LOCAL GOVEKNING BODIES LOAN. LOCAL GOVEBNMENT ACT 1890. 54 VICTORIA, An Act to

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1944 LOCAL GOVERNMENT. . [54 VICT.
LOCAL GOVEKNING BODIES LOAN.
[See Water Act 1890.]
LOCAL GOVEBNMENT ACT 1890.
An Act to consolidate the Laws relating to Local
54 VICTORIA,
No. 1112. r\ ,
— (iovernment.
[10th July, 1890.]
"mLeoncta Al cGt o1v8e7r4n. " BE it enacted by the Queen's Most Excellent Majesty by and with
the advice and consent of the Legislative Council and the Legis
lative Assembly of Victoria in this present Parliament assembled and
by the authority of the same as follows (that is to say) :—
short titio 1. This Act may be cited as the Local Government Act 1890, and
and™v"sio'n.ent shall come into operation on the first day of August One thousand
eight hundred and ninety, and is divided into Parts Divisions and
Subdivisions as follows:—
PART I.—The Constitution of Municipalities generally ss. 9-13.
Division 1.—General Powers of the Governor
in Council ss. 14 and 15.
Division 2.—New Municipalities ss. 16 and
17.
Division 3.—Union of Municipalities ss.
PART II. — Con 18-22.
stituting and Division 4.—Severance from Municipal Dis
altering the < tricts ss. 23-25.
Constitution of Division 5.—Annexation to Municipal Dis
Municipalities. tricts ss. 26-30.
Division 6.—Subdivision of Municipal Dis
tricts and Alteration in the Council ss. 31
and 32.
Division 7.—Changes in Name s. 33.
Division 8.—Procedure ss. 34-48.
r Division 1.—Qualification of Councillors ss.
49-53.
PART III.—The Division 2.—Retirement and Vacancies ss.
Municipal
54-59.
Council.
Division 3.—Election and Privileges of Chair
man ss. 60-65.
.No. 1112.] LOCAL GOVERNMENT ACT 1890. 1945
(1) Persons entitled to be "Local Govern-
enrolled ss. 66-69. ~»*^«»«.-
(2) Making and Bevision
Division 4.—The of Roll ss. 70-86.
Municipal Boll. (3) Roll in Exceptional
Cases ss. 87-93.
Penalties and Ex
(4)
penses ss. 94 and 95.
fa) Time of Holding Elec
tions and Number of
Councillors ss. 96-
103.
PART III.—The
Municipal (2) Who shall elect ss. 104
and 105.
Council.
(3) Who shall hold Elect
ions ss. 106-109.
Division 5.—The
(4) Nomination of Candi
Election of
dates ss. 110-115.
Councillors.
(5) Polling Places and
Polling ss. 116-135.
(6) Proceedings validated
ss. 136 and 137. .
(7) Expenses ss. 138-139.
(8) Application to Mel
bsou 1r4ne and Geelong
- °-
Division 1.—Officers appointed by the Council
PART IV.—Offi ss. 141-150.
cers of the Mu Division 2.—Municipal Surveyors' Board ss.
nicipality. 151-158.
Division 3.—Auditors ss. 159-164.
PART V.—Ouster from Office of Chairman Councillors and
Auditors ss. 165-167.
PART VI.—Proceedings of the Council ss. 168-189.
Division 1.—Application of Police Offences
Act 1890, Part I., s. 190.
" (1) May be made, for what
Purposes ss. 191-197.
(2) Manner of making
ss. 198-206.
PART VII.—Go (3) How repealed ss. 207-
Division 2.—By
vernment of 211.
laws Regula
Municipalities (4) In what Form ss. 212-
tions and Joint'
By-laws Regu 216.
Regulations.
lations and (5) How enforced ss. 217-
Joint Regula 223.
tions. (6) Validity, how tested
s. 224.
(7) Interpretation s. 225.
Division 3.—Power to treat as to Noxious
Trades ss. 226 and 227.
Division 4.—Licensing of Dancing Saloons
ss. 228-230.
1946 LOCAL GOVERNMENT ACT 1890. [54Vior.
" Local Govern PART VIII.—Lands and Property of Municipalities or of which
ment Act 1874."
they are Trustees ss. 231-237.
PART IX.—Funds and Eevenues of Municipalities ss. 238-245.
r Division 1.—Rateable Property ss. 246 and
247.
Division 2.—Valuations ss. 248-255.
Division 3.—General Rates ss. 256-259.
Division 4.—Separate Rates ss. 260-262.
Division 5.—Extra Rates ss. 263-269.
Division 6.-r-General Provisions as to Rates
ss. 270-275.
. . '(1) Generally ss. 276-280.
PART X Rates.1 ' Division 7.—Ap (2) Where one Under
peals against < taking is rated to dif
Rates. ferent Municipalities
, ss. 281-87.
"(1) By Legal Process ss.
288-296.
Division 8.—Re-
(2) By taking Possession
covery of Rates."
of the Land ss. 297-
303.
PART XL—Borrowing Powers ss. 304-350.
PART XIL—Endowment ss. 351-358.
'Division 1.—Keeping and Ordinary Audit of
PART XIII. —
Accounts ss. 359-365.
Accounts and
Division 2.—Special Audit ss. 366-372.
Audit.
Division 3.—Powers of Auditors s. 373.
PART XIV.—Contracts ss. 374-377.
PART XV.—Power to take Lands for Works and Undertakings
ss. 378-387.
'Division 1.—Dedication of Public Highways
ss. 388-395.
Division 2.—Opening Private Roads in Shires
ss. 396-398.
Division 3.—Appointment of Control of
Bridges and Ferries ss. 399-400.
Division 4.—Making Maintenance and Man
PART XVI. — agement of Streets Roads Bridges Ferries
Streets Roads Culverts Watercourses and Jetties ss. 401-
Bridges Ferries 418.
Culverts Water Division 5.—Making and Maintenance of
courses and Streets Roads Bridges and Ferries on the
Jetties. Boundaries of Municipal Districts ss. 419-
426.
Division 6.—Obstruction to Streets Roads and
Watercourses &c. ss. 427-433.
Division 7.—Fixing the Level of Streets.
Private Streets. Filling up Low Ground
ss. 434-449.
Division 8.—Tolls at Ferries ss. 450-463.
PART XVII.—Sewerage &c. ss. 464-469.
PART XVIIL—Lighting ss. 470 and 471.
PART XIX.—Water Supply ss. 472-477.
No. 1112.] LOCAL GOVEENMENT ACT 1890. 1947
PAET XX.—Prevention of Fire ss. 478 and 479." " Local Govern-
PAET XXL—Baths and Wash-houses s. 480. mmtAct 1874''
PART XXIL—Eemoval of Night-soil s. 481.
PART XXIIL—Markets ss. 482-510.
PART XXIV.—Pounds and Abattoirs s. 511.
PART XXV.—Places of Eecreation s. 512.
PART XXVI.—Charitable Institutions s. 513.
PART XXVII.—Protection of Works in Progress &c. s. 514.
PART XXVIIL—Statistics ss. 515-518.
' Division 1.—Legal Proceedings by and against
Municipalities ss. 519-524.
PART XXIX.— Division 2.—Notices Demands and Eemedies
Legal Proceed to upon and against Owners and Occupiers
ings and En ss. 525-531.
forcement of Division 3.—Enforcement of the Act ss. 532-
Act. 542.
Division 4.—Eules of the Supreme Court
s. 543.
2. The Acts mentioned in the First Schedule to this Act to the Repeal 6t Acts,
extent to which the same are thereby expressed to be repealed are First schedule.
hereby repealed. Provided that such repeal shall not affect property
vested, acts and things validated or authorized, powers and protection
acquired, and indemnities given under any of the Acts hereby repealed.
And notwithstanding the repeal of the Acts hereby repealed—
All contracts may be made carried out varied and enforced as if this
Application of
Act had not passed. Aot t0 contraoti>-
All creditors shall have the same rights and remedies and all Existing
debentures shall have the same force and effect as if this Act had not creditor8-
passed.
All councillors and officers in office at the commencement of this
Existing officers
Act shall remain in office as if this Act had been in force at the time& 0-
they were elected or appointed and they had been elected or appointed
hereunder, and this Act shall apply to them accordingly.
All by-laws ordinances in the nature of by-laws regulations and Existing by-iaws
joint regulations in force at the commencement of this Act shall con- &0-
tinue in force until they are respectively repealed hereunder, and all
provisions of the Thirteenth Schedule to the " Local Government Act
1874 " or of " The Police Offences Statute 1865" or " The Public Works
Statute 1865" in force at the commencement of this Act by virtue of
any by-law shall continue in force until such by-law is repealed, and
this Act shall apply to all such by-laws ordinances in the nature of
by-laws regulations joint regulations and provisions of Acts as if they
were the corresponding enactments mentioned in this Act.
All rates which under the Acts hereby repealed or any of them Rates due.
are at the commencement of this Act due or payable to or leviable by
or for any municipality shall be paid received levied and recovered as
if this Act had not passed.
All rights and liabilities in respect of any property taken possession Property seized
of by the council of any municipality for arrears of rates and the rate'),™*''8 °
rents and profits thereof shall remain the same as if this Act had not
passed.
t
All books and documents made evidence shall continue evidence
Documents
to the same extent as if this Act had not passed. made evidenoe-
1948 LOCAL GOVERNMENT ACT 1890. [54 VICT.
All works and undertakings authorized to be executed and engage-
"Local Govern-
work/unto*' ments existing at the commencement of this Act shall be carried on
takings and Under this Act.
Munfd^aTroiis. All municipal rolls in force at the commencement of this Act
shall be deemed to have been made under this Act, and any municipal
rolls in course of preparation at the commencement of this Act may be
completed under this Act, and this Act shall apply to all such rolls
accordingly.
Application of Save so far as there is anything in this Act inconsistent there-
and thi'ngs done, with, this Act shall apply to all matters and things made done or
commenced under any repealed Act and at the commencement of this Act
of any force or effect or capable of acquiring any force or effect by virtue
of any Act hereby repealed as if this Act had been in force at the time
they were made done or commenced and they were made done or com
menced hereunder.
interpretation. 3, j this Act, save where there is something in the context
n
ib. s. 5. inconsistent therewith—
" Cattle " shall include horses mares fillies foals geldings colts
bulls bullocks cows heifers steers calves asses mules
sheep ewes wethers rams lambs goats and swine:
" Ferry " shall include any punt or floating bridge:
"The Minister" shall mean the Minister of the Crown ad
ministering this Act or the Part of this Act to which the
expression refers:
" Net income " of a municipality for any year shall mean the
balance after substracting from the amount of the general
rates received in such year all sums paid or payable out
of the municipal fund on account of any loan and to any
sinking fund formed under the provisions of this Act to
secure the liquidation of any loan:
" Occupier " shall mean the inhabitant occupier of land within
the municipality:
"Order in Council" shall mean any order made by the
Governor with the advice of the Executive Council:
" Owner of any property " shall mean the person for the time
being entitled to receive, or who if the same were let to a
tenant at a rack-rent would be entitled to receive, the
rack-rent thereof:
" Private street" or " private road " shall mean a carriage way
not being a public highway either accessible to the public
from a public street or forming a common access to lands
and premises separately occupied:
Act y<>. 83i s. 2. " Public highway " shall include any inland lake whether natural
, or artificial, and any navigable water vested in any
' municipality or the council thereof upon which boats are
used to ply for hire:
"Local Gown- "Street" and "road" respectively shall mean a street or road
mcnt Act is 4 being a public highway, and shall include every public
highway:
" In writing " shall include in printing or partly in printing and
partly in writing:
And wherever the context appears to require such extended
meaning, " rate " shall be taken to mean and include not
No. 1112.] LOCAL GOVERNMENT ACT 1890. -1949
only the sum charged on any property under this Act, hut <• Local Govern-
also the assessment or valuation of any property and the mentActim"
amount of such assessment or valuation.
4. Every city and town shall be deemed to be a borough; the what to be
corporation of every borough and shire shall be deemed to be a muni- bo?Sigdha
cipality; the district under the local government of a municipality n.«. 3.
shall be called its municipal district; the mayor of a borough and the Municipality.
president of a shire may be called the chairman of a municipality ; Slot
the city clerk of a city may be called the town clerk of a borough; chairman of
the town clerk of a borough and the secretary of a shire may be called ToT^eri/
the clerk of a municipality or a municipal clerk. Any portion of Municipal clerk.
Victoria no part of which is comprised in any municipal district may 2$$™%
be called an outlying district. When any municipal district is divided subdivisions,
into portions each of which portions separately returns councillors, the Hidings.
municipal district shall be said to be subdivided and each of such ^arfs;
portions shall be called a subdivision; the subdivisions of a shire shall umo'pa
be called ridings, and the subdivisions of a borough wards. The muni
cipal roll of any municipality shall mean the voters' roll or the
aggregate of voters' rolls in force therein.
5. This Act shall apply to every municipality constituted or to be Application of
constituted but shall not apply to the city of Melbourne or the town of Act'
n , j. i_ i i. i. j Act No. 786 s. 2.
Geelong except where expressly so stated.
6. In all cases in which any matter or thing is hereby required to in wha tnews-
be published advertised or inserted in a newspaper generally circulating iSrertisements
in the municipal district or neighbourhood the said newspaper shall be punished,
such newspaper as the council have for the time being appointed in •• Local G<mem-
that behalf.W ngAtw
7. Whenever any day provided or appointed by or under this Act Sundays
for any purpose in any year happens on a Sunday or a day which is a ^aw&c.
bank holiday throughout Victoria, then such provision and appointment
shall take effect as for the next following day which is not a Sunday or
such bank holiday/*)
8. No misnomer or inaccurate description contained in this Act Misnomer in
or in any Order in Council made thereunder shall in anywise pre- ordeMncVmicu
vent or abridge the operation of this Act with respect to the subject *£;,"$,$?
of such description, provided the same is designated so as to be „. .
nm 8
understood.
PAST I.—THE CONSTITUTION OF MUNICIPALITIES GENEBALLY.
9. The inhabitants of every shire, borough town and city for the Inhabitants of
time being subject to the provisions of this Act shall under the name corporation*
of the president councillors and ratepayers of such shire, the mayor it. >. 12.
councillors and burgesses of such borough, the mayor councillors and
burgesses of such town, or the mayor councillors and citizens of such
city as the case may be, be a body corporate with perpetual succession
and a common seal, with power to break alter and change the same from
(a) This section is complied with by appointing (b) This section does not apply when one or
a newspaper generally as the newspaper in which the last of several days for doing anything hap-
advertisements are to be inserted.—Bancrofts. pens to fall on a Sunday.—The Queen v. Hennessey,
Mayor, <tc, of South Melbourne, 13 V.L.R., 1. ex parte Knight, 5 A.J.R. (L.), 35.
1950 LOCAL GOVERNMENT ACT 1890. [54 VICT-
time to time with the approval of the Governor in Council, and shall by
" Local Govern
ment Act 1874." such name be capable in law of suing and being sued, of purchasing
holding and alienating land, and of doing and suffering subject to the
provisions of this Act all such other acts and things as bodies corporate
may by law do and suffer, and the corporation of every shire borough
town and city as constituted under this Act shall be the same corpora
tion as the corporation of the same shire borough town or city existing
at the commencement of this Act.
10. Every municipality subject to the provisions of this Act shall
Municipal
council. be governed by a council, and all acts of the council shall be deemed to
lb. 1.13. be acts of the municipality.
Number &c. of 11. In every municipality existing at the commencement of this
councillors in Act the council shall consist of the number of members assigned to it at
existing
municipalities. the commencement of this Act, and the councillors shall be allotted to
lb. s. 14. the respective subdivisions of the municipal district (if any) in the same
manner as at the commencement of this Act unless and until such
number or allotment is altered under the provisions of this Act.
12. Whenever the number of councillors for any municipality is
Number of
flx"dCun0derWhen determined under the provisions of this Act, such number shall be in
this Act. case the municipal district is not subdivided some multiple of three not
lb. s. 15. less than six nor more than twenty-four and in case such municipal
district is subdivided the number produced by the return of three coun
cillors for every subdivision.
13. The boundaries as set forth in the Second Schedule hereto of
Boundaries of
municipal all municipal districts existing at the commencement of this Act shall
districts.
Road or stream be the boundaries of all such municipal districts unless and until altered
forming a under this Act; and where any road street highway stream creek or
common
boundary. watercourse forms or is or has been described as a boundary of any
lb. ss. 10 <fc 18. municipal district, including the city of Melbourne and the town of
Geelong or any subdivision thereof whether in such Second Schedule or
any other document made or to be made, a line along the centre of such
road street highway stream creek or watercourse shall be deemed to
constitute such boundary.
PART II.—CONSTITUTING AND ALTERING THE CONSTITUTION OF
MUNICIPALITIES,
DIVISION 1.—GENERAL POWERS OF THE GOVERNOR IN COUNCIL.
14. Subject to the provisions of this Act, the Governor in
General powers
of the Governor Council may from time to time make orders exercising the powers
in Council to
constitute and following:—
change the (i.) To constitute any part of Victoria containing rateable
constitution of
municipalities. property capable of yielding upon a rate not exceeding
lb. s.19.
one shilling in the pound on the annual value thereof,
estimated under the provisions of this Act, a sum of five
hundred pounds, a shire.
(H.) To constitute any part of Victoria, not exceeding in area
nine square miles, and having no point in such area distant
more than six miles from any other point therein, and
containing a population of inhabitant householders not
less than three hundred, a borough.
.No. 1112.] LOCAL GOVERNMENT ACT'1890. 1951
(in.) To unite any two or more boroughs which form one con- "Local Govern-
tinuous area so as to form one borough. ment Act 1874-"
(rv.) To unite any number of municipalities, one of which is a
shire, the municipal districts whereof form one continuous
area, so as to form one shire.
(v.) To sever any portion of Victoria forming part of a municipal
district from such municipal district and annex the same
to any other municipal district with which the portion so
severed forms one continuous area, and from time to time
make any apportionment of property rights and liabilities
and give any directions as to any matters and things that
may be necessary to do justice as between the munici
palities concerned/")
(vi.) To annex an outlying district forming with the municipal
district of some municipality one continuous area to such
municipal district.
(vn.) To subdivide or re-subdivide any municipal district into any
number of subdivisions not exceeding eight.
(vm.) To alter the boundaries of or abolish the subdivisions
existing in any municipal district.
(ix.) To determine and alter within the limits prescribed by this
Act the number of councillors assigned to any munici
pality.
(x.) To alter and adjust the boundaries of conterminous muni
cipal districts and determine any questions arising out of
such alteration and adjustment.
(xi.) To declare any borough having in the year preceding such
declaration a gross revenue of not less than ten thousand
pounds a town.
(xn.) To declare any borough, including the city of Melbourne n.««. w <t 621.
and the town of Geelong, having in the year preceding Act NO. 786 S. 48.
such declaration a gross revenue of not less than twenty
thousand pounds a city.
(xnr.) To alter the name of any municipal district and of the Act NO. 702«. 2.
corporation thereof.
15. Where in consequence of the exercise of any .of the foregoing Power to adjust
powers any rights liabilities or matters require to be adjusted the ^aOGovem
Governor in Council may by any order settle and adjust the same/6) mem Act mr;
DIVISION 2.—NEW MUNICIPALITIES.
16. Every order constituting any new municipality shall constitute order
the same as either a borough or a shire, and shall— m™nieipahfnew
y
(1.) Assign a name to such borough or shire. n. s. 21.
(11.) Describe the boundaries thereof.
(a) The provisions for the adjustment of rights before the severance.—Wookott v. Mayor, &e., of
and liabilities in sections 14 and 15 have reference St. Kilda, 3 V.L.R. (L.), 5.
to matters between the municipalities, and not to (b) See note to last section,
matters between a municipality and a ratepayer. Where the occasion for the exercise of the
Therefore, after severance of a portion from a powers in this section is the constitution of a new
municipal district, the municipality may still re- municipality, such exercise must take place by an
cover from persons who were rated in respect of order subsequent to that by which the munici-
property in the severed portion rates which were pality is constituted and can only be made after
payable before the severance and were made for giving all parties interested an opportunity of
periods which had expired before the severance, being heard.—Roebuck v. Mayor, &c., of Geelong
notwithstanding that no demand had been made West, 2 "V.L.R. (L.), 189.
VOL. III. y
1952 LOCAL GOVEKNMENT ACT 1890. [54.YIOT.
'•Local Goaernr (in.) Determine of how many members the council shall consist.
ment Act 1874. ^ ^ Determine whether the municipal district constituted is to
IY
be subdivided or not, and in case it is to be subdivided
name and describe the subdivisions.
And every such order shall take effect according to the tenor of the same,
and every such order constituting any new municipality having for its
municipal district portion of a previously existing municipal district
shall operate to sever such portion from such previously existing
municipal district.
17. When any new municipality is constituted having for its
Adjustment of
bltween°oid and municipal district a portion severed from the municipal district of any
oie"iitieT'" previously existing municipality, the following consequences shall
ib. * 22. follow:—
(i.) All by-laws and regulations of such previously existing
municipality in force in the portion of its municipal district
forming the municipal district of such newly constituted
municipality shall, so far as they are applicable, be deemed
by-laws and regulations respectively of such newly con
stituted municipality, and may by it be repealed or altered,
and save as aforesaid all by-laws and regulations of such
previously existing municipality shall as to the portion
forming the municipal district of the newly constituted
municipality be repealed,
(n.) Such newly constituted municipality shall become jointly
liable with such previously existing municipality to all
creditors of such previously existing municipality in re
spect of all debts and liabilities due or incurred at the time
of the severance,
(in.) No action suit or other proceeding by or against any such
previously existing municipality shall be affected or
abated,
(iv.) Such newly constituted municipality shall be entitled to such
portion of the property and assets of the previously exist-
• ing municipality and shall be, as between such municipali
ties, liable to pay such portion of the debts and liabilities
thereof as bears the same proportion to the whole as the
value of the rateable property in the portion of the muni
cipal district severed from the municipal district of such
previously existing municipality bore to the value of the
rateable property in the whole municipal district upon the
last valuation before the severance.
DIVISION 3.—UNION OF MUNICIPALITIES.
18. Every order uniting two or more municipalities shall—
Order uniting:
'™UI"°g^alltles- (i.) Assign a name to the borough or shire formed by such union.
• (H.) Determine of how many members the council shall consist.
(HI.) Determine whether the municipal district of the united
municipality is to be subdivided or not, and in case it is to
be subdivided name and describe the subdivisions.
fourTunid-an 1®- N° municipality shall be formed under the provisions of this
paiitiestobe Act by the union or successive unions of more than four of the munici-
rj!«C 24. palities existing at the commencement of or constituted under this,Act.
No. 1112.] • LOCAL GOVERNMENT ACT 1890. 1953
20. Upon any union of municipalities the municipality formed by '-Local Govern-^
such union shall have a municipal district being the aggregate of the ™|^ ct1874"
municipal districts of the municipalities united, and shall be deemed Effect of union
to be one and the same corporation as each of the municipalities by polities!01
the union of which it was formed, and all rights and duties of such
municipalities against or owing to each other shaU'be extinguished, and all
property rights and liabilities of, and all matters and things not other- -Act xo. 904». 2.
wise provided for made or done by or on behalf of, each of the munici
palities so united, shall vest in, and attach to, and be deemed to have
been made or done by or on behalf of, the municipality formed by such
union/*)
21. Upon any union of municipalities all by-laws and regulations Effect of union
in force in any of the municipalities united at the time of the union ™ y'i^ .
vern
which are applicable to the altered circumstances shall become by- mentActwv
laws and regulations respectively of the municipality formed by such "'m'
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.
22. When municipalities are united the council of the munici- Effect of union
pality formed by such union shall until the conclusion of the next ™ Q°™cU'
g
annual election consist of all the councillors of the municipalities united
or who may be elected in their places to fill extraordinary vacancies ;
such council at its first meeting shall elect one of its own members to
be mayor or president as the case may require. At the conclusion of
the next annual election all the councillors shall go out of office.
DIVISION 4.—SEVERANCE FROM MUNICIPAL DISTRICTS.
23. Every order severing any district from any subdivided muni- Powers in event
cipal district may abolish all the subdivisions and either constitute the ° f s^v^uloe-
municipal district an unsubdivided municipal district or re-subdivide
the same. In case any such order does not abolish all the subdivisions
the same shall be deemed to cancel every entire subdivision severed,
and as regards every subdivision of which a portion only is severed
shall either cancel such subdivision and annex the residue thereof to
some other subdivision or in separate portions to some other subdi
visions or shall declare that such residue shall thenceforth be deemed
such subdivision.
24. In case any subdivision is cancelled the councillors returned induction in
therefor shall upon such cancellation cease to be members of the cancellation of
council, and the number of councillors shall be reduced accordingly. subdivision.
' ° J lb. s. 29.
25. The powers hereinbefore in that behalf provided shall not be Number not
exercised in such a way as to reduce the number of councillors assigned iessth£iUsix.
to any municipality to less than six. n>.». 30.
(a) Under the corresponding provisions of the to form a shire, the council of the united shire
Act No. 358, it was held that where the council of was not'entitled to alter the level.—Sinclair
a borough fixed the level of a street, and the v. United'Shire of Mount Alexander, 4 A.J.R.,
borough was afterwards united with road districts 28.
T ?