or registered, and that priority of registration (with certain exceptions) should absolutely determine priority of claim. Finally, we may notice that which was undoubtedly the most important of all the early institutions of Port Phillip, the Corporation of Melbourne, to which, as the parent of municipal institutions in Victoria, we owe careful attention. The Corporation of Melbourne was constituted three weeks after the incorporation of the city of Sydney,' by the N. S. W. Act, 6 Vic. No. 7. For the purposes of the Act the area of the town of Melbourne was to consist of the parish of North Melbourne and the suburb of Newtown or Collingwood, divided into four wards by imaginary lines drawn down the centres of Bourke Street and Elizabeth Street respectively, and produced to the boundaries.2 These four wards were to be known as the North-East or Gipps ward, the North-West or Bourke ward, the South-East or La Trobe ward, and the South-West or Lonsdale ward, and were to be properly marked off within six months by the mayor, who was also, in company with the town clerk, to "perambulate the metes and bounds" every three years, and to note any changes of boundary names in the Boundary Book.3 The official style of the incorporated town was to be "The Mayor, Aldermen, Councillors, and Burgesses of the Town of Melbourne," and by that style it was to be capable of acting (in the prescribed manner) as a legal personality, suing and being sued, acquiring and alienating property, and having perpetual succession.* Of the component parts of the corporation, the burgesses were not, as a rule, to take a direct share in the government of the town, which was placed almost 1 By the 6 Vic. No. 3 (N. S. W.) 2 See exact description in Schedule A to 6 Vic. No. 7. These boundaries were extended by the 8 Vic. No. 12. 3 The "beating of the bounds" (as it is popularly called) is one of the most ancient customs surviving in England at the present day. The boundary of a London parish passes through one of the rooms at the Guildhall, in which, on the occasion of the London sittings, a Nisi Prius Court is held. Great is the glee of the boys engaged to do the actual beating, if they can time their arrival so as to compel his lordship to vacate the judicial bench in order that it may be "beaten." 4 The first two of these qualities distinguish a corporation from a mere casual collection of human beings, the last distinguishes it from all individuals. A corporation has "successors," not "heirs" or "executors," and may never die. Hence the old doctrines of Mortmain. CHAP. VI THE CORPORATION OF MELBOURNE 53 entirely in the hands of the mayor, aldermen, and council. Thus we get two phases of the corporation-a passive and an active. Let us consider the burgesses first. 1 3 By the 12th section of the Act every male person of full age who has for one year previous to any 31st of August occupied any house, warehouse, counting-house, or shop within the town, of the clear annual value of £25,2 has for the same. period been an inhabitant householder within the town or within seven miles thereof, and has paid all the corporation rates due from him in respect of the premises which he so occupies up to six months before the same date, is entitled to be enrolled on the burgess-roll of the town. The disqualifications are 1. The fact that the applicant is an alien. 2. The fact that within the year he has received eleemosynary relief. 3. The fact that he has had any child admitted to any school for orphan or destitute children in the colony or its dependencies during the previous three years. 4 But in order to complete his title to burgess privileges, the claimant must secure enrolment. Every year, on or before the 31st August, "collectors" are to be appointed by the mayor for each ward, and the collectors are, on the 5th September following, to deliver to the town clerk alphabetical lists of the persons entitled to be enrolled as burgesses in their respective wards. These lists are to be open to inspection until the 15th September, up to which time any objections may be handed in to the town clerk; and such objections are to be adjudicated upon in each ward by the alderman and by two assessors elected on the previous 1st March, according to the provisions of the Act.5 So much for the constituent body of the corporation. Now we come to deal with its government. This again may be conveniently subdivided into two parts; the one comprising the supreme government, actually forming part of the constitution, the mayor, aldermen, and councillors, the other comprising 1 Reduced to six months by 8 Vic. No. 12. 2 Reduced to £20 by the 8 Vic. No. 12, and to £10 by the 16 Vic. No. 18. 3 The differences between occupancy, inhabitancy (or residence), and householding must be carefully noted. They are of great importance in a municipal system. 4 It is a little difficult to see how such a child would qualify for an "orphan" school. 5 § 33. the executive officials only, some of whom are expressly contemplated by the Act of Incorporation, the rest being merely ministerial, but all being alike in this, that they form no integral part of the corporation, unless qualified on other grounds. Of the first part, the most numerous section are the councillors, who by the Act are required to be seized or possessed of real or personal estate, or both,' to the amount of £1000, either in their own right or that of their wives, or to be rated on an annual value of £50, and to be entitled to be on the burgess list. The disqualifications for the office are as follows 1. The fact of being in holy orders, or being a regular minister of any religious congregation. 2. The fact of holding any office (save that of mayor) in the gift of the council. 3. The fact of having a direct or indirect share in any contract or employment with, by, or on behalf of the council. 4. The fact of being a town "assessor," a judge, chairman, officer, or clerk of any court of justice, or a ministerial law officer of the Crown.2 The councillors are to be elected by the burgesses, three councillors for each ward. Each enrolled burgess is to have as many votes as there are vacancies, but no cumulative voting is to be allowed, and no burgess may vote in more than one ward. The voting is to be open, in writing. The elections are to take place on the 1st November in each year, before the aldermen and assessors; and the councillors chosen are to sit for three years, going out in rotation, so that one seat for each ward must fall vacant every 1st November. A retiring councillor may, however, be re-elected.3 The council is practically the governing body of the corporation. The court of aldermen is mainly executive, and the mayor has no veto on the acts of the council. To the latter body belong the power of legislation (the making of by-laws) and the appointment and superintendence of the executive.* By the provisions of the Act there are to be four aldermen, qualified as and elected by the councillors, but not neces1 It will be noticed that the Act does not prescribe any particular situation for the qualifying property. 2 § 49. Added to by 27 Vic. No. 178, § 33; cf. post, p. 61. 3 §§ 24-28. 4 SS 91, 65. As to the regulation of the elections, cf. 27 Vic. No. 178. CHAP. VI THE CORPORATION OF MELBOURNE 55 sarily members of the council. The election is to take place on the 9th November in every third year, when the two senior aldermen retire, but are eligible for re-election. The voting is to be open, as in the election of councillors, but no councillor may vote for himself.1 The disqualifications for the post of alderman are the same as those for the office of councillor,2 and the fact of election as alderman does not vacate a councillorship.3 The governing body is completed by the election of the mayor, immediately after the election of aldermen, also by the councillors, each of whom has one vote, which he exercises openly in writing. No councillor may vote for himself. The elected mayor must be either a councillor or an alderman, he holds his office for one year, is eligible for re-election with his own consent, and, if a councillor, holds his seat on the council till the 1st November after the expiry of his mayoralty. The chief function of the mayor is, of course, to preside over the meetings of the council. He is the first man in civic affairs, and by the Act is given a general precedence after members of the Legislative Council.5 But the Act gives him also other special functions. It constitutes a separate commission of the peace for the town of Melbourne, with such additional area as the Governor shall approve, and appoints the mayor ex officio a justice during his year of office and the following year. In this capacity, with one or more other justices for the town, he is also authorised to appoint special constables, paid from the town fund.s 6 But besides these constitutional officials, provision is made for others, some elective, some appointed by the council. Of the former, the chief are the assessors and the auditors; of the latter, the town clerk, the treasurer, and the surveyor. The assessors, two for each ward, are to be elected on the 1st March in each year, from among the burgesses qualified for election as councillors, in the same manner as the councillors. But no 1 S$ 24-28. 2 § 49; ante, p. 54, and post, p. 61. 3 On the other hand, it may prolong it. An alderman retains his seat on the council till the 1st November after his office of alderman expires. 4 S$ 46-48. $ 69. 5 § 62. }. These sections are repealed by 28 Vic. No. 267, § 2 ; cf. post, p. 61. person who is actually a member of the council, or who is town clerk or town treasurer, can be elected.1 The duties of the assessors are mainly to assist the alderman of the ward in the conduct of elections and the decision of disputed points.2 The auditors (two for the whole town) are elected at the same time, in the same way, from amongst persons of similar qualifications. They too hold office for a year, but are eligible for re-election.3 The duties of the auditors are, briefly, to inspect and check the accounts of the corporate funds.* The assessors and auditors, although not part of the corporate constitution, are in many respects like the constitutional officials. Like the mayor, aldermen, and councillors, they are liable to a fine if they decline to serve when elected, unless they can claim exemption on one of the following grounds— 1. Lunacy, imbecility of mind, deafness, blindness, or other permanent infirmity of body. 2. Age greater than 65 years. 3. Previous service (or payment of fine) in the same office during the preceding five years. 4. Membership of the civil service. 5. Being a full pay officer in the service of the Crown or the East India Company.5 Like them, they must accept office by taking the oath of allegiance and signing a declaration embodying their qualifications. Like them, they forfeit their office on the happening of any one of the following conditions 1. Bankruptcy, insolvency, or composition with creditors. 2. Absence for more than six calendar months (in the case of the mayor, two months) from the town, except on the ground of illness. [If an official forfeits his post through absence, he must pay the fine.]7 The town clerk is appointed to hold office during pleasure, and is practically the secretary of the corporation, though, as the corporation has no recorder, he probably acts as recorder also, but, of course, has no judicial power. He must be an attorney of the Supreme Court of New South Wales, the District Court of Port Phillip, or one of the superior courts of Great Britain or Ireland. The duties of the treasurer (an annual official) and the surveyor appear from their titles. The treasurer is specially forbidden by the Act to pay money except for the |