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Part n. DIVISION 1.

Municipal Corporations Act.—1923..

(2) The Proclamation shall describe the boundaries of such wards, and may assign a name to each of such wards.

(3) The Municipality shall thenceforth be divided and formed into wards as described in such Proclamation.

Governor may add 16. The Governor may, without petition, exercise the powers
Crown lands to
Municipality without conferred upon him by section 5 of this Act, of adding land to a

Municipality in any case where the land so added belongs to the Ibid., s. 16. Crown, and has not been granted or lawfully contracted to be

granted to any person in fee simple, or for an estate of freehold.

Governor may, without petition, annex road to Municipality or District.

1183, 1914, s. 7.

17. (1) Where any road, street, or highway, or any portion thereof, forms the boundary or part of the boundary of, or adjoins, any Municipality or Municipalities or District or Districts, or any part thereof, the Governor may, by Proclamation, without any petition, annex such road, street, highway, or portion to any such Municipality or District as aforesaid, or in separate portions to such Municipalities or Districts, or any two or more of them, and the same shall thereupon be included in such Municipality or Municipalities, District or Districts accordingly.

(2) In this section “District” means a District as defined in the District Councils Act, 1914.

Governor may

18. The Governor may, from time to time, by any order or orders, apportion property, apportion, settle, or adjust any property, rights, liabilities, or

matters which he considers ought to be apportioned, settled, or adjusted in consequence of the exercise by him of any of the foregoing powers.

M. C. Act, 1890,

s. 17.


Petition for union of Municipalities. 660, 1896, s. 2.

DIVISION II.—UNION OF CORPORATIONS. 19. Any two or more Corporations may, subject to the provisions hereinafter contained, present a petition to the Governor for the union of their respective Municipalities.

Poll of ratepayers to be taken before petition presented.

Ibid., s. 3.

20. No such petition shall be presented unless-
(a) the Councils of such respective Municipalities have given

or caused to be given one month's previous public notice
of the intention to submit to a poll of the ratepayers
of their respective Municipalities a proposition for the

union of such Municipalities ; (6) such proposition has been carried by a poll of the ratepayers

in each of such Municipalities ; and (c) such petition is accompanied by a certificate under the

hands of the Mayor and Town Clerk of each of such Municipalities stating the result of such poll in their respective Municipalities.

21. Every


Contents of petition.
Ibid., s. 4.

Municipal Corporations Act.—1923. 21. Every such petition shall state(a) the proposed name of the Municipality to be formed by

the union of the Municipalities mentioned in the petition ; (b) the proposed name of the Corporation of such Municipality ;

and (c) the boundaries of the wards into which it is proposed to

be divided.

22. The provisions of sections 10, 11, and 12 shall apply to every Provisions of such petition.

12 to apply.

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sections 10, 11, and

Ibid., s. 5.

Union of Munici.
Ibid., s. 6.

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23. The Governor may, by Proclamation-
(a) unite the Municipalities mentioned in the petition into one

Municipality :
(b) assign a name to the Municipality formed by such union,

and to the Corporation of such Municipality : (c) define the boundaries of, and give a name to, each of the

wards of such Municipality : (d) declare without any further petition that the provisions of

Part XXXVI. respecting Aldermen shall be applicable

to such Municipality :
(e) from time to time apportion, settle, or adjust any property Ibid., s. 7.

rights, liabilities, or matters which he considers ought
to be apportioned, settled, or adjusted in consequence
of the exercise by him of any of the powers conferred

upon him by this Division. 24. The following provisions shall apply upon the union of Effect of union of Municipalities :


Ibid., ss. 8, 9, 10. 1. The Municipality formed by such union shall include an

area being the aggregate of the areas of the Municipalities

united :
II. The Corporation of the Municipality so formed shall be

deemed to be one and the same Corporation as the
Corporation of each of the Municipalities by the union

of which it was formed :
III. All rights and duties of the Corporations of such Munici-

palities against or owing to each other shall be ex

tinguished :
IV. All property rights and liabilities vested, possessed, or

incurred, and all matters and things not otherwise
provided for, made, or done in, by, or on behalf of the
Corporation of any of the Municipalities so united shall
vest in and attach to and be deemed to have been made
or done by or on behalf of the Corporation of the
Municipality formed by such union.

V. All

PART 11.

Municipal Corporations Act.—1923.

v. All by-laws and regulations in force in any of the Munici

palities united at the time of the union, whether made under this Act or any Act hereby repealed, or any other Act, which are applicable to the altered circumstances, shall become by-laws and regulations respectively of the Municipality formed by such union, and may be

repealed or altered by the Council of such Municipality. vi. Until so repealed or altered, every such by-law and regula

tion shall remain in force in the territorial area only

in which it was in force previous to such union : VII. Every by-law and regulation which cannot be restricted

to any particular territorial area shall be deemed inapplicable, and all by-laws and regulations which are inapplicable to the altered circumstances shall be by

such union repealed : VIII. The Mayor and Council of the Municipality formed by such

union shall, until the conclusion of the next annual election, consist of the Mayors of the Municipalities united, and all the Councillors of such Municipalities, or any councillors elected in their places to fill any

extraordinary vacancies : ix. The Mayors of the Municipalities united shall decide by

lot which of them shall be Mayor of the Municipality

formed by such union : x. At the conclusion of the next annual election the Mayor

and all the Councillors shall go out of office.

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Governor may



25. The Governor, on a petition, as hereinafter mentioned, may, dissolve a Corpora- by Proclamation, dissolve any Corporation, and may, by such 573, 1893, s. 47.

Proclamation, determine all matters relating to the dissolved
Corporation and to its assets, liabilities, contracts, affairs, rights,

property, and obligations.
Petition, how 26. A petition to dissolve a Corporation shall be signed by not

less than one-half of the ratepayers of the Municipality. Ibid., s. 48. Sections 10, 11, and 27. Counter-petitions may be presented, and the provisions of 12 to apply to such petition.

sections 10, 11, and 12 shall apply to petitions and counter-petitions Ibid., s. 49.

under this Division.


Municipal Corporations Act.—1923.



Incorporation. 28. (1) The Mayor, Councillors, and citizens of every Municipality Incorporation. shall be a body corporate.

8. 80 (part), s. 81 (2) Every Corporation shall by its corporate name have perpetual (part), 8. 82. succession and shall have and use a common seal.

M. C. Act, 1890,

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Names of Corporations. 29. Every Corporation, other than that of the City of Adelaide, Name of Corpora. and any other Corporation to which the Governor has heretofore tion. assigned, or hereafter, pursuant to section 31, assigns the name of Ibid., s. 80 (part). The Corporation of the City of

shall be styled “ The Corporation of the Town of

(such blanks being filled in with the distinctive name of the Municipality concerned).

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886, 1905, s. 2.

of a Census.

notice to house

30. (1) If the Council of any Municipality have reason to believe Council may petition that the total number of inhabitants within such Municipality exceeds for a Census. twenty thousand, they may, by petition, pray the Governor to authorise the taking of a Census of such inhabitants. (2) Upon receipt of such petition the Governor may, by Procla- Governor may

authorise the taking mation(a) authorise the taking of such Census ;

Ibid., s. 3. (6) appoint the Town Clerk or other person to collect the

information required; and (c) fix the date for the taking of such Census. (3) The Town Clerk or other person appointed as aforesaid shall Town Clerk to give cause general notices to be affixed on such conspicuous places as holders, &c. are deemed proper, requiring every householder, employer of Ibid., 8. 4. servants, and proprietor or occupier of land within the Municipality to be prepared on the day fixed as aforesaid, or the days immediately subsequent thereto, to give all such information as is required by any form or forms which shall be determined on and published by the Town Clerk or other person appointed as aforesaid.

(4) The Town Clerk or other person appointed as aforesaid may Town Clerk to depute other persons to collect the information required on the day collect information. appointed, and on the days immediately subsequent thereto, and Ibid., s. 5. to take account, in writing, of the number of inhabitants at that time being within the Municipality, and ascertain the particulars specified in the form or forms.

(5) Such persons may ask such questions of the householders or inhabitants residing within the Municipality as are necessary to fill up the said form or forms.

(6) Every

Municipal Corporations Act.—1923.


Town Clerk to
ascertain and certify
result of Census.
Ibid., s. 6.

(6) Every person refusing or neglecting to answer or wilfully giving a false answer to any such question shall be liable to a penalty not exceeding Twenty Shillings.

(7) The Town Clerk or other person appointed as aforesaid shall(a) proceed, within one month after the collection of the

information required, to ascertain therefrom the number

of inhabitants within the Municipality; (6) certify in writing as to the exact number of such inhabitants ;

and (c) make a statutory declaration of the truth of such certificate. (8) Such certificate shall, together with the statutory declaration, be forwarded to the Governor.

(9) The whole of the expenses incurred in and relating to any such Census shall be paid by the Municipality in relation to which such Census is taken.

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31. The Governor, on being satisfied that any Census taken as aforesaid discloses that the number of inhabitants in any Municipality exceeds twenty thousand, may, by Proclamation, assign the name of “ The City of

to such Municipality, and the name of “ The Corporation of the City of

to the corporation of such Municipality.

Mayor and Coun-
cillors to be an
executive council.
M.C. Act, 1890,
8. 20.

Councils and their Members.
32. The Mayor and Councillors of every Municipality appointed
or continued as herein before mentioned, or elected as hereinafter
mentioned, shall constitute a Council for-

(a) the good government of such Municipality;
(b) the management of the affairs thereof;
(c) the exercise within the limits of such Municipality of such

powers and authorities as by this Act are vested in or

delegated to Councils ; and (d) the exercise outside the limits of such Municipality of such

powers and authorities as by this Act are permitted or directed to be exercised by Councils outside such limits.

Constitution of
Ibid., s. 21.

33. (1) Every such Council shall consist of a Mayor for the Municipality and of two Councillors for each ward therein.

(2) Such Mayor and Councillors shall be elected from among and by the qualified citizens of such Municipality as hereinafter provided.

Mayor must have served in Council. 833, 1903, s. 7.

34. No person shall be qualified to serve as Mayor unless he has at the time of his election served one year as Mayor, Alderman, or Councillor, in some Municipality in the State.

35. Every

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