No. 347.

Ballarat East be deemed to be commissioners within the meaning 33 VICTORIA, of this Act: Provided also that all Crown lands which may heretofore have been reserved for the purposes of the said water supply shall on the appointment of such commissioners be vested in them, and such Commissioners shall possess enjoy and exercise all the rights powers and duties in respect of such lands as are conferred and imposed on commissioners under this Act.

of Land and

10. It shall be lawful for the Board of Land and Works if they Power for Board shall think fit on behalf of the Government of Victoria with the works to purapproval of Parliament to purchase at any time after the first day chase. of January in the year of our Lord One thousand eight hundred and eighty any of the works constructed by virtue of this Act and the land on which the same may be erected or executed, and all tenements pipes pumps plant and machinery of what kind soever being in or upon or used or employed upon or belonging to such works respectively upon giving to the Commissioners in whom such works shall at the time be vested twelve months' notice in writing of the intention to take such works upon such terms and conditions as shall be mutually agreed upon between such Commissioners and the Board of Land and Works and if any difference in dispute shall arise between the Commissioners and the Board of Land and Works as to any term or condition or as to the amount of purchase money to be paid to the said Commissioners such difference in dispute shall be settled by arbitration in the manner provided by the "Lands Compensation Statute." (a)

verable.

11. All sums charges and rates charged and levied and all Charges and rates penalties and forfeitures which may be imposed by virtue of the summarily recopowers herein before mentioned or hereby given expressly or by reference shall and may be recovered in a summary way before a police magistrate by any person appointed by such Commissioners respectively, or by any person or persons or body corporate in whom the said works may be vested to collect and recover the water charges and rates.

Commissioners to

12. The appointment of such Commissioners respectively shall Appointment of be published in the Government Gazette, and such Gazette shall for be gazetted. all purposes be used and taken as conclusive evidence of the appointment and incorporation of such Commissioners respectively.

(a) Declared to be "The Lands Compensation Statute 1869" by 34 Vict. No. 375, infra.

34 VICTORIA, An Act for amending "The Waterworks Commissioners Act 1869." [15th July 1870.]

No. 375.

Preamble.

Title of Act.

Incorporation of

sation Statute

Act.

HEREAS it is expedient to amend "The Waterworks Commissioners Act 1869:" Be it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1. This Act shall be called and may be cited as "The Waterworks Commissioners Amended Act 1870."

2. The Act mentioned in the said "Waterworks Commissioners Lands Compen- Act 1869" as the "Lands Compensation Statute" is hereby declared 1869" with this to be the "Lands Compensation Statute 1869," and such Act shall be deemed to be incorporated with the said "Waterworks Commissioners Act" and with this Act, and shall be read therewith respectively as if the word "commissioners" were substituted for the words "Board of Land and Works" so far as such Act relates to the purchase and taking of lands, and the expression "the special Act" in the "Lands Compensation Statute 1869" shall include the said "Waterworks Commissioners Act" and this Act.

Qualification of
Commissioners.

3. No person who has been or shall be appointed a commissioner under the said "Waterworks Commissioners Act" shall be incapable of or disqualified from being such commissioner by reason only of his being a member of any body corporate or mining company whether incorporated or not, or of any shire or borough council, or of the board of any road district, from which respectively any sum or sums of money have been or shall be borrowed under the said Act; nor shall any contract or agreement entered into whether by mortgage or otherwise, either to secure and repay the said money and interest or to convey assign transfer and hand over the works together with all the rights powers and privileges by the said Act given, be impeached or impeachable by reason only of any such commissioner being such member as aforesaid unless in case of any commission to be hereafter issued the contrary should be expressed therein.

An Act to amend "The Waterworks Act 1865," and 36 VICTORIA, "The Waterworks Commissioners Act 1869.'

[17th December 1872.]

E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:—

No. 442.

1. This Act shall be called and may be cited as "The Amending Title of Act. Waterworks Statute 1872."

in section 5 of

2. In section five of "The Waterworks Act 1865" the words Repeal of words "within seven years from the passing hereof" are hereby repealed, "The Waterworks and the said section shall be read as if such words were omitted Act 1865." therefrom.

Ballaarat East

when required

gages of land and

3. The Ballaarat and Ballaarat East Water Commissioners Ballaarat and shall from time to time when thereunto required by the Board of Water CommisLand and Works execute such mortgages of the land and works now sioners shall or which may hereafter be vested in them and the tolls payable in execute mortrespect of the same as the Board may deem advisable for securing the repayment of the sum of One hundred thousand pounds lent by the Governor in Council to the Borough or City of Ballaarat and the Borough of Ballaarat East to enable them to extend the works for water supply to Ballaarat, and of the sum of One hundred and seventy thousand pounds hereafter to be lent by the Governor in Council to such commissioners, with interest thereon at the rate of Six pounds per centum per annum respectively. All moneys paid or to be paid by way of interest in excess of the rate of interest paid by the Government on the loan or loans out of which such sum or sums have been or shall be advanced shall be applied in reduction of the principal advanced: And upon the execution of any mortgage for securing the repayment of the said sum of One hundred thousand pounds all securities theretofore given for the same by the borough or city of Ballaarat and the borough of Ballaarat East jointly or severally shall become void, and the said city and borough shall thereupon become released from all liability in respect of the said sums mentioned in this Act and all interest thereon.

No. 448.

36 VICTORIA, An Act to authorize Local Governing Bodies to make Rates and give Security on Waterworks Tolls and Rates for Loans advanced.

[17th December 1872.] WHEREAS the construction of works for effectually supplying divers districts with water would be a great public advantage: And whereas it is expedient to grant loans of money to local governing bodies to enable them to execute such works, and give power to such local governing bodies to make rates and to mortgage such works tolls and rates: Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:

1. This Act shall be called and may be cited as "The Local Governing Bodies Loan Act 1872."

2. In the construction and for the purposes of this Act the following terms shall if not inconsistent with the context or subjectmatter have the respective meanings hereby assigned to them (that is to say) :

"Local governing body" shall mean and include the council of any city town borough or shire or the board of a road district, commissioners appointed under the " Waterworks Commissioners Act 1869," and all bodies or persons authorized now or hereafter by an Act of Parliament to construct waterworks.

"Rates" shall mean any rent toll reward or payment which may be made by the local governing body as a water rate upon the rateable property within the water supply district, and the valuation on which an annual rate is levied on such rateable property under the "Shires Statute" and "Boroughs Statute" and "Local Government Act" No. CLXXVI.) shall be used for the purpose of levying such rate.

"Water supply district" shall mean the place or locality for which the Governor in Council has granted a loan for waterworks purposes, and which shall be defined in the order making such grant.

3. [Repealed by 38 Vict. No. 500 s. 3, "Waterworks (Loans Amendment)," post, p. 2592.]

4. To secure the repayment of any money lent together with interest thereon by the Governor in Council to the local governing body for the purposes of this Act such local governing body shall execute such mortgages of the land and works which are now or may hereafter be vested in them and the tolls payable in respect of the same to the Board of Land and Works as it may deem advisable, and in default of payment by the local governing body of the interest

(a) Or any Act or Acts for the time being in force relating to local government.-38 Vict.

No. 500 s. 2. "Waterworks (Loans Amendment)," post, p. 2592.

No. 448.

which the Government has to pay on the loan or loans out of which 36 VICTORIA, such sum is advanced the Board of Land and Works shall have the power to make and levy a rate not exceeding Two shillings in the pound for the net annual value on the rateable property within the water supply district for the payment of such interest and the expenses incidental to the maintenance and management of the works and the collection of the rates and exercise all the powers herein in the same way as the local governing body is hereby empowered to do.

289.

5. Part V. of "The Public Works Statute 1865" with the Incorporation of exception of sections one hundred and eighty-nine, one hundred and Part V. of No. ninety-two, and one hundred and ninety-three, and omitting so much of section one hundred and ninety-one as relates to the liability of the late Commissioners of Sewers and Water Supply, and in section two hundred and thirty-nine the words "the Yan Yean or" and "other," is hereby incorporated with and shall be read and construed as a Part of this Act; and in the construction of such incorporated Act the "Board of Land and Works" shall mean the local governing body, the word "borough" shall include any city town shire or road district comprised within any water supply district, the words "The limits of this Part of this Act" shall mean any water supply district.

An Act to amend "The Local Governing Bodies Loan
Act 1872."

[24th December 1874.]

E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:

1. In this Act the term "principal Act" means "The Local Interpretation. Governing Bodies Loan Act 1872." Words and expressions to