Adelaide Municipal Corporation Act 1855 (SA)

No. 18.

An Act to amend the Laws relating to the Coqmation qf the City of

Adekde, and also to regulate the 8laughtering of @beep, Calves,

Swine, and Goats in the said Ciy, and to prevent certain nuisances therein.

[Assented to, June 18, 1856.1

HEREAS it is deemed expedient that certain of the provisions Preamble,

W of the Ordinance of the Governor and Legislative Council, being No. 11 of 1849, to constitute a "~hnic ipa l Corporation for the NO. 11 of isre,

City of Adelaide," and of the Acts of the said Governor and Legis. lative Council amending the said Ordinance, being respectively Nos.

sand eight hundred and fifty-four should be repealed, and the matters No. 23 of 1864,

23 of one thousand eight hundrcd and fifty-two, and 23 of one thou- NO. 23 of 1862.

thereof provided for as hereinafter contained: And whereas the slaughtering of sheep, calves, swine, and goats on the premises of butchers and others, and the keeping of swine and goats within the said City of Adelaide has become a nuisance to the health and comfort of the inhabitants, and it is expedient to remedy the same-Be it therefore Enacted by His Excellency the Governor-in-Chief of South Australia, with the advice and consent of the Legislative Council thereof, as follows:

1. So much of the said Ordinance as provides for the preparation, Repeals part of OrJi-

revision, and publication of citizens' lists or rolls, and all other Istiing tocihe11811iets,	nance 11 of 1849 red
matters relative thereto, shall be and the same is hereby repealed,

and instead thereof-~e'it Enacted, that the book or bookk of-assess- ~ m q of ~ a e ~ s m e n t

canttuning names of

ment containing the names of ratepayers, duly prepared and signed, ,,,,,,

shall, ao far as regards ratepayers to be citizens in accordance oiti~ens' bts.

with and pursuant to the tenth section of the said Ordinance, be the citizens' lists and rolls of the said City and several wards thereof, and no citizen shall be entitled to vote at any election until he shall have paid the rate or rates chargeable to him in respect of the pro- Rates munt be p d

perty so assessed: Provided that the rate declared by the Council be'orey0h@

H2 of

of the said City next to and immediately preceding any such clectio~l

aceptrate

+thin B~X months

p ~ ~ a i election. hall have been so declared for a period of six calendar months9

On appeal, my v o h	And provided that, in the event of any election taking place between
if amount of mte is

i d e a with TOWXI the notice and the hearing of any appeal against any assessment

Clerk, for rates, the party so appealing shall be entitled to pay to the

Tom Clerk the amount of rates claimed to be duc from him, without

prejudice to such appeal, and vote at any such election.

of Iisbtobc

printed. 2, The Town Clerk shall cause copies of the said book or books

Omissions lnuy be of assessment with the names of the ratepayers so entitled to vote in

rectified byBPp~al to each ward, to be printed in alphabetical order, and any person entitled to be a citizen, but omitted from the said book or books, or with respect to whose name or description any error shall appear therein, may appeal to the Council of the said City in the same may as already provided for in the said Ordinance, in respect of assess- ments for rates; any ratepayer shall be entitled to such printed

the Council.

copy on payment of a reasonable sum for the same. *

Election of Aldermen, 3.

At elections for Aldermen, Councillors, Assessors, and Auditors, of the Corporiition of the said City, nominations for candidates, by two or more citizens, shall take place before eleven of the clock in the forenoon of the day of election, and it shall be lawful for the presiding Alderinan, or person acting for him, to declare the poll closed at such last-named hour, if the number of persons nominated and voted for shall not exceed the number required to be returned.

Councillors, Assessors,

and Audibm.

Allowanoe to Auditors,

for auditing accounts

4. The Auditors shall be allowed such reasonnble remuneration,

for auditing the accounts of the said Corporation, as the City Council

of Corporation. 1

may adjudge. I

No. 11 df 1849.

No. 23 of 1852.	5. So much of the said recited Ordinance and Acts as provides for o f m y
No. 23 of 1854.	the appointment to the office and duties of Treasurer of the Council

of Aaide shall be and the sane is hereby repealed, 1

and in lieu thereof-& it Enacted, That all moncys wxich by the said Ordinance and Acts would be payable by any 6fficer of the said Council or other person to, or receivable by the City Treasurer shall,

Mcneys to be paid	except as hereinafter mentioned, be paid by the receiver, within t x a
into the banking ac-	day^ after receipt of same by him, direct into the banking account of
wunt of Corporation.	the mid Corporation, as well as the proceccls of all bills, drafts, or other instruments, within two days of the same being paid to, or
Sum, less than Ten	received by such receiver: Provided, that, where the sum of money
Pounds to be paid to
Town Clerk.	so to bc paid sE~allnot amount to Ten Pounds, the same shall be paid to the Town Clerk within such time as aforesaid, who shall place the same to the credit of the said Corporation in such banking account, when
Town Clark to per-	the sums so receivable shall amount to Ten Pounds or thereabouts. The
form tho other duties
of the Treasurer.	-of Treasurer set forth in the said Ordinance and Acts, other than those rZE€ing t o G n F s as aforesaid, sli-aIIbe performed by the Town Clerk, whg shall keep the books or accou& provided for

Moneya Oar- therein. The moneys of the Corporation receivable on any account

poration to be deemed

the pm rty CS the whatever shall be deemed the property of the Town Clerk, aud may

TOWU cE~. be so described in any iqdictment or other proceeding.

6. So

the said Corporation being submitted in April and October in every 1849. 6. So much of the said Ordinance as provides for the accounts of odnance No. 11,

year, for the purpose of being examined and audited from the first day of October in. the year preceding to the first day of April, and from the first day of April to the first day of October, in the year in which the auditors were elected and named, and for making out and printing in the month of October, a full abstract of accounts for the year, shall be, and the same is hereby rcpcaled, and instead thereof-Be it Enacted, that the accounts of the said Corporation

shall be audited in the months of January and July in each year for n o c o ~ n t s t o be anclited

the six calendar months preceding, and at such other time or times in each year, in January and July

as the City Council shall. determine; and a full abstract of the ~b,t,,,tt,,b,,,;,t~d.	'
accounts for each year ending the thirty-first day of neccmber shall

be printed and published. year.

7. Any PC~SOO" elected to the office of Alderman, Councillor Persons appointed t o ' Government eitna-

Auditor, or Assessor, and aftei.wards accepting civil employnient tions liable to fine,if

under the Government of this Colony, or being elected to such office ?$'&?tt;;ip" while in the said employment, shall be liable to the same amount of

fine for resignation or non-acceptance of office as any other person would be subject to unless he shall claim exemption under the said Ordinance &thin five days of the time of accepting such employ- ment, or being clcctcd as last aforesaid.

8. I t shall be lavvful for the Council of the City of Adelaide to Council of the City of

Adnlaidn may orcct

erect, or otherwise establish and proclaim, one or more shighter- c8tabli&

house or slaughterhouses within the said City, and that from and $;h;;~~;CitP~	after ten day's notice of the procliiiming of any such slaughterhouse,
given by advc:rtiscment under the hand of the Town Clerk of the said City, once in the South Australian Go vernmer~t Gazette, and in

. each newspaper publislled within the said City, it shall not be

lawful for any person whonisoever to slaughter or cause to be slaughtered, any sheep or calf, or any kind of swine, or any goat, within the said City, excepting at some slaughterhouse so proclaimed as aforesaid, anything contained in an Act of the Governor and Council of thc said Province, passed on thc eighth day of December,

one thousand eight hundred and forty, and intituled, G An Act to 4tllvW No. 5-

regulate the Slaughtering and prevent the Stealing of Cattle ;" or 7th and 8th Vict., NO. an Ordinance of the said Governor and Council, passed on the 2.

nineteenth day of February, one thousand eight hundred and forty- four, intituled " An Ordinance to authorize the levying of Fees on the slaughtering of Cattle in South Austra;lia ;" or any other Act or

~rdinance of the said Province to the contrar)~ no t~ i ths tandin~, and PcnaItr foralaughtor- ing unless at public

any person who shall so offend, shall forfeit and pay, on conviction, slaughterbouaLa. .

for every such offence, any sum not exceeding Five Pounds.

9. It shall be lawful for the Council of the said City to defray C o u n c i l m v d e f b

any expense which may be incurred in erecting or establishing the alaughtc+aueaout expense of erecting

said public slaughterhouses, and the appurtenances thereto, and in of h	City P d.
the management and maintenance of the same, out of the City
Fund of the said City.

10. It

~ n d may make by- 10. I t shall be lawful for the Council of the sai d City, and they

laws for regulating *

the and may h we hereby empowered from time to time, to make, alter, or amend,

fines d m s o f fees* by by-law, such regulations as to them shall seem meet, for regn- lating the said slaughterhouses and their appurtenances, in respect to the reception of amimals for slaughter therein, and the periods

during which such animals might remain therein, previously to

their being slaughtered; and in respect to cleanliness and otherwise, and fox the good government of all parties using the same, and to appoint, by bylaw, such fines as they shall deem necessary for en- forcing such regulations and by-laws, and to fix, by bylaw, from time to time, the slaughtering or other fees or dues to be paid for the use of such slaughterhouse or appurtenances by parties bringing animals thereto for slaughter, or slaughtering or causing to be

Proviso limiting fines.	slaughtered animals therein: Provided always, that no fine so to be
Proviso limiting fees	atmointed shall exceed the sum of Ten Pounds: Provided also, that
and fizzes.	t&i fees or dues aforesaid, shall not exceed the sums respectively
mentioned in the Schedule hereunto annexed.
Penalty on persons
keeping swine w i t b	11. It shall not be lawful for any person or persons to breed or keep, or suffer to be, any kind of swine within the said City, except at such place or places therein, as may from time to time be for that purpose approved by the Council of the said City; and any person who shall so offend, shall forfeit and pay, on conviction, for every such offence, the sum of One Pound for each and every head of swine in respect of which such offence shall have been com- mitted; and shall further forfeit and pay the sum of Five Shillings for each and every head of such swine, for and in respect of each and every day during which the said offence shall be thereafter continued.
the City.
enclosures may be
Goats trespassing on	12. When any goat shall be found trespassing within the enclo- sure of any public square, or of any other public place, or within any garden, or other private enclosure within the said City, it shall be lawful for any officer of, or other person thereunto duly author rized by the Council of the said City, or for any police or special constable, or as3 to such private enclosure only, for the owner or
dcstroyrd.

Penalty, if carcase

al!owed to become a	occupier thereof, to seize and destroy such goat : Provided always,
nuisance.	that if any person so destroying any goat shall fail to dispose of the carcase thereof, so as to prevent the same becoming a nuisance, every person so offending shall forfeit and pay, on conviction, for every such offence, a s u m not exceeding One Pound.

Gaata at large in any 13. When any goat shall be found at large in any street or other

streets, h., snd im-

pounded, to be dca-	public thoroughfa&	or on any wrenclosed	within the said City,
tmyed by pound-

keeper, if not released.

and shall be impounded in any public pound within the said City, the keeper of such pound shall, within six hours thereafter, post the notice required by law to be posted on some conspicuous part of such pound, setting forth the description of such goat, and if such goat shdl not be released by the owner thereof or his agent, within forty-eight hours after the posting of such notice, by payment to

Poundage fee.

the poundkeeper of a poundage fee of One Pound, the said pound-

keeper

keeper shall, upon the expiration ofsuch forty-eight hours, destroy such Y $ ; ; :

goat: Provided always, that if any poundkeeper shall fail so to destroy.

destroy any such goat, hc shall forfeit and pay, on conviction, for

every such offence, a sum not being less than One Pound nor more

than Five Pounds; and if any such poundkeeper shdl fd to dispose P e n a l t ~, if c a r c a ~ is

allowed to become a

of the carcase of any such destroyed. goat, so as to prevent the same mi,an,,

becoming a nuisance, he shall forfeit, and pay, on conriction, for

every such last mentioned offbnce, a filrther sum not exceeding One

Pound: Provided also, that no further or other notice of impound- to notic?+

ing as aforesaid, than that hercinbefor~ reauired shall be nccessary;

and that so much of an Ordinance of the-~ovcruor and Council of the said Provincc, passed on the twenty-third day of February, one thousand eight hundred and forty-scvcn, intit,ulr.d " An Ordinancc ~,~,,,,,

N,, 3,

to Amcnd the Laws relating to the Impounding of Cattle," as inay 1847.

be contrary to, or inconsistent with, this present provision or any

part thereof, but not further or otherwise, shall, so far as re~ards the

operi-ttion of such Ordinance or provision, respectively, within thc

said City be, and the same is hereby repealed.

14. If any person shall assault or rcsist any inspector of any such penalty fi~rassiuilting or rcsi~ting an per-

slaughterhouse, or any other officer of the Council of the City, or ,,n,,,,,ting~,

any Inspector of ~ol ice, m Police Constable, or his or their assis- d~ity	u l 1 c ~	this Act
tants, in the execution of their duty urider this Act, or any person lawfully acting under any provision thereof', or shall aid or excite any person so to assault or resist, every such offender, being con- victed thereof, shall, for cvery such offence, forfeit and pay any sum not exceeding Ten Pounds.

15. If the chimney-flue of any dwelling-housc or other ~ ~ e m i s c s, Fircs in cllIwney-

within the said City, shall take fire by reason of its having been flues.

suffered to become foul, or from any neglect or carclcssncss, or fault

of the occupier of such dwelling-house or other premises, or of his

or her 'servant, or other person using such chimney-flue, such occu-

pier shall forfeit and pay, for every such offence, a sum not being less than One Pound or more than Ten Founds: Provided that if any defendant shdl plead that such chimney-flue did not tdie fire in

fault as aforesaid, the proof thereof shall be upon such defendant. consequence of its being foul, or of any such neglect, carelessness, or 16. All fees, ducs, fines, penalties, and forfeitures, accruing under f;;~,"~;~;~esto

or imposed by this Act, or under or by any by-law made in pursu- CityFuad.

alice thereof, shall be paid to the Town Clerk of the said City, to

he by him carried to the credit of the said City Fund.

All fees, dues, fines, penalties, and forfeiturcs, accruing under, or imposed by this Act, or under, or by any by-law, made in pursu- ance thereof, shall be recoverable in a summary way, by information or complaint of any inspector of any such slaugltterhouse., or of any other officer duly appointed by the Council of the said City, to prosecute parties who may be gnilty of offences against the provi- sions of this Act, and who shall in all cases be a competent witness ~ ~ ~ ~ ~ > e ~ ~ $ ~ $ ;

17.

1 2 before

before any one or more Justice or Justices of the Peace, and evcry person feeling aggrieved by any adjudication, order, or conviction,

shall be entitled to appeal therefrom, according to the laws off the said Province for the time being, for regulating summary proceed-

ings before Justices of the Peace.

comhctiOnof

18. In this A& and the Schedule thereto, every word importing

the singular number shall include the plural number, and every

word importing the masculine gender shall include the feminine,

and the word sheep shall include rams, wethcrs, ewes, and lambs.

Proviaions may be extended Of this to Act 19. The provisions of this Act, or any of them, shall extend to

Corporationspro-	the Town of Kcnsington and Norwood, and the provisions of this
c'aimcodunder
No. 11, 1849. Act	Art, or any of them, may be extended to any Corporation pro-
claimed under, or pursuant to the said Ordinance,

SCHEDULE

SCHEDULE REFERRED TO.

SLAUGHTERING FEEX.

a. d.

For every Sheep or Goat ....... ;. ...............,.... 0 4

For every head of Swine ..................,......, 1 0

For every Calf .................................... 2 G

ACCOMMODATION AND SUSTENANCE FEES.

For every Sheep, Goat, or Calf left in a Slaughterhouse Yard or other appurtcnancc thereto, beyond the second day after the entry, and for sustenance for such Sheep

or Goat, for every day ............................ 0 4

For every hcail of Swine left as aforesaid, and for suste-

nance thereof .................................. 1 0

- ,

Adelaida : Printed bp authority, by W, C, Cox, Government Printer, Victoria-~~UWM,