No. XV.
An Act to a m e n d t h e " Municipalities Act of 1867." [2nd June, 1874.]
H E R E A S t h e " M u n i c i p a l i t i e s A c t of 1867 " c o n t a i n s n o p r o  vision for c a u s i n g a n y i n q u i r y to be h e l d in cases w h e r e t h e s a m e persons a p p e a r to h a v e signed b o t h t h e p e t i t i o n a n d c o u n t e r p e t i t i o n referred t o in t h e t e n t h section of t h e said A c t n o r for t h e election of a m a y o r in a n y M u n i c i p a l i t y after t h e first election t h e r e  u n d e r in cases w h e r e t h e r e shall be a n e q u a l i t y of votes recorded for a n y t w o or m o r e a l d e r m e n n o r for t h e election of a l d e r m e n in cases w h e r e b y r e a s o n of t h e o c c u r r e n c e of e x t r a o r d i n a r y or o t h e r vacancies t h e m e m b e r s of t h e Council of a M u n i c i p a l i t y shall h a v e b e e n r e d u c e d below t h e q u o r u m prescribed b y law B e it therefore e n a c t e d by t h e Q u e e n ' s M o s t E x c e l l e n t Majesty b y a n d w i t h t h e advice a n d c o n s e n t of t h e Legislative Council a n d Legislative A s s e m b l y of N e w S o u t h W a l e s in P a r l i a m e n t assembled a n d b y t h e a u t h o r i t y of t h e same as follows :-- 1. This A c t m a y be cited as t h e " Municipalities A c t of 1867 A m e n d m e n t A c t of 1 8 7 4 " a n d shall be read w i t h a n d as f o r m i n g p a r t of t h e " M u n i c i p a l i t i e s A c t of 1 8 6 7 " hereinafter t e r m e d t h e " P r i n c i p a l Act," 2. I t shall be lawful for t h e M i n i s t e r in a n y case w h e r e a p e t i t i o n a n d c o u n t e r - p e t i t i o n u n d e r a n d for t h e purposes of t h e t e n t h section of t h e P r i n c i p a l A c t shall h a v e been or shall hereafter be received by t h e G o v e r n o r a n d it shall be credibly r e p r e s e n t e d t o such M i n i s t e r t h a t c e r t a i n persons h a v e signed b o t h t h e petition a n d t h e c o u n t e r - p e t i t i o n to cause s u c h i n q u i r y t o be m a d e as t o t h e t r u t h of s u c h r e p r e s e n t a t i o n as h e m a y t h i n k necessary for t h e p u r p o s e s a n d subject to t h e provisions c o n t a i n e d i n t h e twelfth t h i r t e e n t h a n d f o u r t e e n t h sections of t h e said A c t . 3. N o t w i t h s t a n d i n g t h e provisions of t h e P r i n c i p a l A c t every person now or hereafter to b e elected m a y o r of a B o r o u g h or M u n i  cipal D i s t r i c t shall ( a l t h o u g h his t e r m of office as a l d e r m a n shall h a v e expired) c o n t i n u e to hold office as m a y o r u n t i l t h e election of his successor a n d shall preside at all m e e t i n g s of t h e Council h o l d e n in p u r s u a n c e of t h e said A c t for t h e election of such successor a n d shall h a v e p o w e r to adjourn a n y m e e t i n g in t h e absence of a q u o r u m A n d for t h e purposes of such election t h e m a y o r shall (if he shall h a v e ceased t o be a n a l d e r m a n ) h a v e a c a s t i n g vote only b u t if his t e r m of office as a l d e r m a n shall n o t have expired such m a y o r shall h a v e a n d exercise a n original b u t n o t a c a s t i n g vote A n d in case t h e m a y o r of a n y M u n i c i p a l i t y shall die or b e c o m e subject t o a n y of t h e disqualifications m e n t i o n e d i n t h e t h i r t y - s e v e n t h section of t h e P r i n c i p a l A c t a n d his office as m a y o r b e t h e r e b y v a c a t e d it shall be lawful for t h e G o v e r n o r (if h e shall t h i n k it e x p e d i e n t so to do) to a p p o i n t a n y one of t h e a l d e r m e n of such M u n i c i p a l i t y or such o t h e r p e r s o n as h e m a y t h i n k fit to preside as c h a i r m a n a t a n y m e e t i n g of t h e Council for t h e election of a m a y o r called in p u r s u a n c e of t h e provisions of t h e P r i n c i p a l A c t A n d such c h a i r m a n (if h e shall n o t be a n a l d e r m a n ) shall have a n d exercise a c a s t i n g vote only b u t if h e shall hold office as a l d e r m a n he shall be entitled to a n original b u t n o t to a c a s t i n g vote a n d shall h a v e power in either case t o adjourn any

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any meeting at which a quorum shall not he present Provided that where an equal number of votes shall before the passing of this Act have been or be hereafter given for any two or more candidates it shall be determined by lot which of such candidates shall be declared to have been elected as mayor. 4. Where by reason of the occurrence (whether before or after the passing of this Act) of extraordinary or ordinary vacancies or both in the offices of aldermen in any Municipality the number of aldermen for such Municipality has been or shall be reduced below the number prescribed by the Principal Act as a quorum or where in any such case there shall be no council clerk for such Municipality it shall be lawful for the Governor to appoint any one of the remaining aldermen or such other person as in his discretion he may think fit to perform the duties of returning officer for the purposes of holding an election of aldermen and of mayor for such Municipality and such returning officer shall in such election for mayor have and exercise a casting but not an original vote And it shall also be lawful for the Governor in any case where the aldermen of a Municipality are reduced below the required quorum as aforesaid and there is no council clerk to appoint a council clerk for such Municipality And no Municipality shall by reason of the occurrence of any or all of the events mentioned in this section be deemed at law or in Equity to have become dissolved or to have lapsed thereby And any person so appointed by the Governor shall until the completion of such elections but no longer hold office as council clerk to all intents and purposes as fully and effectually as if he had been appointed or entitled under the said Principal Act and shall be remunerated by such fee payable from the funds of the Municipality as the Governor may appoint And all other expenses incident to such elections shall be payable from the said funds in like manner as the expenses of subsequent elections.