Adelaide Assessments Act 1849 (SA)

No. 13.

ORDlNANCI;: Rrxwtrd by the Governor of Sout?, Australia, with the adtiice I

and consent oj' the Legislative Council thereoyf:

Furtlrer to ctmend and continue the Orr~innr~r-es nuthorisirg the I

Lewy'ing of an Assessment within the City of Adelaide, and to

proaide for the Fr~~provernent o f the City, until Municipul In- <?,$ # ,- .c 4.- B

---- - -- -+

scfitutions s /~ull be estublished.

[19th September, 1849.1

d a y of August, one thousand eight hundred m d forty-scvcn, to amend a d continue the aforesaid Ordinance, which was to be con. ~trued, together ~ i t h the aforesaid Ordinance, as one Act, and to continue in operation until the thirtieth day of September, one t h m m d eight llundred and forty-nine: And

WHEREAS an Ordinance of the Governor of South Australia,	with thc advice and consent of' the Legislative Council thereof, was
passed on the thirtieth day of September, one thousand eight bun- 18.1.6, NO. 15.
dretl and forty-six, To authorise the Levying of an Assessment in "aid of the expense of repairing the Streets within the City of "Adelaide," which Ordinancc was to commence and take effect h111 and after the passing thereof, and continue in force for a period
of not more t1:lan two years:

h d Whereas another Ordinance was passed on the twenty-fourth 147, xo. 12.

1849 NO. 11.

And Whereas another Ordinance was passed on the twenty-

fourth day of August, one thousand eight hundred and forty-niua,

To constitute a Municipal Corporation for the City of Adclai~le,~'

for that purpose appointed by the Governor, by Proclamatio~,

published in the South Australiccn Government Gazette, upon the

petition of at least four hundred Rate-payers, rated to any City

which was to commence, and take effect, from and after a day to be petition representing among them property rated of the yearly value of Fifteen Thousand Founds:

And Whereas it is necessary to provide for the irnproven~ent

the said City, until Municipal Institutions shall hc establisllcd

therein:

of

Be it therefore Enacted, by thc Governor of Sonth hustrdia, with the advice and consent of the Legislative Council thereof-

18467 No. 1 5 9 and

1847. No. 12. continu-	That the before recited Ordinance of the thirtieth day of' Septern- bey, one tho~tsand eight hundred and forty-six, " To authori& tlw
" Levying of an Assessmelit in aid of the expense of repairins the
'' Streets within the City of Adelaide," as amended and coutmued by the said Ordinance hf the twenti-fourth day of' August, oue tl~onsancl eight hnndrecl and forty-scven, and by this Ordin:lnce, shall be, and is, hereby, farther continued in operation, and the said last-mentioned Ordinances shall be construed, together herewith, a h , W
Proviso.	one Act. Providcd always That 1~11ensoevt.r the sdd rceitd
1849, No. 11.	Ordinance, passed on the twenty-fourth day of Alignst, OIP thousand eight hundred and forty-nine, To constitute ,a Muiii-
When Corporation	" cipal Corporation for the City 6f AAdelnide," dd l coumence and
established and a-
ting, this Ordinance	take effect in manner therein provided, this Ordinnnce sllall
tu cease.	cease and determine, save and except so fkr as respects all

things thca lawfully done in pursuance thereof; mid also save and except so far as may be necessary for the recovery of all rates,

penalties, and other moneys, which shall then have ac&ed and br-

come due under the provisions thereof.

Powers of Police

Magistrate transferred 11. Provided always and he it Enacted, That the several po~v~n:

,,. ~,,d of Corn- and authorities, rights, privileges, and protections, which, by the

missioners.	said last nientioned Ordinances, arc vested in the Commissioner of Police and Police Magistrate, iu and for the Police' limits therein mentioned, shall, from and after the thirtieth clay of September instant, be exercised and enjoyed by a Board of ~o&lissionks, tobe appointed in manner hereinafter mentioned, throughout the ~ul l ic ipd
limits of the City of Adelaide, that is to say, within the exterior boundaries of the Park Lands thereof, which Board shall be called
the City Commissioners."

111. And

111. And for facilitating the construction of the said recited Construction clnu>e.

)pdil.lancc.~ hereby corrtinwd and amended, Be it Enacted, That, from

i d &er the said 'tllirtietll day of September instant, whenever, in tlie

j$id Ordinnnce~, or thc Schedulru thereto, mention is mndc of' tlie

~omrrlissioi~er of Police and Police Magistrate, the same s l d l be

vnust~',led to n ~ z t n the " City Commissioners," ttnd wl~eilerer n~cntion

ril;rde of the Police limits, the same shall be construed to lllean the ikXunicipal limits of the City of' Adelaide wi thiu the exterior

~~~~ndaries of the Park Lands,"

IV. And he it Enacted, That such Board shall consist of five C o l l ~ t i t ~ t i ~ l l u f B u x r d

nmissioners, whereof one shall be the Colonial Engineer. for- time bcing, and fonr sllall he apyointed and mav be rcnioved

the Governor wit11 the advice and consent of the Lcgid a t' ~ v e

cil: And whei~socver a vacancy s l d l occur by death, pation, removal, or abscnce fYom the Province, of any Com- sloner, a successor sliall be appointed thereto, iri like inaniler as

1 preceding Cornmissioner: Provided that every such appoint- Proviso.

t Aa11 he notified in the ~YoutI2 Austrulian Goaernmnt Gazette.

V. &4nd be it Enacted, That the said Conmlissionel-S, or any three rowers o[ Corrmri+

them, shall have power to do all such acts as shall be necessary sloners.

the due execution of this Ordimnce, a,nd furl the appropriation of

such moneys as may come to their hands, or be entrusted to them,

the improveme~lt ;f the City.

VI. Awld wllerens Illany of the lands, incladcd ~vitliin the limits J~:lrl(ls,tvll~llll*llt~~ i l l i l l

herutlititmmt3 not W-

I the said City of Adelaide. are mwcc~~pied, and the owners reside cllpirc~, ;.,d ill rs.pv.t

of the piovince: And Whereas such lands will derive in- of :vhich rm be 111 arrear one ;e:Lr.

sed value from the iinprovements effected in the City: And ohnrgcJ,lc w r h mtei.

reas it is reasonable i111d especfient that the owler of such

should contribute towards the fimds which give increased

t9 their property: Be it therefore Enacted, That all lands,

cuts, and hereditunlcnts within thc said City, not being

exempt, s l d be rated to all rates imposed and levied

is Ordinance, ~vllether occupied or not, and that in orcler to

e inore fdly for the recovery of rates in cases of non-occu- any 1a,11d,s, tnlemerits, a i d hereditaments, in respect of which

te, or any part tllereoc shall be due and unpaid, and reinaia

d unpaid for thc space of one gear after the salt. shall have

ne and payable, and in case no goods liable to distraint in

tion of the amount duo upon the same call be found witliin

Province, auy such lands, tenements, or bereditaments, shall be

Brgc:~bl~ with 'tile said amount, together with the interest thereon

ate of five per cent. per annum, from the day when the said

"e, or part tlweof, becanie due and payable, with $1 reasonable

'"8 and expenses incurred i11 the recovery thereof, and the said

amounts

amounts shall and may be recovered in the Supreme Court of the

Province in mamcr hereinafter provided.

A ~ ) ~ s L i ~ t i o l L be	VII.	And be it Enacted, That in any case hereinbefore lllelltioned
nmde to the Supreme

elm, and the said in which any rate, or any part thereof, imposed or levied under thii

C~II I - I h 1 1 orcler the

proprrt to he sold by	Ordiaamce, shall remain due, and unpaid, and in arrear for the spcu,
tisfactiou of the said

ptlblic a u ~ t ~ n ~ ~, I" of one year, it shall bc lawful for the Conmmissioners, and they

rates, it' i11 nrrerrr ; t d hereby required within thirty days after the expiration of the

uupsiti.

said space of one ymr, to came notice thereof to be giveu,

to the owner, or reputed owncr, or in case of there being 1

no owner, or reputed owner known, then to all whom it m q

concern, describing the premises alluded to in such notice, bJ

causing the said notice to be inserted in the South Avst-ralian

Government Gazette; and that if after such notice as aforesai4

the amount due in respect of any such arrears with interest,

costs, and expenscs as aforesaid, shall remain unpaid for the

further space of one year, it shall be lawful for the said Commis,

sioners to make application, by petition to the Supreme C0ur.t of

the Province, and the said Court, or any Judge thereof, on being

satisfied that such arrears are lawfully due, and are in arrrar., and

unpaid, and that the conditions herein prescribed have been fulfilled,

shall and is hereby authorised and required sumnlarily to adjudgm:

aild order such lands, tenements, and hereditaments, or such part

thereof as may be s~lfficient to pay thc said arrears of rates, with

intcrcst thereon, at the rate afbresaid, together with the costs of

such application and expenses of sale, to be sold by public auction,

and the proceeds to he paid into Court, and the said Court, or any

Judge thereof, is also hereby authorised, empowered, and required

to order payment to the said Commissioners, of the said amount of

rates, interests, costs, and expenses incurred, in preference to an!

mortgage or other right of security over the said property, and to

direct a deed or deeds of conveyance to the purchaser, in sud

form as shall be approved by such Court, or a Judge thereof, to bi executed by an officer of the Court, free of any mortgage, or other burden, or incumbrance whatsocvcr, and such conveyance to the said premises sold, shall be as good, valid, and cffcctual, to vest the legal estatc thereby conveyed., in the purchaser, as if the same

had been granted by the lawful proprietor thereof, or party having

the legal or beneficial interest therein, any law or practice to tilt contrary notwithstanding; and that any balance or sum remaining after payment as aforesaid, shall be paid by the Clerk of the sal( Court, into some chartered Bank in the said Province, subject t1 the future orders of the said Court, for behalf of the party or pal+tie having interest therein.

pen.1ti.b f ir o b h t r ~ t - VIII. And be it Enacted, That if any person shall, at any time llcrc

in# persous executing

this act. after,in any manner whatsoever, wilfully obstruct, hinder, or molest

Cornrnissiolle

~ouin~issioner, Surveyor, or person who shall be appointed, enlployed,

or authorized to put into execution this Oriliriance, in the perform- ance or execution of his duty, then every person so offending shall, on

conviction, for the first ofTeri.rme forfeit and pay any sum not erceding

Five Powds, and for the second offence a sum not exceeding Ten

Pounds, and for thc third or evcry subsequent offence ssum uot exceed- ing Twenty Pounds, to be recovered before any Justice of the Yeace.

IX. And be it Enacted, That it shall be lawful for the said streets Comnussion?toliee~ in repair.

('ommissioners, and they. are hcrcby authorized, empowered, and required, fronl time to time, when and as often, and in such niamler

as they s 1 d tliink proper and ncccssary, to order and cause the

several streets, roads, ways (as well carriage as foot-ways), foot- erossii~gs, passages, and places in the said City, whicli now are, or hmnfter shall be declared to be, and are, or s l d l be adoptcd as public or conlmon highways and tl~omuglihres, a i d each and every

of tl~eni respectively, to be paved, flagged, inacadainized, or otherwise coiistructetl, iiiiproved, repaired, or a~~~encled, supported, and kept in

woocl	O I ' C ~ P ~	ancl condition, with such materials ns the said Colurnis-
3,

siouers shall think proper; and also from t iue to time, to cause the paTwxnts, flagging, or other materials of such public or corninon highways and thoroughfares, to be taken up and 1.elidd or renewed,

and the groond and soil thereof to be raised, lowered, or altered,

in such manner, and with sucli materials as the said Conmissioners

shall deem proper, or direct; and also from time to time, to cause proper and convenient sewers, gutters, drains, and water-courses,

to be nlade along or under thc said several streets, roads, lanes,

highways, passages, or other public places, for carrying off water,

mud, or other filth from the same, and to cause grates to be placed on or over any of the said sewers, gutters, drains, or water-courses;

md to remove, renew, alter, or vary the situation of any grates that

siouers shall think proper. may be placed on or over the same; in such lnanner as the Comrnis- X. And be it Enacted, That it shall be lawful for the Powcr to place bars

hnmissioners, or iuny Officer in that behalf, appoioted under z,":$;.streets 'l1-

I this Ordinance, during such time as any of the said streets, roads, lanes, highways, passages, or public places, within the said City sl~all be under repair, or during the making or repairing

of any sewers or drains therein, to cause so many bars, posts, rails,

and chains, or other obstructions, to be fixed, set up, and placed

I across, or along any of the streets, lanes, highways, passages, or

other public places' within the said City, to prevent the passing of carriages, carts, dravs, horses, and cattle, whilst such works and re- pairs are in progress; as to the said Commissioners or Officer may seem

proper

proper; and if any person or persons shall throw down, break, remove,

structlons, every person so offending shall, for every such offelice, 4 '	darnape or injure any of the said bars, posts, rails, chains, or other oh.
forfeit and pay a sum not exceeding Forty Shillings, to be recovere,], together with costs and the expense of repairing the injury ddoe, in rnanner hcreinbefore prescribed in other cases.

*oner tosetup posts XI. ,4nd be it Enacted, Tliat it shall be lawful for the said Corn-

for guarding footways.

missioners, from time to tinit?, to erect and set up in such parts of'

the said streets, lanes, highways, passage!, and other l~ubli~plaees,

as they may think necessary, any posts, pillars, stones, rails, bars, chains, or any other permanent or terr~porary fence or fences, for the purpose of prcscrving any of the footways within the said City, clcar from annoyance by horses, cows, swine, and other animals, and for the purpose of keeping off carriages, carts, drays, and other vehicles from any of the said foot ways, and for the prevention of accideiits; and also to paint, repair, and replace any posts, pillars, stones, rails. bars, chains, or other fcnce-work, fi-om time to time, whenever it slmll appear to be requisite; and also, from time to time, to order, and cnnst. the removal of all, or any posts, rails, palcs, and fences which arc, or shall be in any of the said streets, roads, lanes, highwavs, passap, or public places, and wlricll the Comnlissioners shall deem to be as useless obstruction to the free passage along the same.

Power rnkc

mon sewers.

XII. And be it Enacted, That it shall and may be lawful for tile s;dd Commissioners, to cause such, and so many coinnion sewers, drains, and water courses, public wells, fountains, and pumps, of' such mater.ials, dimensions, and forms, as they may think fit and necessary, to he constructed and n~adc, or co~ltirlued in, along, or across any of the streets, lanes, roads, highways, passages, or other public plac&,

the said City; and also to adopt any of the common sewers, drains,

or water-courses, wells, or pumps, which now are, or l~ereaf'ter shall

he made within the same; and to cause the same to be altered, ell- larged, repaired, or cleansed, as the said Comnlissioncrs 1l~a;v deem proper; and to enter upon, and coxtduct through, a d make upon any private lands, whether the same shall have bccn, or shall be? acquired by the owner or owners, occupier or occupiers thereof, by

h @rant or purchase from the Crown, or from any private individual,

or individuals, or in any other manner whatsoever, all, or any such sewers, drains, watercourses, wells, or p u p s, as may be deenlad necessary, having givcn first fourteen days' notice of their intention so to enter upon such lands, to the owner or owners, occupier or oceu- piers thereof; and in case it should he fouud necessary to enter upon

any such private lands as aforesaid for the purpose of altering, or corn-

pleting any of the aforesaid sewers, drains, or water courses, wells,

or

ve,	pumps, which now are or liereafter may be within the said City,
)b-	shall be lawful for such Colnnlissioners to enter upon such lands,
ee,	d alter or continue such sewers, drains, or water-courses, wells,
31,	punlps, having first given fourken days' riotice in maimer afixe-
in	id: Provided, however, that such lands be not, in either of the ~,,,;,,.
ses last mentioned, occupicd as courts, ymls, or gardens, or bp
vrllin,n-houses, or as approaclics to any dwelling-house: And
tll-	sovided f i~ the r, that if t,lle owners or occupiers of an j lands or Yruviso.
of'	~u ids, into, or tlIrougl?, or upon which m y sewer, drain, or
es,	~~ter-course, wells, or puinps sllall be made, altercd, and colltinuecl
PS,	,aforesaid, shall he injured tllweby, and sucll owners or occupiers
be	,all refhsc to treat, or cannot agree with the said Comn~issioners,
; to the compensation to be paid for such injury, such owners or
or	:clq~iers may recover the same in any Court of competent juris-
les	,etion.
,S;
I S,	XIII. And bc it Eizscted, That it shall he lawful for the said Coni- P o ~ t o m a " e w e r - works.
211	irsioners, by their officers, their deputies, agents, workmen, and as-
.se	stants to make, construct, erect,n~aiutain, lay down, md keep, water-
or	orks, reservoirs, fbuntains, cisterns, tanks, cuts, aqueducts, conduits,
~q+'lres, waste gates, stop gates, stop locks, sluices, banks, bridges,
an	uinps, pipes, tunnels, works, machinery, and conveniences, in, end rough the said City, and from tiuie to time to and eon- oct, continue, cleanse, open, widen, enlarge, ,alter, amend, and use, r discontinue the sanie, and make and rlialntairl other works, as such
IS;	Iommis&mers shall tl~ink fit and proper; and to bore, dig, trench,
Is,	lrd wiuove earth, stone mavel, and any otlier matter or thing which ' ?
he	lay he dug, or met with, in, and for, the making, and perfecting, re-
1U	airing, and maintaining of any such water works as aforesaid; or
iu	dlich may d~s t ree t tlle niakhg, perfecting, repairing, or maintain-
LS,	lg of the same; and for eff'ectlng the purposes aforesaid, the said
111	'~m~uissioners and their officers, drputies, agents, worlrmcn, w d
tl-	&ants, are hereby eillpowered to go, enter, and pass in, upon,
111	'VW, under, and thro~glz, all, or any of the rivers, brooks, streams,
111	U$ waters, highways, roads, public lands, squares, streets, lanes, alleys,
'C',	l ~ d passages in the said City or its vicinity; and also sl~all construct,
'9	'reet, do, and perform all other matters and things which shall be
11,	bored necessary and corlvenient fur making, completing, improving,
:l1	old continuing such water works, and for bringing a sufficient sup-
:d	)!? of water for the said City, a d tllrougli all the streets, lanes,
10	T$mys, alleys, passages, courts, and public places in such City,
U-	"ld fbr conveying and distributing such water to the respcctivr
m	louses, factories, hospitals, prisons, warehouses, workshops, offices,
[l-	'I1d all other buildings and premiscs within the same: Provided p,,;,.

67 sdd Commissioners, their officers, workmen, and assistants, shall

31' do

do as little damage s s may be, in the execution of the several powr to them hereby granted, and shall make full satisfaction to th, owners or occupiers of, and all persons interested in, any lands, tene ments, or other hereditanlerits which shall be taken, used, rcnlovcd or injured, for all damage by them sustained, in or by the executiol

of any of the powers h r e b y granted.

~ o w e r to delegate to

any Company for sup- XIV. And be it Enacted, That all and singular the matters an,

ply of water. things hereby authorized to be done by the said Commissioners i

, respect to the supply of water to the City, may be by them delegate, to be donc, under their control and with their sanction, by an.

provim Company or Association for the supply of water to the City: Provide; no such delegated authority be inconsistent with, or repugnant to th provisions of this Ordinance.

4 Vict. NO. 5. XV. And whereas an Ordinance was passed by the Governor c

South Australia, with the advice and consent of the Legislatic Council thereof, on the eighth day of December, One Thousant Eight Hundred and Forty, intituled, " An Act to regulate th

7 and 8 Victoria, 30. " Slaughtering and prevent the Stealing of Cattle :" Aiid also a

2, 1844	Ordinance was passed on the Nineteenth day of February, On
,	Thousand Eight 'Hundred and Forty-four, in t i tdd, An ~di'llanc
" to authorise the levying of Fees on the Slaughtering of Cattle i
1847, No. 8.	L' South Australia :" And also an Ordinance was passed on the firr
day of May, One Thousand Eight IIundred and Forty-seven, 'L Pc
" thc Establishment and Regulation of Markets :" And whercas b the said Ordiuances respec&ely, certain powers and authorities a~ given to the Governor in Council, and other persons therein me1 tioned: And whereas it is expedient that the said Comnlissionel should have the sole control and management of all pub1

Slaughter-houses and Markets within the limits of the said City:-

Cornnlissioncrs to Re it therefore Enacted, That the said Commissioners, and no other

have control

management of public shall have and exercise the several powers, nuthoritics, duties, a1	slaughter-houses and
markets. immunities, in respect to markcts and public ~lau~hter-housl within the said City, which are given by the said Ordinances r spectively, to the Ciovernor in Cowrcil, the Commissioners Police, and others therein appointed to carry the said Ordinan0 into execution.
Alltollsanddlles,and XVI. h d be it Enacted, That all Tolls and Dues, and all Ren
rents for stalls, stand-
i ng~, and cattla-pns for stalls, standings, cattle pens, or enclosures, levied or recover(
Treasurer. paid tu Colonid in respect of markets and slaughter-houses within the said Ci!

by to the orders of the said Commissioners, and appropriatt und

virtue of the said Ordinances respectively, shall be p i d to t~ subject

rndcr warrant of the Governor, by the said Coinnlissioners, for the

ublic improvement of the said City, and the benefit of the inhabi-

tants thereof, according to the provisions thereof.

1

P

XVII. And be it Enacted, That the Regulations and By-laws, if Ite,oulations and by-

laws respecting mar-

allyny,

respecting nlarliets and slaughter-houses within the said City, kct,,, ,d

slaughter-

made in puwuince of the said recited Ordirlarlces respxtively, shall house, to remain in

force only till altered

remain in force only until the same may be varied or altered by any b y Com~rnissiorieri.

ET-law or By-laws passed, as herein provided, by the said Corn-

I

XVIBI,

And whereas another Ordixmilce was passed on the seventh Ccrtain yuwcrs auct

authorities in Police

,lay ot September, One Thol~snnil Eight Hundred and Forty-four, u,,,,,e,,ansf,,e,

ill;ituled An C)rdimnce for Regulating the Police in South Aus- to Commissioners.

tr&a :" And whereas it is cxpcdient, also, that certain powers and 7 & Vict. NO. 19,

tllerein given to tlic Surveyor-General, the Police Ma- lnA4-

:i5trates, and otl~ers, should be transferred to, and exercised witliin

tile said City solely by tlle said Commissioners:-Be it Enacted,

That, for preserving cleanliness and the health of the inhabitants, it

shall be lawful fbr the Clomniissioners, or for any person authorised by

Bein, by any writing under the hands of the Comnlissioners, from time

to time, and when atd as often ss they sl.lall see occasion, to visit and infipect the butchers' sllambleles and slaughter-houses, C and all private avenues, passages, y ards, hog-sties, pnvics, and ways, within the

said City, and to give such directions in writing, under the hands of

thc Commissio~~cr~, concerning the cleansing thc said shambles and

dauwliter-houses, and the sald private avenues, passages, yards,	privies, and ways, both witliin and without, ancl the removal or P
hating of all nuisances therein, as to the said Commissioners shall
fieern needful; and such order, or a true copy of the same, shall be
f~~thwitlr served upon the occupier of the premises or place
1~entione.d in sucl~ order, or if there be no such occupier, then upon
the owner, or if such occupier or owner cannot be served, then such
order or n true copy thereof, shall bc forthwith affixed upon some
part of such premises or phce as aforesaid; and if the said butchers' The order, or a copy, to be served or affixed d~arnhlcs, slaugl~ter-house, private avenue, passage, yard, hog-styc, to the premises
pivy or way, shall not be cleansed or purified according to the di- rections contained in the said order, or if the nuisance in the said
"rder described shall not be removed or abated within the period and
111 the rlianner in the mid order mentioned, it ~ h l l be lawf~d for the order be not
the said Commissioners, by tlu.mselves, their servants, and others, ~~~~~~~~~~~~;
to enter any sllch butchers' shambles, slaughter-house, private abate the nui~anre.
ave~luc, pss&e, p r d, hog-stye, privy, or way, to cleanse or purify
the same, or to remove or abate the nuisance in the said order de-
scribed,

XIX. -41id

Cost and

curred by the Com- XIX. A d be it Enacted, That it shall be lwwfid for the ('or1,.

missioners may be re- missioncrs, in every case in v11ich the directions in any such order covered from occupier under the hands of the Conuuissioners, slrall be mmplied with at tllr or owner of premises

on whichthe nuisance Commissioners' expense, to take proceedings to recover from t,he existed. occupier or owner of any premises described in any suclr \x,rt.

mentioned order, the costs and expenses incuz.red by the Con. missioners in r6moviug or abatir1gAauy nuisance, a d otllonvid carrying such order into effect; and any two Ji~stices, of wlloru a Con~missiolier sllall not be we, uporl the application of the t o m - missioners, or any person authorised by tllem on their behalf; sllall sumnton such ockuikr or owner to appear before tlrem at a time and place to be named in such summonq and up011 the appearance, of such occupier or owner, or in his abserice upon proof' oS t l~e due service of the summons, such Xustices, upon proof that such cost, and expenses as aforesaid have been incurrcd by the said Com- missioners, shall (unless they shall think fit to excuse the party so charged, on tlir ground of poverty or other special circun~standes),

order such occupier OF owner to pay the amomlt thereof to the said Conmissioners, together with the costs of s11ch wul?rnons and hearing; and if the sa,mct sl~all not be paid by the parties liable to pay the same, within scvcn days after demand, the amount may hr recovercd by distress of the goods of the parties linlrlc as afor&id: and the Justices by whom the same s l d l have been ordered to b t paid, or any two other Justices, except as aforesaid, 0x1 applicatiou. s l d l issue their warrant accorcli~~gly. And f'or the purposes of'tlii: and the preceding enactment, and in order to prmeut ally disput( touching the word awner," the person r.c.c.civiug or. entitlcd to rr ceivc the rents of the property ou wlricl~ the n&mce existed. ol

h i s own account, or as trustee or agent for any othcr person, u

otllcrwise managing such propcrtv. ., , shall be dewled the omer u

the same for all such purposes.

No turf, gravel, &C.,

to be removed fsom	XX. And be it Enacted, That any person who shall hrni, ili$
streets without per-

mission.

or open, any drain or sewer, or renlove, or cause to be renloved, 811: turf, clay, sand, soil, gavel, stone, or other niaterid rlaad ill th formation of thc streets, in or from any wart of the carriage or f h t

way, withut leave first had and oh&ned from the & l Col11

missioners, or some offieer authorised by them in that bell&, or

shall wantonly break up, or otherwise damage the said carriage (J

footways, s l ~ a ~, on conviction, forfeit and pay for evcry such uff'e1lc1

any sum not exceeding Five Pounds, nor less than One Pound.

Carriage and foot- XXI. And be it Enacted, That the said Commissioners, or a!

ways to be set out.	person deputed by them, shall set out, from time to time? as fsr a
may be practicable and necessary, the breadth of the carriage aa'

footway

,ti~;~ys in thc ptrccts nud pllhlic places within the said City, and

all cause the said fbotwags to be marked off by posts at the

rl1pr.S nud intersections of the strcets, or wlierever the same ni;~y

11~cessary for d~finiiig tllc footways; and the carriage and foot,-

her1 so wnarkcd off, slid1 be dccnzcd to be the carriage ancl

ways .wi t lh the mr:nnilig of this Ordinance, and of the laws

1e Province in this 1)ehdf; and the breadth of the said hot- Breadth of tile t~,oi- ways: to tw ~ni. :~~ i~rr .c !

sllitll, in all cases, be taken and measured fionl the curb-stone ,, ,,,,, ,,,,,,,,,,, ,,,,,,,.,,,

cdgc thereof, as so rlc~firlctl, without referellcc beinw i l l exterior I+V ot t h c

or h t u u t \ \ y, i\ltl,Ol,t l.(-

iaizner 1lsd to the breadth of the carriage way adjoining thereto, *,, ,,,,, ,,, ,k,, ,,,. ,,,, it ,i

piut thereof: Pro\-idd always, the t a plan of wery strect, ~ ' ' " 1 ~ c i r r ~ e l r e \)a1!.

or part of s street, or public place, s6 marked OH; certif ed Cnder the '"''".

\inacls of the Commissioners, shewing tlicreon the proposed breadth

c:wriage and footways, s l d l be dcpositetl ancl kept open to

r~wpecthn in the hands of the Com~ilissioncrs, or the at~tllo-

f i c ~ r, fi,rld N notice referring thereto s l d loc publishrd in

the South dmh.r~linn Gnz~ernment Gazette, fixing a i d (leeclaling the

llista~icc	from tlzc curb-stone, or exterior edge of the said footway,
snch street, or partof'a street, or public place.

Nvrire to be eiken clt

9x11. Avid be it Eimcted, That after tllc con~rnerlcelilent of this mterlticri~ . to I,u~ld.

Orcliilalicc, I N rxrson wliatsocver s l d l h c i n to erect ally house,

<, "

4op, or othw 6h'rlcling abutting 011 any street, without first nerving ~~oticc in rnritiilg 011 the said Couunissioucrs, or the authorised ofticer, on any lawfbl day lwtween the hours of eleven and three o'clock, dating such intrntion, a i d deseribiilg the proposed situation of the

building; and tlle said Cmnmissioners, or. the authorised officer,

iq hnribv required and direcb~l, wi lh i l~ three aftcr the weipt of such notice, to furnisll mcll ~CI .SOII with a paper, signed

l)!him, slweifying tllc position of the extcirior NI; i avid the breadtll

of the f o ~ t \ ~ a ~ in front of the site of such proposed building, so as

'"mvcnt vlicro:tclzl~lent on the footways; and if any persort s l d l

II@II to erect the same, without having first served such notice, and

rrceivtd such papn; hr shall forfeit ancl pay a S L I ~ not rscredirig

rise Pounds; a ~ ~ d if :tily Conivnissioner or officer shall r e f ~ m or nrdeet to fumislz's~rcli Rri t,tr.n p per within three days aftrr the yeceipt of' snch notice, be slmll, on conviction, fbrfbit and pay the

of Five Pounds, mlcss rcasonahle cause 11e shewn.

shop, or other building, which is now erected wit hi^ the said distance from the exterior edge of the said footway, be rebuilt in the whole or in any part, nor shall any addition or alteration be made to the same, except in conformity with the provisions hereof. And any person who shall erect or rebuild any such house, shop, or othu building, in whole or in part, or make any addition or altgration to the ssme, except according to tllc provisions hereof, shall, on con. viction, for every such offence forfeit and pay the sum of Twenty Pounds: And if the said house, shop, or other building, or a&

addition or projection, shall not be rehoved or abated, Githin o$ month after ndtice shall be served to that effect, by order of tl,t Commissioners, or the proprietor or occupier thereof, or left at hit usual place of abode, the further sum of One Pound for every da, the same shall remain contrary to the provisions of this Ordinsnei And it shall bc lawful for two or more Justices of the Peace a Commissioner not being one of' them, to grant a warrant t( cause the said house, shop, or other buildings, and all additions anc alterations thereto, so far as the same may be contrary to the pro visions hereof, to be taken down, and the materials thereof to br sold, and thereout to pay the charges of taking down the same, an( the surplus, if any, shall be paid to the owner of such nlaterials.

Commissioners may XXIV. And Fe it further Enacted, That it shall and inay bi

affix name of street. lawful for any person appointed by the said Commissioners, at an: time after the commencement of this Ordinance, to nxarlr upon th walls of any house, the name of the street or place in which it i situated, orWsuch other notice as it may be conduku-e to the publi convenience to affix, either by painting or coloring the same u p the walls, or by affixing a board thereto, upon which such uotic may be painted: And also from tirnc to tinle, to allot a number t each house in every street or public place, which number, th

occupier of every such house is hereby required to paint, or affij

or cause to be painted or affixed, in legible chracters, upon th door of his house, within fourtecn days &,er written notice fml

the said person so to be appointed by thc Conln~issiorrers, to t l ~

effect, left at his said house: Aid every person neglecting or rr fusing to paint or affix such number, after such notice as afuresnil shall, on conviction, forfeit and pay the sum of Ten Shillings,

the like sum for every week clwing the continuance of such ne$

or refusal,

R~gulations rcspec- XXV. And for greater regularity and convenience, Be it furtllt

thg footways.	Enacted, That it shall and may be lawful for any person appoint(
by the said Commissioners, as soon as the foot-ways shall have bet set out, and marked iu manner hereinbefore mentioned, in any stre

,g part of a street or yoblic place, to cause the same to be levelled,

sld made, as nearly as may be practicable, of an equal height and

breadth, and with an equal slopc and inclination; and for this pup 0b"r~ctions 11lay be	removed.
pose to remove and abate any flagging, steps, or any other thing tllat may injure or obstruct the said foot-way, or render it unequal

inconvenient, or dangerous to passeugers, and ~vhich now is, or

llerenfter may be, crected or placed 011, or over, the space marked

out for any of the said foot-ways.

l

' tilot-lvqi shall be so defined as aforesaid, shall be desirous of ~fo~~$I"" tOp"e XXVI. *4nd be it Enacted, That if any person, after the said Personsto give notice

flagging, paving? gravelling, or pntting a curb-stone to the foot-

in front of 111s house, every s~lch person shall, before such work

bebgutl, give notice in writing to the said Culu~nissioners, or the ~utlioriscd Officer, between thc hours of eleven in tlie forenoon and thte in the afternoon of any day, of such llis intention: And the

, haid Commissioners and Officer are hereby required, within three

1 drrs after receipt of such notice, to fim~islr such person with written di~eefions as to the length, breadth, height, slope, and inclination of

I such foot-way; and if any person shall commence any soch work

1 without giving the notice herein directed, or shall refuse or neglect

to corlfonn to the directions given in that behalf, every such person

shall forfeit and pay any sun1 not less than Five Pounds, nor more than Ten Pounds; and it shall be lawful for any two or more .Justices of the Peace, a Coilii~lissioner not being one of them, to

I order thc removal of all work which may be so executed contrary

1 to such directions.

SXVII. I'rovided always and be it Enacted, That nothing in this ~ o t to prevent a m -

Orclirlwnce contained, shall be deemed to prevent any person from fmt of,,,, ings being erected in

placing an awning or verandah in front of his shop or house: Pro- yroviso.

1 ridcd howevcr, tlrst such awlling or verandah be at least seven fcct above the height of the font-way in front of such shol) or house, slid that the posts be placed close up to the curb-stone or outer edge of such foot-way; aild that sucll awning or verandah be main- tained in good and sufficient repair, and be not dangerous or offen-

nive to the public.

XXVIII. And be it Enacted, That so much only of the provisions

of the several last hereinbefore recited Ordinances, namely, To 4 Vict. No. 5,1840.

regulate the slaughtering and prevent the stealing of cattle: " "To 7 a s Vict NO. 2,

authorise the levying of fees on the slaughtering of cattle in South 1844.

Australia :" "For the establishlent and regulation of Markets :" 10 & 11 Viet. NO. 8,

1847.

and 'L For regulating t,he Police in South Australia :'l as may inter- B, ViCt. No,

fere, or be inconsistent with the exercise by the said Cormnissioners, . - 1844.

solely and exclusively, withi11 the said City, of the powers and

thorities hereinbefore mentioned or referred to, shall he and ;ire,

Repealed m fw only	hereby, repealed, save as to all things lawfully done before the corn.
as inconsistent here-
witb.	mencement hereof: Providcd always, that the said Ordinances shall
be, and remain, in fill1 force in all respects not inconsistent herewith,

Ey-Laws and Re@- XXIX. And in case it may bc found that farther provision should

lations.	be made for carrying out the purposes of this Ordinance,-Be it Enacted, That it shall be lawful for the said Commissioners, subject to, and with approbation of the Governor, by notice published in the South Auskalian Government Gazette, to make, amend, and reped such By-Laws and Regulations, as shall sccm fit and necessary, for regulating their proceedings, for recovery of Rates, and othcr matters connected therewith, for the formation, repair, ordering, main. tenance, and cleansing of all Public Lands, Roads, Lanes, Streets, and other Public Ways and Passages, Rridqes, Tun. nels, Sewers, and 1)rains within the said City; and' for corn pelling the owners and occupiers of houses, shops, cellars, factories, tanneries, slaughter-houses, and other placcs, which may be in a dangerous, unwholesome, or offensive state, or be likely to beco~nc
so, to repair, alter, order, and cleanse the same from time to time, and in such manner as may appear necessary and propcr, with a view to promote the health, comfort, and safety of the inhabitants of the said City; and for the prevention and suppression of all nuisances whatever; and for carrying into execution all necessarj public improveincnts within t,h e said City: All which By -Law and Regulations, not being contrary to any Statute or Law in force within thc Province, shall, after the expiration of twentv-eight d a p from the approval and publication of the same as iforesaid,
effcctual, and have the force of Law, in like manner as if such By-

Laws and Regulations were expressly hereby enacted.

Penalty for offence XXX. And be it Enacted, That whosoever shall contraventi or

against the same.	offend against any such By-Law or Regulation, shall, on conviction before any Justice of thc Peace, forfeit a penalty, not, exceeding Five Pounds, in the discretion of such Justice, for every such offence; and, in case' of a continuing offence, a not kxceedins One
Pound, for each and every day during which such contravent~oll 01
offence shall continue, or'rernain unabated.

XXXI. And he it Enacted, That the said Conmissioners shall, J

Reports and accounts.

such times and in such nlanner and form as the Governor shell direct, furnish f d and true reports of their procee&q~, ano accounts of all moneys raised under the provisions of this Ordmance, which reports and accounts shall be laid before the ~ e ~ i s h t i v t

Council as soon as practicable.

XXXII. A d

XXXTI. And be it Enacted, That from and out of the moneys Remumation may be

made to Commissiom-

rnised by virtue of this O~dinance, there may be issued and applied, er. their

llrlder Tvarrant of the ~ovemor, from time to time, such sums, a,s ,nay to him appear reasonable, as remuneration to the said Com- ,Ijssioners, or any of them, and salaries to the Officers appointed

,rnder this Ordinance, for their services in the cxecution of the

~me, not exceeding in the whole ten per centum on the gross

amount of such moneys in any one year.

XSXIII. Provided always and be it Enacted, That nothing herein b v i n g ngl~ts of Her

eontaincd, shall be construed to limit the Eoyal Prerogatiw, or aEect

the rights of' Her Majesty, Her Heirs, and Successors, or of any

bodies Politic or Corporate of any of Her Majesty's subjects, save

and except so far as expressly hcrcinbefore provided.

H. E. P. YOUNG,

, Lieutenan t-Governor.

14'. L, O'EIAT,LORAN,

Clcrk of Council.

-	-
' D E L ~ ~ ~ ~ : Printed by authority by W. C. Cm, at the Government Printing

Office, Victoria-square.