and at least two members of the council sign the list, which then becomes the municipal electoral roll for the year.1 Elections are held annually on the second Thursday in August, to fill the vacancies caused by periodical retirements. Elections to fill extraordinary vacancies take place when required. Where a municipality is subdivided, annual elections take place for each subdivision. Every one whose name is on the municipal roll is entitled to give the number of votes appearing there against his name.3 The nomination of candidates is made to the returning officer, who, in the case of a municipality not subdivided, is the chairman of the council; where there are subdivisions the council or, failing them, the governor in council, appoint one of the existing councillors for the subdivision or some other person if no such councillor can act.* A nomination paper must be signed by ten duly qualified electors and also, as an acceptance, by the candidate nominated. A deposit of £10 must also be made in each case, and in case a candidate fails to poll one-fifth of the number of votes received by the successful candidate lowest on the poll, his deposit is applied by the returning officer towards the payment of official expenses. A candidate may, however, retire, with the consent of five of his nominators, not later than four clear days before the day of polling, and he is then entitled to have his deposit returned.9

5

7

6

In the event of a contest, the polling takes place on the day fixed by statute for the election.10

There is a polling place for each subdivision," and the returning officer provides polling booths in such a proportion that not more than 600 voters can be called upon to vote at any one booth.12 The voting begins at 8 A.M., and lasts, in the case of a shire, till 4 P.M., and, of a borough, till 5 P.M.13 It is conducted by ballot, each ballot paper contains the names of all the candidates in alphabetical order, each voter receives as many ballot papers as he has votes, and strikes out the names of all those candidates for whom he does not wish to vote.1

14

1 Local Government Act 1890, §§ 80, 81. The actual official roll is a printed copy signed by the municipal clerk and handed to the chairman.

CHAP. XXXVII ACTION OF MUNICIPAL COUNCIL

333

Each ballot paper is marked on the back with the voter's number on the municipal roll, and a person applying for a ballot paper may be asked certain questions to test his identity and the fact that he has not voted before.2 After the poll has closed, the votes are counted by the returning officer, who declares the result, and forwards the papers sealed up to the municipal clerk, by whom they are kept secretly for six months, after which time they are destroyed in the presence of three councillors.3 Disputes as to the validity of elections are decided by the Supreme Court.*

Having now considered the constitution of a municipal council, it is necessary for us to see how it can act. And, taking first the question of methods, we may notice the distinction between normal and abnormal methods, the latter being resorted to for business of special importance.

The council must hold an annual meeting at noon of the third Tuesday in each November at its office, and it may hold ordinary meetings at the same place at times fixed by itself. These ordinary meetings may be at stated intervals, in which case, after notice has once been given to members, they need not be reminded on each occasion. But notice of special business, including the revocation or alteration of previous resolutions, must be given at the previous meeting, and sent to each councillor.

6

At all meetings, unless it be specially provided to the contrary, all members present must vote. The voting is open, and a majority decides, the chairman having a casting as well as a substantive vote.7 Nine members, or any smaller number forming an absolute majority of the council, are necessary for the transaction of business. No councillor may vote upon or discuss any matter in which he has a pecuniary interest.9 At the ordinary meetings the council sits with open doors.10

8

Special meetings may be summoned by the chairman or by any three councillors; two clear days' notice must be given

1 Local Government Act 1890, § 126.

2 §§ 128 and 129.

3 §§ 130 and 131. Many of these elective rules apply also to Melbourne and Geelong (§§ 115, 121, and 140).

4

S$ 165, 167.

7 § 171. In the case of a revocation of a previous resolution, unless the numbers present be greater than those at the meeting which passed the resolution, there must be a two-thirds majority (§ 177). 8 § 172. 9 § 173. 10 § 175.

in a borough, and four in a shire.1 A "special order" can only be issued if passed at a meeting of which special notice has been given, and confirmed at a subsequent meeting, held not sooner than four weeks later, which has been advertised during the interval, once a week, in a local paper, and of which each councillor has received special notice.2

The council may appoint occasional or standing committees of itself, and may appoint a chairman and fix a quorum in each case. 3 It may also appoint an office either within the district, or, in case of a shire, within five miles of the boundary, and it must require its clerk to attend there during stated hours for the conduct of business.5 It must keep proper minutes of its own business and that of its committees; and these minutes are open to the inspection of councillors and creditors of the municipality.

The legislation of a municipal council consists of by-laws, regulations, and joint-regulations. By-laws and regulations are practically governed by the same rules, except that no regulation can impose a penalty. A joint-regulation (except in special cases) requires the active concurrence of at least two municipalities. Each by-law and regulation of a municipality must be passed by "special order (above described) of the council, and sealed with the common seal of the municipality.10 Each joint-regulation must go through a similar process in each municipality concerned in making it, except in cases in which the compulsory process is resorted to."1 Notice of the proposed legislation must be published not less than seven days before the confirming meeting, and the legislation itself must be published in the Government Gazette.12 When the process has been properly gone through, the by-law, regulation, or joint-regulation has the force of law throughout the municipalities concerned in making it, and takes effect from the date fixed by it for that purpose, or from the day succeeding publication.13 But the operation of all municipal legislation is subject to certain restrictions.

11

8

$ 219.

§ 200. If in certain cases municipalities refuse to concur, they may be held bound, with the approval of the Governor in Council, by a regulation made by a single municipality (§ 202).

12 §§ 201 and 204.

13 § 203.

CHAP. XXXVII

MUNICIPAL LEGISLATION

335

1. It must not contain matter contrary to any "public law "1 in force in Victoria.2

2. It may be repealed by the Governor in Council, by Order published in the Government Gazette.3

3. It may be quashed for illegality by the Supreme Court, upon the application of a resident ratepayer.4

Moreover, a by-law or regulation may be regularly repealed by a subsequent by-law of the same municipality, and a regulation by a subsequent regulation.5 The repealing legislation must observe the rule as to majorities before noticed. A jointregulation may be repealed by a subsequent joint-regulation."

The subjects upon which a municipal council may legislate by making by-laws are very numerous, and it is impossible here to do more than enumerate some of the most important. But it is worth noticing that such by-laws may be either of an original character, or they may be simply adoptions of a common form provided by the Local Government Act for certain cases.8

Taking first the cases in which the council may proceed directly to pass by-laws, we may enumerate the following subjects as coming within its jurisdiction.

1. The management of streets and footways, including very wide powers for the prevention of nuisances of all kinds.

2. The control and care of waterworks and drains.

3. The management of wharfs, jetties, and piers belonging solely to the council and not within the operation of any Act relating to ports and harbours.

4. The management of commons, public reserves, places of public recreation or instruction, belonging to or placed under the control of the council.

5. The regulation of buildings, including the removal of dangerous

structures.

6. The prevention of dangers from fire.

7. The suppression of nuisances (generally, and of various special kinds enumerated).

8. The carriage of passengers or goods by public conveyances, such as cabs, carts, and boats.

1 I.e. (presumably) any law recognised by the Supreme Court, and affecting 2 Local Government Act 1890, § 193.

the colony generally.

9 The granting of liquor licences is within the jurisdiction of a specially constituted system of "licensing courts" (cf. Licensing Act 1890, §§ 49-84).

9. The conduct of the business of the council and its officers. 10. The conduct of public meetings and ratepayers.

11. The establishment and regulation of fairs, public sales, labour marts, and offices.

12. The supply and distribution of water from waterworks under the management of the council.

13. Sewerage and drainage.1

14. Lighting.

15. Public decency and public health.2

16. Quarrying and blasting operations.

17. Traffic and processions.3

18. The use of public baths and washhouses provided by the council. 19. The control of markets provided by the council.5

Besides which the council have a general power of making by-laws for generally maintaining the good rule and government of the municipality. But it is doubtful if this general power is worth very much.7

By way of indirect legislation, the council may pass by-laws adopting existing provisions on the subject of

a. The matters enumerated as Nos. 1 to 9 ante, as subjects of direct legislation. (These provisions are contained in Schedule 8 of the Local Government Act 1890.) 8

b. Water supply. (Provisions contained in any Act of Parliament authorising their adoption.) 9

c. Any of the sections of Division I. of Part V. of the Water Act 1890.10

And the council of a shire may by any by-law extend to any part of its district any of the provisions of Part I. of the Police Offences Act 1890.11

Moreover any council may make regulations or join with other councils in making joint regulations authorised by any provisions adopted under a (ante).12

1 All public sewers and drains in a municipal district, and all sewers and drains in and under the streets thereof, whenever and however built, are vested in the municipality and placed under the entire control of the council (Local Government Act 1890, § 464).

2 By § 16 of the Health Act 1890, the municipal council is practically made the local Board of Health for the municipality. In this capacity it is largely subject to the control of the Board of Public Health.

5 § 510.

6 § 191 (xix.)

7 See In re Council of Kyneton, Ex parte Gurner, 1 W. and W. (L.) 11.

8 Local Government Act 1890, § 191 (i.)

9

§ 191 (iv.) Sometimes these Acts empower direct legislation by the municipality (e.g. Water Act 1890, § 518).

10

§ 191 (ii.)

11 § 190. These provisions are already in force in all boroughs (ibid.)