always retained. By this statute power was given to the Governor in Council to divide any borough, on its own petition, into "wards," and largely increased jurisdiction in such matters, for instance, as markets, slaughter-houses, baths, and refreshment licences, was conferred on the municipal authorities.2

Apparently the progress of developement under this statute was not very rapid, for we learn from the next enactment on the subject, the "Boroughs Statute" of 1869,3 that only four new boroughs had been created under it. This new statute made certain alterations in the number of councillors, and rearranged the franchise. It also conferred the title of " Mayor" upon the chief magistrate of the borough. This enactment brings the history of urban municipalities down to the point at which they were united with the rural authorities in an uniform system.

4

We have seen that, after repeated failures, local government in the rural districts had in 1855 got so far as the authorisation of voluntary "districts" charged with the making and maintenance of parish and cross roads and bridges, and working in subordination to a Central Road Board in Melbourne. We have seen also that the powers of the Central Road Board had been transferred to the Board of Land and Works in the year 1860.5

But the general policy of developement was continued by an important statute passed in the year 1863, which, while repealing the Act of 1853, continued the existing Road Districts, and provided for the creation of new ones, under the corporate title of "District Board and Ratepayers." Each district was to be governed by a board, elected by ratepaying occupiers to the extent of £10 annual value. The districts had to make and maintain local roads and bridges, and to maintain such parts of the main roads as passed through their jurisdiction. They might also be called upon to construct main roads at the expense of the central government. Το enable them to carry out these duties, they were empowered to pass by-laws, levy rates and tolls, and take land and materials upon payment of compensation.

2 § 73, etc.

1 27 Vic. No. 184, § 18. 4 Ante, p. 171.

5 By the 23 Vic. No. 96.

3 33 Vic. No. 359.

6 27 Vic. No. 176.

By a most important part of the Act now under review, the Governor in Council was empowered to proclaim as a "shire any Road District having an area of 100 square miles, and having paid a sum of £1000 under its last general rate. Such shire, when constituted, was to be governed by an elective council, with a president, and to be endowed with largely extended powers and duties, such as the regulation of pounds, slaughter-houses, and places of amusement, and the management of commons.1 An important section 2 empowered the governor in council to adjust the boundaries of shires and districts to those of electoral districts. It appears by a later statute that no less than 106 shires or road districts had been proclaimed under the various enactments we have enumerated, before the close of the year 1869.*

1

This later statute, the "Shires Statute" of 1869, provided for the gradual extension of the shire system throughout the rural districts of Victoria, by authorising the proclamation as a shire of any area, not comprised within the limits of a borough, containing rateable property capable of producing a sum of £100 upon a rate of one shilling in the pound, whenever an unopposed petition of fifty inhabitant ratepayers should desire it. The shires were to be incorporated as "the President, Councillors, and Ratepayers," and to be capable of subdivision into ridings, corresponding with the wards of a borough, and having the members of the Council equally apportioned amongst them. There was a provision for regular subsidies from the central government to each shire, during the first five years of its existence, in the proportion of twice the amount of rates locally levied on a given basis.5 To the duties of the councils were added the control of the markets, the establishment of asylums, and others. Finally, an enactment of the succeeding year empowered the Governor, without waiting for a petition, to proclaim any Road District, of whatever area, whose rateable property should at the last general rate have stood at a net annual value of £12,000.

7

1 27 Vic. No. 176, §§ 279-329. Elaborate provision for commons had been made by the 25 Vic. No. 145, §§ 63-78. 2 No. 284.

3 Apparently there is now no identity between the two (cf. Local Government Act 1890, Sched. 2, and Constitution Act Amendment Act 1890, Sched. 17). 4 33 Vic. No. 358 (Sched. 1).

6 Ibid. §§ 339-367.

5 33 Vic. No. 358, § 266.

7 34 Vic. No. 387.

CHAP. XXXVII

1

This brings the history of municipal government down to the time of the great consolidating "Local Government Act 1874," which put rural and urban municipalities nearly on the same footing. As this statute, though frequently amended, is still the basis of the existing law, we may proceed to take an analytical survey of the present system.

Nearly the whole of Victoria is now covered by municipalities, and of municipalities there are practically two examples, boroughs and shires. There are at present 57 boroughs and 132 shires.2 Any borough having a gross revenue of not less than £10,000 may be proclaimed a "town," and any borough having a gross revenue of not less than £20,000 a "city."3 But towns and cities are by constitution "boroughs," and the distinction between them is mainly titular. The city of Melbourne and the town of Geelong are still, for the most part, governed by their special Acts, and do not, therefore, come within the operation of the general rules affecting municipalities.5 The old "counties and "pastoral districts" have no meaning so far as local government is concerned.

A borough, then, is an area so proclaimed, containing not more than 9 square miles, and having no point in it distant more than 6 miles from any other point, and containing at the time of proclamation a population of inhabitant householders not less than 300.6 A shire is an area so proclaimed, containing, at the time of proclamation, rateable property capable of yielding, upon a rate not exceeding one shilling in the pound on the annual value thereof, a sum of £500.7 The inhabitants of each borough and shire constitute a corporation by law, and are known as a "municipality." The official title of the corporation of a borough or town is "Mayor, Councillors, and Burgesses," of that of a city, "Mayor, Councillors, and Citizens," of that of a shire, "President, Councillors, and Ratepayers.'

1 38 Vic. No. 506.

2 Local Government Act 1890, Sched. 2.

"8

3 Ibid. § 14 (xi.-xii.)

5 Ibid. § 5.

4 Ibid. § 54. "Cities" and "towns" have increased borrowing powers (cf. post).

6 Local Government Act 1890, § 14 (ii.) Apparently a borough whose inhabitant householders fall below the number of 300 cannot be dissolved on that account.

7 Ibid. § 14 (i.)

8 Ibid. § 4.

9 Ibid. § 9.

The governing body of every municipality is a " Council," and all the acts of the council are deemed to be Acts of the municipality. We will deal first with the constitution of a municipal council, and then examine its legislative functions.

A municipal council consists of the number of councillors fixed by the Order in Council creating the municipality, or by some subsequent Order.2 Where the municipality has been created since 1874, its council consists of some multiple of three persons, not less than six nor more than twenty-four, if the municipality be undivided. If the municipality be subdivided into ridings or wards, the council consists of three members for each subdivision. The actual number is usually nine.* But by increased subdivision of the municipality,5 this number is necessarily enlarged.

3

Subject to certain exceptions, any person liable to be rated in respect of property of the annual value of £20 within the municipality may be a member of the council so long as he holds the qualification. The following are the disqualifications. 1. Sex. No female is qualified to be a member.

2. Insolvency. No uncertificated and undischarged bankrupt or insolvent may be a member.

3. Attaint of treason or conviction of felony or infamous crime. 4. Mental incapacity.7

5. Holding of an office or place of profit under, or being interested in a contract with, the council.s

6. Failure to sign the declaration of office within two months after election.9

Any person who acts as a councillor whilst suffering from any of the above disabilities (except unsoundness of mind) or before signing the declaration, is liable for every offence to a penalty of £50. But the official acts of such a person are valid.10

One-third of the members of the municipal council or, in case of subdivision, one-third of the representatives of each subdivision, retire every year, but are eligible for re-election.11

1 Local Government Act 1890, § 10. 2 Ibid. § 14. 3 Ibid. §§ 11 and 12. Hayter, Victorian Year Book 1890-91.

5 Local Government Act 1890, §§ 12 and 14 (vii.)

6 Ibid. § 49.

9 Ibid. § 52.

10 Local Government Act 1890, § 53. There is also a penalty for procuring or assisting in the nomination of an unqualified person as a candidate (§ 113).

11 Ibid. § 54.

CHAP. XXXVII

MUNICIPAL FRANCHISE

331

And extraordinary vacancies may occur in any of the following

events

1. Death.

2. Resignation.

3. Incapacity.1

4. Ouster by the Supreme Court.

5. Absence, without leave of the council,

from four consecutive ordinary meetings.2

of any member of council.

A councillor elected to fill an extraordinary vacancy is deemed, for purposes of retirement, to have been elected at the same time as the last occupant of his seat who was elected at an annual election.3

Every person of full age who on the 10th June in any year is liable to be rated in respect of any property within a municipality, and who has paid all his rates up to three months previously, is entitled to be enrolled upon the roll of municipal voters for that year. If such property, being in a borough, is rated at less than £50, or, in a shire, at less than £25, he obtains only one vote; if in a borough at between £50 and £100, or, in a shire, at between £25 and £75, he obtains two votes; if his rateable property amount to or exceed, in a borough £100, or in a shire £75, he obtains three votes. No one, except an occupier, can claim enrolment in respect of property worth less than £10 a year. In all cases where there is an occupant, he, and not the owner, is entitled to be enrolled in respect of the property.*

The municipal clerk makes out the municipal roll in the last week of June in each year, from the last rate books and the returns of the rate collectors.5 The draft roll prepared by the municipal clerk is then open for inspection, and a revision court is held by the chairman and council to decide upon objections. At least three councillors, in addition to the chairman or his deputy, must be present.

6

After all objections are heard and adjudged, the chairman

1 (Kind not specified, see Local Government Act 1890, § 56).

2

$56.

3 § 57.

4

§ 66.

5 $$ 70, 71. It will be remembered that municipal rolls are used also for parliamentary elections. As non-payment of rates is no bar to the parliamentary franchise, the names of all defaulting ratepayers are kept on a separate voters' list (§ 66). But only such as are males can vote at parliamentary elections (Constitution Act Amendment Act 1890, §§ 45 and 135).

6 Local Government Act 1890, § 74.