Adelaide Municipal Corporation Act 1852 (SA)

No. 23.

An Act to alter and amend t l e Ordinance, No. l1 of One TIiousnnd

Eight Hundred and Forty-nine, " TO coonst&~te a Municipal

H = *. -!S,

Corporation for the City o f Adelaide." L -- ; L 3 /&@ff-+

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[Assented to 2nd December, 1852.1 X-w- 2 U-- j: 1-- c ~ 4 ~ ~. f - - . - - - W /J

HERELQS an Ordinance was passed by the Governor of the

Province of South Australia, with the advice and consent

of the Legislative Council thereof, bearing date the twentyfourth

day of August, one thousand eight hundrcd and forty-nine, No. 11,

No. 11, 1849.

" To constitute a Municipal Corporation for the City of Adelaide :"

And whereas it is expedient to alter and amend the said recited

Orciinance:

Councillors to be able

Be it therefore Enacted, by the Lieutenant-Governor of South Australia, with the advice and conscnt of the Legislative Council

to read and sign da-

claration.

thereof, That the twelve persons who are in and by the said recited Ordinance directed to be elected at the time and in manner therein- after mentioned, and to be and be called the Councillors of the said City, before being qualified to act as such councillors, shall each read aloud the declaration required to be made by the said recited Act, and shall sign the same by writing their name at full length under such declaration.

2. And be it Enacted, That so much of the said recited Ordi- nance as enacts that every person. duly qualified, who shall he duly

Rcpeal of fine payable

on non-acceptance of

office by Mayor,

elected to the office of Mayor, Alderman, Councillox, Auditor, or

Alderman, Councillor,

Assessor. under the movisions of the said recited Ordinance shall

Auditor, or Assessor.

accept sdch office tdwhich he shall have been elected, or shall, io

lieu thereof, pay to the Corporate Body of the said City a fine of

W 2 not

not less than Twenty-five Pounds, nor more than Fifty Pounds in the case of Alderman, Councillor, Auditor, or Assessor; and a h e of not less than Fifty Pounds, nor more than One Hundred Pounds in the case of Mayor, as the Council of the said City, by a resolution to be made in every such case, shall determine, and such fine, if not duly paid, shall be levied under the warrant of any Justice havig jurisdictim within the said City (who is hereby authorized and required on the application of the Council to i aue the same) by distress and sale of the goods and chattels of the person so refusing to accept office, together with the reasonable costs and expenses of such distress and sale, shall be and the same is hereby

Fine to be payable on repealed; and, in lieu thereof, be it Enacted, That every person

such non-acceptance. duly qualified who shall be duly clccted to the ofice of

Mayor, Alderman, Councillor, Auditor, or Assessor, under the provisions of the said recited Ordinance, shall accept such office to which he shall have been elected, or shall, in lieu thereof, pay to

'c. the Corporate Body of the said City a h e of Fifty Pounds in the case of Alderman, Councillor, Auditor, or Assessor; and a fine of One Hundred Pounds in the case of Mayor.

Fine recoverable by

distress, &c.

3, And be it Enacted, That if any person who shall have become liable under the said recited Ordinance to any fine or penalty by reason of non-acceptance, resignation, or vacation by absence of any Corporate Office, shall neglect to pay such fine or penalty into the hands of the Treasurer of the said City or Corporation, within such time, not exceeding three calendar months, as shall bc fixed by the said Council, then and in every such case it shall be lawfd for the said Treasurer, and he is hereby required under a penalty of Fifty Pounds, in case he neglect or refuse to do so, to make imme- diate application to the Mayor, or some Justice of the Peace, having jurisdiction within the said City, to have such fine or penalty levied under the warrant of such Mayor or Justice (who is hereby required on application of such Treasurer to issue the same), by

distress and sale of the goods and chattels of the person so liable to such fine or penalty as aforesaid, together with the reasonable costs

Proviso that Councjl and expenses of such distress and sale: Provided always, that it

may reduce or remit

fine.	shall be lawful for the Council of the said City, at their discretion, to
reduce the amount of, or altogether to remit, any such fine or
penalty in consequence of any special circun~stances attending such non-acceptance, resignation, or vacation by absence of any Corporate Office, anything in the said recited Ordinance, or in this Act to the contrary notwithstanding,

Zimitinfi expenditure	4.	And be it Enacted,That, anything in the said recited Ordinance
for aalarles, $C., to

rs,ooo muurn to the contrary notwithstanding, in all cases where salaries,

or other pecuniary allowances, are assigned by the said Council

to the Mayor, Town Clerk, Treasurer, or any other offiicer or official persou whomsoevw, to be employed as in the said recited O~dimnce is mentioned, the said psymeut &$l not in any one year

exceed

exceed in the aggregate Two Thouand Pounds of the current

umual city revenue afker providing for the collection thereof.

5. And be it Enacted, That so much of the said recited Ordinance Repcal of proviso re-

as provides that no by-law therein referred to shall be of any force G,,, mor and Legis-	quiring sanction of
until the expiration of forty days after the samc, or a copy thereof	lative Council to by-

sealed with the seal of the Corporation, shall have been hid. before	' laws.
the Governor and Legislative Council of the said Province, at any
Session next ensuing the date of the by-laws, and by the said Governor with the advice and consent of the Council aforesaid, s h d
be then left unaltered; nor until a copy of the same shall have been
in the South Australian Government Gazette for at least one week; and if at any time within the said period of korty days, the Governor with the advice and consent of the Council aforesaid, shall disallow such by-law or any part thereof, such by-law or the part thereof so disallowed shall not come into operation; and that in case o f any such by-laws, it shall be lawful for the mid Governor with the advice and consent of the Council aforesaid, at any time within such forty days as aforesaid, to enlarge as he shall think fit the period within which any such by -laws shall remain inoperative,
and no such bye-law shall come into force until after the expiration
of such enlarged period, shall be, and the same is hereby repealed;

and in "ieu thereof, Be it Enacted, That no such by-law shall be Sanction of Governor

of any force until the expiration of twenty-one days after the same and Executive Count	cil to by -laws.
or a copy thereof, sealed with the seal of the Corporation, shall be sent to the Governor and Executive Council of the said Province, and by the said Governor, with the advice and consent of the Executive Council aforesaid, shall be then left unaltered, nor until a copy of the same shall have been published in the South Australian Government Gazette for at least one week; and if' at
any time within the period of twenty-one days, the Governor, with
the advice and consent of the Executive Council aforesaid, shall disallow such by-law, or any part thereof, such by-law, or the part thereof, so disallowed shall not come into operation: Provided,
likewise, that in the case of any such by-laws it shall be lawful for	said Governor with the advice and consent of the Executive
Council aforesaid, at any time within such twenty-one days as aforesaid, to enlarge as he shall think fit the period within which any MU& by-laws shall remain inoperative; and no such by-law shall come into force until after thc expiration of such enlarged period.

6. And be it Enacted, That so much of the said recited Ordi- summons to attencl

nance as provides that in every case a summons to attend the busincesto be done.	Council not to specify
Council shall specify the business proposed to be transacted at such meeting, and that no business shall be transacted at such meeting other than is specified in such notice, shall be and the same is bereby repealed.

7. And be it Enacted, That all the provisions in the said herein- Certain provisions of No. 1 1 of 1849, to

before apply to ,hi, A,,

before recited Ordinance not hereby repealed shall be applicable and shall apply to the provisions of this present Act so far as they are consistent therewith, and in the same manner, and to the same extent as if the provisions of this present Act had been contained in the said recited Ordinance in lieu of those hercby repealed.

JOHN MORPHETT, Speaker,

Passed the Legislative Council this 3 r d day of

December, one thousand ezght hundred and

Sfty-two.

F. C. SINGLETON,

Clerk of the Legislative Council.

.L

In the name and on the behalf of IIcr Majcsty I assent to this Act.

H. E. F. YOUNG,

Lieutenant-Governor.

Government House, Adelaide,

2nd December, 1852.

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ADELAIDE: Printed by authority, by W. C. COX, Gorernmeut Printer, Victoria-square.