The Muncipalities Act of 1867

MUNICIPALITIES ACT OF 1867,

WITH

NOTES THEREON, AND GENERAL INSTRUCTIONS FOR THE WORKING
OF MUNICIPAL COUNCILS, AND THE CONDUCT OF

ELECTIONS, &c., THEREUNDER;

ALSO, WITH A

DRAFT CODE OF BY-LAWS,

AND OTHER INFORMATION RELATIVE TO THE TRANSACTION OF
MUNICIPAL BUSINESS;

CHARLES ST. JULIAN,

MAYOR OF MARRICKVILLE,

PRESIDENT OF THE CONFERENCE OF MUNICIPAL DELEGATES OF 1866-7.

PREFACE.

THE importance and usefulness of the corporate institutions administered under the Municipalities Act of 1867 are undeniable. That Act is one of the most valuable on the Statute Book of the Colony. But, by reason of its comprehensiveness-the magnitude of the interests which it affects, the number of subjects with which it deals, and the many and varied duties which it imposes-the task of carrying out its provisions with efficiency is a very difficult one. This difficulty is the more felt, because that task is usually cast upon persons who are not accustomed to deal with legal intricacies. Hence, such a work as the present has been thought necessary.

Although the writer has had considerable experience in the working of Municipal Institutions, he is not a lawyer. But on every question of difficulty he has consulted with one or more gentlemen of eminence in the legal profession, who have kindly afforded him the benefit of their advice. To one of these gentlemen-T. J. Fisher, Esq., Barristerat-Law-the writer is under especial obligations, which he takes this opportunity of thankfully acknowledging. Mr. Fisher (whose opinions are all the more valuable, because, having properties in several Municipalities, he has studied this Act with peculiar attention) has gone over the whole of the work as printed, has signified his general concurrence in the principles therein laid down, and has added some valuable notes which will be found in the Addenda. Even as a guide on questions of law, therefore, this work will, it is trusted, be found as reliable as most other publications of like character.

It is right to add that, although this work is issued from the Government Press, the Government is not responsible for its contents.

INDEX.

ABBREVIATIONS-Sched., SCHEDULE; App., APPENDIX: Add.,
ADDENDA; p. page: pp. pages. Where a number is mentioned,
it refers to a section. Thus 53 p. 43, means section 53 page 43.
The letters within parentheses are references to notes. Thus, (h)
p. 158 means note (h) page 158.

Absence, disqualification by-37 p. 25.

Leave of-(0) p. 26.

Through emergency-(p) p. 26.

Account in Bank-how kept, &c.-180 p. 168.

Accounts, making up of-for endowment-(c) p. 3.

To be rendered by Officers of the Council-151 p. 135.

Books of how to be kept and inspected, &c.-181 p. 168.

Separate-to be kept of Special Rates-182 p. 169.

To be audited and published-183 p. 169.

Balance of-for Special Audit-185 p. 170.

Adjustment of-189 p. 179-(0) p. 179.

Act-Municipalities-of 1858, repeal of-1 p. 1.