£ 100 100 50 41. North Ballarat (on condition that £100 be raised locally and spent on 42. Ararat Botanical Gardens (on condition that council expends £50 on DEPARTMENT OF MINES. 44. Loan to the South Star Mine, at Ballarat, under conditions to be approved of by the Governor in Council. 45. Towards mining development and boring for gold and coal DEPARTMENT OF WATER SUPPLY. 46. Loan to the Ararat Borough for Waterworks 47. Loan to the Upper Macedon Waterworks Trust DEPARTMENT OF HEALTH. 50. To make available for the Greenvale Sanatorium for Consumptives the following sums, appropriated by the Surplus Revenue Act No. 1904 : Item 47. Contribution to fever and other hospitals £1,500 53 Quarantine Station, Nepean, including accom- 1,500 5,000 8,000 4,000 1,000 1,000 750 51. Additions to Middle Park railway station 300 52. Repairs and additions to Wilson-street bridge, Brighton 1,000 53. Towards planting and ornamenting railway reserves at and near North Melbourne and railway lands alongside lines 1,000 1,000 11,000 8,000 54. Towards building new railway station and approaches thereto at South 58. To credit the Railway Loans Repayment Fund deficiency in the value 9,433 42,084 59 To credit the Rolling-stock Replacement Fund towards making good the deficiency in the Inventory of Rolling-stock 60,000 508,117 MELBOURNE: By Authority: ROBT. S. BRAIN, Government Printer. An Act to amend the Probate Charges Act 1903. [12th September, 1905.] BE 1. This Act may be cited as the Probate Charges Act 1905, and shall be read and construed as one with the Probate Charges Act 1903 (hereinafter called the Principal Act). 2. In paragraph (a) of section two of the Principal Act after the words "does not exceed" there shall be inserted the words "Four hundred pounds a charge of Four pounds, and where the same does exceed Five hundred pounds a charge of Five pounds, and where the same does not exceed " not an 3. Where the property left does not exceed Four hundred pounds and also where the property left does not exceed Five hundred pounds, additional charge of Twenty shillings may be allowed for professional services out of the estate where the probate or letters of administration are obtained by a barrister and solicitor who has no office Short title and construction. No. 1827. Rate of charges in small estates. Additional fee employed by country when agent practitioner. Limit of charges for estates over £5,000. Statutory limits to be allowed and to be taxed. office in Melbourne or within five miles thereof, and who employs a barrister and solicitor in Melbourne as his agent to obtain such probate or letters. 4. Notwithstanding anything contained in section two of the Principal Act the charges which may pursuant to such section be paid and allowed out of the estate of any deceased person where the property left exceeds Five thousand pounds shall be not higher than if such property was of the value of Five thousand pounds only. 5. Where in consequence of a barrister and solicitor having extra costs claimed special or unusual work in obtaining probate or letters of administration he claims extra costs beyond the limits authorized by section two of the Principal Act as amended by this Act, then the taxing master or taxing officer in taxing and settling the bill of costs shall allow the sum provided for in the said section as so amended for the work done other than the special or unusual work, and shall tax and settle such extra costs pursuant to the provisions of section three of the Principal Act. MELBOURNE: By Authority: ROBT. S. BRAIN, Government Printer. An Act to authorize the Town of Malvern to [12th September, 1905.] HEREAS pursuant to the provisions of The Local Government Preamble. with a hundred and ninety and advertised in the Government Gazette on the Government Gazette, seventh day of May One thousand eight hundred and ninety the page 996. Council of the Shire of Malvern (which has since been proclaimed a Borough and more recently a Town) by the sale of debentures borrowed the sums of Twenty-five thousand pounds secured upon the credit of the said municipality: And whereas in the said notice it was set forth that the purposes to which the said loans were to be applied included amongst other things the amount of One thousand and £1,405 7s. 8d. four hundred and five pounds seven shillings and eightpence for expenditure for the purposes set forth in the First Schedule to this Act: And whereas the said amount is not now required for the purposes set forth in the said First Schedule but is required for First Schedule. the purposes set forth in the Second Schedule to this Act: And whereas Second Schedule. it is expedient to enable such amount to be so applied with the consent of the holders of the said debentures unless forbidden so to do by the ratepayers Short title. Construction. No. 1893. Malvern Council order altering ratepayers of the said town: Be it therefore enacted by the King'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 (that is to say) :— 1. This Act may be cited as the Malvern Loan Act 1905. 2. This Act shall be construed as one with the Local Government Act 1903. 3. (1) Subject to the following provisions the Council of the Town may make special of Malvern may make a special order declaring that all or any specified part of the money borrowed for the purposes set forth in the First Schedule to this Act shall be applied for all or any of the purposes set forth in the Second Schedule to this Act and specified in such special order. application of portion of loan. First Schedule. Consent of debenture holders necessary. Special order no effect until confirmed. Special order not to advertised or if forbidden by ratepayers. (2) No such special order shall be made until the holders of all debentures sold for the purposes of the said loan have in writing signified their approval of such proposed alteration of the application of the proceeds of the loan. (3) No such special order shall have any force or effect unless confirmed at a subsequent meeting of the said Council, and unless at such meeting the resolution for such confirmation is carried by a majority of the whole number of members of the Council. (4) No such special order shall be so confirmed unless the said be confirmed until Council shall at least two months previously have published in the Government Gazette and also twice in some newspaper generally circulating in the municipal district of Malvern a notice of their intention to confirm such special order and are not forbidden from confirming such special order by ratepayers whose votes form one-third of the number of votes for which voters are inscribed on the municipal roll of the said municipality. (No. 1893 s. 360.) Mode in which ratepayers of special order. (5) Within one month after the publication of such notice any forbid confirmation twenty persons whose names are inscribed on the municipal roll may by writing under their hands delivered to the mayor or clerk of the municipality together with a sum of Twenty pounds demand that the question whether or not such special order be confirmed be submitted to the election of the ratepayers; and thereupon the votes of the ratepayers shall be taken upon the question accordingly in as nearly as possible the like manner as the votes of the ratepayers desiring to forbid a council from proceeding further with a loan are taken under Part XIV. of the Local Government Act 1903, and the said Part and the Eighteenth Schedule of the said Act shall be read and construed with such substitutions as may be necessary for such purpose and any reference in such Part or Schedule to the forbidding of a loan shall be deemed and taken to refer to the forbidding of the confirmation of a special order as aforesaid. (No. 1893 ss. 356-361.) SCHEDULES. |