disturbance therein, or swearing or cursing, or using gross or indecent language, All scales, weights, and measures were to be examined by the Inspector, and fraudulent or defective ones seized. A fee of 3d. was payable for every weight and measure comparison, and 2d. per cwt. for any saleable article weighed by the Inspector. All articles sold by hundredweight should be computed by the standard of 112 lbs., and persons selling articles deficient in weight by such standard incurred a forfeiture of from 10s. to 20s. for every offence. Potatoes had to be disposed of by weight only, an infringement of which was followed by a fine of from 10s. to 20s. Persons exposing articles for sale in other than the appointed places, or in the open spaces between the separate divisions, were liable to a similar fine. Stalls were rented for 5s. per week, and a "Stand" 2s. 6d. per day. A fine of £5 was incurred for exposing for sale other than in a house, shop, or other permanent building, articles chargeable with Market dues, and the damagers of posts and rails might be fined 20s.
The Hay and Corn Market was open on Wednesday and Thursday in each week from 6 a.m. to 3 p.m. Every load of articles intended for sale and brought within the boundaries of the town, had to be taken to the Market, except any conveyed direct to private stores; and street-hawkers of such produce incurred a £5 fine. For every sack or dray-load of such articles so brought, one shilling was to be paid by the driver upon entry of same. The Inspector could order the placing of drays and carts; and the bullocks or horses attached to them had to be immediately taken outside the Market, if the Inspector so ordered. Disobedience of orders, or abusive or improper language, was fineablein not more than £1; and produce, if not disposed of on the Market day, might remain on payment of one shilling per diem until removed.
The Cattle Market was open in winter at daylight, in summer at 5 o'clock, and closed at 4 p.m. throughout the year. No cattle intended for sale to be allowed to enter the limits of the town south of the Market, on a line drawn east and west, under a penalty of 40s. per head. Arrangements were made for the occupation of the Cattle Yards at a charge of 3d. per night for each head of cattle and horses, 6d. for each score of sheep for the first four nights of occupation, but no tax could be demanded for the three succeeding nights. Posts and rails were protected from injury by possible fines of 20s., exclusive of any damages recoverable in a civil suit.
District Council of Bourke.
By the 46th section ofthe Constitution Act, 5 and 6 Vict., c. 76, power was given to the Governor of New South Wales to incorporate the inhabitants of every county, or part of a county, in the colony under the designation of a District Council. The members of such bodies were nominated by the Governor, and afterwards elected in the following proportions:— Populations of less than 7000, members not to exceed 9; 7000 to less than 10,000, 12; from 10,000 to less than 20,000, 15; and 20,000 and upwards, not more than 21. The qualification for members and electors was the same as for the Legislative Council; the tenure of office was for three years, and the President or Warden, as he was styled, was to be appointed by the Governor. The powers of Councils were very extensive. They were charged with the making, maintaining or improving of any new or existing road, street, bridge, or other convenient communication throughout the district; or stop up, alter, or divert any road, street, or communication; could build, repair, and furnish public buildings; purchase any real or personal public property requisite for the use of the inhabitants; sell such part of the real or personal public property of the district as might have ceased to be useful to the inhabitants; manage all property belonging to the district; provide means for defraying the expenses ofthe administration of justice and police, and for the establishment and support of schools. For these purposes they could raise all necessary funds by the levy of tolls on public works, and rates and assessments on real and personal property, or in respect of such property, upon the owners and occupiers thereof by virtue of bye-laws, approved of by the Governor-in-Council. The only District Councils created in Port Phillip were those of the counties of Bourke, Grant, and Normanby. The first nominated Council in Bourke was in 1843, and its members were — Mr. James Simpson (Warden), Majors F. B. St. John and W. Firebrace, Drs. P. M'Arthur and F. M'Crae, Messrs. Thomas Wills, J. L. Foster, Joseph Hawdon, J. D. L. Campbell, Henry Dendy, and George S. Airey. Mr. Henry Moor was appointed Solicitor, and Mr. James Smith, Treasurer. This Council seemed to be afraid of its responsibilities,
