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Municipalities.

(d.) For the hawking of fruit, fish, and vegetables, or any article of merchandise;

(e.) For movable or temporarily fixed stalls in or near any street for the sale of meat, fruit, vegetables, drink, eatables, or articles of merchandise;

(f) For the driving and keeping of passenger vehicles, tram and motor cars, wagons, drays, carts, or other vehicles for the carrying of goods and merchandise;

(g.) For the removal of the contents of any drain, water-
closet, earth-closet, privy, cesspool, ashpit, or other

place used for a similar purpose, or of any noxious or
offensive matter;

(h.) For the erection or use of slaughter-houses;

i.) For carrying on the trade or calling of a chimney

sweep;

(j.) For driving and depasturing horses, sheep, cattle, pigs, goats, camels, asses, or mules over and upon park lands and public reserves;

(k.) For the use and employment of hand-carts in streets or

ways;

(1.) For keeping and maintaining any suitable premises as a
bazaar or repository for the sale therein of horses,
cattle, carriages, and other vehicles, or any of them,
respectively, as the council may deem proper;

(m.) For the appointment of general porters;
(n.) For the erection in any public place of one or

more

machines or engines with a suitable house or building
thereto, for the weighing of vehicles conveying any goods
or merchandise whatsoever;

(0.) For the carrying on the trade or business of a condenser

of water;

(p.) The council may grant licenses under the Cart and Carriage Licensing Act, 1876, to any cart, as thereby defined, used within the limits of the municipality; and in addition to any other license or fee now required by law for such cart, may charge a license fee for such cart at a rate not exceeding Ten shillings for any one whole year. And the several provisions contained in the Cart and Carriage Licensing Act, 1876, with respect to carriages, shall be deemed to be applicable to carts licensed under this Act; but no person residing at least three miles from the nearest limits of a municipality shall be required to take out from any municipality a

license

Coming into opera

Municipalities.

license for a cart, if such cart be used solely as a means of conveyance into or through the limits of a municipality from and to places beyond such limits.

(4.) For the posting of bills or painting advertisements upon buildings, fences, verandahs, or any other place abutting upon, or facing into any street or way.

(r.) For the opening of streets, ways, or footways.

(s.) For the cutting, collecting, or removing of timber, firewood, stone, or other material from or on public reserves

or commons.

And the council may fix the fees for all such licenses, and may prohibit the doing by unlicensed persons of any act or thing for which a license may be granted under the provisions of this section, and any unlicensed person doing such act or thing shall be guilty of an offence against this Act, summarily punishable upon conviction before two Justices of the Peace, and shall be liable to pay any sum not exceeding Twenty pounds for every such offence.

170. ANY by-law adopting any provisions of the Tenth tion of by-law adopt. Schedule hereto shall come into operation immediately on the publication thereof in the Government Gazette.

ing schedule.

59 Vict., No. 10, 8. 100.

(2.)-Manner of making.

171. BY-LAWS, regulations, and joint regulations may be Making of by-laws, made for municipalities in the manner hereinafter mentioned.

etc.

Loc. Gov. Act (Vic.) s. 198.

172. EVERY by-law and regulation shall be passed by the Passing and sealing council and sealed with the common seal of the municipality.

of by-laws, etc.

Ibid., s. 199.

173. JOINT regulations shall be passed separately by the council Passing and sealing and sealed with the common seal of every municipality concerned in

of joint regulations.

Ibid., s. 200.

councils whose con

to concur. Ibid., s. 202.

making the same.

174. WHEN any provision is adopted by virtue of which the Provisions in case of councils of any municipalities are empowered to make any joint sent required failing regulation, and no joint regulation has been made thereunder, any of such councils may cause to be prepared a draft of a proposed joint regulation, and may submit the same to each of the other councils for their approval; and if within three months after such draft is so submitted all the councils concerned do not agree in passing a joint regulation under such provision, any one or more of such councils may pass and seal such regulation, and the Governor may thereupon, if he thinks fit, after notice to the councils of all the municipalities. concerned, confirm such joint regulation with or without alterations, and the joint regulation so confirmed shall have the same force and effect

Municipalities.

effect as if it had been passed by all the councils concerned in making the same, and sealed with the common seals of their respective municipalities.

By-laws to be

and gazetted.

175. BY-LAWS shall not be inconsistent with or repugnant to any of the provisions of this Act, or to any law in force, and when approved by the confirmed by the Governor, and published in the Government Governor in Council Gazette, shall have the force of law within the limits of the municipality or any area under the control or jurisdiction of the 59 Vict., No. 10, council, unless restricted to a portion only of such municipality or area; and copies thereof shall be forthwith laid before both Houses of Parliament, if Parliament be then sitting, and if not, then within fourteen days after the next assembling of Parliament. ·

s. 100.

By-laws adopting

176. IN gazetting and advertising the adoption of the Tenth Schedule hereto, or any part of it, as a by-law, it shall be sufficient schedule, how to set out in the advertisements the headings and parts and clauses gazetted. of such schedule so adopted as a by-law.

Provision for the

177. IF after the coming into operation in and for any two or more municipalities of any provision authorising the making of joint accession of other regulations, any joint regulation has been made thereunder, whether councils where a the same is yet in force or not, and if after such making the said joint regulation is in provision has come into operation in any other municipality so that Local Government the council thereof is under such provision empowered to make, Act (Vic.), s. 205. together with the councils of such first-mentioned municipalities, joint regulations for the purposes of such provision, any such joint regulation theretofore made under such provision for the firstmentioned municipalities shall, so far as applicable, be deemed to be a joint regulation of all the councils of all the municipalities in this section referred to to all intents and purposes, as though the same had been made by all, and although not purporting to apply to the municipalities in which such provision shall so lastly have come into operation.

178. THE council may from time to time appoint or alter Forms. forms of applications, certificates, licenses, registration, registry Ibid., s. 206. books, and other books, documents, or instruments mentioned in any part of the Tenth Schedule hereto, and the expression "the appointed form," or any like expression in the said Schedule shall be deemed to apply to a form so appointed.

(3.)-How repealed.

Manner of altering or repealing.

179. EVERY by-law in force in any municipality may be altered or repealed by any subsequent by-law inconsistent therewith, or expressly altering or repealing the same in force in such Ibid., part s. 207. municipality.

180.

Repeal of regulations.

Ibid., part s. 207.

Municipalities.

180. EVERY regulation in force in any municipality may be altered or repealed by any subsequent regulation inconsistent therewith, or expressly altering or repealing the same in force in such municipality.

181. EVERY joint regulation in force in any municipalities may Repeal of joint regu- be altered or repealed by any subsequent joint regulation inconsistent therewith, or expressly altering or repealing the same in force in such municipalities.

'ations..

Ibid., part s. 207.

Effect of repeal.
Ibid., s. 210.

Joint regulation after union.

Ibid., part s. 211.

Joint regulation.
Ibid., part s. 211.

By-laws, how in-
tituled and num-
bered.

Eleventh Schedule.
Ibid., s. 212.

Regulations, etc.,

how intituled and
numbered.

Twelfth Schedule.
Ibid., s. 213.

182. NOTWITHSTANDING the repeal of any by-law or regulation or joint regulation, every offence wholly or partially committed against such by-law or regulation before the repeal thereof shall be heard, determined, and punished, and every act or proceeding done or commenced, and every right, privilege, and protection acquired, and every liability incurred, shall continue, be prosecuted, and be of the same force and effect as if such by-law, regulation, or joint regulation had not been repealed.

183. WHEN any joint regulation is in force in any municipalities, and such municipalities are united, such joint regulation shall become the regulation of the municipality formed by such

union.

184. WHEN any joint regulation is in force in any three or more municipalities, and any number of such municipalities less than the whole are united, such joint regulation shall become the joint regulation of the municipality formed by such union and the remaining municipality or municipalities.

(4.)-In what form.

185. ALL by-laws shall be in the form or to the effect in the Eleventh Schedule, and shall be intituled according to the purport thereof and to the part, subdivision, or section of this Act under which they are made, and shall be numbered consecutively and so that no by-law shall bear the number borne by any other by-law of the municipality whether in force or repealed.

186. ALL regulations and joint regulations made under this Act shall be in the form or to the effect in the Twelfth Schedule, and shall be intituled according to the purport thereof, and according to the part, subdivision, or section of the Tenth Schedule hereto under which they are made, and shall be numbered consecutively, so that no regulation of any municipality and no joint regulation of any municipalities respectively, whether in force or repealed, shall bear the same number as any other such regulation or joint regulation.

187.

1

Municipalities.

187. EVERY by-law, regulation, and joint regulation shall be By-laws, etc., to be intituled as of the municipality or municipalities of which it is such intituled as of the by-law, regulation, or joint regulation.

municipalities con-
cerned.
Ibid., s. 214,

Express repeal of

188. EVERY by-law, regulation, or joint regulation shall contain clauses expressly repealing all by-laws, regulations, and joint by-laws. regulations and parts thereof, respectively, inconsistent with or Ibid., s, 215. repugnant thereto and theretofore in force in the municipality or municipalities; and in such clauses the by-laws, regulations, and joint regulations repealed shall be specified by number and title or otherwise sufficiently indicated, and in case of a part of a by-law, regulation, or joint regulation, in addition to such number, title, or other description of such by-law, regulation, or joint regulation, the purport of such part shall be expressed.

By-laws not affected

189. NO omission to comply with any of the provisions of the four last preceding sections shall render invalid any by-law, regu- by non-complianco. lation, or joint regulation, or shall prevent the repeal thereby by Ibid., s. 216. operation of law of any other by-law, regulation, or joint regulation.

(5.)-How enforced.

By-laws to be en

59 Vict., No. 10,

190. SUCH by-laws shall state some maximum penalty for any forced by penalty. neglect or breach thereof respectively; provided that no such maximum penalty shall exceed Twenty pounds.

191. ALL offences against any by-law, regulation, or joint regulation in force in any municipality shall be deemed to be offences against this Act.

s. 101.

See Local Government Act (Vic.), s. 21.

Offence against by-
laws.

Local Government
Act (Vic.), s. 218.

192. NO regulation or joint regulation shall impose any Regulations. penalty.

Ibid., s. 219.

193. NOTHING contained in any by-law, regulation, or joint Saving of remedies regulation in force in any municipality shall be construed to exempt against nuisances. any person guilty of a nuisance at common law from prosecution, Ibid., s. 220. suit, or action in respect thereof, nor from the consequences of being convicted thereof.

Certified copies of

194. THE Government Gazette or a printed copy, purporting to be a copy of any by-law, and purporting to be signed by the mayor, by-laws to be shall, without any other proof, be received as prima facie evidence of evidence. the existence of such by-law, and of the making, confirming, and 59 Vict., No. 10, publication in the Government Gazette thereof, and of the performance of the requirements of this Act or any Act hereby repealed in respect thereof in all Courts.

s. 104.

(6.)

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