IN RE THE BOROUGH OF FLEMINGTON AND KENSINGTON

27 VLR 7·MADDEN, C.J., HOOD, WILLIAMS, and A’BECKETT, JJ.
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27 VLR 7
27 VLR 7
IN RE THE BOROUGH OF FLEMINGTON AND KENSINGTON Supreme Court of Victoria (Full Court) MADDEN, C.J., HOOD, WILLIAMS, and A’BECKETT, JJ. April 12, 15, 23, 1901, 14 June 1901 Local Government Act 1890 (No. 1112), ss. 3; 191, 193, Schedule 13, Part I., clause 44 — Local Government Act 1874 (No. 506), s. 5, Schedule 13, Part I., clause 44 — Municipal council — By-law — Scope of authority of framers — Legality — Reasonableness — Driving "cattle" during prohibited hours — Amendment of by-law — Costs .

In determining the validity of a by-law the Court will have due regard to the preservation of the interests of the public at large, and while reluctant to interfere with the discretion given to the framers of the by-law, will declare the same to be void if on consideration of all the surrounding circumstances it is shown to be so unreasonable as to be capricious and oppressive.

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