Adelaide Municipal Corporation Act 1854 (SA)
No. 23.
may |
be after thc passing of this .?et, to c;;lrsc to
h madeand comldctcd n it, piecinctaEurvep of the area
v itllinthe C'ity, a i d of t l i ~ p~ecilicts ~llcrcof'whiclr they may &cm nccosary
to include in slwh survey, anda map or maps thereof, 011 such ~ e a l e or respcliwwales, andwith such indica-
tions of the surface h - c l s thcrcof, as they sl~all | think expedient; | and And mwthcrrof, in- |
the Council nmy cause anch
ninp or maps, or any part or perts thereof, to be from time to time copied or cngmved, and publidwd as theymay think proper; and shall, from tinre to time, cause such map or
maps to
be revised, andsuch ~dditions madethereto, as may show the
new |
h d s h d g dter-
new streets, courts, alleys, buildings, or other alterations within the | |
said limits or precincts, and the date of revision shall be expressed in such revised map or maps, and every such map shall be kept in the | |
office of the Town Clerk, and the same, or a copy thereof, shall be |
open, at all reasonable times, to the inspection of the owners or oceu- piers of any land or house, or other building within the City. |
divert, turn, or extend, any new or other street, court, alley, or pub- |
purposes, | |
the Council may, with and subject to the powers, provisions, and rcst~ictions hcrciuafter contained, enter upon, takc, purchase, and
rsnds, | hold all such rnessuages, lands, tenements, and hereditaments, of any tenure as may be necessary for effecting the same. |
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to set forth in writing, addressed to such C'ouncil or thc Town Clerk,within thirty days from the first publication of such notice, any objections to such opening, making, altering, widening, diverting,
estimate, shall be open to inspection, at all convenient times, for | turning, or extending, and such map, plan, book of reference, and |
public information, from the publication of the said notice. |
Persona affected by
piration of slrch thir t ,~ | days as aforesaid, it shall be competent for | |
cornoil, dkr notice any person who shall be affected by any such proposed opening,
expires. making, altering, widening, diverting, turning, or extending, andwho shall have set forth, in writing, his objections as aforesaid, to
appear before the Council, andbe heard in support of such objection.
5. If, after expiration of such term, and thecdue consideration of |
to |
appear |
said work, either in whole or in part, the Council shall m& | an order |
council. |
deem
deem expedient to be executed according to such plan and estimate,as aforesaid, and shall cause such order to be transmitted along with
such written objections, if any, for the consideration of the Local Court of Adelaide of full jurisdiction, and it shall be lawful for the said Local Cnurt, to confirm such order, by notice published in
the Soz&
Australiczn Gocernment Gazette,
G. The following clauses of the " Lands Clauses Consolidation Act" shall be, and the same arc hereby, incorporated with this Act, | ||
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that is to say-With | respect to the purchase of la~ids | by agreement, | J |
the clauses nuinbered respectively from 6 to 9, both inclusive, and | |
the clauses numbered respectively from 12 to 14, both inclusive: | |
And, with respect to the purchase and taking of lands otherwise than | |
by agreement, the clauses ilunhererl respectively from 18 to 68, both | |
incl~~sive: And, with respect to the purchase-money or corrlpensatioiz coming to parties having limited interests, or prevented from treating, | |
or not making a title, thc clai~ses | nnmbered reap~ctively | from 69 to |
80, both inclusive: Ancl, with respect to the conveyancc of land, thc | + - | |
clauses nuinbered respcctively from 81 to | ||
with respect to the entry on lands by the promoters of the under- | Entry. | |
taking, thc clauscs nurnberecl respectively from 84 to 92, both in- | ||
clusive: And, with rcspcct to small portions of intersected land, the |
clauses numbered res~xctivelv |
subject to mortgage, the clauses nun~bered | respectively from 95 to |
101, both inclusive: And, with respect to lands subject to leases, the
Lanb under lease. clauses numbered respectively from
1 06 to 110, both inclusive: And
with rcspipcrt to int~rcsts | in lands which havc, by mistake, been omitted ~~~~,",$~~,"," |
to be purchased, the clauses numbercd respectively |
And, mith respect to lands | acquired | bv the promoters of | the under- |
taking under the provisions of thin ~ c t, - o r of the said " Lands Clauses Consolidation Act," or of the recited Ordinance, but which shall not
be required for the purposes thereof, thc clauses numbered res-
pectively from 114 to 119, both inclusive, and the clauscs numbered
respectively 121 and
122 : And, mith respect to the recovery ofRecovery offor-
forfeitures, penalties, and costs, the clauses numbered respectively |
from
123 to 135, both inclusive.
7. No street or alley shall be formed within the City unless suchwidth of stfeeb and
street bc of the width of forty feet at least, and such alley of the |
width of twenty feet at least, from front to front, in cvcry part thereof
pecti~O'r* respectively; the width of every such street and alley to be ascer-
tained by measuring at right angles to the course thereof, from front |
to front of the buildings on each side of such street or alley; and every such alley shall havc two entrances thereto, each being at the least of the full width of the alley, md one at the least open from the ground upwards; and anv person offending against the provisions | |
hereof, either as respects the width or entrances of |
less |
than eight feet wide, nuisance: Provided always, that all alley
S or passages now inex&
to be secured by turn- istence, of less than eight feet in width, shall be properly secured at
atilca, &o. their entrances, at the expense of the adjoining proprietors, by posts,with cross top rails, or turnstiles, to securc them from the intrusion
of horses and cattle.
Council may order the
owners of private | 8. Where any street, court, or alley, within the City, is or shall |
strecta, | be formed or set out, and is or shall be in any way encumbered or |
obstructed by any privy, dustbin, pigsty, or other erection or thing, | |
and shall not be sufficiently freed from such encumbrance or obb | |
struction, and paved, flagged, macadamized, levelled, and sewered, or otherwise completed or repaired to the satisfaction of the Council, it shall be lawful for the Council, at any time, ancl from time to time, after this Act shall have come into operation, by any writing under 'the hand of the Mayor or Town Clerk respectively, to order that any such street, court, or alley, or any part thereof, shall be freed from encurnbrancc or obstruction, paved, flagged, macadamized, levelled, and sewered, or otherwise completed or repaired, in such manner and within such time as to the Council may appear expedient; and there- upon the owners of the tenements adjoining or abutting upon such street, court, or alley, on each side thereof, shall, in such manner and within such time as shall be expressed in such order, at their respective costs, charges, and expenses, remove all cncurnbrances or obstructions therefrom, and well and sufficiently pave, flag, macadamize, level, sewer, or otherwise complete or repair so much of the said street, court, or alley, to the centre thereof, as may be opposite to and CO- extensive with their respective tenements, adjoining or abutting on such street, court, or alley. | |
n~memfaatOeffect |
such repairs within the | 9. If any such omners shall neglect or omit to remove the said |
time appointed, the | encumbran~m | or obstructions, and pave, flag, macadamize, level, and |
repairs to be made at | sewer, or otherwise complete or repair such street, court, or alley, in |
the mariner and within the time expressed in the said order, it shall |
owners; and may re- |
be lawful for the Council to remove all such encumbrances or ob- |
structions therefrom, and to pave, flag, macadamize, level, sewer, and ot1)~rwise complete or repair the same, or such parts thereof as shall not )rave been so done pursuant to the | ||
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10. Where
Council empowered C
street, court, or alley within the City, is not now, or at any time | |
hereafter shall not be sufficiently fenced or otherwise enclosed to the | |
satisfaction of the Council, it shall be lawful for thc Council at any | |
time, and frorn time to time, after this Act shall have come into | |
operation, by any writing under the hand of the Mayor or Town | |
Clerk, as aforesaid, to order that any such occupied or unoccupied | |
land shall, so far | |
street, court, or alley, be well and srlfficiently fenced or enclosed with | |
in each panel, the lower of-such rails being not less than one foot or | |
more than cightccn inches | |
or more than three feet ancl six inches from thc upper of such rails, | |
and in | |
appear expedient, and thereupon the owner of the said land shall i6 |
such manner and within such time as shall be expressed in such | * |
order at his costs, clrarges, and expenses, well and sufficiently fence and enclose, in manner aforesaid, or with some other substantial fence, to the satisfaction of the Council, so much of the said land as shall abut upon any such street, court, or alley. |
enclose any such land last aforesaid, in the manner and within the fen,, h,
time expressed in such ordcr, it shall be lawful for the Council so to
fence and enclose such land, or such parts thereof, as shall not have
been fenccd and cnclosed pursuant to the said order, and to ascertain,
determine, and charge the owncr thereof with the costs, charges, and
expenses thereby incurred, according to and coextensive with his
land abutting on such street, court, or alley, and to cause an account
the ex-
of the proportionate arnoimt of the costs so ascertained to be left at h d | |
the buildings, tenements, or upon the larlds or othcr property of such owncr, and by writing under the hand of the Mayor or Town Clerk, as aforesaid, to order thc payment of such proportionate amount by such owner to the Treasurer. |
width, form. materials, and mode of construction of crossing-places | across the footways of the City, and in like inaIrmr to vary the same rnals, over | |||
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any premises com~nnnicating with such crossing-place, the Council | ||||
shall construct such crossing-place, or came or permit the same to be | ||||
constructed, ancl the costs thereof, | ||||
same, shall be paid in ratcable proportions by the owners or occu- | ||||
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or Town Clerk, as aforesaid, to order the payment of such proportion by such owners respectively to the Treasurer. |
any |
piers of the adjoining premises communicating therewith have not applied for the making or repairing of the same, it shall be lawf112 for the Council, by any writing undcr the hand of the Nayor or |
of | by writing under the hand of the h l a p r or Tomm Olcrli as aforesaid, |
expenses.
Repeal | to order the payment of such proportionate ainount by such owner |
and 8 to the Treawrer: | Provided always, thnt so much of an Orclinance, |
Viet., | 9, inflicting nassed bv the Governor of the said Province, with tlw advice str-rd |
penalty on trespass by | consent Gf | the Legislative C'onncil thcrcof. bn thc s ~ r c n t h | day of |
vehioleu or animals |
on | Sentembcr. one thousand cizht hni~tlreci ancl forty-four. intituled. |
b n O r d i k r e for | regolatiGg | the | Foliec | in | south ~ n & i l i a, " |
enacts that ' t h y pcrson who sllall run, roll, driw, dram, place, or cause, permit, or suff'er to be run, rollccl, driven, drawn, or placed upon any of the said footways of any street or public place within the said City, m y waggon, cart, d ~ y, dcdge, or ~ t l l t r carriaye, or anv wheel, whcrlbamow, handbarrow, or t ~ u c k, or any hogshead,
cask, or barrel. or shall wilf'rdly lead, drive, or ride, ant- horse, ass, mule, or other beast, upon any -of the footways aforesaid (otherwise&.
&ceedino | Forty | ~ l l i l l i l l ~ s | mlr less than Fire Shillings," shall be, and |
".
the same IS, hereby repi lcd, in so filr | to be |
nlade and cst;thlishcd in parsl~nncc | of the prorisions lierein contained, |
and that so ml~cll | of t ! ~ | snmc cilact111~1lt | as7 in | rt.f~~sence | to the said |
footways, iilc'ludes the ' i v ~ r d ~ '' otllawise than by crossing the same for $ny necessary purpose," shall be, and the same is, hereby abso- lutely repealed.
14. Every person intending to erect or take down any building within the City, or t,o cause the same to be so done, or 'to alter or r c p ~ i r the outward part of any such building, or to cause the same to bc so done, where any street, court, alley, or footway, will be oh~tmcted or rcnd~red inconrenicnt by rnran; of such work, shall, before beginning the same, cause sufficient hoards or frnces to be pat up, in order to separate the buildiilg where SLIC'EL works are being carried on? from such street, court, or alley, with a convenient plat- form and hand rail, if thcre bc room enough, to lcavc | |
bc set up during rc-
standing Btanding and in good condition, to the satisfaction of the Surveyor,
- during such time as the public safety or convenience requires, and shall, in all cases in which it is necessary, in irder to prevent acci- dent,' cause the same to be sufficiently lighted during the night, and$; ~ ~ ~, P ~ ~ Q ~ ~ every such person who shall fail to put up such fences, or hoards, or platiorm, with such handrail as af&resai& or to continue the same respectively standing and in good condition, during such time, as aforesaid, or who s6all not, whde thc said hoards or fhces are stand- ing, keep the same sufficiently lighted in the night, or who shall not remove the same when directed by the Surveyor, or within a reason-
able time afterwards, shall, for every such offence, be liable to a
penalty not less than Five Pounds, and to
a further penalty notpenaltg.fornegled. exceeding Forty Shillings nor less than Ten Shillings for every day
while such default is continued.
15. When any building materials, rubbish, or othcr things are laid,
~ $ ~ C ", & ~ ! ~ d or any hole or excavation made in any such strcet, court, or alley, the budding materials
person causing such materials or other things to be so laid, or such
~ ~ f " ~ ~ ~ $ ~ ) hole or excavation to be made, whether by order of the Council or
not, shall, at his own expense, cause a sufficient light to be fixed in
a proper place upon or near the same, and shall continue such light
every night from sun-setting to sun-rising while such materials, or other things, hole or excavation shall remain, and such person shall, at his own expense, cause such materials or other things, and such hole or excavation to be sufficiently fenced and cnclosecl until such materials or othcr things are removed, or thc hole or excavation filled np or otherwise ~nade secure; and every such person who shall fail so to light
such fence, or to enclose such materials or other things, or such holeor excavation shall, for every such offence, be liable to a penalty not exceeding Five Pounds nor less than Forty Shillings, and to a fur- ther penalty not exceeding Forty Shillings nor less than Ten Shillings for every day whilc such default is continued.
16. In no case shall any such building materials or other things, Pcnnltyfor continuing
or such hole or excavation be allowed to remain for an unnecessary | deposit of building |
or |
length of time under a penalty not exceeding F~T-e | Pounds nor less |
timo. than Forty Shillings, to be paid for every such offence by the person such'offence is continued after thc conviction of such off'ence, and, in
who shall cause such materials or other thiugs to be laid, or such
hole 01- ~vcavation to be made, and a furtller penalty not exceeding
any such case, the question as to what is an unnecessary length of
time shall be deterniined by the Justice of the Peace by whom the
same shall be heard.
be repaired or enclosed |
be, for want of sufficient repairs, protection, or enclosure, dangerous ,, |
to persons passing or liable to pass near such building, well, hole, ex-
expense of thc owner. cavation, or other place, whether by night or by day, the Council, or some person to be appointed by them in that behalf, shall cause the
fame to be repaired, protected, enclosed, covered, or filled in, so asto
prevent danger therefrom,
and the expenses of such repair, protec. tion, enclosure, covering, or filling in shall be paid to the Treasurerby the owner of the building, well, hole, excavation, or other place,
so repaired, protected, enclosed, covered, or filled in, upon the order |
of the Council, by writing under the hand of the Mayor or Town Clerk, | |
18. If any building or wall, or anything affixed thereon, within |
the City be deemed by the Surveyor to be in a ruinous state or dan- | |
gerous to passengers or to the occupiers of the neighboring buildings, | |
such Surveyor shall imniecliately cause a proper hoard or fence to be | |
put up for the protection of such occnpicrs or passengers, and shall | |
cause notice, in writing, to be given to the owner of such building or | |
at his usual place of abode, and shall also cause suih notice to he put on the door or other conspicuous part of the said premises, or other- wise to be given to the occupier thereof, if any, by lravirrg the same on the premises, requiring such owner or occupirr fo,-thwlth to take down, secure or repair such building, wall, or other thing, as the case | |
shall require, and if such owner or occupier do not begin to repair, | |
take down, or secure such building, wall, or other thing, within the | |
space of three days aftcr any such notice has hem so given or put up | |
as aforesaid and complete such repairs, or taking down or securing as speedily as the nature of the case will admit, the Sun eyor may make complaint thereof before any Justice of the I'cacc, a d it | |
in such manner as shall b i requisite. irnd all the expenses of putting | |
up suth hoard or fence, and of taking clown, repairing, rebuilding, | |
or securing such building, mall, or other thing, shall be paid by the owner or occupier thereof to the Treasurer,upon the order of the Council, by writing under the hand of the Mayor, or Town |
19. If any such building, wall, or ot l l~s | thing as aforcsaid, or any |
ruinous |
bui~ingrpulloddurn, part of the same be pulled down by virtue of the po~vcrs aforesaid,
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thing, and the Council shall render any surplus arising from such
sale to the owner of such building, wall, or other thing, on demand;
nevertheless, the Council, although they may sell such materials for
the
the purposes aforesaid, shall have the same remedies for compellihg the payment of so much and such part of the said expenses asmay remain due aftcr the application of the proceeds of such sale asare herein given to them for conipelling the p a p c n t of the whole of the said expenses.20. Three days, at the least, before beginning to dig or lay out Notice of buildingor
the foundation of or for any new house, or other building, or; ; ~ ~ f ~ ~ ~; ; ~ ~ f ~ e i ~
to rebuild any house or other building within the City, the personlar or lowestfloor, intending so to build, or rebuild, sl~all give to the surveyor
"t'lation &C., to beOfpriVie" given t o
of the cellar or lowest floor, and the situation and construction | written notice thereof, together with the lcw1 or intended levels city |
of the privies and cesspools to be built, constructed, or used in con- | |
nection with such house, or other building; and it shall not be lawful to begin to build, or rebuild ;tnF such house, or otlwr building? or to build or construct any such privy or ccsspool until the particulars | |
is hereby required to signify his approbation or disapprobation of the | |
same, within the space of three days aftcr ~ccciving such notice, without fee; and iir default of such notice, or if any such house, or other building, privy or cesspool, be built, rebuilt, or constructed, as aforesaid, without such approval, the offender shall bc liable to a penalty not less than Ten Founds, nor cxcecding 'l'wenty | |
aforesaid; and in d~f'mlt of payment thereof for seven days after | |
demand madc by thc Council, or'thcir duly authorized agent, for the payment thcrcof, the said expenses, together with the said penalty, shall and may be lcvicd and rccnvrred by distress and sale of the goods and chattcls of such offmder, tog-&er with the costs of such distress. |
the City to be watered, and they arc hereby authorized to hire and | strceta at the |
employ the necessary number of men, horses, and matcr-carts for that pnrpose, and to make and impose upon the inhabitants of such street, a rate, to bc callcd the watering rate, sufficient to cover the expenses of the same; and thc Cound shall, for the purpose of collecting, raising, and levying such watering rates, proceed in the same manner, and ham and exercise the same powers and remedies as arc hc~einafter provided for collecting, lcvying, and enforcing |
sewer rate to be made by virtue of this | . |
streets and |
surface chins within the City to bc, from time to kme, |
swept and cleansed, and all dust and filth of every sort found thereon, ashes, | moved |
to be collcct,ed and removed; and s1dl causc a11 dust, ashes, and h,,,,,
rubbish to be carried away from the dwelling-houses or othcr build-
ings and premises in the City at convenicnt hours and times;
and
shall |
W1 cause the privies
and cesspools within the City to be, from timeto time. emptied and cleansed in a sufficient and proper manner: .-.
OecupierrnaY | keep | provided alGays, that the occupier of any such house, building, or |
promises, | premises may keep and remove any night-soil, ashes, or rubbish as |
manwe* | a |
shall be made on his own premises and shall be kept as manure, so that the same be not a nuisance to the inllahitants residing near such premises, and that the same be rrmo\-ed at such times &d in such manner as shall be approved of by the C'ouncil. | |
erected by the |
council. | of moveable or fixed dust boxes or other conreniences, wherein dust | |
and ashes may be deposited until re~novcd and carried away, to be | ||
provided and placed in such of the streets within the City as they shall judge necessary, and may require the occupiers of dwelling-houses or other buildings or premises, within such streets to cause all their dust and ashes to bc deposited daily in thc said dust boxes or other conveniences, and every person nllo, after such dust boxes or conwniences shall have bccn so pro^-iciecl, shall deposit, or | ||
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Penalty for depositing such dust boxes, shall, for every such offence, forfeit and pay a sum | dust or ashes except | |
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provide
lands, |
o f ~ o i l | and matwink, | for the deposit of the night soil, dung, ashes, and otlwr filth and rub- |
"nd for builbg | bish to be collected under the authority of this Act, and for stabling | |
stabling. | ||
and keeping all horses, cattle, implements, and other things rrquired for the purposes of this Act; and for any of such purposes the Coun- cil may take and purcllasc or hire any lands or buildings by them considered necessary, or they may cause | ||
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to belong to | Dusty |
the streets, houses, privies, sewcrs, cesspools, or elsewhere within the City shall be the property of the Council,
and they shall have the
power to sell and dispose of the same as they think proper, and the moneys arising from the sale thereof shall be applied in aid of the City Fund. |
a~ |
point or contract |
scavengers, or contract with any person or persons, for sweeping, cleansing, and watering the streets, and for removing,aJI dust, ashes, filth, | |
sufiicieatly
sufficiently execute all such works and duties as they may have re- spectively contracted or bccn employed to perform, and every such
contractor who shall fail to sweep, and properly cleanse or water, or | who shall fail to clcan out and empty any privy, cesspool, or sewer |
which he may have contracted to clean out and empty, at the time and in the manner prescribed by the Council, or ,to collect or remove any dust, ashes, filth, or rubbish which he may have contracted to remove, at the time and in the manner prescribed by the Council for that purpose, or who shall lay any night-soil, dust, ashes, filth, or rubbish in any other place than such as is appointed by the Council for that purpose, shall, for every such offence, be liable to a penalty not less than One Pound nor exceeding Ten Pounds. |
27. Every occupier of any building or land within the limits ofPenaltgforab~-- the City, and every other person who shall refuse to permit the said
ing sCaVengerp. scavengers to remove such dust, ashes, filth or rubbish, as by this Act
they are authorized to do, or who shall obstruct the said scavengers
in the performance of their duty, shall, for every such offcnce, be
liable to a pendty not less than One Pound nor exceeding Five
Pounds.
28. Every person other than the person employed by the Council,
Penalty on persons
other than |
collect or carry away any night-soil, dust, ashes, filth, or rubbish, by &c.
this Act directed to be removed by persons employed by thecouncil,
from any street within the City, shall, for every such offence, be liable
to a penalty not less than Five Shillings nor exceeding One Pound.
29. Whosoever shall suffer any waste or impure water, or other | .P |
matter, to remain in any cellaru or place witLin any building or |
~remises | in the Citv. for tmentv-four hours after written notice to him | or |
."
hom any Inspector of ~uisancks | to remove the sane, and whosoever &o, |
shall allow any waste or impure water, or other matter, to run or flow from any such building or premises, upon, or over, or be on any
carriage or footway, or other place, whether public or private, within the City, or shall allow the contents of' any water-closet, privy, or | cesspool, to overflow or to soak therefrom, so as to be offensive, shall |
for every such offence be liable to a penalty, not less than Twenty Shillings, nor exceeding Forty Shillings, and to a further penalty of Twenty Shillings for every day during any part of which the offence is continued; and the Council shall abate, or | |
or premises for that purpose, and the expense incurred by them in | |
for such |
practitioners, it ~ h d |
thereof, or thepremises occupied in connection therewith, within the City, or the precincts thereof, is in such a filthy or unwholesome condition, that the health of any person is or may be liable to be affected or endangered thereby, so that thc whitewashing, cleansing, or purifiing of any building, or part thereof, or the premises occupiedin connection therewith. would tend to prevent or check infectious
or contagions disease, thk Council shall gfive notice in writing to the owner or occupier of such building, or part thereof, or the premises occupied in connection therewith, to whitewash, cleanse, or purify the same, as tire case may require, and if the person to whom such notice is so @\-en shall fail to comply therewith within such time as shall be specified in the said notice, he shall be liable to a penalty, not less than Ten Shillings, for every day during which he continues to make default, and the Council shall, if they shall think fit, cause such building, or part thereof, or the prernises occupied in connection therewith, to be whitewashed, cleansed, or purified, and for such purpose shall have powcr to enter the same, and the expense incurred by them in so doing shall be paid by the owner or occupier to the Treasurer, upon the order of the Council by writing, undcr the hand of the Mayor or Town Clerk, as aforesaid, for such payment.
Whenever it shall be made to appear, on oath, to the satisfaction |
wt~rrant | authorizing |
oEcer of Council, | of any Justice of the Peace, that there is rcasonable ground |
to enter premises and | believing that any building, or part thereof, or the premises occupied |
and |
condition thereof. | therewith as is hereillbefore mentioned, within the City, is in a filthy or unwholesome condition, it shall bc lawful for such Justice to grant |
a warrqnt lmdcr his hand, authorizing any officer of the Council, | |
Inspector of Slaughter-houses, or Inspector of Nuisances, or Irzspcctor of Police, with such assistance as may be necessary, aad accompanied | |
by such medical practitioncrs as aforesaid, to enter, in the day-time, | |
into such building, or part thereof, or the premises occupied therewith as aforesaid, and to view the same, and the state and condition thereof. | |
Corporation aorc to |
vest in Council, who |
Ordinance or any Act of the said Province notwithstanding, the one- |
of for not exceeding |
acre section of town land numbered | |
and it shall be lawful for the Council, from time to time, | |
and at all times hereafter, to demise or lease | |
And all other | demise or lease all or any other lands, tenements, or hcreditaments |
which may for the time being be vested in the said Corporation, or any part thereof, and to enter into any covenant, contract, or agree- ment (except in the cases hereinafter mentioned), for demising or leasing any such lands, tenements, or hereditaments, or any part or |
pursuance
pursuance of a previous agreement, then from the time when such
agreement shall have been entered into; and also, from time to time, ~ | ~ | ~ | f | ~ | ~ | ~ | $ | , |
F
and at all times hereafter, in like manner, to demise or lease, and to | /' |
enter into any covenant, contract, or agreement (except in thc cases hereinafter mentioned), for demising or leasing all or any part | |
Provided, nevertheless, that, in every case in which the said Council | Council shall appear reasonable, without taking any fine for the same: |
thirty years, or upon different, terms and conditions than those herein- l,,,e,d cil, may grant | shall deem it expedient to demise or lease, for a longer term than |
before mentioned, all or any part or parts of thc said oac-acre section of town land, or any other, the lands, tenements, or hereditaments aforesaid, it shall be lawful for the Council to represent the circurn- stances- of the case to the said Governor and Executive Council; and it shall be lawfill for the Council, with the approbation of the said Governor and Exccutivc Comcil, to dcmise a d leasc all or any part or parts of the said one-acre scction of town land, or other the iahds, tenements, or herectitarnent,~ aforesaid, in such manner and on such terms and conditions as shall be approved of by the said Governor | |
and Executive Council. |
for Public Baths and Wash-honses, and as to such wash-houscs either |
-- |
with or without open Drying Grounds, and rnalic any opcn Bathing | open J3atGg |
Places, and convert any buildings into Public Baths and Wash-houses within the City, and &ay from time to time alter, enlarge, repair, and improve the same respectively; and fit up, furnish, and supply the same respectively with all requisite water, light, furniture, fittings, and conveniences.
34. For the purpose of erecting, supplying, and maintaining suchCouncil may b0110~ Baths, Wash-houses, and open Bathing Places as bereinbefore provided,
it shall be lawful for the Council from time to time to borrow on the
crcdit of the said Corporation, and of the rates, rents, revenues, or
other property thereof; real or personal, or any of them, or any part or | l |
parts thereof respectively, already or tc, be hereafter dcrived bv virtue | - | |
any sum or sums of money not exceeding the sum of Ten Thousand | ||
Pounds in the whole, and |
other |
other property,
or any of them, or anypart or parts thereof respectively, as may be necessary as a security for any sum of money so to be bor- rowed, with interest to the person who shall advance the same;
But
Government.
stated, and the said deed shall be under the common seal of the Mayor, |
L ' | Aldermen, Councillors, and Citizens of the City, and |
form in the fichedule to this Act anaexcd marked A, or to the like effect. | |
right and interest therein to any other person, and every such transfer |
1 may be according to the form in the Schedule to this Act annexed,
marked B, or to the like effect. | |
interest of the money borrowed thereupon shall be paid half-ycarly | |
by the Treasurer to the sevcral parties cntitled thercto. |
the | ||
by reason of the priority of any such mortgage; and every transfer | ||
as aforesaid shall, within thirty days after the date thereof', be pro- duced to the Town Clerk, who shall causc a mcmorial to be made thereof, in like manncr as the original mortgages are hereinbefore | ||
| ||
every such entry madc of such transfer shall from thenceforth entitle every such assignee, his executors, administrdtors, or assigns to the full benefit of the original mortgage, and it shall not from thencc- forth be in the power of any person who shall have made such as- signment, to make void, release, or discharge the original mortgage, or any money thereby secured, or any part thereof. | ||
make and levy~uths 39.. And further, for the purpose of erecting, supplying, and
hereinbefore provided, i t shall be lawful for the Council in aid of the income to arise from such Baths, and Wash-houses, and open Bathing Places, once in every year to make, declare, and levy one equal rate, to be called the Baths and Wash-houses Rate, and which shall be so made according to, but shall not exceed the sum of |
Threcpcnce
Threepence in the Pound upon, the last valuation or assessment for
the t,ime beiug acted upon in making the City Rate, under and by
virtue of the said-recited Ordinance, and the Council and every Collcctor or other person to be appointed by them in that behalf shall, for the purpose of collecting, levying, and enforcing suck Baths and Wash-houses Rate, proceed in the same manner, and have and exercise the same powers and remedies by distress or otherwise ss are in and by the recited Ordinance provided and given for collecting, levying, and enforcing the City Rates thereunder, in respect of lands, tenements, and hereditaments occupied or unoc- cupied, as the case may be.
Baths and Wash-
40. The moneys arising from such Baths and Wash-houses Rates | houses Ratee and |
as hereinbefore provided, and the income arising from such Baths | income thcrefrom to |
he paid to credit | |
and Wash-houses and open Bathing Places shall be paid to the | City Fund, |
credit of the City Fund, and the Council shall keep distinct accounts | And distinct |
of their receipts, payments, credits, and liabilities, with reference to | kept. |
such Baths, and Wash-houses, and open Bathing Places, to be called the Baths and Wash-houses account, and such accounts, with the |
books relating thereto, shall at all times be open to the inspection of
open toinspection. the Mayor or any of the Aldermen or Councillors of the City, and
shall be examined and audited by the persons, and at the times, and Auditedandpublished.
be signed, printed, and published, and the copy thereof be open to
inspection, and copies thereof be delivered to all the ratepayers
of such City, and all mortgagees and other creditors in respect of-
such Baths and Wash-houses applying for the same, in lilrc manner,
or as near thereto as conveniently may be, as in the recited Ordinance
is enacted and provided in respect of the gcneral accounts relating
to the City Fund of the said City; and further, an account of a11
moneys reccived and expended in respect of such Baths,Wash-houses,
and oicn Dathing lac& shall nnnuaily he laid before the Legislature
~; ~ ~ ~ e ~ e ? $ &
for the time being of | the said Province, signed, and at such pcriod, |
and specifying the | in like manner, or as | . - |
near thcreto as conveniently may be, as in the recited Ordinance is for the purposes of such Ordinance. enacted and provided, in respect of moneys received and expended | 41. Itl order to discharge the principal moncy bovrowcd as afore- Moneyborrowed to be | paid off i n a limited |
said on security, the Council shall every year appropriate and set time, by means
of a nually as shall be equal, at the least, to five per cent. on the money
apart, out of the moneys then standing to the credit of the Baths and s i d i w fund.
- borrowed, as a sinking fund, to be applied in paying off the re- spective principal moneys so borrowed; and shall, from time to time,
cause such sinking fund to be invested in Government securities, To be invcsted in | Government securities |
and to be increased by ncclmulation in the way of compound in- |
tesest or otherwise, until the same respectively shall be of sugcient | estate. |
amount to pay off the principal moneys respectively to which such sinking fund shall be applicable, or some part thereof which the Council may think fit then to pay off, at which time the same shall be so appliid in paying off |
n ~ i h * ~ f g t e n d d
Baths and Wash- 42. The Council shall not proceed toerect, or to convert any
hauses tobe deposited buildings into, such Public Baths or Wash-houses, or make any such'"
Office """for inspection. open Bathing Places until they shall have caused to he deposited in the office of the Town Clerk, plans, estimates, specifications, and conditions, and such other particulars as may show the locality, elevation, internal arrangements, admcasurcmcnts, and cost of such proposed erection or convcrsion, and shall havc givcn notice by advertisement once in theSouth AustralianGovemmemt Gazette, and in each newspaper published in the City, calling upon all rate- payers or others desirous of so doing to inspect; the said plans, estimates, specifications, conditions, and particulars as so deposited, at all convenient times within thirty days after the publication of such notice, and during which period the same shall continue so deposited accordingly: Provided, that snch Baths or Wash-houses are not erected on the Park Lands of the City of Adelaide.
unnecessary or too | Places shall be determined by the Council to be unnecessary, or too |
th, , | , |
be sold, and the pro- expensive to be kept up, the Council, with the approval of the
ceeds paid to the City
fund. | Governor and Executive Council, may sell the same for the best price that can be reasonably obtained Sor the same, and the Nayor, Aldermen, Councillors, and' Citizens shall convey the same accord- ingly, or the Council way, in their discretion, take down and remove |
' or discontinue such Baths, and Wash-houses, and open Bathing
Places, apd sell the materials thereof for such best price as aforesaid,
. | and in either or any such cnsc the purchase-money (if any) shall be paid to the Treasurer. |
44. The general management, regulation, and control of the said Baths, and Wash-houses, and open Bathing Places shall, subject to the provisions of this Act, be vested in and exercised by the Council. | |
to the use of the Baths and open Bathing Places respectively, shall |
mom, | be put up in every Bath-room and open Bathing Place respectively, | ||
| |||
| |||
near every Washing-tub or Trough, or every pair of Washing-tubs or Troughs in every Wash-house. |
of
' | 46. The number of Baths and Washing-tubs or Troughs respec- tively in any building under the management of the Council, and in respect of which Baths and Washing-tubs or Troughs respectively, the maximum rate of charges is fixed as hereinafter provided, shall not be less than t~qice the number of the Baths and Washing- tubs or Troughs rcspectivcly, in any such building in respect of which any higher rate of charges might be made by the Council as herein- |
after also provided. | |
charges for the use of the said Baths, and Wash-houses, |
Bathing |
~ a t h i n ~ Places respectively, as they shall think fit, but so far asregards the Baths, and Wash-houses, and open Bathing Places, in respect of which the maximum rate of charges is hereinbefore referred to, not exceeding such charges ns are mentioned in the Schedule annexed to this Act, marked
C.
48. For the recovery of the charges at such Wash-houses, the |
chargm at q m h - officers. servants. and others having the management thereof may
houees. detain the clothck brought to
bc washed, or oth& goods and chatt'ebof any person refusing to pay the charge to which such person may
be liable, or any part thereof, till full payment thereof' bc made, and
in case such payment be not made within srven days, may sell such
clothes, goods, and chattels, or any of them, rrtu&ing the unsold
articles (if any), and the surplus proceeds of such sale (if any), after
deducting the unpaid charge, and the expenses of such dcduction
and sale, on demand, to such person.
49. It shall be lawful for the Council, from time to time, and at
~'_"p!!e~~~~~~,db
all times hereafter, to fence in or otherwise enclose the reserves of |
Crown lands within the City, known as the Park Lands, or any part |
or parts thereof; and level, drain, plant, lay out with carriage drives
Park lands.and walks, and otherwise improve or ornament the same; and erect
~, ,, t lodgesfor any lodges, or other buildings, as places of residence, or temporary
2;;;;; rangersp shelter, for
any rangers, gatekeepers, watchers, or other personswhom the Council may hereafter employ for the care and management of the said Park Lands; and do or perform any other act in rclation
to such Park Jhnds | for the public purposes to which the same have beg1 respectively | ||
| |||
the Imperial Parliament, passed in the Session of the fifth ancl sixtjh ycar of ITcr Majesty's reign, cap, |
50. Any person who shall wilfully or maliciously, or by negli- ~ ~ $ ~; ; ~ ~ ~ f ~ ~ - |
gence, throw down, break, injure, or remove any of thc boundary marks, gates, posts, rails, fences, or enclosures, which haw already been, or shall be hereafter, erected or set up by the Council, or sl~rtll
cut down, injure, or remove, or cause to be cut down, injured, orremoved, any timber or other tree, or any &rub or plant growing, lying, or being upon the said Park Lands, or upon or in any of the
squares, or other public places within the City, or dig, raise, or
Or trees, BC., on Park remove, or cause to be dug, raised, or removed, any turf, clay, sand,
Land3~0r4uwes~&0.* soil, gravel, stone, or other material, from the said. Park Lands, or
other public place, other than a carriage or footway, or from the bed
or banks of the River Torrens, within the City, shall, on convic-
tion, for each and every such offence, | if there shall be more than one, |
forfeit and pay a sum not less than Five Pounds, and shall also make | or |
the same shall be levied by distress and sale of the goods and chattels of the offender; and, in case of the insufficiency |
T | offender |
offender
shall be imprisoned in any Gaol or House of Correction for any term not exceeding six calendar months, unless such penaltyshall be sooner paid and satisfaction made.
51. Every person who shall neglect, or fail to comply with, any
Penal@
nnismx~ |
when ordered | directions or order under the hand of the Mayor, which may here- ", |
recoverable and recovered in like manner as is prcvidcd in thc 104th clause of the last-mentioned Ordiilancc, for the l.ecorery of any costs and expenses which may be incurred by the Council as therein re- ferred to.. |
timber to |
be blastcd within the | |
interment w i t ~ n |
present cemetel | and | except in the Government Reservc, known as the P ~ ~ b l i c | Cemctcry |
a ~ ~ o i n b d | or Burial Grotmd, now misting thcre, | save ancl except in any |
by Council with con-
and place or places within the City, which inay hereafter he appointed |
Executive. | for that purpose by the Council, with the consent of the said |
Pixnishment of | Governor and Executive Council; arid any prrson who shall offend |
offenders. | against this present provision shall be deemed guilty of |
and Measures, | ||
or other officer or person, a,ppointc.d by the Council for such purpose, | ||
| ||
sale, or carried for delivery, and to \ire&-h sslleh bread by means of a just beam and scales and true weights of the established Imperial standard, and if such bread shall be there~~pon found to bc under the weight at or for which it sllall be so sold .or exposed, carried or offered for sale, or carried for delivery, then it shall be lawful for | ||
euch Inspector, or other officer or person, as aforesaid, to seize such | ||
bread and the person who shall scll or expose, carry, or offer for sale, or carry for delivery, any such brcad under weight as aforesaid, or the person in whose service such last-mentioned person may be, shall, for every such offence, forfeit and pay a penalty or sum of not less than One Pound or more than Twenty Pounds, and the bread so seized shall be dedicated to the use of the poor then bcing in any asylum for destitute persons within the City, or such other chari- |
table object |
City without previously obtaining, and from time to time obtaining, | 55. |
from the Council, a licence to keep and use the same.
56. When and so soon as such weighbridges shall be licensed, in W c n sufficient | ,iu. r )riilgce so li- |
number sufficient in the discretion of the Council, with the approval |
of the $aid Governor and Executive Council, for the purposes of the | sold by a \ oirrlr~pois |
trade of the City, notice thereof, and of the situation of such weigh- | arcs,taincdat |
bridges, shall be given by the said Council by advertising the same
such bridge.once ill the
South ~zlstrdian Gouerrtment Gazette, and not less tlmntwice in each p~zblic newspaper published within the City, and there-
after all hay, straw, coals, firewood, bark, shall be sold, offered,
or exposed fbr sale, bartered, exchanged, retailed, or delivered within
the City bv avoirdupois weight only, and that such weight shall be
ascertaine& at some weighbridge licensed by the Council as aforesaid,
and not otherwise, or elsewhere.
as to weight3 and |
the arlvicc and consent of thc said Legislative Council, on the eighteefith day of February, one thousand eight hundred and forty- three, " For establishing Standard Wcights ancl h1easures in the Pro- vince of South Australia, and for the prevention of the use of such as are false and deficient ;" and also an Ordinance was passed on the ninth day of July, onc thousand eight hundred and forty- five, " To alnend an Act for establishing Standard Weights and | furtlier as to |
RIeasures in the Province of South Australia, and for the prcvcntion | measues. |
of the use of such as are fdse and deficient;" and also an Ordinance was passed on the twenty-fifth day of July, one thousand eight hundred |
and fortv-five, " To reg&&! | the use of Weighbridges and Steelyards ;" |
and allsdai~ | Ordirlancc was r~nssed | on the twenty-thlrd day of ~&ruary, | steelyards. |
one tllousaiid eight hundrirl and forty-seven, | To amend the L ~ I & |
relating to the Impounding of ~ a t i l e | ;" and whereas by the said |
lastly hereinbefore recited Act and Ordinances, respectively, certain ing. powers and authorities are given to the Governor-in Co~ricil and | other persons therein mentioned; and whereas it is expedient that the | City council should have thc sole appointment, con td, and manage- | ||
me& of all and every the persons,-&uxs, matters, and things within thr City, mentioned 'or re&rrcd to in, or by, llie said Act a id Ordi- | ||||
| ||||
| ||||
| ||||
Act and Ordinances into execution. |
58. ,411d be it further Enacted as follows: So much only of the | ~ c t | and |
provisions of the said lastly hereinbeforc recited Act and Ordinances, $ | ~ | ~ | ~ | ~ | ~ | ~ | f | ~ | ~ | - |
respectivrly, as may interfere or bc inconsistent with the exercise by siateut
herewith, the City Council, solely and exclusively within thc City, of the powers
and authorities hereinbefore mentioned or referred to, shall be, and '
are are hereby repealed,
aave as toall things lawfully done before the commencement hereof: Provided always, that the saidAct and Ordinances shall be and remain in full force in all respects not incon- sistent herewith.
59. Every member of the Council shall be exempt and |
exempt from serving
- | from serving on any Jury summoned within the City. |
Limit of oacial ex-
60. So much of the said firstly-recited Ordinance and Act respec- tively, as limits to any aggregate per centage or sum of | |
tolls, dues, or sums of money mentioned in the same Ordinance-Be | |
it therefore Enacted, That so much of the same Ordinance as limits the amount of tolls, dues, or other sums of money, which may be demanded, recovered, received, or taken thereunder, to the maximum rate specified in the Schedule thereunto annexed, shall be, and the same | |
is hereby repealed, so far as it relates to or afkcts any market or markets already established, or to be hereafter established within the City, but not further, or othcrwisc. |
62. And be it further Enacted as follows: I t shall be lawful for |
the Council, in manner directed by the firstly-recited Ordin- tiy-laws and regulations, as to them shall seem meet, for all or any of the purposes of this Act, for the management, use, and regulation | |
of Public Baths, and Wash-houses, and open Bathing Places, and of |
the persons resorting thereto respectively, and Ibr determining (subject to the provision hereinafter contained) | |
or employed in that behalf by the Council; for securing adequate | |
privacy to persons using the Baths, and Wash-houses, and open Bathing Places, and security against accidents to persons using the open Bathing Places; for securing that men, and boys above eight years old, shall bathe separately from women, and girls and children under eight years old; for preventing damage, disturbance, inter- ruption, and indecent and offensive language and behaviour, and nuisances; for determining the duties of the officers, servants, and | |
others appointed by the Council; for regulating the situation, size, and | |
mode and materials of construction of privies | |
and |
and cesspools, and for regulating such other works of cleansing, and of removing and disposing of refuse or otherwise as the Council may deem necessary for preserving or improving the sanitary condition of
For regulating cellat
the City; for compelling the securing, removing, or filling up of any | |||
cellar traps, ways, or openings, which rnay now or hereafter be in | |||
under any footway; for regulating the ke6ping and use | |||
bridges and the conduct of the owners and keepers thereof and persons | |||
attending or using the same; for regulating the sale and exposure for | |||
sale of or other dealings with goods, wares, or commodities herein- |
| ||
before directed to be sold by avoirdupois weight only; for fixing the hours for holding and othkwisc regulating- sales by auction;@- |
r | x |
3 | hay and straw; | for preventing the lighting of fires in the open |
air, unlew properly protected; for regulating the storage, quantity,
and sale of gun and blasting powder; and for regulating hackney |
and sale of powder ;
and other passcngcr vchicles, that is to say-carriages, | coaches, |
omnibusses, cabriolets, spring carts, or other vehicles of the Like |
nature, a d | for licensing and regulating waggons, drays, carts, and | for |
other vehicles, for the carrying of goods and merchandize, plying,
;~$;~;fg;$:~ kept, or let for hire within the City, and also of waggons, drays,
thecity. carts, or other vehicles used in hawking firewood and water,
Rwdatingnmd and within the said City, respectively; for licensing and registering thewater carts withinthe names of and regulating the conduct of the owners, dr iers and con-ductors thereof; for licensing and registering the names of and re-
omers, drivers, and conductors. plat ing the conduct of porters and hawkers in the City in their
Liosnsinpmdregula. several employmcnts, the amounts to bc paid to the said Council for Ei;kp;yd
or in respect of any or every such licence, the hours within which such
owners, drivers, conductors, and porters shall exercise their respective callings, whether they and such porters shall wear any and what badges, the number and description and furnishing of such hackney and other passenger carriages, the situation and number of public
stands in rcspcct of all or any of the vehiclcs aforesaid, the amount
Fixing public etan&
of fares for time or distance to bc paid for thc use of such vehicles,and respectively, the safe custody and delivery of any property which rnay
punishing the misconduct of the drivers and conductors of and per- | be accidentally or otherwise left in such vehicles respectively; for |
sons attcnding the samc, whcther by reason of careless or furious driving or racing or other wilful misconduct, or in the way of impo- sition by cliemsmiiing or receiving more than the regular fare or other- wise, and also for punishing of persons hiring such vehicles respec- tively, for frauddentlg evkdinff the pavm&~t of such fares; for fixiig the amount bf fees -to be paid by any such owner, driver, conductor, porter, or hawker, for such licence; for the | |
regulation and government of drivers not hereinbefore referred to; for preventing cruelty to animals; for preventing the killing of any |
ram, ewe, shee | lamb, goat, or swiniiiXaiat any siaughterhouses or |
0th-es | -$? | --- | licensed |
the (;ounc$&?the | regulation and conservation o f the Park Lands |
point by such by-laws such finesas they shall deem necessary f8r the prevention and suppression of such offences, and for enforcing
V | such |
m h |
recited Ordinance as enacts that no fine to be appointed under any |
by-law made by the Council shall exceed the sum of Ten Pounds, shall, as to the storage, keeping, and sale of gun and blasting powder, | |||
be and the same is hereby repedcd. | |||
such by-law, and of the sending and publishing thereof in all Courttr of law or equity, and before all Justices in. Sessions, or otherwise. | |||
All rents, | |||
| |||
contrary notwithstanding, all rents, costs, charges, and expenses, | |||
which shall'hereafter be received by virtue of this Act, and all fines, fees, penalties, an3 other moneys which shall hcrcafter be levied, re- covered, and received, under or by force of any information, or other | |||
legal proceeding, laid, taken, or instituted, under or by virtue of this | |||
Act, or of the firstly-recited Ordinance or Act respectively, or of any by-law already, or to be hereafter madc, in pursuance of the same Acts or Ordinance respectively, or under or by virtue of any other Act or Ordinance of the said Province, by the Council, or by any Inspector of Nuisances, Iiispcctor of Weights and Measures, Park Lands Ranger, Poundkeeper, or other officer or person already ap- pointed, or to be hereafter appointed by the Council, skill, in all cases in which they are not, by thc first-recited Ordinance, already | |||
| |||
65. Every order which shall be made by the Council, by virtue of this Act, for freeing from incumbrance or obstruction paving, flagging, macadamizing, levelling, sewering, or otherwise completing or re- pir ing any street, court, or alley, as aforesaid; for fencing or cnclos- | |||
|
, | |||
in | |
begin |
such
such ordek, and the publication thereof as aforesaid, shall be, | the |
same are hereby declared and deemed to be a good, valid, and suf- suBicient notioe
to ficient notice, to all owners, lessees, tenants, occupiers, and others
owners, aud others intcrcsted,interested in the premises, to all intents and purposes.
66. If any owner, or occupier, or other person, in this Act referred | the Council to be |
to, shall neglect or refuse to pay to the Treasurer the amount which by,,,, | ,, |
shall be ordered by the Council to be paid by such owner, or OCCU- pier, or other person, in respect of any costs, charges, or cxpcnses which the Council shall incur and charge to him, or which shall or might otherwise become payable by him to the Council by virtue of this ,4ct, then the Council, and every Collector or other person ap- pointed by them in that behalf, shall or may, for the purpose of collecting, levyng, and enforcing the same amount, proceed in the | |
same manner, and have and exercise the same powers and remedies, 2;;;Fd;;~ | by distress or otherwise, as are in and by the firstly-recited Ordinance, |
provided and given for collecting, levying, and enforcing the city- rates thereunder, in respect of lands, tcncments, and hereditaments, occupied or unoccupied, as thc case may be: Provided always, that |
be called upon to pay, and shall pay, a greater amount than he shall | any tenant who nhall, under thc powers and remedies last aforesaid, $ ) $ ~ ~ ~ ~ p ' ~ ~ |
in fact owe for rent; such tenant h hall, save and cxccpt in cases arising out of the neglect or default of such tenant, have and enjoy the same rights and rcincdies as against the owner or landlord of the premises occupied by him, as arc, by the last-mentioned Ordinance, given to any tenant who shall pay a greater amount of assessment | |
than he sllall owe for rent. |
G7. I t shall be lawful for any oficer acting under the Co~zncil, Trankmt offenderswith such aid as shall be necessary, to seize and detain any transient may
be apprehendd. or unknown persoil guilty of any offence against this Act, or against
any by-law alreaay made in pursuailce of the firstly-recited Ordinance | ' |
or Act respectively, or hereafter to be made in pursuance of the same Ordinance or Acts respectively, and forthwith to convey such person |
cording to law. | before any Justice of the | prcssly provided, may bc had and taken, and all fiumrnonses to | 68. All proceedings under this Act, in so far as not otherwise ex- Regulating |
parties and w-itncsses, and warrants, where nacessary, for enforcing the same, may be issued and served, or executed respectively; and all forfeitures, fines, and penalties impose~l, and all sums of money ordered to be paid, may be recovered before any one or more Justice or Justices of the Peace, in nmrner and form prescribed by the firstlyrecited Ordinance; and every person
feclixrg aggrieved by any conviction or order of such Justice or Justices, shall be entitled to appeal therefrom in maiiner and form, and on the terms respectively prescribed by the same Ordinance.
69. |
respectively not hereby or otherwise altered or repealed shall be ap- | of |
,,,,,, | , | ,,,,, |
plicable | to |
plicable, and shall apply to the provisions of this present
Act sofar 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 conb tained in the same recited Ordinance or Act, in lieu of those hereby altered or repealed; and that this Act, and the said last-mentioned Ordinance and Acts, shall be read and construed together as one Act or Ordinance,
70. In the construction of this Act, the following words and expressions shall have the meanings hereby assigned to them, unless such meanings be repugnant to or inconsistent with the context, that is to say-the word " City," shall mean the City of Adelaide, as included within the corporate limits thereof; and the words " Council," Mayor," " Town Clerk," Treasurer," and Surveyor," respectively, shall mean the Council, Mayor, Town Clerk, Treasurer, and Surveyor, respectively, for the time being, of the said City; the word "person," or words applying to any person or individual, shall apply to and include corporations, companies, firms, or other bodies of persons; the word " owner" shall mean the person for the time being receiving, or entitled to receive, the whole or any part of the rent or profits of the rnessuages, tenements, land, or premises, in con- nection with which the word is used, whether on his own account, or as agent, attorney, or trustee for any other person, or otherwise managing such property, or who would so receive or be entitled to reccivc the same, if such messuages, tenements, land, or premises were let; the word " sewcr" shall mean and include surface sewers and drains of every description, whereby any liquid refuse, or any water, shall be carried off; the word "street" shall include every street, terrace, square, road, place, row, or public mews, or lane, along which carriages can pass or are intended to pass, and that, whether there be or not, in addition to the carriageway, a footway paved or otherwise; the word "court" shall signify any space wherein a carriage may or is intended to enter, the same not being a thorough- fare; the word "alley" shall include any court, alley, passage, or |
| ||
street, court, or alley," shall mean tenements or premises, the owners | ||
or occupiers of which communicate with or have the right to use, or | ||
commonly use, any such street, court, or alley, or part thereof. |
City of Adelaidc and 71. The provisi&s of this Act shall be limited to operate in respect
already or to be hereafter incorporated, under the provisions of the said firstly-recited Ordinance, until the provisions of this Act may be thereuxlto extenaed, by proclamation, as in the said recited Ordinance provided.
Commsncemeut of
passing thereof.
SCHEDULES SCHEDULES
REFERRED TO.
Form of Mortgage of Bates and Corporat~Bevenue,
The Corporation of the City of Adelaide. | Mortgage, No. |
By virtue of an Act of the Governor and Legislative Council of the
Province of South Aastralia, passed in the eighteenth year of the Reign of Her Majesty
Queen Victoria, No.
23, and intitded " An Act to alter and repeal certain Lawsrelating to the Co~poration of the City of Adelnidc, and to make further and
other provisions in lieu thereof, and to confer furthcr powers on the said Corpo-
ration, and upon the Council for thc time being of thc said City," We, the Mayor,
Aldermen, Councillors, and Citizcns of the City of Adelaide, incorporate, in con-
sideration of the sum of pounds sterling, to us in hand, lent
and paid by
A. B., of for the purposes of the saidCorporation, do grant, bargain, sell, and assign unto the said A. B., his executors,
administrators, and assigns, all and singular the rates, rents, and sums of money
arising, and to arise, and be payable to us for or from her^ describe the rate or other
propelty proposed to be mortgaged), and all our estate, right, title, and interest of, in,
and to the same,
to hold to the said A. B., his executors, administrators, and assigns,
from the day of the date hereof, until the said sum of puunds, with interest | + |
for the same at the rate of | pounds per centum per annum, shall be fully paid |
and satisfied; and it is l ~ r e b y | declared, that the said principal sum shall be repaid |
on the day of, at the office of the City Treasurer in Adelaide, aforesaid (or other place of payment), snci that, in the meantime, the interest thereof shall be paid on the day of and the day of in every year, at the office of the City Treasurer, in Adelaide, aforesaid (or other place of payment).
Given under the common seal of the Mayor, Aldermen, Councillors, and Citizens
of the City of Adelaide, in the Province of South Australia, this | day of |
one thousand eight hundred and
C. D., Mayor.
B |
Form of Transfer of Mortgage.
in consideration of the sum of | pounds |
sterling in hand, paid to me by C. D., of | , do hereby transfer to the |
C. D., his exccutors, administrators, and assigns, a certain mortgage (or bond) No.
bearing date the | day of | one thousand eight hundred and |
and made by the Mayor, Aldermen, Councillors, and Citizens of the City of Adelaide, incorporate,
for securing to the sum of pounds, (or if such be by endorsement on the mortgage insert instcad of the words after " assign" the words the withinsecurity"), together with all intcrcst now due, and to be- come due therew, and all my property, right, and interest in and to the money
thereby sccured and in and to the rates, rents, and sums of money, and property therebyassigned.
In witness whereof, I have hereunto set my hand and seal, this |
one thousand eight hundred and
A. B. (L. S.)
Mm'mun Charges for the Baths and Wash-houses and Open Bathing Placer.
1. BATHS.
Every bath to be supplied with clean water for cvery person bathing alone, orfor several children bathing together, and in (:ither case with oneclean towel for every: batherFor one person above eight years old-
a. |
Cold bath, or colQshower bath | .. .. .. .. .. .. .. .. .. .. .. .. .. |
Warm bath, or warm shower bath, or vapour bath | .......... | 6 |
For several children, not above eight years old, nor exceeding four
in number, bathing togethcr-
Cold bath or cold shower bath | .. .. .. .. .. .. .. .. .. .. .. .. .. | 6 |
Warm bath, or warm shower bath, or vapour bath | .. .. .. .. .. |
2. WABH-HOUSES. Every Wash-housc, to be supplied with conveniences for washing and
drying clothes, and other articles:
For the use, by one person, of one washing-tub or trough, and of a copper
or boilcr (if any), or where onc of the washing-tubs or troughs shall be used as a copper or boiler, for the use of one pair of washing-tubs or troughs, and for the use of the convenicnces for drying-
S. d.
For one hour only in any one day | .. .. .. .. .. .. .. .. .. .. .. .. |
For two consecutive hours in any one day | .. .. .. .. .. .. .. .. .. | 9 |
A fraction of an hour, exceeding five minutes, to be reckoned one hour.For two hours not consecutive, or for more than two hours in
any oneday, such charges as the Council may
think fit.For the use of the washing cc~nveniences alone, or of the drying conveniencer alone, such charges as the Council may think fit; but not exceeding in either case the
charges for the use for the same time of both the washing and drying conveniences.
3. OPEN BATHING-PLACES. Open bathing places, where several persons bathe in the same water-
8. d.
For | oneperson | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
- |
0
0
0