Adelaide Municipal Corporation Act 1849 (SA)

No. 11.

"stralia, with the advice and consent of THE LEGISLATIVE

OU.NCIL thereof-TH AT from and after the commencement of this

Irdlnance, the Inhabitants of the said City, and their Successors,

Inhabitants

2 3 /c&./?&

" _T

HEREAS it is expedient for the care and management of P

the local interests of the Inhabitanttl of the City of Ade-

re8"b'e';r &c

/&F-

J .

-I_-

R

-A	.@ /& - /&><P-

ld% and for the improvement thereof, to Incorporate the said

- - --

__I_

'habitan ts:

F/: 2&-/&,~--

T t ~ g GOVERNOR

of South Inhabitants to be in-

Be IT TILEREFORE ENACTED,

corporatted.

Inhabitants of the same, shall be and they are. hereby, cCinstituta a Body Corporate and Politic, by and under the name, style, an title of the Mayor, Aldermen, Councillors, and Citizens of tt City of Add%; andunder thai-?iiiErne shall mrpetui

Sycession, and shall be c a p a w

in Law, by_the Count

&reinafter

mentioned, to sue and be sued, and to i m p i; a 2 m

-
impleaded, in all Courts of Law and Equity, and other places, i
all manner of Actions, Causes. and Matters whatsoever, and
accept, take, purchase, and hold Lands, Tenements, and Hert
ditarnents, Goods, and Chattels, and to do all such oth,
and further acts and things as are in this Ordinance 8,
forth and authorised to be done and suffered; and shall an
may have a Common Seal; and in all cases of Legal Proceeding
service of notice thereof upon either the Mayor or Town Cler
for the time being, shall be deemed and taken as good and sufficie~
service upon the Corporate body.

son naafi^ as &hen

11.

AND BE LT ENACTED,

That the Boundaries of the said Cif

in Schedule A.

shall be those which are defined in the Schedule to this Ordinant

5-5-	annexed, marked A.

i
-.
L - '
-'

-p, 3, . A

#=-

City dividedinto four	111.	AND BE TT ENACTED,	That the said City shall be divide
Wards.

Schedule B.

into four Wards to be cailed, respectively, ~iindmarsh War( Gawler Ward, Grey Ward, and Robe Ward; and that t11 boundaries of the &id wards shall be those which are described i the Schedule to this Ordinance annexed, marked B.

Boundaries aP City	W. PROVIDKD	A L W A Y ~, AND RE IT ENACTED,	That the boundarir
and Waxas not to be

altered, exce pt by Le-	of the said City, and of the said several Wards, shall be and semi
gislative authority.	as they are in the said Schedules respectively fixed and determine1
until otherwise enacted by Law.

Meaning OF north-

V. AND BE IT ENACTED,

That whenever in the description

ward, southward, east-

the boundaries, either of the whole City or of the Wards ;here(

W&,	or weatward.

A the in which such boundary shall proceec
contained in the said Schedules and B, word ~orthward mean the general direction
and that whenever any Street or Road be mentioncd, the centre
such Street or Road shall always be meant, unless otherwise
pressed.

Doabts as to sitnation	VI. AND	BE IT ENACTED,	That whenever any doubt shall arl
of houses to be deter-

dnedbYthe comci,. whether any House or other Building be within one or any oth Ward of the said City, it shall be competent for the Mayor ?l Council of the said City to decide such doubt; and such &xis1
shall be final. VII. AI

lL!

~ 1 1. ASD W H E R E A S it is

expedient that the metes and boutds

Jh. ) r

IIJLII; l ~ r j

tn:~,.it, n i t l t -

said City, and of the several Wards into which the smic is ;,

,,,

,.,,I,.. .$,trr

reby directed to be divided, be constantly maintained, and lint"

neraliy

known: Be IT ENACTED,

that the Xayor of the said

within six months after the first election oi' Mayor umler rdinance, shall cause to be set up, at the expense nf the
Corporate, permanent and conspicuous boundary marks
, wood, stone, or other durable material, in exact con-
with, or as near as circumstances will admit, the respective and boundaries of the said City, and the several Wards
and in the most public and convenient place along or
near the line of such metes and bounds; and further, within the

of six calendar months after the expiration of every suc-

Tile

M ~ y o r with

:he

period of three 1 ears thereafter, a circuit of perambulation

Clcrlt, to per-

metes and boundaries of the said City, and of the several ambulate the houn-

daries every three

o which the same is divided, shall be made by the Mayor, ,,,,
ied by the Town Clerk of the said City; and the
Clerk shall, at the t ime of making such perambulation,
whether the name or names whereby the same mctes and
or any part therof, are or is described, have or has been
changed, and by what name or description the same arc, or is, then
ly linown and distinguished; and if any change i n the
ion thereof shall have taken place, shall note the same
ok to be kept by him for that purpose, to be called the y Book of the said City; and the Mayor is hereby re-
quired, in the event of any of the said boundary mark or marks,
as aforesaid, being obliterated or defaced, to cause the same to ed at the expense of the Body Corporate, within three molrths next after such perairlbulation as aforesaid.

VIII.

A N D BE IT ENACTED,

That every Mayor or Town Clerk,

\vho shall neglect to perform the duties hereinbefore prescribed, f

sliall forfeit and pay the sum of Twenty Pounds, to be recovered

:yi

by action in any Court of competent jurisdiction, by any person
shall sue for the same; one-half to be paid to the person th shall sue for the same, and the other half, after deducting the expenses of so suing, to be ascertained bv such Court, to bn paid to Her Majesty, Her Heirs and ~ucce<sors, for the public
of the said Province.

]X. AND se IT ENACTF'D,

That every persan who shall wilfully p,,\t,

for defaoing

ma l i c i ou~ l~

pull down, deface, obliterate, injure, conceal, or g2zing

bYUu"r~

destroy any such boundary marks as aforesaid, shall, for every such
l forfeit and pay, in addition to the value of such boulldary
mark or marks as aforesaid, any sum not exceeding Forty Shillings,
tobe recovered, paid, and levied according to the provisions of this
Ordinance
Ordinance relative to offences against tlie same, ponishable up,, summary conviction.
l

Oceopirr< of L ~ ~ w. X, A X D B E I T

ENACTED,

that every male person of the f r i l l ng

w n r c l i o ~ ~ s ~ ~ s,

countiun-

h w s, of Twenty-one years, who, on the day of the passing of this Orili.
as owners or tenmlts, witilin tire cityVelt1ler nance, shall have occupied any House, Warehouse, Countillg house ;mdddy enrollacl, pn- or Shop within the said City, either as Owner or Tenant thereo( titled to he citizms. if during one whole year preceding snch date; and also during tilr residtant hnuwholders within tllr ('ity, or term of such occupation shall have been an hilabitant Householdcl

yitllill	nliles.	within the said Citv, or within seven miles of the same, shall, on being duly enrol ld according to the provisiom heroinafter con. tained, be a Citizen and a Member of the Body Corporate of thr Mayor, Aldermen, Councillors and Citizens of the said City; an( that every male person of the full age aforesaid who, or
the last day of September in any year after the Incorporatior of the said City, shall have occupied any House, Warehouse
Counting-house, or Shop within the said City, either as Owue~ or Tenant thereof, during the whole of one ycar preceding sucll date; and also during the term of such occupation shall havt
beerr an Inhabitant Householder within the said Ci'.p, or withir
seven miles thereof, shall, if duly enrolled. in that y s r, according to the provisions hereinafter contained, be a. Citizen of the said

yrrscm bh ,l, be ell- Councillors and Citizens of the same: PROYI ~ E D A L W A Y S, tha t

Prcviso - That no City, and Member of the Body Corporate of the Mayor, Aldermen,

unless he shall have year* no such person shall be so enrolled in any year unless he shall

paid all retes payable have paid, on or before the last day of September as aforesaid, all h) him. such Rates, including therein all City Rates (if a:zy), directed to be

paid under the provisions of this Ordinance, as shall h lve become payable by him in respect of the said premises, except such as shall become payable within three calendar months next before the said

Proviso.

last day of September: PROVIDED ALSO, that the premises in respect

of the occupation of which any person shall have been so enrolled

need not be the same premises, or in the same Ward, but inay be different premises in the same Ward, or in different Wards, within

Proviso.

the said City : PROVIDED LIKEWISE that no person, being an alien,

shall be so enrolled in any year: PROVIDED

ALSO,

that in every case

Proviso.

under this Ordinance, the distance of seven miles aforesaid shall be computed by the nearest public road or way, by land or water, from the nearest part of the boundary of the City.

o t i e by

XI. AND BE I T ENACTED,

that where any House, Warehouse,

""e"ts

chpatlon in to OC*

be Counting-house, or Shop as aforesaid, in the said City, shall come

rerkaoed.

to any person by descent, marriage, marriage settlement, or devise, such person shall be entitled to reckon thc occupancy by the

'	person from, or by, whom such House, Warehouse, Counting-house! or Shop shall have so come to him, as his awn occupancy con-

jointly,
h the time during which he shall have since occupied
ame, and shall be entitled t o be enrolled a Citizen, and
ote as aforesaid, in respect of such successive occupancy,
elided he shall be otherwise qualified as herein provided; and it
not be necessary, in support of the title of the person so to be ed, or to vote as aforesaid, to prove that he was an Inhabitant holder within the said City, or within seven miles thereof, or

was an occupant within the same before the title to such or other property as aforesaid shall have devolved upon d the occupancy in the name of the person previously

g shall be considered a sufficient occupancv of the person d, until a new list shall be made subsequeht to such de-

of title as aforesaid: PROVIDED

A L ~ A Y S, that

the

other Proviclo.

in respect of whose previous occupancy he shall
tially entitled, shall have been enrolled a citizen, or to
resaid, at the tlme of such devolution of title as afore-

11. AND BE IT ENACTED,

That the Collector or Collectors ap- Collectorm to make

out lists ot all per-

ed under this Ordinance shall, on or before the fifth day of Octo-

,,,, e ~ t i t, ~ d be

every year, make out an Alphabetical List, to be called the enrolled cltimn.
n List, according to the form in the Schedule to this Ordillarlce
ed, marked I;, of all persons who shall be entitled to be enrolled Scbedula C.
Citizen Roll for that year, according to the provisions of this nce, in respect of ~roper ty within each Ward respectively; and llector or Collectors so appo~nted, shall sign such Citizen

nd shall deliver the same to the Town Glerk of the said n the said fifth day of October in every year; and each

or shall keep s true copy of the list so delivered by him, to sed by any person, without payment of any fee, at all le hours between the fifth and fifteenth day of October pear; and the Town Clerk shall forthwith cause copies to d of all such lists delivered to him, and shall deliver a

any such list to any person requiring the same, on pay-

reasonable price for each copy; and shall cause a copy zen List of each Ward to be fixed on some public and s building within the Ward, on every day during the
t preceding the fifteenth day of October in each

NII. A R ~

BE IT ENA~TED,

That any person whose name shall ~ e r a ~ n a

omitted i~

C ~ t i z e n L

8, to give

been omitted in any such Citizen List, and who shall claim to

his name iogerted therein, shall, on or before the fifteenth day ?f October in every year, give notice thereof to the Town Clerk In writing, according to the form in the Schedule to this Ordkance annexed, marked D, or to the like effect; and every person whose s~m.1. D.

name

name shall have been inserted in any Citizen List, may object
any other person as not being entitled to have his name retaill

the fifteenth day of October in every year, give to the To

in the Citizen List; and any person so objecting shall, on or befo in respect of which his name shall be inserted in the Citizen L notice thereof in writing, stating concisely the grounds of objectio according to the form in the Schedule t o this Grdinance annexe

Schedule E.	marked E, or to the like effect; and the Town Clerk shall includ the names of all persons so claiming to be inserted on the Citize List, in a list according to the form in the Schedule to this Urd
Scbedule P,	nance annexed, marked F; and shall include the names af 8 persons so objected to, as not entitled to be retained on the Citi List, in a list according to the form in the Schedule to this O r
Scbedale G.	nance annexed, marked G; and shall cause copies of such sever lists to be fixed on the outer doors or walls of the said public 0 conspicuous buildings, during the eight days next preceding the firs day of November in every year; and the Town Clerk shall likewic keep a list of the names of all persons so claiming as aforesaid, and also a list of the aams of all persons so objected to as aforesaid, to be perused by any person, without payment of any fee, at all reasonable hours during the eight days (Sundays excepted) next1 preceding the first day of November in every year; and shall deliver1 a copy of each of such lists to any person requiring the same, ou payment of a fee of two shillings and sixpence for each copy, to be
applied in aid of the City Fund.

An aldermat1 and two

XIVa AAD BE ET

ENACTED,

That an Alderman and two Assessors,

a88em'.

I0 revise to be chosen as hereinafter mentioned, in every year, by thc

ltste in each ward, re-

tain, imert,. ~ d

ex- Citizens of every Ward, shall respectively hold an open court within such Ward, for the purpose of revising the said Citizen Lists; such revisions to take place at such time as the said Alderman and Assessors shall appoint, between the first day of November inclusive

P U D ~ ~

samea.

and the fifteenthday ofNovember inclusive, in each and every succeed1

ing year; they having firstgiven three cleardays'notice of the holding

of such court, such notice to be placed on the outer doors respective^!

of the Town Hall, when erected, and in the meantime on such place

as the Council shall fix, being some public and conspicuous build%

within the said Ward; and the Town Clerk, or person acting as such shall, at the opening of the Court, produce the said list, and a COP' of the lists of the persons so claiming, and of the perpona so object@

to, made out in rrianner aforesaid; and the Collectors of Rate under this Ordinance shall attend the court, and shall answer, up0 oath, all such questions as the court may put to them, or any

them, touching any matter necessary for revising the Citizen List and the said Alderman shall insert in such list the name of ever

per60
be proved, to the satisfaction of the court, to be erted therein, according to the provisions of this
nce; and shall retain on the said list the names of all
lsons to whom no objection shall have been duly made; and
all also retain on the said list the name of every persvn who
e been objected to by any person, unless the party so
shall appear by himself, or by some one on his behalf,
t of such objection; and when the name of any person,
n either of the said lists, shall have been duly objected to,
bjecting shall appear by himself, or by mme one
alf, ig support of such objection, the court shall enquire
lidity of such objection, and shall n o t entertain any tion than that stated in the notice; and in case such all be proved to the satisfaction of the court, the said

all expunge the name of every such person from the d shall also expunge therefrom the name of every shall be proved to the court to be dead, or to have alified or incapacitated; and shall correct any mistake,

omission, which shall be proved to the court to have
any of the said lists, in respect of the name or place y person who shall be included therein, or in respect

scription of his property: PROVIDED

ALWAYS, That prodlo,

me shall be inserted by the said Alderman in any hall be expunged therefrorn, except in the ease of tice shall have been given, as is hereinbefore re-
quired, in each of the said cases.

ND BE IT ENACTED,

That every Alderman hoiding Power to the PM-

t under this Ordinance, for the revision of the said adjourn court.

aiding Alderman to

1 have power to adjourn the same from time to time:
that no such adjourned court shall be held beyond the Ptovi8,,
th day of November; and the said Alderman shall have
q u i r e any person having the custody of any book, con-

rate made for the said City during that or the preceding

duce the said book, and allow the same to be inspected
to be held for the revision of the Citizen List; and the
an shall have power to administer an oath or oaths, as
own Clerk and to the Collectors, as to all persons
inserted in, or making objection to the omission or y name in any of the said lists, and to all persons any such lists; and to all persons claiming to have
any of such lists corrected; and to all witnesses
ndered or examined on either side, by which oath
er &amination shall be required to state the truth,
, and nothing but the truth, relating to matter in
aid Alderman and Assessors, by the decision of the
three
three or any two of them, shall, upon tbe heariug in open Court
determine upon the validity of such claims and objections;
the said Alderman shall, in open Court, write his initials againsi
the names struck out or inserted, and against any part of the said
lists in which any mistakes shall have been corrected; and shall

casc i t s ~ l

appear sign his name to every page of the list SO settled: PROVIDED,

that io

that any frivolous ob-

jection is made to the case it shall appear to the said Alderman and Assessors, that any

the Court may award name of any person, objection made to the name of any person on the said hst, on

COS~S, 110t exceeding enquiry, shall appear to them to be frivolous or vexatious, it shall

the part) ob$-&g. shillings, as to them shall seem meet, against the parties so

20 rllilling. against be lawful for them to award such costs, not exceeding twenty

objecting, the same to be recovered in a summary manner, as here.
inifter provided for.

Afirlnation

may be

XVX. AND BE IT ENACTED,

That every person authorised by

subet~lufed for m

oarh.

law to make an affirmation instead of taking an oath, shall maI& such affirmation in every case in which, by this Ordinance, an oath is required to be taken; and if any person taking any oath re. quired by this Ordinance, or making any afErmation instead of taking such oath, shall M ilfully swear or affirm falsely, such person shall be deemed guilty of Perjury, and shall be punished accordingly.

Revired lists to be

XVIT. AND BE IT ENACTED,

That the Citizen Lists of each

'Own

Ward so revised and signed as last aforesaid,

shall be delivered by

kept

Clerk. by

the said Alderman to the Town Clerk, who shall keep the same,
and shall cause each of the said Citizen Lists to be fairly and truly
copied into an alphabetical list, in books to be by him provided f o ~

that purpose-the

Citizen List of each Ward being kept separate

-with every name therein numbered, beginning the numbers fronl
the first name, and continuing them in a regular series to the lad
name ; and shall cause such book to be completed on or before thf twenty-second day of November in every year; and shall delivel

to the person succeeding him in such office; and every such book such books, together with the lists, a t the expiration of his office

in which the said Citizen Lists shall have been copied, shall be the

Citizen Roll of the Citizens of the several Wards of the City entitled tovote, after the commeccement of this Ordinance, in the choice of tht Aldermen, C~uncillors, Assessors and ~ u d i t d r s of the said City, as hereinafter mentioned, at any election which may take place in the said City, between the first day of December inclusive, in the vebl wherein such Citizen List shall have been made, and the first dal of December in the succeeding year.

Copier of the citiian

XVIII. AND BE IT ENACTEG,

That the Town Clerk shall cm

roll, to be written or

or pride

printed for dimtribu-	copies of the Citizen Roll in every year, to be
lion.	and shall deliver one copy of each list to each Alderman; an

the*, copies to all persons applying for the same, on payment

a rea~onabk price for each copy; and the amount received for copies, and for copies of t h e Collectors'

lists, and of the lists

and objections as aforesaid, shall be paid over to tile
asurer of the 'said City, and shall be applied by him in aid of
City Fund, hereinafter mentioned.

XIX. AND BE IT ENACTED,

That it shall be lawful for any Any pereon may sp-

hose claim shall have been rejected, or name expunged, a t have

ply for

his mendarnup.

namei~lserted

revision of the Citizen Roll of the said City, to apply before ae citizen.
end of the term then next following, to the Supreme Court,
thereof, for a mandamus to the Alderman of his Warcl,
the name of such person upon the Citizen Koll, and
for the Court or Judge to enquire into the title of the
to be PO enrolled; and if the Court or Judge shall award
mandamus, the Alderman shall be bound to insert the
upon the Citizen Roll, and shall add thereunto the words
y order of the Supreme Court ;" and sl~all subscribe
m e to such words; and thereupon the ptxson whose
hall be so added to the Citizen Roll, shall be deemed a
nd entitled to vote and act as a Citizen in all respects
S name had been put upon the Citizen Roll at the Re-
ourt of his Ward; and upon every such application, the
Court or Judge shall have power to make such order with respect
sts, as to the said Court or Judge shall seem fit.

XX. AND BE IT ENACTED,

That the Council hereinafter men Ex,,,,,,

of col-

tioned, shall take an account of the reasonable expenses incurred lectors and Town by the Collectors and Town Clerk, in carrying into effect the Clerk lobe defrayed. several provisions of this Ordinance, so far as rclatcs to the said
lists, and the revision and publication thereof; and shall order their
Treasurer to pay the sameout of the said City Fund.

XXI. AND BE IT ENACTED,

That there shall be elected

-. U --

. at Mayo*, Alderme,, h

lvho shall be, and be called, the " Mayor " of the said City; and in elected.	the time, and in manner, hereinafter mentioned, one fit person	to be
the different Wards of the said City there shall be elected at the
h e, and in the manner, hereinafter mentioned, four fit persons who
shall be, and be called, the "Aldermen" of the said City; and twelve persons who shall be, and be called, the " Councillors" of the said City; and such Mayor. Alderrnen,_and Councillors for the time being, or so many of thern%T1'd at any time be elected

and have accepted the ofices, shall be, and be called, the Council

- -

of !he

said City. W

XXII. AND BE IT ENACTED,

That every Citizen who shall be Evsrydtizenc~rollod

enrolled

on the citizen roll enrolled on the Citizcii Rall for the time bcing, shall be entitled t
ahall be entitled to vote in the election of Alder~neo, Councillors, Auditors, and Asses
vote, and none other.
sors hereinafter mentioned; and no person who shall not be enrolle in such Citizen Roll for thc time being, shall. have any voice, or h
entitled to vote, in any such election; and no person who sllall notb
entitled to be, arld who shall not be, on the said Citizen Rall, 8ha be qualified to be elected, or to be, an Alderman, Councillor, Audito or Assessor of the said City; ancl any Alderman, Councillor, Aud tor, or Assessor ceasing to be a Citizen of the said Cit~-, shall, ipi
fucto, cease to hold such office.

XXIII. AND n E irr EXACTED,

That on thc first day of

Directing tlie electinn

of Aldermen and cernber nest after the cornrr~e~icement

of this Ordinance. t h

Councillors.	Citizens, in every W::rd of the said City, shall, separately, clect fro[ among the persons qualified to be Councillors, four persons in eac Ward, one of whom in each Ward, being the person who xllall
the greatest number of votcs in such Ward, shall be the Alclcrun
of' the said Ward, and the remaining three shall be the C o u ~ c i lors of such Ward; and in case an equal numbcr of votes shall h given for any two or inore persons, any of whom, but for suc
equality, would be Aldermen, or where there shall he no contes
the majority of the Council shall detrmine which of such peisor
having an equal number of votes, slzall be Alderman or Alclcrnie~

""'

COUnci''cr

i n

XXIV.

AND

BE IT EXACTED,

That on the first day of Drccmbt

each w w d to ko out

~i O ~ I C ~	oflnun~ly,	in every succeediug ycar, urle Councillor in each W n r d shall 50 oi
of oflice by rotation, and that an election IIF held by the Cltizei so enrolled as aforesaid in each Ward, to supply his place: Par
Proviso.	VIDED, H O W K V E R, that the Councillor so going out of uflice rna
be re-elected, if still duly qualified.

Wsy in which C w n -

XXV. AND B E IT ENACTED,

That the Councillors first elcctc

ciHnrs Y C C to g(l ,, ~ t

of oiEce by rotation. under the provisions of this Ordinance in cach Ward, shall go oi	of office in the following order; that is to say, the Gouncsillor RI.
was elected by the smallest number of votcs in each Ward respa tively, or his successor, shall bc the first to go out of officc; t h Councillor who was elected by the next smallest number of vote
or his successor, shall bc the next to go out of office, and so on
and in case two or more Councillors be returned by the same Wal by an equal number of votes, the majority of the Council for tl
time being shall determine the order in which the Councillors elected shall go out of office; and that afterwards the ~ouncill i

NO Councilior who to go out of ofice shall always be the one who has been longest 1

m,rg be e l e c ~ e d

Jlclyor

shall be compcllcd office without re-election: PROVIDED,

IIOWEVER, that no Alderma

1 0 go out or

or Councillor who may be elected to be Mayor, shall be compellc

o u ~ i l

earlier

,, ,,, 1 ,c

t o go out of office as Alderman or councillbr, earlier than is her

:.,!?J.

inafter provided.

XXV

That, 011 tlre first day of De- ( ? i ~ - ~ f nlllllber

AXD

ISE IT ENACTED,

of 4ldermen,to go ou:

every third year after the year in which this Ordinance o f O ~ S C ~

TOid t l~ ' i l

into operation, one-half OS the wholc number of Alder- ""1

'lKw Jw'-

lu.- -
,n shall go out of ofiice, and the Citizens then enrolled, in the
jtlzcll Rolls of the NTards in which such Aldermen so going o u t
30ffkt; were elected, shall elect Aldermen to supply such va-
r;aes, irrlrl thc Council of the City shall determine which of the
idermen first elected under this Ordinance i hall first go out of
{lice; md, thereafter, thosc who shall go out of Ofice shall always l tllose v h o have heen Aldermen fbr the longest t ime without

.&ction: PROVIDED

A L W A Y S,

that any

Alderman

on going out

~ ' I O V ~ K L

Oflice, may be forthwith re-elected if

then qualified.

IxVlI. AND 13E IT &ACTED,

That the election of Aldermen Election to be held

Lietore a n Alderrtian

of Councillors within each U'arrl, accordhg to the provisions

each

this Ordinance, shall be hdd before the Alderman and Assessors haid.

the tirnc bcing of cach Ward, except as hereinafter is excepted;

d the voting at evcry such election shall comuence at lline of

clock in the forenoon, and shall fiizal?y closc a t four of the clock

lie afternoon of the same day, and shall be coilciuctcd i n manner

,wing; that is to say, every Citizen entitled to vote in the

lion, may vote for any number of persons not exceeding tlle

her of Alrlcrmen or Couacii1or.s the11 to be chosen, by delivering
the Alderman or presiding (huocillor and Asscsscrs, a Voting
r, containing the Christmn nanle ancl surnames of' the persons horn he votes, with thc.r rcslxctive places of ?bode, and cic- ions; such paper being previousi y signed with the finme of itizen voting, and with the uame of the street, lane, or other
in which the property in respect of which he is enrolled is

Boot l~e t~ 1,e

erect, c!

WII. A N D BE IT ENACTED,

That a t every election in any o I ,ooTny ,, ,rec?,

the Mayor,

if i t shall appear

t o

him

expedient

for

t:lkl~lg ~: , I C, , I:

i ) o ~ ~,

+.>L-

1 at such Xleclion, r m y cause Buollls to be erected, or r o o m P " ~ ~ ~ ~.
hired and used as such Booths, in oue lace, or in several
within cach Ward, as occasioil Inay rcc1uii.e; and the same
e so divided and allotted into comi~zrtnlrnts as to the szid

shall seem most convenient; and the said Mayor sllnll

t a Clerk to take the Poll a t each compartment, and wllaIl
to be affixed, on the rilost conspicuous part of each of
d Booths, the names of the Wards, or parts of Wards, far
such Booth is respectively allotted; and 110 person slxdl
itted t~1 vote at any such Election, except a t the Booth
for the part wherein the IIouse, Warehouse, Counting-
or Shop occupied by him, as dcscribed in the Citizen
ay Le; but in case no Booth shall happen to be povided
h c
for any particular part as aforesaid, the votes of the per voting in respect of property situate in any part so omil may be taken at any of the said Booths; and public notice of situation, divisio~, and allotments of the different Booths, shal given two days before the commencement of the Poll, by Mayor; and in case the Booths shall be situated in different pl. the Mayor may appoint as many persons to act as Deputies for

Proviso,

Alderman and Assessors, as may be necessary: PROVIDED ALW that no election shall be holden under tllis Ordinance in Church, Chapel, or other place of Public Worship.

XXIX.

A N D BE IT ENACTED,

That no enquiry shall be permi

h'o inquiry of a voter
except as to his iden. a t any election, as to the right of any person to vote as a Citi

t l t r p

whether he except only as follows; that is to say,

that the Alderman or

has voted b e h e on

the mme election.

presiding Officer shall, if required by any two Citizens entitled

vote in the same Ward, put to any voter, at the time of' his deliFe

ing in his voting paper, add not afterwards, the following questio

or any of them, and no other :-" lst, Are you the person wh name is signed as A. B. to the Voting Paper now delivered in " yor~ ? 2nd. Are you the person whose namc appears as A. B

"	the Citizen Roll now in force for this Ward, being registe
"	therein for property described to be situated in (here specify

" street described in the Citizen Roll) ?

3rd. Are you still in

" occupation of premises within the City ?

4th. Have you alread

voted at the present Election?" And no person required t answer any of the said questions, shall be permitted or qualifi to vote until he shall have answered the same; and if any pers shall wilfully make a false answer to any of the questions aforesai or shall Poll more than once, or oRer to Poll more than once, at tht same Election, or shall personate any other person for the purposl of Polling at such Election, he shall be deemed guilty of a misde meanor; and upon being thereof convicted, shall be imprisonec

for any term not more than two years, at the discretion of thl

Judge or Judges who shall try such person, and shall for eve thereafter, be disabled to vote in any Election to be held und: the provisions of this Ordinance; and if at any Election, l shall appear to the satisfaction of the Alderman or other

siding Officer and Assessors, that any person voting, or offering{ vote, at such Election, has been guilty of either of the boy dfences, such Alderman or other Presiding Officer, may, therellpof commit the person so offending, for examination before any one( more Justices of the Peace, within the said City,

Result of Election

X X X. AND BE IT

ENACTED,

That the Alderman and Am

~ O W

to b.

declared.

sors in each Ward, shall examine the Voting Papers so delivered; aforesaid, for the purpose of ascertaining which of the several pefiol votf
, are elected ; and so many of such persons, being equal to
mber of persons then to be chosen, as sllall have the greatest
r of votes, shall be deemed to be elected; and in case of an.
y in the number of votes for any two or more persons, the an and Assessors, or anv two of them, shall name ongst those persons for wllc& the number of votes shall be o many as shall be necessary to complete the requisite
of persons to be chosen; and the Alderman shall
e voting papers to be kept in the oflice of the Town Clerk,
X weeks at the least after every such Election; and the
Clerk shall permit any Citizen to inspect the Voting Papers
ear, on payment of one shilling for every search; and the
11 shall publish a list of' the names of the persons so
ted, not later than two of the clocli in the afternoon of the day
one following the day of such Election.

XI. AND BE IT ENACTED,

That the Alderman and Voting Paper#

not to

ors, i n examining the Voting Papers as aforesaid, ,.hall of form.

dor

none for mere want of form: P ~ o v r m n

that the name or proviso.

ation of the party signing. the paper, and the names of the contained in it, he intelligibly expressed, and i n a manner ommonly unclerstood.

BXXIT.

A X D

I T E N A C T E ~,

That on the first day of April Election or Assessors

on the first day c6

t Sullominp: after the first election of Councillors ~ i n d e r

this ,,,,,

,,,,

inance, and on the first day of April in every gear thereafter, the first eleetlon of

Councillors, and alter.

Citizens of each \Iiard, shall elect f'rom persons qualified to be ,..,d.	,,,,,ll,.
nc.illnm, two Citizens, who shall be, and be called, the Assessors uch Ward; and every such Assessor shall continue in office
ycar: and the election of such Assessors respectively shall be
he form and manner hereinbefore provided for the election of

ncillors: P I ~ ~ V I D E D

that no Citizen shall be eligible to be, or Proviso.

lected, or qualified to act as Assessor as aforesaid, who shall be

e Council, or shall be the Town Clerk or Treasurer of the

XXIII.

AND BE IT ENACTED,

That on tlre said first day of April,

of Aucl,tor3

ery year, after the commencement of this Ordinance, the Citizens

ou the

said f i r s t

d a y

Apri l

iri every

e said City shall elect two fit and proper persons, qualified to u t not actually being, of the Council, to be the Auditors of aid City; and the Auditors so elected, shall hold office for one but be capable of being re-elected, if still duly qualified

~SXIV.

A,XD BE IT Ex ACTED, That if any extraordinary vacancy vacRncie.

or r u,liiors

'all at any time occur in the office of Auditor, by reason of death h ~ w

be W

otherwise, the Mayor of the said City shall appoint a

day

day for the election of a person to snpply the place of tll, Auditor so dying, or vacating olfice, within twenty-one daJ after the occurrence of such vacancy, and shall cause an electiD of an Auditor to be held accordingly.

Mode 6f election of

XXXV. Ago BB 11. ENACTED,

That 03 the election of Auditois

n u d ~ t v r ~

;

t ~ b e ~ h v s e n

by majority of vote8 the Citizens entitled to vote in each Ward, shall proceed as herein.
in the of the before directed for the election of Councillors, but the person (,!
wards colle~tively.
persons elected shall be he, or they, for whoin there shall appeal
t o be a majority of votes in the whole of the Wards collectivelv
and that the Mayor shall declare the result of every such elect&
within two days after the holding thereof. 1

E1ect iOnofB1a~orb~ XXXVI. A N D BE	IT	ENACTED,	That on the ninth daj
Council.

of December, in every year, the Counril of the City s]laii
elect, out of the Aldermenor Counciliors of such City, a fit perso11
to be the Mayor of such City, who shall continue in Office for one
whole year, and until his successors shall h a w acccpted the Otfice of Mayor, and shall have made and subscribed the declaration re. quired in that behalf; and in case a vacancy shal l be occasioned in the Office of Mayor during such year, by reason of any persal who shall have been elected to such Office not accepting the same,
or by reason of his dying, or ceasing to hold the said Oftice, tile
Council of the City shall, within ten days after such vacancy. elect out of the Aldermen or Councillors of the said City, another fit person to be the Mayor thereof for the remainder of the current

.Proviso.

year: Pnovrmn ALSO, that the person filling the OAicc of Ma~or,

may be re-elected with his own consent.

XXXVII. AND BE IT ENACT~D,

That before proceeding to such

hiayor i a to be elec.

, ted,

election, the Council shall, by the majority of their voices, appoini two of their ovn body to be scrutineers a t thc same; and tbi

the names of the person for whom he may vote to be Mayor 0'

presiding Member shall first deposit in a box or urn, to be for the purpose, a list or voting paper, signed by himself, containin;

the said City, and shall then receive from each Alderman an[ Councillor present, a similar voting paper signed by the Aldermar

or Councillor presenting it, and deposit the same in the sail

box or urn; and at the expiration of one hour from the time

the Presiding Member deposited his paper, or sooner if the wll~lt

of the Aldermen and Councillors shall sooner have delivered theil

papers, the Presiding Member and the Scrutineers shall examin,

the said lists or voting papers, and declare the name of the

dermim or Councillor who shall have the majority of votes, to b

-duly elected to be Mayor of the said City, which Alderman

:Councillor shall be the Mayor of the said City; and in the even

ftllere being anv doubt whether any one or more person or
R r s ~ m be electeh, by reason of an equality of votes, the said
lrcjiding Member and Scrutineers, or any two of them, shall

eci& which of the said persons shall be elected: PKOVIDED,	~ l u v i s o.
,o\rLVER, that, if in any such votiag paper, any Alderman or
~ouncillor shall include his own name, the same shall be struck
,t by the Scrutineers.

XXXVIII. Ahrn B E IT EXACTED,

That the Mayor shall, during Rlayor

to continue

be contilrlmlee of his office, continue to be a Member of the :i;eb,:,;	;::!;'	of
;ouncil, any thing herein contained as to Aldermen or Councillors out of oflice to the contrary notwitlistan(1ing; and that he hal l not go out of office as Alderman or @onncillor by rotation,
marlier than the first day or December next following after the
{ay in which he may cease to be Mayor.

XXxI X.

AND B E f T EXACTED,

T h ~ t

no person being ill Holy Qualificntion

&rs,

or being

a rcyplilr

l l i l~ i r t c r

of any Religious Congrega- ~oa~,:ti;lor,-'l~~~~:~~;

n, shall be qualified to be elected, or to be Mayor, Alderman, or Assessor.
uncillor, Auditor, or Assessor under this Ordinance, Ilor shall
person be qualified to be elected, or to be Rlayor, Alderman,
Councillor of the said City, who shall riot be entitled to be he citizen Llst, nor during such time as he shall hold office
of profit other tliau that of' Mayor, in the gift or disposal
e Council of the said City; nor during such time as he
have directly or indirectly, by l h s e l f or his partner,
hare or iuterest in any contract or ernployrnerlt with, by, or

If of,

such Council:

P n o v m ~ ~ >,

that 110 person shall Proviso.

be disqualified from being Mayor, Alderman, Courzcillor, tor, or Assessor as aforesaid, by reason of his being a pro-
r or shareholder of any company which shall contract with
uncil of the said City for lighting, or for supplying with

i n ~ u r i u g

against fire, any part of the said City: PRO-

~ ' ~ O V I B O ~

ALSO, that no person who may, undcr the proviaiorls of this

nce, have been elected. Assessor for any Ward, shall, whilst inue to be suc l~, be elected an Alderman or Councillor for e, or any other Ward, or Auditor of the City.

id	AS tc voting r r f citi-

XL.

A N D B E I T EXACTED,

That every citizen shall be entitled

e ~ e c ~ i o, l c ~

le tovote in the election of the Aldermen, Councillow, Auditors, and ir hessors, to be chosen within that Ward in which the property le for ~vhich he shall be enrolled on the citizen Roll for the time I. being, shall appear to be situate; and if any citizen shall occupy ,c distinct premises in two or more Wards, he shall be entitled to 11 '{ate in such one of the said Wards as he shall select, but not

than one.

hinnner of proceeding

XLI. Ah-n B E rT ENACTED,

That if at any election, BRypers

i f any 1 erson iu e l ~ c.

shall be elected an Alderman, Councillor, or Assessor, in more t h

t e d a Cuuncillor

Aasessot in mure than

one of the Wards of the said City, he shall within three days afi

one ward.

notice thereof, choose, or in his default the Mayor shall Aeclal

for which one of the said Wards such Alderman, Councillor

Assessor shall serve; and such person shall thereupon be held

he elected in that VCTard only, which he shall so choose, or wLli

the Mayor shall so declare.

XLII. A X D BE IT ENACTED,

That if any extraordinary vacan,

Occsliinnal varanciea

of Aldormnn, coun- shall be occasioned in the Office of

Alderman, Councillor, or B ssess

cillor

Assessor,

how tobe fil led up.

of any Ward, the citizens entitled to vote sllall, upon a day to I fixedmby the Council, such day not to be later than fourteen da from the occurrence of such vacancy, elect from the persons qn lified to be Councillors, another citizen to supply such vncanc: and such election shall be held, and the voting, and other pr ceedings, in case of a co~~tcs t, shall be conducted in the san manner*, and subject to the same provisions as are hereinbefo enacted with respect to the election of Alderrnen or Councillors aforesaid; and every person so elected shall hold such office n n the time at which the person, in room of who~n he was chosen, mlou regularly have gone out of office, and he shall then go out of offic but shall be capable of immediate re-election if then qualified, herein provided.

Wayor, Aldermen, XLIII. AKD BE IT ENACTRD, That no person elected to I
Couucillorrr*Audltors~ Ma or Alderman, Councillor, Auditor, or Assessor, under tl

and Aeeeesors, not to

a y

~t uotii [a.)

provisions of this Ordinance, shall be capable of acting

such, except in administering the declaration hereinafter containe

declara'ion

ance of office.

until he shall have taken thc Oath of Allegiance to HE^. MAJEST declaration, before any two or more such Councillors, who a hereby respectively authorised and required to administer the sat

oath and declaration to each other, such declaration being in t

words, or to the effect following, that is to say-" I, A B, havii " been eleoted Mayor, (or Alderman, or Councillor, or Auditor, " Assessor) for the city of Adelaide, do hereby declare that I tal

the said office upon myself, and will duly and faithfullv fulfil t
duties thereof, according to the best of my judgment a i d abilitl
XLIV. AND BE IT ENACTED, That every person duly qualifie

~ i t i s e n

eJ(cted

t O i i i e u m c e O f M ~ y ~ r ~

who shall be duly elected to the office of Mayor, Alderma

Alderman,

Coun-

cillor, Auditor, or A..

Councillor, Auditor, or Assessor, under the provisione of tl

mosaor~

accept Ordinance, shall accept such office to which he shall have be

the oflice, or pay a fine

the ciay F U ~ C I.

elected, or shall in lieu thereof, pay to tbe

corporate Body of t

said City, a fine of not lcss than Twenty-five nor more than JY

Pounc

!rs	n d ~, i n the case of Alderman, Vouncillor, Auditor, or
t h	ssor; and a fine of not less than Fifty nor more than One

aft	nds, in the case of Mayor; as the council of the said

lal	lution to be made 111 every such c m, sllall deter-
)r	ch fine, if not duly paid, shall be levied under the

d	111 of any Justice having jurisdiction within the said City,
,hi,	S hereby authorised and required on tlle application of thc
il to issue the same), by distress and sale of the goods and e person so refusing to accept office, together with
In(	sonable costs and expcnses of such distress nntl sale; ntld

?SS	.ply such person so elected, shall accept such office by taking the

0 l	Allegiauce, and x n a l i i n ~ and subscribing tlrc -declaration wllb shall have already served such office (or paid the t accepting such ofice) within the five vears nes t be-
d a	tbre mentioned, within five days after notice of his

;I"

to bc served at his usual place oi' abode, otherwise such

ncl

hal l be liable to pay the said fine as for his non-acceptance

ofice, and such office shall thereupon he deemed to he

;an

nd shall he filled up by a fresh election, to be made in the

1f0

lereinbefore mentioned: I'ROVIDED

ALWAYS, that no per- proviso,

I'S

led by lunacy, or imbecility of' mind, or by deafness,

Iln	or other permanent infirmity of Locly, shall be liable to
OU	as afbresairl: Pnovrrmn A L S ~, that cvery person so Provieo.
&c	any such office, who shall be above the age of sixty-five
I >

rc the day on which he shall be so re-elected, sbjl l be exempted
1 1 ting the same ofice, if ' he allall claim srncll exemption

days after notice of' his election: PROVLDED

PURTIIER, P,,,i,,.

g in this Ordiilance ccntained, shall extend to render

ve in any office in or under the Corporation, or Council

oration of the said City, or to compel the acceptance

sa	office, or duty whatever, by ai:y Member or Officer of
a	ire Council, or by any person holding any Civil em-
,an	tler the Government of this colony, or being a Mili-

Marine, Commissariat, or Ordnmce Officer, on fu l l

V1K

IIER R ~ R J E S T P ' S Service,

i u that of

tlle Horn--

r,	India	Company.
tal

It'

XLV. RP;* BE IT ENACTED,

That every person elected into proriqionsforresi8u-

iug office.

i ty	'DJ' Corporate Ofice may, at any time, resign such office, on pay-

fie	Dent of the fine which he would have been liable to pay for
118	"n-acceptance of ille same office, or ~f he shall become entitled

t 1	claim csempt io l~ from payment of any such fine. or from ac-

be1	Leptiog or serving such o&ce under any provision herein contained.

Penaltiee

M a j o r.

XLVI. AND m IT E'VACTED,

That if the Mayor, or any ,,,,,,,,,,,,~,,,,,,

?if

.III	Alderman, or Assessor of the said City, who shall be in Ase88or~1 a d Y O W U

mk€!

~ l e r k,

for nea~ecting Office a t the time herein appoinled, in each year, for the revisi

to cornp!y with the

proqjsiolie of tllla by them of the citizen list, under this Ordinance, or for a

Ordinance.

ejection of Aldermen, Councillors, Assessors, or Audita which he is required to conduct or dcclare, shall neglect refuse to revise such citizen list, or to conduct or declare

election as aforesaid, every such Mayor, Alderman, or Assess shall, for every such offence, forfeit ancl pay the sum of 0 1-lundred Pounds; and if any collector appointed under tile p, visions of this Ordinance, shall neglect or refuse to make out, sir and deliver, such list as aforesaid, or if the Town clerk shall n ~ g. 1 ~

or refuse to receive, print, and publish such lists as afbresuicl, ol any such coliector or Town clerk shall refuee to allow any su list to be perused by any person having right thereunto, everv su collector and Town clerk respectively, for every such otfence; ,cll forfeit and pa the sum of Fifty Pounds, and the said penall

suit, by any person who shall sue for the same within thl

hereby in suc I case imposed, shall be recovered, with f ~ r l costs

calendar months after the comnission of such offence, by actio~l

debt or on the case, in any Court of competent jul-isdlctior~, and t

money so recovered shall, after paymcnt of the costs and expeel

attending the recovery thereof, be baid and apportioned as folh

(that is to say), one moiety thereof to the person so suing, and t

other moiety thereof to the 'l'reasurer to be appointed by virtue

this Ordinance, to be by him applied in aid of the City Fu

hereinafter mentioned.

XLVII. PROVIDED

ALWAYS, AND BE IT ENACTED,

That if an

Any Meyor, Alder-

man,	Councillor, person holding the office of Mayor, Alderman, Counclllo

Auditor, or Asses-
nor, if he shall be Auditor, or Assessor, under the provisions of this Ord

insolvent, or absent

declared bankrupt or be declared or become Bankrupt or Insolvent, accordin

rit,., Laws relating to In~olvency

; or being ?dayor, shall

himself frdm
lose bin office. more than two calendar montl:~, or being an Alderliian

Councillor, Auditor, or Assessor, shall be absent froin t h

said City for more than six calendar months at oo and the same time (unless in case of illness,), then, an

in every such case, such person shall immediately becom

disqualified, and shall cease to hold such office, yes

and in case of such absence, shall be liable to thc

to be recovered in the same manner as if he had refused

accept the said office; and the Council, thereupon, shall fortllwit

declare the said oflice to be vacant, and shall specify t h

a notice in writing, under the hands of three or mar

countersigned by the Town clerk, such notice to be

some public place within the City; and the said

thereupon become vacant; but every person so bec

qualified, and ceasing to hold such office on account

or becoming, a Bankrupt or Insolvent, according to the

rt>lating to Insolvency, slmll, on obtaining his Certificate,

, payment of his debts in full, be capable (if other-

, qualified) of being re-elected to such oflice; 2nd cverv
in becoming disqualified to hold such office on account df ince as aforesaid, shall, on his return to the said City, be capable

em,	W re-elcctea to such ofice, provided he shall then be othel-
,

LVIII. A X D m

IT EXACTED,

That if any person shall act as Penalty on pereoos

;or, or Alderman, or Councillor, or Auditor, or Assessor, under

quahfiehctiag

HR Mayor, Alderman,

provisions of this Ordinance, without having made the decla- ~

A U ~ W,

11, hereinbcfore required in that behalf, or without being dulv "' ASw3300"~
ificil at thc time of rnnking such tleclarn.tiou, or after he
e to be qualified accordini to the provisions of this Ordinance,
fter he shall have become disqualified to hold any such office, hall, fbr every snch offence, tbrfeit the sum of E'ifty Pounds,
I sum to bc rccovel-ed, togrthcr with fbil costs of s i i t, by any

on ~ 1, o

slid1 sue for the same within three calendar months

*the	commission of' such offence, by action of tlebi or on the

, i n any court of

corr~petent

Jurisdiction; ancl every pcrson so

bv reason of not bring qnalitied according to the prcvisions of odinance, shall prow that he was at the time of so acting, ified as aforesaid, or otherwise shall pav the said penalty out any further evidence being .given, t l k n that he acted as Mayor, or as Alderman, Councdlor, Auditor, or Assessor,

ir this Ordinance, as the case may be:

l ' n o l - ~ ~ e o

ALwnrs, PrOViso.

it shall be lamfill for RJIV Ilcfendant, by Judge's order, to Le ined within fourteen da$ after be shall have been served with
ess in any such action, to require the Plaintiff to give security costs; and in such case, all further proceedings in the said
e shall be staved, unti l the Plaintiff shall give security to ;atisfaction of the l'roper O6licer of the court, for the costs
ach action in case a verdict shall pass for the Defendant, or

Plaintiff' sllall become n w s cli tetl, or discon h u e such action;

upon demurrer, or otherwise, Jiidgment sliall be siven agairtst
Plaintiff; and the Defendant shall, in either of such cases,

crer his f d l costs as between Attorney and

client:

P n o v r r > ~ n

Proviso.

,	that no such action shall be hrouglit, except by a citizen of

said city, nor unless the citizen bringing the same, slm11, in fourteen days af'ter the commission of the offence, hare :d a notice in writing: personally, upon the party committiilq
offenec, of his intentloll to bring such action; add in case the
otiff in auy such action, shall obtain a verdict, the money so
! recovered, shall, after payment of the costs and expenses
lding the recovery thereof, be paid and apportioned as fullons,

is to say) :-onc

moiety thereof to the pcrson so suing, and

the
the other moiety thereof to the 'Treasurer to bc appoillted virtue of this Ordinance, to be by him applied in aid of tllc (

Fund: PROVLDED

F o w e m, that all acts and proceedings of

person in possession of the Office of Mayor, Alderman, Council ~Iudi tor, or Assessor, and acting as such, shall, notwithstand such disqualification, or want of qualification, be as valid l
effectual as if such person had been duly qualified.

XIJX, A ~ D

BE: IT ENACTED,

That if any person who $1

T'ersoriu cmvicted of

bribery,llnble tos pe- have, or claim to have, any right to vote ill any ekcti01l uf

Mal

n*l'yalldLii.qualified-	or Alderman, or Councillor, or Auditor, or Assessor under this 0'
naucc, s l d l after the commencenlent of this Ordinance, ask or t
any money or other reward, by way of gift, loan, or other dev or agree or contract for any money, gift, office, employment, other reward wlmtsoever, to give or to forbear to give his vat,
any such election, or if any person by himself, or by any per employed by him, shall by any gift or reward, or b y any 1
mise, agreement, or security, for any gift or reward, co~~u!,t procure, or offer to corrupt or procure any persol1 to give, or fbrbear to give, his vote in any such election, sucll person
offending in any of the cases aforesaid, shall, for every S
off'ence, forfeit the sum of' Fifty Pounds of lawful money of' GI Britain, to be recovered with full costs of suit, by any one i
shall sue for the same by action of dcbt, bill, plaint, or i n h
tion, in any court of competent Jurisdictiou; and ally per
offending in any of the cases aforesaid, being lawfhll y convic
thereof, shall, for ever thereafter, be disabled to vote in anv e
tion to be held under the provi&o~ls of' this Ordinance, or in an:
Municipal Election whatsoever in any part of the said Provinct of South Australia, and also shall ibr ever be as incapable o holding, exercising, or enjoying any o3ice or fi-arichisc, w l d
he then shall be, or at any time thereafter may become, entitle( to as a citizen, as if such person were naturally dead.

Persono

e x e ~ n p t

from

L. AND BE IT ENACTED,

That if any person offendin:

T'eoaltlce in certam

CJSBB.	in any of the cases last aforesaid, shall, within the space d twelve calendar months next after such eiection as aforesaid, di? cover any other person offending in any of the cases aforesaid'
so that such other person be thereaf convicted, such person discovering, and not having. been before that time eouvieted CJ
any such offence, sbal l be indemnified and discharged from 81
penalties and disabilities which he then shall have incurred 'l! any such offence.

Prosecution

mu8t

LI.

PROVIDED

ALWAYS, AND EE IT ENACTED,

That l''

ummeuce within one

yeur.

person shall bc made liable to any incapacity, disability, forlciturV

,galijr by this Ordinancc imposed, in anv of the cases afore.

id, I I I ~ l e ~ s

prosecution bc commmced ~ i t h i n

onc year after srlcll

F;	disability, forfeiture, or penalty shall be incurred, herein contained t o t l ~	contrary notwithstanding.
lilr

ld	IJI. ~ Y D	BR IT EXACTED,	That the Mayor for the t ime .lhe M,,yor to he
V

ing,

duly elwted under the provi-ions of this* Ordinance, shall Jwtiw 111 t11e L+aw

I (. - ~ f l r i ~

a Justice of the Pence of and for the Prori~:ce, and for tbe Prov~uco.

contin~ne

to be such .Justice of' the Peace during the next

sl;

reedin!

year after he shall cease to be Mayor, unless disqualified

afi,resa~d; a d after having been duly sworn as a Justice, i t sllall

d m a y be lawful for llirn to act as such during the period above

i d; acd that such XInyo: shall, durillg t,lw period of liis

nare of' his Mayorality, have precedence in all R4unicipal Pro-

I III.

A N D BE IT ENACTED,

That the Council of tlre said Power to City Coun.

:rh

;r r h n l l appoint a fit

and proper person, c u t being a Member of C"

Clerk,

"'' l 'U"'t

rrreaatirer,

"'"""

a11

P	Council, to	Le the	T u ~ v n	Clerk of the same, who shall hold akheroliicc~s.
lt

,I'	ofice cinr-in:; pleasure, and suc'u 'l'oivn Clerk may be ail Attor-

[h: S o p r e ~ e

Churt of Soliill

Australia, or hf i l l l y of Her

,:ie;t,y 's :Guperioi. Caul-ts in Grcat Britain or I rela~ld

; anti tllu

Cour:cjl shall a'lqo appoint anotllrr fit and

proper p e w ) n, not

r rf

said 4- ,&L

& P +-.L - /

n Ucmber of' such Counc:;l,

to bc the 'l'rcasurer of t t ~ e

" ----t- -

-------r

or Corporation; and sl\all also sppoint a Surveyor of the

/hLT,d-*-G

l's	l i d City, anti collectors of Rates as herc ind te r mentionccl, and

tlier

Oif ice~s

as they shall think r-ecessary for enabling them

11 c	carrlr iuto execution the varicus powers and duties vested i n
a]	em by rlrt;le of this Ordinance; and may, fioni time to [ h e,
in	licontmuc tile appointment of sucli officers 3s shall appear to

not necessary to be re-appointed, and shall. take such se-

T o

take

s c r ~ ~ r i f y

fnr

iiity for the duc csecutioil of his osice by a n y such ' l 'ow~ clerk,

d u e

exccrll,o,,

nasurer, collector of Rates, or other O g i e r, i s the said

Council ofice-

tll

all tliink proper; acd in case of a \racilIlcy in :lny such office a s

uresaid, by death, resignation, removal, or other\vise, the said

3i	cil may appoint another fit and proper person in the place of

e person Qu making such vacancy: PROVIDED,

that the Town Proviso.

ark and Treasurer shall not be one an2 the same person: l'ao- proviw.

ai	also, that no Macebearers, or other Oficers rnerely for

L	e or show, shall be appointed.

LIV. AND 1:E IT E N ~ ~ ~ ~ D,

That it shall and may be lawful Power (0 mnke 817

l	Iowsnce to Mayor,

the finid Council, to order the payment to the Mayor, ..d	e&,61rlea to
n clerk, and 'Pre.nsurer, and to every such other Okticets-

, to be ernployed as aforesaid, of such allowance or salary,

the said Council sllnll scem reasonable cnd proper: PRO-

proviso.

that tlle salary of the Mayor, if any, be fixed within

YS after liis acceptance of office, and that such salary be

of all fees, pcrqnisitcs, and other emolomcnts:

P ~ o v r n ~ n

p,,i.,.

also,

(lls ALSO, that in cases whore Salaries, lVa;ce,

comrnis~ions,

01. ,,it

for 8a1arieai pecuniary aliowauces, are assigned by the said Council to

commisg~~ns,	&C., to
Cot)orslc	officer. either, or any of such OfFicers, or to any other official per

at no lime* wl~omsoever,

the said payments shall be and bccome payable fr

exceed in the aggre-

gat.. ten per ceutunr and out of the current annual City Revenue, ~xclusive

of a

"'y	sums which may be granted out of the General Public Iteven

venue.

'he

of thF: Province in aid of the purposes of this Ordinai~ce, ande
clusivc of any sums otherwise specially appropriated; and sll at no time exceed in the aggregate Ten per cent of the curr Annual City Revenue, and of the remainder of the City Revenue

Pmvided D\ln that no less than Ninety per cent. shall be applied to and for the irnpro llabllltiesoftlle Car- ment of the city: PROVT~)ED ALSO, that 1;o Liabiljtics at any ti

poration

shall

Lb.rgen~le~g.ioatthe

incurred by the Council of' the said City' for any object or purpa

genera1

whatsoever, shall, under any prctcnce, constitute any charge

claim agaiilst the General Pulllie Revenue of

the Pro~ince.

Trenrrurer to pey no	LV. AND BE IT ENACTED,	that the 'heasurcr of the sai
money hut by order

of rhe City Council.	City shall pay no money on account of the >layor, Aldermen, an Citizens, save only upon the order, i n writing, of the Counri signed by not less than three Members thered, and countersig~ia
try the Town clerk, or by competent judicial authority,

Receipts of ~ r e l - u r e r

LVJ.

AND R E

ENACTLD,

That all sums of money, bill

pnld

i r i ~ t ~

,,,,

l cwl ,h

,n,,b,,,,,

and drafts which shall he received by the Treasnrcr of the s i

ailer receipt.

City, shall, within two days after the same shall have bcc

received, or within two days aficr the same shall lxzve been

ceptecl, completed, and perfected, if the same shall not be acceptt

completed, and periected at the time it shall be r?ccivctl, be pal

into tlle hands of the Manager and Company of a chartercc1 Um

within the Provime; and all such

Monies, 1311 ls, a n d Dr~f t s,

to be paid as aforesaid, shall, from time to time, be plilccd to t11

account in the hooks of the said 111aoag.er and Coml~any, intituk' "the account of the Mayor m d Corpol ation ot'thc Citv of Adelaide and shall be applied a i d clispas4 of by the ~ o u n c i l of the sl:

City, for and towards the carrying tile several purposes uf th

~rciinance

into execution.

Payments for ordi-	LVII.	PROVIDE:^	ALWAI'C,	A N D BE	IT E N ~ C T E D,	That il
nery purposes miiy

he made, and money shall be lawful for the said Treasurer to pay, out of the moniii

reta1n.d	fur specs i received bp him, any ordiirarp and daily parrtlents required fo
occasions.

made by orders of the Council, and, upon aily special occasion,t( retain in his hands, at the close of any day, for anv specifiel by the Council, such ruin as he shall be autlmris&i and dircctedb the Council so to retain.

Collectors to be a p

LVIII, AXD BE 1.r ENACTED,

That the Coullcil of

sal'

yoiuted by warrant.

City, shall, from time to time, as may be necessary, order a'

appoint, by warrant, such number of persons, to be cullectors

the said city, as they shall judge necessary and proper, and

dire(

,iirzct n hat. comnhsion, or WIRPJ, or :?I!o:i3n~e~

511:111 be given to

i!,cm for their services, who shall hvy i!x ainount of rates charged

I '

in njly w m s m ~ n t

ncmraing to t h e ~ O Y ~ > ~ O ~ I S

01' t!ii): Ordinance;

,iilrl St~ell ~vnrra:lt 511;1!1 l x according to the form ar to the effect i\-en in the Schedule marked H. hereunto annexed, and shall be
,lgiled by the RIayor of the said City, and be under thc Common
~ ? ~ l of the Jlnyor, Aldermc;l, CcunciIlors, and Citizens thereof;

shall sl~ecikv'

the arnount to bc collected within the precinct

place rl:ilned in the warrant, and the property in respect of
hich such rate is chwgecl according to the particulars set forth
ill the Assessment l h k ; and ewry such Collector shall duly n c c ~ ~ ~ l t for and pay over thc: amourit collecteil by him to the
Treasurer, a t such ti3rles arid in such maimer as rntty be

q p o i n t d

by the said C'o~mcil,

nccordi~lc

to tlw provisions of this Or-

inance; or in dcf'ault thereof>

s h l l be elte~iiecl

and taken to have cm-

ezzled the same, :uld be proccetlecl nvnin:t ) *.. a.; by law provided for
the ~)unishinent of the crime of' cmbezzlemcnl; and all money re- ceived by ( 2 1 1 ~ such Colle~tor may, from the receipt thereof by him, be deemed the money of the '4'1.ensuror for the time being of the said City, and nltiy lac so clcscriberl in m y intlictineiit or other proceeding.

LIX. ~ IND

n s I r Es

I ~ T E D, tll i t

the

Council

the snid City W Council ta make

Orl!crs for conduct of

shdl, from time to time, make such Orders ancl Ikgullztions concern- the Co:lcctorn.
ing the Collectors of rates, as the nature of the service shall appear
to them to require, and such f~lr t l ier Orders and Iiegulntions for the
hctter government ancl direction of the said Collectors, as the said Council sllnll think proper, and s l d l also fix the amount of securi- ties to bc found by such Collectors for the due execution and per- formance of thc duties of their oflice.

Corpornto

pro-

LX. AND BI IT EXACTED,

t b ~ t

after the appointment of the ,,,,, ,,

Treasnrrr,

as aforesaik the rents ;md profits of all Lands, Houses, tllc

T r v w r c r 1 und

corricd to account in

h k e t Dues, Dues fix Slaughtering Cattle, Tolls, Rates of Assess-.

E,,.,\

ca~~vc i

mmt, ancl oilier sources of Revenue which now or hereafter may ac-	' ' C i ~ Y ~ l n d. "
true, or belong to, or become payable to the Corporation of the snid	city, and the Interest, Dividends, and Atlnuol Proceeds of all
hlonies, Does, Chattels, and valuable Securities belonging to or pay-
able to the Corporation, or levied under this Ordinance, shall be paid to the said 'I'reasurer, and all the monies which he shall receive 0"ccount of the Corporation shall be carried by him to an account

!o be called the

City Fund," and soell Fund shall be applied

city F,I~CI,

LOW to

l"he	pmportionntc amounts per centnm, respcctivcly, hereinbefore set be flpp!ied-

fort{], towards the payment of thc nliowance, if any be made, to the

?layor, i l ~ ld of the resycctivc snlarics or nl!owanccs or commis-

SQns of the Town Clerk, L reasorer, Surveyor, and Collectors, a" of ;my other Officers W ~ I O L ~ I the Cou~lcjl shall appoint, and also

i ~ " ~ & the payment of t l ~ c

expcnsci inclwed from time to time in

.C;

preparing

estimates of ihc Expenditare necessary for carrying into cfrwt 1;

purposes of this Ordinance, and in order to misc the wr~ount

timnted, from timc to time, if necessary, order City rates to lx m;,,
within the said City; and for that purpose the said Council sh; have fill1 power aiid authority to order 2nd direct Assessments to, made, subject to the provisiorls and in manrierliereinai'ter mention? of all Buildings, Lands, Tenements, t1nd Hereclita1ne:lts within t] limits of the said City, whetllcr occoyicd or not occupied, rcnted
not rented, according to the full, fair, a i d nwt tge es t imn lcd :ula

vdue of the same, clear of

all outgoings; ~l i id

():I

t h e Assi'ssm:~!

so aiaclc froin t h e

to time, to cause such Rate or Itates to be l e h

as to the said Council may seem proper, the s:mc

to be declal(

by tlic said Council. And the said Hates, xhen collwtccl, shall: paid to the Treasurer of the said City on account of' the snid Ci Fund, and shall bc applied to id1 necessary plirpoxs under and l virtue of this Ordinance.
Valuator to be ap-

pointcd by warralit

LXII. AND HI:

1.r ENACTED,

that

for

carrying the

~ ' O I C E I

~ ~ n d e r t h c

hand of 1111: provkions into effect, the said Co~!ncil

my,

fi 0111 t i l i l ~

to tii~ie,

&In yor.	warrant uncier the hand of the hlayor, appoint fit m 1 prop
persons to be Valuators, to value, rate, ancl assess all sucli Uuildir; Lands, Tenements, and Hereditaments to such 1Pates and AM: merits as aforesaid; and sucli Valuators shall,n.it!~in forty days aft
the delivery to them o f the warrant of their appointment, mid
sign, and return to the said Council an ~2sscssment fur the prrcill

or plncc namcd in such warrant; and the Assessment shall be fair

A,,,,,,,

,,,

written in u book, and shall specify, in diifcrcnt columns, the lim

entered in r La.i;.

of the respective owners, occupiers, or agents of olvrrcrs (a hen 11

same can be ascertained), of all Buildings, I,nr;tls, 'i'enenlent~,

Hereditaments comprised in snch Assessmci~t, ~i 110 inn y i te liable

the pnyment of the said Katcs, the full and fair ;mrlu;tl value o f f

same, and the amount of Rates cllargeable t lmeon respectively; 8' when the prciniscs sliall bc unoccupied, the full allcl fair annil value tllcreuf' to let,

as aforesaid, rhall llear and determine the matter of the :ippeal
-,summary manner, and shall make such order thereon, with or ~ i t l
costs to either party, as the said Justices shall think proper;

case the said Justices sliail think the appellal~t

entitled to rc!itf,,

shall order the Assessment to be amer!clecl in sncli nlanucr a s m,7

--..

necessary for giving him relief: and shall also order a n y money pail him which he was not liable to pay, t o be returned to him by tile Treasurer. And in case he sball h a w appealed on the ground any person is omitted out of the Assessment, the said Justices order the name of such person to be inserted in the Assessmcnt, to be therein rated at such alnount as they shall deem just.

Ibs Aa-ment

mn, case the appellant shall have appealed o1i the gruo~~cl"tllat

the

b altered to relieve

thallppeuant,

perty of any person is asscssed below its full and f'iir annual v;

. I k ~ n g any

0 t h ~

the said Justices may order the amount a t which such person is r

part of it.

in the Assessment, to bc altered in such manner as thcv shall c

just,.

And the

officer of the Court shall, in eadyof the

aforesaid, forthwith amend the Assessment accordingly; hut Assessment shall not be quashed, or altered, with respect to

'	other persons named therein; and the determiniition of the Jus
1	~t any such Sessions or arljournn~ent, shall bc final and conclusii

The ~ o o k o f b ~ *

LXV. AND BE IT ENACTED,

tl!at after the signing !q

t l ~

ment, or rr compared
.nd certified copy, to of the said City, of every such Assessiuent as aaldrcsairl,
be e~.idence. original book or document of such Assessment, or true
compared copies of such Assessment, or of so much awl
parts thereof as shall be material or necessary t o be given or re;
evidence (such copies to be certified by the Town Clcrk), slia
legal and sufficient evidence, in all Courts and places, of the con
of such Assessment.

comil

dier

LXVI, AXD BE IT EXACTED,

that if it dlall, a t any time, a1

or	m e n d Asewment

Baok,

to the Council of the said City, that the n a n e of any person who c to be included in such book of assessment, hath been omitted t from, or that the name of any person hath been inserted there{

the owner or occupier of any premises or property in respect of 7

some other person ought to have been rated, or that any other alter

or amendment may be necessary in such books, than, ancl in r

such case, i t shall be lawful for the said Council to cause to be a or inserted therein, the name of the person so omitted, together the sum for which he ought to be assessed, and the amount of payable in respect thereof, and also to cause to be inscrte(1

substituted, the name of such person as may be the occupier or c of any building, tenement, or other property, instead of, and fc

name of the person incorrectly inserted in such books, and that

such addition, insertion, alteration, or amendment, to or in such 1

shall be valid and effectual in law to all intents and purposef the money charged to any person in consequence thereof, shal

bc dcinaided, received, and recovered, in the same manner as
if tllr nnmc of such person, or other altcration or nmendmertt, had

been inscrted or nude in such books, when-the same were originally and signcd by the Mayor-. L'ROVIDED

that every such addi- Proviso.

tion, insertion, alteration, or anlendment, shall be marked in the as-
sessinellt-book, with the initials of tllc Mayor for thc time being,
illat public notice tlrcreof be given, by advertising every such

insertion, alteration, or amendment, in the SOUIIL

AZLS-

t r v r l i ~ ~ ~ ~ Gouerm1zent Gazette, arid that any person affected thereby,
shall have the smie right and relnc~dies by appeal, as are herein-

before given with respect to the original assessment: PROVIDED	Proviso.
ALSO that n o t l h g hcrcin contained, shdl bc construed to authorise or enable the said Council to set aside the effect of any judicial decision givcn after appeal, and that such amended assessment-book and all entries therein, lawfully made, or true arid compared copies
certified as afores;tid, shall be received in all Courts in this Province,
i\s evidence of the facts therein set out, as in the casc of the original
assessment-book.

LXVII. Axn BE IT ENACTED,

that it shall and may be lawful for

rt,t,~ Inay be r p

a y	collector, appointed uilder this Ordinance, to sue for, recover, and cOvercd.

receive, of and from the person thereto liable, any rate or assessment
papblc uiitier thc provisions of this Ordiilnnce, in any Court of com- pcttcnt jurisdiction; a i d for the purposes of any action or suit, such rate or asscssrnent slmll be deemed to hc t h e and payablc to such

LXJ'III. , ~ X D

BE: 1.1. EXACTED,

that if any person shall neglect or

HOW rates may

rehse to pay the rates, or arrears thcrcof, to which he may be liable distrainod for.
wler this Ordinance, for the space of ten clear days after personal
~IIII!I~ thcrcuf' by the Collector, or demand in writing left at the use, land, or tenement, rated and assessed thereto; and if after a ond tlemand thereof, made in any such like-manncr, after the cx- ation of the said ten clear clays, payment shall be refbsed or

ain uncomplied with for four clays after such second demand, then,	in such case,it s h a l l a d may be lawful for any Collector appointed to
i ~ c sucll ratrs, and llis assistants, without any further warrant or
wily than the warrant delivcrcd to him at the time of his appoint-
, in form or to the effect aforesaid, to erlter into any I'ii~t of any, builcling, land, or tenement, so rated and assessed, and to dis-
the p o d s and chattcls thereill or tlzereon, or to enter into iilly f m y otller house, building, land, or tcnernent, occupicd by

rson so ratecl arld itsscsscd, and to distrain the goods ant1
S of such person therein or thcreon, and if t,he sums for
such distress shdl llitvc been taken, shall not 1,c paid within
s i~ftcr sIIC'll ~listrcss made, togctller with the costs of rriaking
SclLedulo of

stress, such costs 170t to exceed the sums given in Schedule

I.,

lowell on tlistraint.

I T

hvrcunto

hereunto annexed, then to bell so much, allcl smll part thereof, na s ] l a l ~
be sufficient to pay such amount of rates nnd arrears ss aforesaid,
together with all costs ahcl charges attending the said distress anll
sale, returning the overplus, if any, to the owner: P ~ o v r ~ ~ ~,
ALWAYS, that when any sum payable under this Ordinimce, in
respect of any rate or assessment, shall be levied off or from. or paid by any person occupying any house or tenement, whose lessor or landlord shall be liable, by reason of any contract or otherwise, to pay such rate or assessment, or occupying p r t of an! house or tenement let out in apartments, such person shall ancl lxai deduct such sum from any rent payable by him to the landlord dr lessor of such house or tenement, and the receipt of such payment shall be a sufficient discharge for so much of the said rent, ancl shall be to all inten6 and purposes a payment thereof; and if 110 rent shall be due, a t the time of such levy or payment, the persoil paying such sum, or from whom the same may be levied, shall, in such cases,be entitled to, and may recover the salne fi-om such lessor or landlord with treble costs, in any court of conipetent jurisdiction.

The person prima-

LXIX. AND m IT ENACTED,

that except as hereinafter provideil,

as liable to Rates, ahau be the Occupier. the person primarily liable to the paybent of ratcs under this Ordi.
nance, in respect of any house or other property assessed, shall Isc the occupier thereof, or person in possession at the time when such rates shall be demanded, or (in case of a change in such possessioll in the meantime) the person occupying the prerniuos wller~ thc distress shall bc executed; and in case the premises shall be vacant, and there shall not be sufficient distress found tliereiri, the11 tile

Proviso.

proprietor or landlord shall be liable: PROVIDED that in all case) where any tenant shall be called on to pay, ancl shall nccordingl) pay, either a greater amount of assessment than he shall in fact ore for rent, or an m o u n t of assessment extending over any period 0: time during which he shall not have been in possession as tena~i t, he shall be entitled either to deduct the amount of excess so paid, from

the accruing of future rent, or to recover the same from the pro.

prietor or landlord (after demand), by an action as fbr money p d

in an ordinary case, in any court of competent jurisdiction.

ratB

LXX. AND RE IT EXACTED,

that the owners of all houses, apart.

ners of certain houses,

piers. diate lessors of the actual occupiers which shall respectively bc let tc

instead of the OCGU- rnents, or dwellings, within the limits of' the said City, or the imme

the occupiers thereof, at any rent or ratc not exceeding tncntypound' by the year, for any less term than one year, or under any agee ment by which the rent shall be reserved or made pyab le :tt an! shorter period than three months, shall be assessed to the rates dhe said, for or in respect of such houses, apartments, or thvellinp, an' the outhouses and curtilages thereof, instend of the occupiers ancl upon non-payment of the sums so to he assmserl, tlic same
;I,ltl n ~ a y be levied upon, and the paywent thereof be enforced against aneh owners and lessors so to he assessed, and thcir goods anti chat-
tejS, ill like manner as rates against the tenant or occupier, may by

law be levied and recovered: PR~VIDEII

ALWAYS that wllcrc such rate Proviso.

be in arrear and unpaid for the space of Fourteen Days after

the same shall have becoiue clue, it shall be lawful for the Collector, or other person a~~thorised to demand payment thcreof, to give notiee in writing to the person or persons in occupation of the House in rclpect whereof such arrears shall be due, to pay to the said Collector, or otlw person, the rent reserved upon his holding; after the service

vhich notice, Ity leaving the same a t the Pr&ises

chargeable,

tvt.ry such Tenant, Occupiur, or J d g e r, shall pay all rent thereafter
rccr;ing due from him, pnrsonnt to the requisition of such notice;
R ~ I C ~ from a d after the clelivel-y of' such notice, and until satisfaction
of all swlr Arrears, such Collector, or other person, shall have all
hnch rtghts, powcrs, and authorities, for recovering and enforcing
thc payment of the ]Lent due and payablc by any such Tenant, Oecnpier, or Lodger, as tlw immediate Landlord of such Tenant, Uccupier, or I,odgcr, might have I d; and after satisfaction of suali
arrenrs of rates by the receipt of such Rent as aforesaid, the over-
plna, deducting therefrom One Shilling in the Pound, and so rateably
for m y smaller sum, shall he paid over to the said Landlord,
LSSI. Axu Wsceeas many of the lands iilcluded within the ,, L a ~ ~ & ~, ~ ~ ~ ~ i

h i t s of tllc saicl City of i2clcb!aide,

arc unoccupied, and the owirers occupied, a d in re-

re&

out of the I'rovince: AND

such lands will derive increased value :

{

oirl the irnprovclrlerlts effected in thc City at the cost of tlic year, cllargo:tblc wit11
orporatioll: AND it is retlsonable and expedient that tlie owners rates.
lands vhoultl contribute towards the funds which give
creasccl value to their property: BE IT EXACTED, that all tls, tcncinel~ts, and liereditamcilts within the said City, not
ng speciallv exempt, shall bc rated to all rates imposed and levied
er illis 0&inuncc, whether occupied or not, and that in order to

idc more fh1ly for the recovery of rates i11 cases of non-occupancy,

lands, tenements, and hercditaments, in respect of which any

or m y part thereof, shall be duc and unpaid, and remain due

unpaid for the spacc of one year after the s;me shall 11nve be-

Jue and payable, in case no goods liable to distraint in sa-

tion of the amount due up11 the same can be found within the

uce, shall

--. be

-- cllar

cable with the said amount, together with

*,'.

st tllereoll at the rate o five per cent. per annurn, from the day --F

the mid rate, or part thereof became clue and pyable, with all

:hlr costs ancl expenses incurred in thc recovery thereof, and

'hesaid

amounts shall 2 ~ 1 1 ~ 1

rimy be recovered in the Supreme Court of

wince in manner hereinafter provided.
Application to be

11. Aau B,:

E m c ~ e o,

that in any case hcreinbeforc ,

to tl,. Supronlv

lmcntioned Court, sad the said
court order the mentioned, in which any rate, or any part thereof, iinposcd or lerie(l

public auction m aa-

property to ,bs ! ldb~ under this Ordinance, shall remain due, and unpaid, and in arrcai.

tisfaction of tha &~jd for the space of one yew, it shall be lawf~d for the h y o r of the

rates# if inamearand said City, and he is hereby required, within thirty days after tllr cl.

unpaid.

piration of the said space of one year, to cause notice thercof to no owner, or reputed owner known, then to all whom it may concern, describing the premises alludedto in such notice; and that if nitrl such notice as aforesaid, the amount due in respect of any such arrears, with interest, costs, and expenses as aforcsaid, s l d l remain unpaid far the further space of one year, i t shall be larvf~d for the Mayor of thr said City, to make application by petition to the Supreme Court of tile Province, and the said Court, or any Judge thereof, on being satisfiel that such arrears are lawfully clue, and are in arrr%ar, and unpaid, and that the conditions herein prescribed have been fulfilled, s l d l ;urd i: hereby authorized and req&red summarily to adjudge and order sud lands, tenements, and hereditaments, or such part thereof, as nlily bt sufficient to pay the said arrcars of rates with iilterest thereon n t th rate aforesaid, together with the costs of such spplication and cxpense of sale, to be sold By public auction, and the proceeds to be paid intc Court, and the said Court is also hereby authorized, cmpowered,anc required to order payment to the said Corporatioli, oi'the said amount o

or
of the substance of every charge for which a summons shall be	aF

@l

Proviso.

issued: PROVIDED

ALSO, that the Justice, if he shall think fit, mnj

require an information, in writing, to be laid in every case in which

i t shall seem to him expedient, before the matter of the complaint	de
or charge shall be brought before him.	ar
to

Inaccurate

description

CXIX. AKD BE IT ENACTED,

that no misnomer or inaccurate

not to invalidate.

h€

description in this Ordinance, or in any proceeding had or taken in	fo
pursuance of the same, shell in tlnywisc preve~lt or abridge the	P
operation hereof, with respect to the 'subject-matter, provided tht	in
same be designated so as to be understood.	m
re

fioceedings

to be

CXX. AND BE IT ENACTED,

that no Assessment, Order, Warrant

void for want of

form. or affectcdby or other Procecding which shall be made by virtue, or in pup

mi~tclliq

Le. suance, or in execution of this Ordinance, shall be quashed, 01

therein.

deemed to be void or voidable, for want of form, or be impeached a	S]
affected by reason of any mistake, del'cct, or omission therein, pro	01

vided the person or property charged, or intended to be chargc(~,	0'	tl
affected, by any such proceeding, be designated, therein to corrllllu	el

intent and understanding, and such proceeding be in substallCe	0
and effect in conformitay with, or according to, the intent and mealp	0
ing of the said Ordinancc.	n
ti

City Council to haw

CXXI. AND BC IT EXACTED,

that in ease it shall be found that

power to make regoln-	p
tions to enforce rates. sufficient provision is not made in this Ordinance for the Recover)	b

of Rates by Distress, in case of non-payment thereof, or for the	e
costs of levy, and other matters connected therewith the	P
Council of the said City, shall have power to make such 'egu1%	1

tions, as from time to time they may think fit, for enforcing d1

distrcl'!

distress: and sale; for allowing such costs; and for returning thc over-pl~~, if any, and for all other matters connected therewith, not

provided for by this Ordinance:

PROVIDED

ALWAYS that Proviso.

the costs chargeable on any such distress, shall not exceed those

in Schedule I. hereto annexed.

CXXII. AND W I ~ R E

AS, at the first elections to be held after the

Governor may ap-

of this Ordinance, the provisions of this Ordinance 8ide sndpedormother

point pereone to pre-

be corrlplied with, unless certain Officers be appointed to preside

ncccmary functions at

first doctions.

a t such elections, and to exercise all other necessarv functions: BE IT ,, - -
ENACTED, that it shall and may be lawful for t h e Governor of the

Province for the time being, by Warrant under his hand, to

some fit and proper person to preside at each of such elections,

and also to appoint in like manner, such and so many persons as may
be necessary, to perform any of the acts hcreinbefore required to be
done by the Mayor, Aldermen, Assessors, Councillors, Town-clerk,
Collectors, or other Officers, before such Officers can be appointed or elected under the provisions of this Ordinance; and every such
appointment shall be notified in the South Australzcrn Government

CXXIII. AND BE IT ENACTED,

that whenever in consequence of Ifby death or ether-

wise, any officer is pre-
death, absence, or any lawful impediment, it shall not be possible for ventedfrom doing my
any Alderman, or fbr the Town-clerk, or any other officcr or person, matter requireclunder this Ordinance, City

to perform any particular matter or thing which by this Ordinance council to	a
he is directed to perform, i t shall and may be lawful for the Mayor person. for the time beidg, to appoint any other Alderman or person- to
perform the same: and if by reason of death, absence, or any lawful impediment, the Mayor shall be prevented from performing any matter or thing which he may by the provisions of this Ordinance be required to perform, the Council may either perform the same, or by the majority of their voices appoint some other person to perform
1t.

CXXIV. Axn HE IT ENACTED,

that a t any time, in case no Election

Provides for omis-

nion in election of

all be made of the Mayor, or of any of the Alderlnen, Councillars, M

Aldnnnn,,,

other Corporate Officers of the said City, upon the day, or within Calnaillora, adothvi-	officcrs.
e time, appointed by this Ordinance for any such election; or such
etion being made, shall afterwards become void, whether such
ission or voidance shall happen through the officer or officers who

t o preside at such election, or by any accident or other
whatsoever, the Corporation shall not be thereby deemed or
en to be dissolved or disabled from electing such Mayor,
erman, or Councillor, or other Corporate Officer for the future;
in any ewe where no such elcction shall be made as aforesaid, the tion of any such Mayor, Alderman, Councillor, or other Cor-
te Officer, may be held and proceeded with upon the clay next
the day on which such election ought to have been made, unless
such

such day shall happen to be on a Sunday, Christmas-day, or Good.	C
Friday, and then upon the next day following: AND, every am	ee
necessary to be done in order to, and for, the completing suct	:C'
election, shall and may be then done, and the same shall be as effectua	K%
and valid for all purposes, as if the election had been m a d e ol	~i
the proper day appointed for that purpose.	h1
itl

AgtoeleatiOns

CXXV. AND BE IT ENACTED,

that after the commencement of thi;

loc

under xnandsmns .

Ordinance, all the powers, authorities, and jurisdictions,

by an Act 0

parliament of the kleventh Year of the ~ k n n

of His-latk hfaiest;

King GEORGE

THE FIRST,

intituled "An

~c t - fo r Preventing

th;

conveniences arising from the want of Election of Mayors, or other

Chief Magistrates of Boroughs or Corporations, being made upon th,	ns
days appointed by the Charter, or usage for that purpose, and di	317
recting in what manner such Elections should be afterwards made,	i s

given to HER MAJESTY'S

Court of Queen's Bench, in cases whew n

Election shall be made of the Mayor, Bailiff or Bailiffs, or other Chit	(
Officer or Officers of Cities, Boroughs, or Towns corporate, upon th	ha
dby or within the time appointed by Charter or usage for that pm	l0
pose, and that no Election is made pursuant to the Directions i	n t ~
that Act prescribed, or such Election being made shall afterward	'01
become void, as in that Act mentioned, shall, and the same are hereb	'XC
extended to the Supreme Court of the Province of South ,4ustralii	hr
in all cases in which no election shall be made of any Mayo
Alderman, Councillor, or other Corporate Officer, or other persoi
to any Corporate Office, on the day or within the time appointe	l01
for any such election under the provisions of this Ordinance; ,4n	31
such Supreme Court is hereby empowered in all such cases, i	)a1
award a Mandamus, and to cmsc snch proceedings to 1	8
had thereupon, and to make such orders, and to do all other act	B0

matters, and things in respect thereof, as fully and effectually as tl

said Court is now by law authorized in any other cases of Mandamu

thc

for the Election of any Officers of Corporation;

And, the Electio;

:a!

to be held under such Mandamus, shall be held, and the poceedin,	re!
thereon conducted within the said City, in the same manner, and und	Pa
the like Regulations and Provisions, as are in the said Act of His la	[h(

Majesty King GEOROE	THE FIRST	enacted and provided.	Tc
of

~ ~ p l i c a t i o n

to be

cXXVI. AND BE IT ENACTED,

that after the commencement of tE

made to Supreme

rat

c,,,

viWn three Ordinance, every application to any Judge of the Supreme COU]

sai

month. after election,

for the purpose of callingupon any person to shew by what Warrant'

calling

Mayor,

.hor byrh.t

claims to exercise the office of Mayor, Alderman, Councillor, Audit4

Assessor, or Citizen of the said City, shall be made before the end

;;y$$r

shr

Six Calendar Months after the Election, or the time whcn the pers

against whom such application slrall be directed shall have I

come disqualified, and not a t any subsequent time.

Vr 1. AND BE IT ENACTED,

that every meeting or adjourned A ~ Y

thing t o h done

on a Sunday, to be

i t,

.)l d in furtherance of this Ordinance, for the nomination, done on the day fol-

ppointment, swearing in, or admission of any Officer or

for the transaction of any other affair of the Corporation,

or shall be required to be held on a Sunday, Good Friday, or

mas-day, shall be held on the day next ensuing at the like hour,

rm and effect as if the same had beenheld on such Sunday,

Friday, or Christmas-day: PROVIDED

ALWAYS that every per- proviso.

se term of office would, according to this Ordinance, have on any such Sunday, Good Friday, or Christmas-day, shall

in Office, and exercise and enjoy all the powers and privi- nexed or relating to such Office, until, and on such next
ay, in the same manner as if such day had been the cus-
y of nomination, election, appointment, swearing in, or ad-

I (mission.

CXXVIII. PROVIDED

ALWAYS, AND BE IT DECLARED

AND ENACTED,

agE{i:prig:

5. (

t nothing in this Ordinance contained, shall be deemed to limit the her Majesty.
oyal Prerogative, or to affect or to interfere with anyright, title, o r
interest of PIEH MAJESTY, Her Heirs, or Successors, or of any Body
Politic or Corporate, or of any of Her Majesty's Subjects; save and
except such as arc mentioned herein, and thosc claiming by, from,
rough, and under them.

CXXIX. PROVIDED

ALSO,

A N D BX IT DECLARED

AND ENACTED,

that

ordinance may be

eontaine J in this Ordinance, shall at any time be held 'lkred or
to prevent the alteration or repeal of the whole or any whether such repeal or alteration shall take away or
immunities, or privileges of the Corporate
or otherwise.

CXXX. AND BE IT ENACTED,

that it shall and may be lawful for on

pti+,ioo to GOW-

the Governor, with the advice of the Executive Council, on appli- nor anflxecUtiye

Council by two-thirds

cation made by a majority (being not less than two-thirds) of the orthe resident ~ O W -

resident house-holders of any other Town, Village, or Hamlet in this

;

PWinee, to cxtcnd the provisions of this Ordinance, or such of Governor may inmr-
rate the same, b

h m	as may be deemed proper, by Proclamation, to any such other ~OC1a,~, i ,n, ,,l

Town, Village, or IIamlet, with such modifications as to the number certain limitntions, if
Aldermen, Councillors, and other office-bearers of the Corpo- necesmrym
n, and with respect to all other matters, a s shall appear to the
Governor and Executive Council to be best adapted to the size
d population of such other Town, Village, or Hamlet: and by Proclamation to declare the limits withiq which such provisions
11 he in force for such purposes, and to determine the boundaries
he respective Wards (if my) into which the same may be divided.
CXXXI. AND

Provisions of thlJ

CXXXI. AND BE IT ENACTED,

that within every

Ordinance may be

,tended

by procl+

lage, or Hamlet, to which the provisioxls of this O r l i n a ~; ~ ~,

or any

:$on	toothertow9 them, shall be so extended by proclamation, under md\\fieittion

necessary as aforesaid, such provisions shall be applil .&le a

binding, and have the force of law.

Commencement.

CXXXII. AND BE IT ENACTED,

that this Ordinance shall

mence and take effect from and aftcr a day to bc for that p u r p appointed by the Governor, by Proclamation published in the Sou Austrahra Goaernmsnt Gazette; upon the Petition of at least F.
Hundred Ratepayers, rated to any City assessments in force with the City of Adelaicic at the time of such Petition,-representi] among them property rated of the yearly value of Fifteen Thouss Pounds,

H. E. F. YOUNG,

Lieutenant Governor,

Passed the Legislative Council, this
Twenty- fourth day of August, Ons
Thousand Eight Hundred a d Forty-

nine.

W. L. O'HALLORAN,
Clerk of Council.

Vil

'Y 0

n I	SCHEDULE A.
an1

BOUNDARIES OF C I T Y OF ADELAIDE.

The xlerior lourldaries of the Pa rk Lands, as delineated on the Public Maps and

---- -

7

Plans depos~ted

iu the Surbey Office a t Adelaide.

-- - - I--___-

."-

301

1141,

th i~ tin,

m	SCHEDULE 'B.
FIINDNARSK WARD.
l',

The portiotl of the City of Adelaide south of the River Torrens, bounded b y a line drawn through the centre of Flinders Street, and produced both ways until it intersects, towards the west, a line drawn through the centre of Icing Willinm Street, and towards tile east the exterior boundary of the Pa rk Lands; then, from the first-mentioned intersec- tion, in a right line northwards, through tile centre of King William St,reet ulltll it reaches the northern boundary line of North 'Perrace; thence continued eastward, along the sald boundary and the northern side of the road leading to Payneham, until inter- sfcted by the eastern exterior boundary of the Park Ilands, therice southward along the eastern exterior boundary of the same, as far as the poiot formed by the iritersection of
a line through Flinders Street produced.

GAWLEIt

W A R D.

The portion o f the City of Adelaide south of the River Torrens, bounded by a line drawn through the centre of F!'rauklin-street, commencing a t the south-west angle of Hindmarsh Wald, ancl producedurltil it il~tersects, towards the west, the exterior boundary o f l h l: Park Lands; thence fo!lowing the said boundary, to the northward, u n t i l It reaches
the centre of the River Torrens; thence continued eastward, along the centre of the said
River, until it intersects a line drawl1 northward in prolougatioti of the westprn side of Morpliett-street; thence southward along l t ~ said h e, to thc norihern side of Norttl*

terrace; tllet~ce

eastward, along the northern side of North-terrace, to the intersectiou

theri.with of a line thrt.rugll the centre of K i t ~ g William-street,	and	southwjrd a h t l g
that line to the point of cvmluelicerneut.

--

GREY WART).

The portioll of the City of Adelaide south of the River Torrens, bounded on the

W 1 by a line drawn through the centre of Fratiklirl and Flinders-streets, crossing h g William-street, arid continued, both ways, 10 the exterior boundary of the

P a r k

; thence, from these two points of intersection, by the two lines continuedsoizthward,
\vhich fornl !he eastern and wr.estern exterior I)oondary of the Park Lands, unti l they meet
h southern boundary of the Park Lands, wliicli last boundary will form the southern
boundary of the Ward.
ROBE W..\RD.
The portion of the City of Adelaide north of the River Torrens, bounded on the
Sollth by a line dmwn through he centre of the River Torrens throughout its whole
within the exterior borludary of the Pa rk Lands,and bounded in other parts by the boundary of that portion of the Park Lands being to the north of the River

D	Turreos, including thereby the whole of that part of the City known as North Adelaide.
I

SCHEI)ULE U.

THE LIST OF CITIZENS IN

W A R D I N TlIE C'lr;

OF ADELAIDE.

Natu'e Of the

Street, Lane, ur other Place

Christian Name and Surname

in lin this Ward,whete the pro-

of rhlch

he I s

of each person, at full length.

/perty is situated for which

enrolled.	i	Ile is now enrolled.
l

Ashton, Jolrn	Shop	I	No. 23, I-lindley-street
i
Bates, Thomas

(Signed)

Collectors of

Ward,

C. D.

SCHEDULE D.

NOTICE OF CLAIM.

To the Town Clerk of Adelaide.

I hereby give you Notice that I claim to have my name inserted in the
Citizen List of the City of Adelaide ; that I occupy (here describt. the house, wclrel~oust% countin,q-house, or shup then occupied t y claimant) in the City.

Dated this

day of

in the year

(Signed)

JOHN

ALLFN,

of ( Place of abode.)

SCI-IEDULE E.
NOTICE O F OBJECTION.
To tile Town Clerk of Adelaide ( o r to the person objected to, as the case may be. )

I ~ E R E B Y GIVE YOU NOTICE

that I object to the n a m of T h o i n ~ s

Bates, of

111nd1ey-street, in Ward, of the City of Adelaide (Describe the person objected to 0s described in the Citias)t Lisl) being retained on the Citizen List of the City of Adelaide.

Dated the

day of

in the year

(Sigtled)

JOHN

ASKTON,

( l l e r e d o t e the pluoe of

nbod*r

and property for which he
i s s ,id to be enrolled in
the Citizen List.)
SCHEDULE F.
LIST O F CLAIMANTS.
The following persons claim to have their names inserted in the Citizerl List of the

C:ly of Adelaide :-

Christian

name

and i ~ a t u r e

of the Pro-

Situation i f the Pro-

which he has occupied

Surn i~me

of each

perty for which he

perty for which he isany

as stated

Claimant.

is now enrolled.

now enrolled.

in the Claim.

Alien,

John

House

No.

1, ~ ind ley - s t r ee (~nro1 led

ia the last year

tin - Ward (or -, Wards) ,and in the whole

I	iof the preceding year,

I	Ward (or --

I F a G

-5__

(Signed)

A. B., Town Clerk.

SCHEDULE G.

LlS'l' OF L31CtLSONS OBJECTED TO.

?'he

f o l l o u i r ~ ~

pelsons have been objected to, as not being entitled to have their tlarnes

retained on the Citlzerl L i a t of the Cjly of Adelaide :-
Ward (or Wards) i n

Situation of the Pro-

I w h i c h

the Property

Christian name and

Xaturr of the Pro-

perty fur which he is

Surname of each

lerty for which

hesaid to he now inserled.

( for which he is now

person oLjccted to.

is now on the List.

in the Collector's List. /

sald to be entered in the

- -----

List.

Bates, Thomas	I-lcuse	/	Rundle-street	-	1	-	Ward
_ 1 _ - - -

(Sig~ied)

A. B., Town Clerk.

SCHEDULE H.

To A

Collector of Rates for the

the City of Adelaide and his Assistants.

WHEREAS

in an Aswssmelit made, allolved, and puLlished f o ~

the

d i n g

t he

Pay of

pursuant to the Ordinance No.

[here state

the

s u n, b e ~

and title of

ordinnt?cs]

the sejeral persons

named in the Schedule hereunto annexed have been se~era l ly

rated a t the Snrns

per

A n n u ~ n set opposite their respective Names, for the

Rate

of the said City, in tespect of certain Property in the saidmCity	described i n the said
flchedule.

You, the said A

, are hereby nominated and appointed

to be Collector of City Rates, during the pleasure of the Council of the said City,
to levy the anlount of Rates charged in the said Schedule.

And you are here l~y

anthorised and required to make demand of the several S u m s

contained in the said Schedule, in the manner appointed in the said O~dinance

; and ~ p o n

payment thereof to give acquittances; and if such payment shall be refused or temain uncomplied with, for the time mentioned in the said Ordinance, aftcr demand shall habe been duly made, then you are hereby enjoined and required to distrain for the satrte, ac cordirig to the direction) of the said Ordinance, by virtue of this warrant, nlthouc futtllrr authority.

Given undet the hand of the Mayor, and the Seal of the Corporation of

the said C ~ t y,

the

Ilay of

A. n.

(Signature of Mayar.)

SCHEDULE I.

S. d.
For every Levy ................................................ 1 0

For mart, in ~ossession,

each day, not exceeding. ......................... 5 O

For Inventory,

Bale, Conimission, and D e l i ~ e r y of Goods, not exceeding One

Shilling in the Pound on the n e t p-oduce of the Sale.
SCHEDULE J.
GOVERNMENT RESERVES. CITY OF ADELAIDE.
411 that poltion of land included by a line commencing at a point on the North
formed by the intersection of a line drawn in prolongation of the west side of
,phett Street and the north side of the Pu'orth Terrace, thence northward, in prolongs-
,,, of said line. to the centre of the River Torrens, thence along the centre of the said
,,,,to the east, ~u l t i l it meets the eastern bouudary of the Park Lands a t the north-
,I arlgle of Section 256, thence following southward the eastern boundary of the
,,k Lallds to its intersection with the northern side of the road to Payneham-thence elerly along said side of said road to eastern end of north side of North Tercace-
cnce westward along north side of North Terrace to the uoint of commencement.
acres.

~on t a i r~ i l~g

a tout

.. ..

312 0

Also the site of the Cemetery

.. 60 0

Spa1 Station NTest Terrace. .

.. . .. 4 0

Yorth of the River Torrens, Sappe:~ Quarters

1 0

0 2

$ 7

Ptclposed new Signal Station

1 0

- - - - -

- *".L.d

A u t h u r i t j, by C;LOKLI

DFIIANF,

K i n g Willlam

Street, Adelade.