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MELBOURNE,
Nov. 14, 15, 16.
Sypney, Dec. 15.
Knox 0.J., Isaacs and Higgins JJ.
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Yanner v
[HIGH COURT OF AUSTRALIA.]
THE MAYOR, ALDERMEN, COUNCILLORS AND CITIZENS OF THE CITY OF ; Apps:
MELBOURNE . . . . . J
AND
BARRY . 3 es e i : é : . Rzsron
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Local Government—By-law—Validity—Ulira vires—Regulation of Prohibition, unless with consent of council—Police regulation—Statute—Inte pretation—Judicial decision upon interpretation—Subsequent re-enactme statute—Consolidating Act—Local Government Act 1915 (Vict.) (No. secs. 188, 197 (10), (22), (37), 198, 199, 203, 204, 206, 208, 209, 223, 224, 22 —Local Government Act 1874 (Vict.) (No. 506), sec. 213 (xvxt.)—Local Gover Act 1890 (Vict.) (No. 1112), sec. 191 (x1x.)—Local Government Act 1903 (Vi (No. 1893), sec. 197 (22), (34)—Police Offences Act 1915 ( Vict.) (No. 2708), —Police Offences Act 1878 (Vict.) (No. 630), sec. 2—Police Offences Act (Vict.) (No. 1126), sec. 6—Police Offences Act 1912 (Vict.) (No. 2422), set | Acts Interpretation Act 1890 (Viet.) (No. 1058), sec. 32—Acts Interpretation A 1915 (Vict.) (No. 2609), sec. 33—Unlawful Assemblies and Processions Act 19
(Vict.) (No. 2743), sec. 10. 7
See. 197 of the Local Government Act 1915 (Vict.) provides that "S to the provisions hereinafter contained by-laws may be made for any m ity for the purposes mentioned in this Act and for the purposes follo1
. (10) Suppressing nuisances: . . . (22) Regulating traffic processions: . . . (37) Generally for maintaining the good rule government of the municipality." Sec. 6 of the Police Offences Act 1915 (Vie provides that " Any local authority may from time to time make rules regulations for the route to be observed by all carriages carts vehicles persons and for keeping order in the carriage and footways and public pl and for preventing any obstruction thereof whether by the assemblag
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