, councillor, or auditor hereunder, is depending in such Court, to order from time to time, that an inquiry be held by any fit person to be named by the said Court or Judge in the order, touching any matters of fact which it seems to the said Court or Judge necessary or expedient to ascertain for dealing with the proceedings so depending, and that such person do report to the said Court touching the said matters and the provisions of any Act now or hereafter to be in force relating to evidence, so far as the same apply to powers, rights, or liabilities conferred or imposed, in case of an order for the issue of a commission for the examination of witnesses, except so far as relates to costs and the conditions under which examinations or depositions are to be read in evidence, shall be deemed to apply in case of any order under this section in like manner as if the person ordered to report hereunder had been authorised and required to take examinations under any such commission; and such person shall have power to call upon the town clerk for and to inspect the ballot papers. PART V. THE COUNCIL, ETC. meetings of ratepayers. 142. (1.) THE council shall hold two meetings of ratepayers within each year, namely, in the months of May and November; General and special that held in the month of November, hereinafter called the annual meeting, shall take place at least one week before the day of the 59 Vict., No. 10, s. 18, annual election; and also special meetings upon the requisition of slightly altered, at least one-third of the number of councillors, or upon the request in writing of twenty-one ratepayers. (2.) Municipalities. (2.) The mayor shall give seven clear days' notice of the day on which such meeting will be held, by publishing notice thereof in some newspaper, and by posting such notice in some conspicuous place or places outside the building in which the council usually assembles for the transaction of business. 143. THE council shall hold ordinary meetings for the transOrdinary meetings of action of general business at the office of the council on such day and hour in each week, or such other time, at least once in each month, as the council shall from time to time appoint. council. Ibid., s. 19. at meetings of the council. 144. AT all meetings of the council, save where it is otherwise Decision of questions herein provided, all the councillors present shall vote, and the questions there considered shall be decided by open voting and by the majority present; and if there be an equal division of votes upon any question, the mayor or councillor chosen to preside at such meeting shall, in addition to his own vote, have a second or casting vote. Local Government Quorum of council. s. 20. 145. ALL powers vested in the council may be exercised at any meeting holden in pursuance of this Act by any number of See 59 Viet., No. 10, councillors present, forming, exclusive of the mayor, or councillor chosen to preside in his absence, not less than one-third of the number of councillors assigned to the municipality; and no business shall be transacted at any meeting of the council unless the said number of councillors be present. See Local Government Act (Vic.), s. 172. Disqualification to vote. 146. NO councillor or member of a committee or sub-committee shall vote or take part in the discussion in or before the council, or a committee or sub-committee upon or concerning any matter in 59 Vict., No. 10, s. 29, which such councillor or member has directly or indirectly, by himself or his partners, or fellow shareholders, any pecuniary interest; and any councillor or member who knowingly votes or takes part in such discussion shall be guilty of an offence against this Act, and shall, for every such offence, be liable to a penalty not exceeding Fifty pounds. Adjournment of meetings. Local Government 147. THE councillors present at any meeting may from time to time adjourn such meeting; and if at any meeting of the council there be not present within a quarter of an hour after the time appointed for such meeting, the number of councillors hereby authorised to exercise the powers vested in the council, the councillors present, or the major part of them, or any one councillor, if only one be present, or the town clerk. if no councillor be present, may adjourn such meeting to any time not more than seven days from the date of such adjournment. 148. Municipalities. 148. IF the day for any meeting or adjourned meeting by this As to proceedings Act required to be held for the transaction of any business or act falling on Sunday, or the last day for any act required to be done falls on a Sunday, etc. Good Friday, Christmas Day, public or gazetted holiday, such 59 Vict., No. 10, s. 30. meeting shall be held, or act done, on the day next ensuing, or within three days next thereafter; and every person whose term of office would, according to the provisions hereof, have expired on any Sunday, Good Friday, Christmas Day, or holiday shall, during the interval aforesaid, continue in exercise of all the powers and duties of such office. Notice of extraor Local Government 149. WHERE any business other than the ordinary business is required or intended to be transacted, done, or adopted at any ordinary dinary business. meeting of the council, notice thereof shall be given to each of the councillors; and no extraordinary business shall be transacted Act (Vic.), s. 176. at the ordinary meetings unless due notice thereof has been given at a prior meeting, and sent to each councillor. voked or altered. Local Government 150. NO resolution at any meeting of the council shall be revoked, rescinded, or altered at any subsequent meeting, unless notice Resolutions, how reof the intention to propose such revocation, rescission, or alteration be given to each of the councillors seven days at least before holding Act (Vic.), s. 177. the meeting, nor unless revocation, rescission, or alteration be determined upon by a majority, consisting of two-thirds of the councillors present at such subsequent meeting, if the number of councillors present at such subsequent meeting be not greater than the number present when such resolution was come to, or by a majority if the number of councillors present at such subsequent meeting be greater than the number present at such former meeting. council. 59 Vict., No. 10, s. 19. 151. THE mayor may call a special meeting of the council as often as he thinks proper, and shall call such meeting on receiving Special meetings of a requisition for that purpose, signed by at least one-third of the number of councillors; or, if he refuses or delays to call such meeting after receiving such requisition, the councillors signing such requisition may call such meeting, but in that case at least twentyfour hours' notice shall be given to each councillor, signed by the person or persons calling the meeting, and stating therein the business to be transacted. Notice of meetings. Act (Vic.), s. 180. 152. ALL notices of any meeting or adjourned meeting of the council shall be written and shall be delivered. or sent by the post or otherwise, to the place of abode, or to the usual place of Local Government business (if any) within the municipality of each of the councillors previous to such meeting; and every such notice shall specify the time of meeting, and in case of a special meeting shall specify the object thereof, and no business shall be transacted at any special meeting except such as is stated in the notice thereof. 153. Council may appoint committees. 59 Vict., No. 10, s. 23, with addition. Municipalities. 153. THE council may from time to time appoint a committee or committees of councillors, of which the mayor shall er officio be a member, and may fix the quorum for any such committee, and may delegate to any such committee or committees such of its powers and duties as it thinks fit, and may from time to time make. such rules as it thinks fit for the guidance of such committee or committees, and may from time to time remove any members thereof, and appoint in the stead of them or any of them other councillors. A member of any committee may resign, and the resignation shall be complete on the same being handed to the town clerk. 154. THE proceedings of such committee or committees shall, Proceedings need not unless otherwise ordered by the council, require the approval of be approved. Ibid., s. 24. to be limited. Ibid., s. 26. the council. 155. IN no case shall any committee be authorised to borrow any Power of committees money or to declare any rate; and no expenditure or contract to expend, or pay any sum of money exceeding Twenty pounds made by any committee shall be lawful or valid unless such committee has been authorised to make such expenditure, payment, or contract, or unless if not so authorised such expenditure, payment, or contract is afterwards approved of or ratified by the council. Meetings, chairman, etc., of committee. Ibid., ss. 27 and 28. Committee may appoint subcommittee. Ibid., s. 25. No want of capacity to invalidate, etc., of any person to be See ibid., s. 32. 156. EVERY committee may meet from time to time, and may adjourn from place to place as they may think proper, but no business shall be transacted at any meeting of a committee unless a quorum of members as appointed by the council are present. The mayor shall be ex officio chairman of all committees, and, in his absence, every committee shall appoint one of its members chairman, and all questions shall be determined by a majority of the votes of the members present, and in case of an equal division of votes the chairman shall have the casting vote, in addition to his vote as a member of the committee. 157. A COMMITTEE appointed as aforesaid may appoint a sub-committee of its members to execute and discharge any of the powers and duties of such committee; but the acts of such subcommittee shall be submitted for approval to the committee by which such sub-committee is appointed. 158. ALL proceedings of the council or of a committee of the council shall, notwithstanding it may be afterwards discovered that there was some error or defect in the election or appointment of the mayor or councillor, or that they or any of them were incapable of being mayor or councillor, be as valid as if every such person had been duly elected and appointed, and was capable of being a mayor or councillor. 159. |