Adelaide Sewers Act 1878 (SA)

ANKO QUADRAGESIMO P R I M 0 ET QUADRAGESIMO

SECUNDO

VICTORIB REGINB.

A.D. 1878.

No. 106.

Adelaide jSewers Act.

ANALYSIS.

Preamble. 30. Power to make roads.

YKELIYINABY . 31. Power to break up streets.

1, Short title. 32. Notice to he served before breaking up

2. Interpretation. streets.

3. Incornoration of other acf S. 33. Street not to be broken up except under

4. bepea superintmdence.

31. Streets bncoken up to be reinstated without

FINANCE. delay.

6. Treasurer to borrow d200,OOO. 35. Compensittion for delay in reinstating

6. Interest on bonds. streets.

7. Application of moneya. 36. In certaia caves parties other than the

8. Noneye to be set apart half-yearly for Commksioner may reinstate.

payment of principal and interest. 37. Penalty for interference with works.

9. Governor may advance moneys to be 38. Wutor and gas pipes to bo altered when

repaid, necessary.

10. Intet est m loan, how chargeable. 39. Commissioner to keep sewers cleansed.

68.' (TM1Simw

11. Certain interest to be regarded as capital. 40. Owncra and occupiers to make drains to

12. Application of sewerage rates. public sewers.

13. Sinking fund. 4 1. Commissioner to make drains in defmlt

14. Annual accounts to be published. of compliance with ordcrs.

42. No ccespit to be used after drains com-

INCOIWORATIOH AND POWBHS OF THE pleted.

COMMIBSIOW ER. 43. Drains how to be constructed.

15. Commissioner. 44. No private drain or sewer to be made

16. Comtnissiontr to a body corporate. without notice.

17. Commie~ioncr may appoint office^ S. 45. Draine to be cleansed.

18, Commis~ioner may make regulations. 46. Owners beyond drainage area.

19. Unde-g to vest in Comrni~siot~er. 47. Ventilators may be made.

20. Payments to be made on account of Com- 48. Cost of drains, by whom payable.

micaioner.

21. Commissioner not to be personally liable. PROVISIONS FOK THE PROTECTION OF THB

22. C'ommiaaioner may delegate his powers, DRAINAGE WORKB.

49. Kotice of building or rebuilding to be

THB CONSTRUCTION AND ESTENBION O F THE given to Commiasioncr.

UNDERTARWR. 60. Power to pull down buildings.

23. Dfainago area. 51. Powers to Commissioner to authorise

24. Survey and mnp to be made of drainage inspection.

a m. 62. Perdties on persom encroaching on

25. Commissioner &ay purchase or leme land. sewers.

26, Commissioner may construct sewers. 63. Btreet drains t o be under the mtrol of

27. Commissioner may comtruct dam. Commiersioioner.

28. Poaition of dam. 54. N o t i ~ of makine and rs-la& cltreets ta

29. Poww to ccaatjuct aecommodatim vmke. be eiven to Crttptlpiarimer.

*

41" & 420 VICTORIX, No. 106.

Adelaide Sewers Act-1 87 8.

56, Commissioner may refuse admissidn oof 78. Rates paid by tenants.

rubbieh into sewers. 79. All ra?~ to be paid to .Treasurer.

66. Agreement with Commissioner.

67. Penalty for destroyin &ewers and fittings. LZaAL PROCEDURE.

58. for ~ ~ ~ e r f ( in exwu-

tion of duty.	80. Amemmeat m y sppealed fmm.
8 I. Appeal from altertationa .of assessment.

69. Penalty on occupiem ' ob~huctitlg execu- 82. Local Court of Adelaide to be Court of

tion of works by owner. Appeal.

AB~Z~~SXENT- M D BATtNO. 83. 3earing of Appeal from assessment.

60. Commissiotler to make annual aesessment. 84. Soecial cape may be stated for Supreme

61. Annual value of lands, haw estimated. Court.

62. What lan& shall be asseased.	85. Appeal from ordem of justices.
63. Appointment of amessors and adoption of	86. Right to recover sewerage rates not sus-

assessment. pended by appeal.

64, Omissions in assessment may be corrected.	87. Sewerage ratea may be distrained for.
66. Power to inspect amessment books	88. Rates to be a charge upon the land.
66. Penalty for not permitting inspection of	89. Lands may be sold when rates are in

assessment books. arrear.

67. Deposit of assessment book. 90. Penalties extended to persons causing

68. Notice of alteration to be published. off ences.

09. Commissioner empower& to correct assess- 91. Power to Commisdoner to apportion pay-

ment. mente

70. Scale of sewerage rates.

71. Power to reduce scale of sewerage rates.	92. Recovcry of moneys due to Commissioner.
72. Sewerage rates to be payable ss soon as	93. l'rovi&m for ascrrtaining and recovering -

sewer laid dowc. damages.

9.1. .4ppropriatio~ of moneys recovered under

73. Collector to leave particulars of sewerage athis Act.

rate. 96. Gazette to be evidencc in certain cases.

74. When several premises drained by one 96. service of notices.

drain, each to pay. 97. Authantloation of notices.

76. When owner to pay sewerage rates, and 98. Comieioner may remit fines.

when occupier. 99. Copiw of plam and alterations to be

76. Collector may collect rcnts when sew'crage evidence.

rates in a m sr. 100. As to proreedings against persons acting

77. As to rates payable by owner paid by mder this Act.

tenant, and rates payable by tenant paid	101. Tender of amends.
by owner.	10'2. Gommelrcement of Act.

An Act for the Better Sewerage and Cleuming of the City oj ' Adelaide and the S'uburbs thereof,

[Assented to, 30th November, 1878-J

Preaxu ble. EREAS it is expedient that the City of Adelaide and thc suburbs thereof should be supplied with proper sewers, and

drains, and other means for effectidly draining and cleansing the

BBMe- Be it thyrefore Enacted by the Governor of the Province of

South Anstralia, with the advice and consent of the Ilrgislativc

Council and House of Assembly of the said province in this present Parliament assembled, as follows: PRELIMINARY.

l. This ,4ct may be cited for all purposes as the " Adelaide

Eh& title. ,

Sewers Act ."

Interpretation.	2. I n this Act (except when inconsistent with the context)-
)' Commissioner " means the Commissioner of Sewers:
' q L m d " incl~ziks lands, tenements, and hereditanlents of any

- tenure:

+

Premises " means and includes any house and. any public or

private building whatsoever, and any part of any house or

building,

"F.

41°2k 42" VICTORIB, No. 106, 3

Adelaide Sewers Act.-187 8,

building, and any garden, stable, yard, or other offices used together or in connection with any house or building, and every part thereof:

Street " includes any squa;e, court or alley, highway, bridge,

lane, road, thoroughfkre, passage, or place:

Vacant land " means unoccupied land which is not built upon, and which is not appurtenant to or used in connection with any building, and whether such land is used for the purpose of depasturing cattle thereon or otherwise:

Undertaking " means the sewers, drains, and other works con- nected therewith being authorised to be constructed and maintained, and includes all fittings to be laid down or fixed by the Commissioner, and all lands to be held or used by him for the purposes of t,his Act:

Drain " means and includes any drain of and used for the drain- age of one building only or premises within the same curtilage, and made merely for the purpose of comm&icating with a cesspit or like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises oc- cupied by different persons is conveyed:

-

G Sewer" means sewers and drains of every description, except

drains, to which the word " drain," interpreted as aforesaid,

applies:

"Drainage Area," means the City of Adelaide and all other lands

- axd premises which may, from time to time, be proclaimed by thc Governor within the Drainage Area by Proclamation

to be published in the Government Gaxette :

" Owner" includes the person for the time being receiving the rent of the lands or premises in connection with which the word isused, whether on his own account or as agent or trustee for

land or premises were let at a rent: any other person, or who would so receive the same if such

'c Fittings" includes cocks, valves, cisterns, water pipes, traps,

syphons, manholes, lampholes, ventilators, entrances, and other apparatus connected with and requisite to secure the safe and proper working of any drain or sewer:

S. The Lands Clauses Consolidation Act" (except the 127th E;?tionof other

section thereof), and an Act, No. 26 of 1855-6, intituled " An Act to amend the Lands Clauses Consolidation Act," are, sr? far as the same are applicable, and except where expressly varied by this Act, incorporated with and form part of this Act, and for the pnrposes of this Act,. the expression " the promoters of the undertaking," when- ever used in the Lands Clauses Consolidation Act, shall mean the Commissioner, and the words '' Special Act" shall mean this Act. All the sections of The Railways Clauses Consolidation Act," which

are enacted a with respect to the temporary occupation of lands near

. the

4 41b & 420 VICTQBIE, No. 106.

Adetaide @ewers Act.--1878.

the railway during the construction thereof," are, 00 fsr as they are

applicab1e and except where expressly varied by this Act incorpo-

rated with and form part of this Act: And for the purposes of this Act, the expressions, the company" and the railway" wherever used in those sections shall respectively mean the Commissioner, and the undertaking and the words b"ppecial Act" shall mean this Act.

All the said portions of The Lands Clauses Consolidation Act"

and The R.ailw&ys Clauses Consolidation Act," shall apply to the maintenance and extension of the undertaking as well as to the con-.

strut tian thereof.

Rapal. 4. Sections No. 83, 83, 84, 85, 86, and 87, of The Municipal

Corporations Act, 11361," are hereby repealed, and "The Public Health Act," and the a Public Health Act 1876," so far as the same relate to the management, control, and supervision of sewers and drains within the drainage area, are also hereby repealed; but auch repeal shall not affect the validity of any act. prosecution, order, or other proceeding done or commenced' under or by virtue of such

repealed enactment B.

FINANCE.

5. It shall be lawful for the Treasurer for the time being of the said province to borrow from any person upon the security of the General Revenue of the said province. a sum of money not exceeding in the whole the sum of Two Hun4~ed Thousand Pounds, and for that purpose to issue and sell bonds for such sums not exceeding

T~ moo,ooo to borrow

in the whole the sum of Two Hundred 'L'housand Pounds, as he may

deem expedient, and such bonds shall be in the form following, that

is to say-

Eouth Australian Government Securities.

No. [Royal Arms.] N o.

Authorised by Act of Parliament, No. of 1878.

;t' d2

in consideration of the sum of I, the 'l'reasurer of the Province of South Australia,

Pounds paid to me for public purposes, do hereby bind

this p]-esent obligation the sum of

myself to pay to the holder for the time being of Pounds per centurn per aimum, such interest to be payable half-yearly on the first day of January and the first day of July in .each year, and the prirlcipal to be paid on the first day of in the year

of our Lord

Sealed with my seal. Dated the day of

one thousand eight hundred and

Signed, sealed, and delivered i n

the presence of

(Bond transferable by delivery.)

41° & 420 VICTORIAE, No. 106.

Adelaide Sewcw Act,-1878.

---

NoTE.-T~~	principal and interest, payable under this bond is payable at the 'I'reasilry in Adelaide [or in London, at the office of the South Australian Government, or
any other place to be declar-ed ut the time qf the sule qf
the bonds],

6. The said bonds shall bear interest at the rate of Four Pounds Intereet on bonds.

per centum per annum, and the interest and principal upon such bonds shall be paid to the holder thereof at such place and at such time as may be specified or provided therein: I'rovided that the pincipal shall not be payable or pa,id before the expiration of twenty-five years, and the time appointed for payment thereof shall not extend beyond fifty years from the issue of the said bonds.

7. AI1 sums of money raised or received by the 'I'recsurer Application of

mOner.

upon the security of the said bonds shdi be carried by the said maintenance, and management of the undertaking, and shall be by him paid to the Cvmnlissirmer in such amounts and maniler as the Governor, by any warrant mder his hand, msy from time to time authorise and direct.

8. The Treasurer shall and is hereby required in each and apart half-yearly fur

every half-year from the first raising of any sum S of money under payment of principal

the authority hereof until the whole of the amounts so raised and and inte"'t-

all interest ihereon shall have been duly paid to set apart such sum

as shall suffice to pay the amount of bonds redeemable during the

ensuing half-year cogether with interest upon all bonds which .shall

then bear interest, and shall apply such Pun1 in payment of such

bonds and interest aforesaid in manner specified in such bonds.

9. The Governor may from time to time by warrant under his vanoe Governor moneys may to ad- be

hand, countersigned by the Chief Secretary of the said province, ,,,,d. authorise the Treasurer to advance and pay to the Commissioner for the purposes of this Act any sums of money not exceeding in the	whole the sum hereby authorised to be raised, and any sums of	money so advanced and paid shall be retained by the said Treasurer
out of any moneys raised by him under the authority hereof.

10. One equal third part of the interest becoming due in respect ~; ~ ~ ~. ~ O a n ~ how

of the said bonds, shall be a charge upon and paid out of the General Revenue of the said province, and the remaining two equal third parts of such interest shall be a charge upon and paid out of the sewerage rates hereinafter provided for.

11. The interest accruing due in respect of the aforesaid bonds certain intemt fo be

before such sewerage rates shall begin to accrue, shall be considered "@d*mapiuL*

as capital moneys expended for the purposes of the undertaking, and

shall be carried by the Treasurer to the debit of the Commissioner,

and shall bear simple interest at the rate of Four Pounds per centum

per annum, payable half-yearly, and such interest shall be a charge

upon and paid out of such ewera age rates. 12. The

41" & 42O VICTORTB, No. 106.

Adelaide $ t w e ~ s Act.-l 878.

-

AppEcatioo of

aawemge rates.	12. The sewerage rates hereinafter provided for shall be applied-
I. In payment of all expenses of and connected with the working and maintenance of the undertaking:
11. In payment of two" equal third parts of the interest becoming

due in respect of the aforesaid bonds, and in payment of the interest becoming due in respect of the moneys carried to the debit of the Commissioner undcr the last preceding section hereof:

111. In payment of the annuttl sum of Twelve Hundred and Fifty Yourids to be set apart by the Treasures as a sinking fund, and to bc applied by him in manner hereinafter provided.

$inking fund. 13. The Treasurer shall carry such sinking fund to a separate account to the credit of the Commissioner, and shall allow compound

interest thereoil at the rate of Four Poui.161~ per cent. per annum, with half-yearly rests to the intent that such sinking fund shall accumulate u n t s sufficient to pay off the full amou~:t doe in rcspect of the aforesaid bonds, and also the moneys debited to the Commissioner under the authority of the eleventh section hereof; and when such sinking fund shall be sufficient for the purposes aforesaid, the same shall be applied to the redemption of such bonds and in payment of such moneys.

Annual accounts to be

published. 14, In each year the Commissioner shall cause to be prepared for the year preceding under the distinct heads of rwtipts and expendi-

ture, an account in abstract of 211 moneys advanced to him, and of all sewerage rates, and other moneys levied or received by him for the pwposes of the undertaking, and also of all moneys expended by him for such purposes, and of the manner in which such moneys were expended. Xach such account shall contain a statement of the balance of such account, and shall be duly audited and certified by the Auditor-General of the province; and a true copy of such account in abstract shall be published in the Govelrement Gazette on	or before the thirty-first day of	December in the year in which it is
prepared.

INCORPORATION AND POWERS OF THE COMMIS-

SIONER,

. ,

Commiesion~ r. 15. The Commissioner of Public Works for the time being shall

be the Commissioner of Sewers.

Commi~sioner	to be a	16. The Commissioner and his successors in office shall be, and body corporate under the name ant1 title of " The Commissioner of Sewers," and shdl, by that name, be capable forthwith of exercising
body corporate.	he is and they are hereby made for the purposcs of this Act, a
all the functions of an ir~corporated body, and shall have, by that,
name, a perp~tual successiop and a seal, and shall and may by that
name s u ~ or be sued, plead .or be impleaded in all courts a.nd before all justices of the peace and othrs, and shall have power to

purchase,

41" & 42' VICTORIA$ No. 106. -

Adelaide Sewers Act.- 1878.

purchase, take, hold, or dispose of lands and other property, for the

purposes of the undertaking.

of this Act, such engineers, managers, secretaries, clerks, collectors, appoint officers. 17. The Commissioner may appoint and employ for the purposes Commissionermay

messengers, and other officers, at such reasonable salaries and remu- nerations as to him shall seem fit: Provided that the 'salaries and remunerations of all persons appointed or employed by the Com- missioner under the authority of this Act shall be annually voted by Parliament.

18. The Commissioner may make all such regulations as may Commissione~m~J

seem to him expedient- make regulations.

J. For protecting the undertaking, and every part thereof, from

trespass or injury:

11. For regulating, in regard to dlainage, the plans, inclination, and the materials of the pavement and roadway of public and private streets, and the plans and level of sites for buildings, and the levels of the bottoms of cellars, and the lowest parts of buildings, and the drainage of streets into sewers:

111. For regulating the dimensions, form, and mode of con- struction, and the materials, and the keeping, cleaning, and repairing of the pipes, drains, and other means of communi- cating with scwers, and the fittings and apparatus connected therewith for the emptying, cleansing, closing, and filling up of sinks, cesspools, and privies, and for such other works of cleansing and of removing and dieposicg of refuse as the Conlmissioner is authorised to perform:

IV. For prohibiting the use of any form of or any mode of management of any baths, water-closcts, soil-pans, sinks, cesspits, wells, and other receptacles and fithlgrs the us(: of which may in his judgment tend to any fouling or cou-

tarnination or to endanger the public health:

v. With respect to ~ q p l a t i n g the conduct of thc officers,

workmen, and servants appointed, employed, or hired under, and for the purposes of this Act, and for the making, levying, and collectirig of semcrage rates hcreinafter pro- vided for, and for providing for the due management and use in a11 rcspects of the property of the Commissioner and of the undertaking, and for its construction, completion, main- tenance, and cxtension, and for carrying into effect the pur- poses of this Act generally.

And the Colnrnissioner may, by such regulations, impose such

reasonable penalties as he may think fit, not exceeding Ten Pounds, for breach of such regulations; and in case of a continuing offence, a further penalty, not exceeding One Pound, for each day after notice of such offence shall have been given by the Commissioner

to

to the offender. No regulation made by the Commissioner pursuant to this sectim shall have any force or effect until approved by the Governor, and every such regulation made, or purporting to have been made, in pursuance of this section shall, when approved by the Governor and published in the Government Gazette, have the forcc

of law.

unde*akin6 to

in Commimoner. 19, The whole of the undertaking and all the materials and things which shall at any time be and form part thereof, shall vest in the Commissioner, and shall be deemed to be his property, m d shall be held and used by him for the purposes of this Act.

Papents to be made

on account of

20. I t shall be lawful for the Treasurer, under the authority of the Commissioner, to pay out of any moneys at his disposal, under this Act, any sum due by the Comnlissioner under any agreement lawfully made for and in accomplishing any of the purposes of this Act, and any sum recovered against tlie Comaiissioner by any process of law or equity, and any sum which by any order made or purport-

Commiaa~oner.

ing to he made under this Act, the Commissioner is directed to pay

for or by way of compensation, damages, costs, fines, penalties,

forfeiturcs, or otherwise howsoever.

Q o n ~ m i w ~ ~ ~ r not to

be personally liable. 21. The Commissioner shall not be persoilally liable to pay or make good any sum of money which shall at any time be recoverable under this Act from him or be due by him as Conmissioner, or recovered as dnnlages for m y act done, or omitted to be done by him Sii the Fond fide belief tbat he is acting in pursuance of this Act.

Commissioner may 22. Thc Commissioner may authorise such persons as he shall

doLegab hi.p0wer8s think propel; to do all and any of the acts, matters, and things

which the Commissioner is hereby authorised or required to do, and every person so authorised shall have and enjoy all such and the like powers as are hereby conferred on the Commissioner

such acts, matt~rs, and things, when done under such a-athority,	enabling him to do such acts, matters, or things respectively, and all	shall be as valid and effectual as if' they had been done by the Commissioner, and every person so authorised shall have and enjoy in respect of every such act, matter, or thing, so done by him, all such immunities from persor~al liability as the Cm~missioner would have and enjoy if he had done such act, matter, or thing.
THE CONSI'RUCTION, MAINTENANCE, AND EXTENSION

OF THE UNDEK1'AKING.

Drainage area, 23. It shall be lawful for the Governor from time to time by Proclamation to be published in the Government Gazette, to declare that any land suburban to or in the neighbourhood of the City of '4 delaide, and defined in such Proclamation, shall be contained' within and form part of the drainage area.

24. The

41° & 42" VICTORIAE, No. 106.

Adelaide Sewers Act.-1878.

24. The Commissioner shall as soon as conveniently may be cause Survey and map to be

to be made a survey of the drainage area and land not included madeOfdr*na@;earw-

therein forming part of the undertaking, and a map thereof on such

scale and with such indications of levels and particulars of sewers

and underground works and of thc surface as the Commissioner

shall think expedient for the purposes of this Act, and the Commis-

sioner shall, at least one calendar month before beginning to construct

any portion of the undertaking, cause a notice to be published in

the Govemment Gazette, that such map is open fbr public inspection,

and the same may thereupon be inspected at the office of the Com-

missioner at all reasonable times by the owners and occupiers of

land or premises within the drainage area. And the Commissioner

may cause such map, or any part thereof, to be copied, engraved,

or published as he may think fit, and shall from time to

time cause the same to bc revised and such additions made

thereto as rmy show any new aervers and drains and new

streets, houses, and other alterations, and the date of revision

ehakl be expressed thereon, and every such map shall be kept in the

office of the Commissioner, and the same or a copy thereof s l d l be

open at all reasonable times to the inspection of the owners and

occupiers of any lands or premises within the drainage area.

on lease fur such terrn as he may think fit, with or without right of purobaso or lease land. 25. It shall bc lawful for the Commissioner to purchase or take Commissioner may

purchase, any land or premises which he may think i~ec~ssary for the purposes of this Act or for the formation or protection of any works which he is authorised to execute under this Act, also any sewage farms, offices, buildings, yards, stations, or places for deposit

of refuse, material, or things, or any land for the formation or

ercction of such sewage farms, offices, buildirrgs, yards, stations, or

places for deposit as aforesaid.

26. I t shall be lawful for the Cornniissio~~er at any time, sub- Commissionermay

ject to the provisions herein contained, to make ant1 construct construct sewars.

sewers, drains, and works with all necessary fittings, of such	construction, and in such manner as he shall think expedient, for
the purpose of effectually draining the drainage area, and it shall be lawful for the Commissioner, subject to sach provisions, to carry any such sewers and drains through, across, or under any public or private street, and any cellar or vault which may be under the pavement of any public or private street, and into, through, or under any lands or premises whatsoever, makiug compensation for any damage done thereby, as herein providcd; md, subject to such provisions, to break up any street and the soil, pitchings, and pavements thereof, and to excavate and sink trenchtv for the purpose of laying down, making, and constructing such
sewers and drains therein, and to cause such sewers to discharge
upon such land as may be acquired by the Commissioner
for that purpose, or to cause such sewers to communicate with the sea as the Commissioner may think expedient, and also from time to
time to open, cleanse, and repair such sewers, drains, and fittings, and alter the position nr construction thereof, and to make an.y drains

to

10%-B

41' & 42" VIC'I'ORZB, No. 106. -------v

Adelaide Sewers Act,-1878.

to any main sewer from any land or premises within the drainage area for thc purpose of cleansing and draining any such land or premises by means of such drains and sewers, and to do all such other acts, matters, and things as he shall from time to time deem necessary and proper for making, amending, attaching, altering, repairing, completing, or improving any such sewers, drains, fittings, or other warks to be made, done, and provided for the purposes of this Act: Provided that the Com- missioner is hereby required to build and construct the said sewers, drains, fittings, and other works in a suficient and effectual manner for accomplishing the purposes of this Act.

Commissioner may 27.

The Commissioner may make and erect such dams andreservoirs as hc may think expedient across and in the bed of the River 'I'orrens, or elsewhere, for the purpose of retaining water t;, flush and cleanse the sewers and drains for the time being vested in the Comrnissioncr, and may lay pipes therefroin for the purposc of conducting water to all or any of the said sewers and drains.

construct dams.

Poaition of dams.	28. Such dams and reservoirs may be erected at such points in the bed of the said rivcr or at such other places as the Commiasioncr shall think proper, and may be constructed of such materials and
in such manner as the Comrnissioncr may think expedient.

Power to construct 29. The Commissioner shall coi~struct and erect all works neces- aocommodation works sary for making good the interruption causcd by the exercise of any

of the said powers to the possession or enjoyment of any lands adjoining or near any part of thc ~lndertaking~ or otherwise necessary for the accommodatjon of surh lands; 2nd if any difference shall arise respecting the cor?struction of any such accornrnodation works or the k i~ id, or size, or sufficiency thereof; the same shall be determined by two justices in the manner provided by the Lands Clauscs Consolidation Act for the determination of questions of

disputed compensation.

Power to make roads. 30, The Commissioner may make and maintain upon or over the lands which shall have been taken or used for the purposes of this Act and the undertaking, such roads or other like means of communication as he may deem necessary or proper for effectually executing such purposes, and making all proper ilpproaches to the undertaking, whether such approaches are permanent or needed only for a temporary purpose; and may repair, amend, and fence in such roads or other means of cornmunicatior., and may cause all or any of them to be used exclusively for those p&poses, or may, at his discretion, permit the public or any particular person 61 usc all or any of them, upon such terms and subject to such conditions as he shall think proper to make or impotw, and he shall have power to dedicate all or any such roads or other means af commu- nication pcrrnanently to the use of the public; but the public or any particular person shall not acquire any right to use, or any

privilege

41" & 4 2 O VICTORIB, No. 106.

Adelaide Sewers A c t. 1 8 7 8.

privilege or easement in respect to all or any of them, save such as shall be expresscly granted or dedicated by the Crsmmissioner in conformity with this section.

31. For the purpose of constrrrcting, extending, and main tniliing Power to break up

the undertaking, the Commissioner, undcr such superintcndcllce as streets.

is hereinafter specified, may open and brcak up any street and the soil

and pavement thereof, and any sewers, drains, or tunnels within or

under such streets, and may lay down and place such scwcrs, drains,

fittings, and other works and engines as he shall deem necessary, and

repair, alter, or remove any of them, and for the aforesaid purposes

may remove and *use all earth and materit~'1s in and urider such

streets, and do all other acts which he sliall deem nwesstiry or

expedient for constructing and in ain t aining the unclcrtalring, and

shall do as little damage as can bc in thc execution of the powers

hereby granted, and t6r any damage which may be donc i n the

execution of such powers, he shall make compensation in the manner

provided for the settlement of disputed claims for conipensation by

the Lands Clauses Consolidation Act.

32. Before the Commissioncr opcns or breaks up any street, sewcr, Notice to be served

drain, or tunnel, hc shall give to the persons under whose control or ,,,,,,,.

before breaking up

management the same may be, or to thcir clerk, surveyor, or other officer, notice in writing of his intentiou to open or break up the same, and such notice shall be given not less than three clear days before beginning such opening or breaking up, cxcept in such casts of emergency, as in the opinion of the Commissioncr justify him in omitting to give such notice, and in cvcry such taw hc shall give the notice as soon as he convcniently can after the beginning of such opeuing or breaking up, or after the necessity for the same shall have arisen.

33. No such street, sewer, drain, or tunilel shall, cxccpt in thc case streetnot tobebroken

of such emergency nu aforesaid, be opened or bro1rc.n up except under intendence.

up except under super-

the superintendcncc of the persons having the control or management

thereof, or their officer, and according to such plan as shall within

such persons or their officer, and approved by the Commissi<;lncr,

or in case of any difference respecting such plans, then according

to such plan as shall bc determined by the Surveyor - ! ieneral

or other competent officer to be appointed by the Governor:

the three days next after the receipt of such noticc be proposed by management as aforesaid, or their officer, after haviug received such notice as is mentionei in the next prcccding section, fail to attend at the time fixed for the opening of any such strcct, sewer, drain, or tunnel, or shall not, within the three days ncxt after rcccipt by them of such notice, propose any plan for breaking up or opening the same, or shall refuse or neglect to superinfellcl the operation, the Commissioner may perform the work specified ill such notice with- out the superintendence of such pcrsons or their officer; and in case s w h a plan has been proposed by such persons, but a difference

respecting

41*& 42' VICTORIB, No. 106.

-- ,

Adelaide & w e ~ ~ Act.-l 878,

respecting it has arisen, then the commissioner shall not commence any such work until some plan has been determined upon in that behalf by the Surveyor-General or other competent officer appointed by the Governor as aforesaid.

Streets broken up to	34. When the Commissioner shall open or break up any street or any sewer, drain, or tunnel, he shall with all con- venient speed complete the works for which the same shall have been broKen up, ana fill in the ground, and reinstate and make gaod the road or pavement, or the tunnel so opened or broken up, and carry away the rubbish occasioned thereby, and shall keep the road or pavement which has been so opened or broken up in good repair for three months after replacing and making good the same, and for such f urther time, if any, not being more than twelve months in the whole, as the soil sd opened or broken up shall continue to sub- side, and shall at all times, whilst any such road or pavement shall be so opened or broken up, cause the same to be fenced and guarded, and shall cause a light sufficient for the waming of passengers to be set up and kept thereagainst every night during which such road or pavement shall be continued open or broke11 up.
be reinstated without
delay.
Compensation for
delay in reinstating	35. If the Commissioner shall open or break up any street, or any sewer, drain, or tunnel, without: giving such notice as herein- before is provided, or if the Commissioner make m y unnecessary delay in completing any such work, or filling in the ground, or reinstating and making good the road or pavement so opened or broken up, or in carrying away the rubbish occasioned thereby, or if he shall neglect to came the place where such road or pavement has been broken up to bc fenced, guarded, and lighted, he shall make to cvcry interested person reasonable cornperisation for any damage actually sustair,ed by such person through or in consequence of any such act, delay, or neglect; and the amount of such compensation, if it has not been agreed upon between any such person and the Commissioner, shall be fixed by two justices in the manner provided by the Lands
streets.
Clauses Consolidation Act for the determinatiou of questions of disputed compensation.

ties other than the 36. If the Commissioner, having, for the purposes of the under-	In certain cases par-
commissionermayn- taking, opened or broken up any street, keeps the same open or
instate. broken up longer than is reasonably necessary, or makes any unne-

cessary delay in filling in the ground, or in reinstating and making good the road or pavement of any such street, or in carrying away the rubbish occasioned thereby, or if he shall neglect to muse the place where such road or pavement has been opened or broken up to be fenced, guarded, and lighted while it is so opened or broken up, the persons having the control or management of the street, in respect of which such delay, omission, or neglect shall have taken place, may cause to be executed or done the work or act so delayed, omitted, or neglected to be executed or done; and all the reasonable expense' of executing or doing the same shall be reimbursed to them by the Commissioner, out of any moneys at his disposal under this Act;

and

41' & 42O VICTORIB, No. 106. p p- -

Adelaide Sewers A c t. 1 8 7 8,

and if any dispute arises between them and the Commissioner,

touching the nature, legality, or amount of the expenses claimed by them in that behalf, every such dispute shall be determined by two justices, in the manner provided by the Lands Clauses Consolidation Act for the determination of questions of disputed compensation,

87. Whoever shall wilfully pull up or remove any poles or stakes Penalty m intertet

driven into the ground for t h ~ purpose of setting out the line of the ence

works connected with thc undertaking, or deface or destroy any works made for the same purpose, shall be liablc to a penalty not exceeding Five Pounds for every such offence.

3h. If the Commissioner shall at any time deem it necessary for water andgaspipoil

the purposes of the undertaking, to raise, sink, or otherwise alter ,,,v.	to be altered when
the situation of any water or gas pipes, mains, plugs, or other waterworks or gasworks laid in or under any street, he may, by notice in writing, require the person to whom the pipes, mains, plugs or works belong, to raise, sink, or otherwise alter the situation sf the same in such manner and within such reasonable time as shall
be specified in such notice, and the expenses attendant upon or
connected with any such alterations shall be paid by the Commis- sio~er, and if such notice shall not be complied with the Commis- sioner may make the alterations required: Provided that no such alteration shall be required or made which will permanently injnre any such pipes, mains, plugs, or works, or prevent the water or gas from flowing as freely and conveniently as usual.
39. The Commissioner shall cause the sewers which shall at any time be vested in him, and all private drains and sewers, to be	a o m m i ~ i o n ~ t o keep
sewers cleanred.
constructed, covered, and kept so as nog to be a nuisance or injurious to health, and to be properly cleared, cleaused, flushed, and emptied, and for the purpose of such clearing, cleansing, flushing, and emptying, the Commissioner map con- struct or place, either above or underground, such reservoirs,
other works as he may think necessary, and may contract with	sluices, engines, manholes, lampholes, ventilators, entrances, and
the Commissioner of Waterworks for the said province for the supply of such quantity of water at such times and such places, and in such manner as he may think fit, and may cause all or any of such sewers to communicate with and be emptied into such places as he may think proper, and may cause the sewage and refuse therefrom to be collected for sale, or for any purpose whatsoever, but not so as to create a nuisance.

40. So soon as any sewer, or any part thereof, shall be owners and oocupicra

completed so as to be ready for use in any street or other place ,,~,s,,,,,	to make drain8 to
within the drainage area, the (7ommissioner mav demand that the owners or occupiergoof any land or premises shall cokstruct such drains and fittings from and in connexion with such land or premises, to communicate with such sewer, as the Commissioner may pre- scribe; and such demand may be made by giving a notice thereof in

writing,

41" & 42" VICTORIB, No. 106.

writing, signed by the Commissioner, to such owners or occupiers, or by leaving the same at such land or premises, and siwh drains and fittings shall be made, coiistructed, and attached, accord-

ing to such plans and directions as the Commissioner shall think

proper for effectually carrying off all impurities from the said land or premises, and so much of the cost of such drains and fittings as shall be made and constructed in any street shall be paid for by the Commis- sioner, and the remainder by the owners or occupiers thereof; and such owners or occupiers shall also, when required in manner afore- said to do so by the Commissione~, at their own expense alter or repair such drains and fittings in such manner as the Commissioner shall from time to time think expedient.

Commissioner t o make 41. The Commissioner may, by such notice as aforesaid, require such owncrs or occupiers within such time ss the Commissioner may limit in that bchalf; and if the saine shall not be made within the prescribed time, or if thc same shall not be madc, constructed, and attachcd in cvery respect according to such plans and directions as aforesaid, it shall bc lawful for thc Con~missioner to make, construct, ancl attach the same, and for that purpose to enter upon the land or premises of such ownem or occupiers, and excavate the ground, and to rnakc, construct, and lay down such drains ancl fittings in, along, or over the land and premises of any person; and in such case the Cornmissioncr shall be entitled to recover fiom every such owner or occupier, in a summary manner, befme any two justices of tllc peace, the full amount of the expense of making such drains and fittings: Provided that no such proceedings shall in any case be taken until dehult s h d have been made in payment of' such expenses for twentponc clays after a signed denland by the Commissioner, for paymckt of aurh expenses shall have been given to such owners or. ocrupicrs, or shall have been left at the land or premises in respect of which such clrnin and fittings shall have

hinBindefau't
compliance with	such drains and fittings to be made, constmctecl, and attached by
orders.
been made, constru~ted, or attached.

NO ceespit to be con- 42. After the conatruction of such drains shall have been corn- pleted, it shall not be lawf~d for the omers or occupiers of any such land or premises, without the written permission of the Commissioner, to make or dig any cesspits or wells fur the purpose of receiving or holding any sewage matter; and any person wllu slrall so make use of any cesspit or well without such permission shall, 0x1 conviction, forfeit and pay for each offelice a penalty not exceeding Five Pounds.

etructed or used o f m

drains

Drains how t o be

43. In every case where any such owner or occupier shall make, attach, alter, or repair any such drain or fittings, all and every thc provisions of this Act relating to the ground soils, pitchings, and pavements to be opened or broken up and reinstated, and making good and guarding the frame, and repairing other damage, shall be complied with and observed by and apply to every such owner or occupier or other person, and their agents, servants and workmen, in such and the like manner as is herein mentioned with respect to any sewer OY fittings to bc made or repaired by the Com-

constructed.

missioner

missioner, and upon default herein in any particular the said several matters may be forthwith done and performed by the Commissioner, and such owner or occupier or other person shall on conviction of any such default before two justices of the peace be liable to pay the expenses so incurred by the Commissioner, and which may be occasioned by such default, together with a penalty not exceeding

Five Pounds for every such default.

44. No person shall without having previously given one week's NO private drain or

written notice to the Commissioner construct or alter any drain, Gthout	sewer to be made
or fitting communicating with any sewer, and no person shall under any cir.cumstances construct, attach, or alter any such drain or fittting, except according to sudr plans as the Commissioner may approve, and in such manner as he may direct. Any person con- travening the provisions of this s&ion shall on colzviction forfeit and pay a penalty not exceeding Fifty Pounds.

45. All drains and fittings communicating mith any sewer Drains to be cleansed

shall from time to time be repaired and cleansed under the inspection or direction of the Commissioner at the expense of thr occupiers of the land or premises in respect of which the said drains shall have been constructed; and in case any such occupiers shall neglect to repair or cleanse any such drain according to the direction of the Cornnlissionrr, he shall, upon conviction, for every such offence forfeit and pay s penaltlty not exceccting Five Pounds.

46. Any owners or occupiers of any land rx l~rerniscs adjoining Owners beyond

or new to, but beyond the limits of the drainagc area, may cause dramage area.

any drain or sewer from such premises to communicate mith any sewer made by or vested in the Comlnissioner, upon such terms and conditions as shall be agreed upon between such owners and occu- piers and the Commissioner.

tube for any sewer or drain tJo be attached to thc cxterior wall of made. 47. The Commissioner may cause any ventilating shaft, pipe, or Ventilt~tora may be

any building within the dminagc area: Provided that the mouth of every such shaft, pipe, or tube shall be at least six feet higher than any window or door situatc within a distance of thirty feet therefrom.

in readiness for use, such drains and fittings as are necessary for whom payable. 48. The cost of providing, laying down, constructing, and fixing cost of drains by

draining any land or premises, shall bc payable by the occupier or lessee of such land or premises, when such land or premises shall be held by such occupier or lessee for a term whereof a period of more than five years remains unexpired at the time of such cost being incurred, and when the unexpired term of such lease shall at such time be less than five years, one moiety only of such cost shall be payable by such occupier or lessee, and if such occupier or lessee shall have paid the full amount of such cost, he shall be entitled to

recover

41" & 420 VICTORIE, No. 106,

Adelaide &ewers A c t. 1 8 7 8.

recover one moiety thereof from the owner or lessor of such land or premises or may deduct such moiety from the rent due or to accrue under his lease. If the owner or lessor of any land or premises shall have paid any such cost or moiety thereof which should have been paid by such occupier or lessee, such owner or lessor shall be entitled by action at law to recover from such occupier or lessee the amount oi such cost or moiety thereof, ss the case may be, or may recover the same by distress in the same manner as the rent under such lease is recoverable: Provided that the provisions of this section

shall not invalidate or affect any contract.

PROVISIONS FOR THE PROTECTION OF THE

DRAINAGE WORKS.

P f c tice of buil~ing or

rebuilding to be given

49, Any person intending to build any new house, or rebuild any house within the drainage area, shall, at least fourteen days before beginning to dig or lay out the foundations thereof give to the Commissioner written notice of such intention, together with full particulars of the levels or intended levels of the cellar or lowest floor, and of the situation or construction of the privies, cesspits, and drains to be built, constructed, or used in connection with such house; and no person shall begin to build or rebuild any such house, or build or construct any such privy, cesspit, or drain until the particulars so required to be stated shall have b e n approved by the Commissioner, who is hereby tequired to signify his approval ol otherwise within the space of fourteen days after receiving such notice; and any person failing to deliver such notice as afosesaid, or either wholly or partially building, rebuildinq, or constructing, or causing to be either whdly or partially built, rebuilt, or con- structed, any such house, privy, cesspit, or drain, without such approval shall, on conviction, forfeit and pay a penalty not ex-

to Comrmseioner.

. ceeding Fifty Pounds.

Powerto p ~ i l d o w n 50. If any person shall build, rebuild, or construct any house,

,	buildings.	privy, cesspit, or drain, in contravention of the last preceding section,	it shall be lawful for the Commissioner to pull down or demolish the
same, and the expenses of and incident to such demolition shall be recoverable from such person in manner hereinafter provided.
Power to Commis-	51. I t shall be lawful for the Commissioner, or for his surveyor or inspector, or such other person or persons as he may appoint, to inspect any land or premises within the drainage area, and any drain, watercloset, privy, cesspit, water supply apparatus, or fitting, and for that purpose at all reasonable times in the daytime, after twenty-four horns' notice in writing has been given to the occupier of, or left upon such land or premises, or the premises to which such drain, watercloset, privy, cesspool, water- supply apparatus? or fitting is attached, or, in case of emergency, without notice, to enter, by himself or his Surveyor or Inspector or, workmen, upon any such land or premises, and, for the purpose of such inspection, to cause the ground to be opened in any place he think fit, doing as little damage as may be. 52. Every
'iOnertoauthoriae	inspection.

$l0 & 42" VICTORIB, No. 106.

A d e l d e Sewers A c t. 1 8 7 8.

52. Every person who shall knowingly erect, construct, or place Penattiea on ptl On

any building wall, bridge, fence, obstruction, annoyance, or encroach- ment in, upon, over, or under any sewer or drain, and every person obstructing, filling in, closing up, or diverting any sewer or drain without the previous consent in writing of the Commissioner shall, in addition to any other penalty to which he may be liable thereby, forfeit and pay to the Commissioner a sum not exceeding Twenty Pounds for every such offence, and the Commissioner may demolish and remove any such building, wall, bridge, fence, obstrnc- tion, annoyance, or encroachment, and perform any works necessary for restoring or reinstating the sewer or drain so obstructed, filled in, closed up, or diverted, and the party erecting such building, wall, bridge, fence, or causing such obstruction, annoyance, or encroachment, or obstructing, filling in, closing up, or diverting such sewer or drain as the case may be, shall also pay the expense

of removing and abating such wall, bridge, fence, obstruction,

annoyance, or encroachment, or of reopening, restoring, repairing, or reinstating any such sewer or drain obstructed, filled in, closed up, or diverted; and in case of a continuing .offence in any of the cases aforesaid, the offender shall be liable to a further penalty not exceeding Fivc Pounds for each day after notice thereof shall have beell given by the CJommissioncr to s~wh offender, and such penalties and expenses shall be recoverable either by action at law or before two justices in a summary manner at the option of the Commissioner: Provided always that nothing herein con- tained shall extend to prevcnt or impede the maintalnence, repair, or rene~7al of any buildings or work3 under which a s e w or drain ha8 been or may be constructed, but so nevertheless that such biddings or works shall not injure or ohstrnct any such sewer or drain.

53. The exclusive control of all gutters. shoots, grates and street drains, to be under the control

openings in the streets, within the (\winage area, communic~ting	.f commi8si,,,.
directly or indirectly with the sewers vested in the Cornmissloner
by whornsoever such shoots, grates, and openings may have been	made or may be maintained or managed, shall belong to and the
same is hereby vested in the Commissioner.

56. Beforc beginning to lay the pavement or hard surEace of any Notice of making and

new street, or to re-lay the pavement or hard surface of any existing gven to Corn. re-laying street8 to be

street, the person authorised or intending to do so, hall give to the missioner.

Commissioner fourteen days' notice thereof in writing, accompanied

by a plan showing by ref&ence to some datum line established by

the Commissioner, the proposed level and surface inclination of such street and the nature of the pavement or hard surface proposed to be made or laid thereon, and the Commissioner, within seven days after receiving such notice, may specify by notice given to such person. any and what alteration in the proposed level inclinations or material he may think requisite, and such person shall make such alterations accordingly.

o o m m ~ ~ ~ r m a p 5fi. NO pepon shall, without t b written permision of the

* & W o a d	n i b b ~ w ~ ~ l	&fl)wis8ioffer, aweep, rake, or place any dust, sail, rubbish, filth, or
pny other thing into my sewer, or over any grate communicating with wch sewer; and no person shall, without such permiasioe, knowingly sqffe~ any dust, soil, rubbish, filth, or othsr thing from the pzeMses of puch perdon to obtain admission into any sewer; and every person who @hall so offevd shall, for every such offence, forfeit
and pay a penalty n ~ t exceeding Five Pounds. No storm wakrs
or surface drainage of atreets s21al.I be admitted into any sewer
except with the e%ss approval and consent of the Commi&oner.
Agreement with c m
rmesioner.	56. It shall be lawful fix the Commissioner, by agreement with and at the expense of the owner or occupier of any land or premises
witbin the drainage area, to execute any drainage works on suah land or premises which such owner or occupier may be desirous to
have so executed thereon,
Penaltoforaestroyhg

aewers and fittings. 57. Every person who, not being authorised thereto by the Corn

missioner, shall n ilfully or carelessly break, injure, or open, or shall wilfully permit to be broken, injured, or opened, any sewer, drain,

or fitting, or any work, engine, or other part of the undertaking, shall, upon conviction thereof, forfeit to the Commissioner, for every

such offence, a sum not exceeding Five Pounds, besides the amount of the expense to which the Cammissioner may be put in respect thereof in repairi~g such sewer, drain, fitting, work, engine, or part of the undertaking, and the amount of such expenseshall be ascer- tained, determined, asd recovered in the same manner as such for- feited sum.

penttlty for inter-	58. If	any person at m y time obstruct, hinder, or molest any
rupcinq ofllam, h

of	surveyor, inspector, collector, or other officer, workman, or person whomsoever employed by virtue of this Act in the performance or execution of hi<du"ty, &ery mch person so offending shall for the first offence forfeit and pay the sum of Five $billings, for the second
the sum of Five Pounds. offence the sum of Twenty Shillings, and for any subsequent offence

penalty on occupiers

obetruoting execution to allow the owner thereof to carry into effect with respect to such 59. If the ocrupier of any land or premises fihall refuse or neglect

premises any of the provisions of this Act, or any order of the Com- missioner made in pursuance thereof, he shall be liable to a penalty not exceeding Five Pounds for every day during the continuance of' auch refusal or neglect And if the occupier of any premises when requested by or on behalf of the Commissioner to state the netme and demription of the owner of tbe premises occupied by him shall refuse nr filfully D& to disclose, ar wilfully misstate the same, it shall be lawfyl &r any jeetice to eummon the party to appear before him Qr *m@ nthe?; justice at a. time atnd daoe to be appoirztd in such . s u m m ~ ~ ~ ; qpd if the put7 50 mmrn~nsd shall neglect or refuac*to attend at the time and place so appointed, or shall not show good cause

for s~uch refusal, or if such wilful omission or misstatement be

pr wed,

41°& 42' VICTORFB, No, 106. 19

- - - --

Adelaide & ~ e r ~ Aot.1878.

7

proved, the justice before whom the party is so mmmoned may im-

p o ~ upon the offender a penalty not exceeding Five Pounds.

ASSESSMENT AND RATING.

60. As early as he conveniently can in each year, the Commissioner Commissioner to make a n w l WW-

shall make, for the purposes of this Act, such an assessment as is in ,ent.

this Act described, and notice of the making thereof shall be pub-

lished by the Commissioner in the Government Gazette so soon as he

conveniently can after it has b e n made. Immediately upon such publication, such assessment shall be deemed to have been in force from the commencemeut of the then current year, and ghali, unless lawfully altered within that year, continue and be in force until the end thereof; but if such assessment is lawfully altered within that year, then such assessment, as so altered, shall be deemed to have been in force from the commencement of that year, and shall continue to be in force until the end thereof: Provided always that the assessment, which is in force on the last day of any year, hall continue and be in force during the whole of the next year, if the Commissioner shall so direct by a notice published in the Government Gazette before the first day of February in such next year. Such assessment shall be made according to the full, fair, and average estimated annual value of the lands and premises assessed, and clear of all outgoings; and shall be written in a book, wherein shall be specified, in separate columns, the names of the respective occupiers and ovvners, or agents of the owners, of such lands and premises, so far as those names can be ascertained, and also the estimated annual value of the several lands and premises, with a succinct description of such lands and premises. Such of those lands as are vacant lands shall be distinguished as such in the said book.

61. The annual value of all vacant lands shall be estimated at ~ n n u a ~ v n b o f

five per centurn per annum on the market value thereof, and the ,,,d.	lands, how esti-
annual value of all other lands shall be estimated at the full, fair,	and average estimated annual rent, clcar of all out-goings, at which	the land would let on a lease of not less than twenty-one years,
or by the foot-frontage on a building or improving lease for the
same term.

62. In each assessment made by the commissioner for the pur- what # h r ~ be

poses of this Act, he shall assess all lands and premises situated

withh the drainage area, except-

1. Lands and premises which are used by the Government of the

province, or by the officers or servants of such Government,

exclusively for the public purposes oi such Government:

11. h d s and premises which arc occupied and uml by the Muni- cipal Corporation of the City of Adelaide, ar by my other Municipal Corporation within the chainage area, exclusively for Xdc ip l purposes, and are not underlet to or occupied

for

P 41' & 420 'VICTOIEWiB, No, 106,

Adelaide &wws Act .1878.

f6r other than Municipal purposes by tenants of such Cor- porations respectively: Provided that no lands or buildings which such Corporations may have a right to resume at will or upon three months' notice shall be deemed to be liable for sewerage-rates after such resumption:

111. Lands and premises used exclusively for charitable purposes,

also churches, chapels, and buildings used exclusively for

public worship, and State schools.

Appointment of

aaaewors, and adoption	63. For the purpose of making any such assessment, the Com- missioner may appoint any person to assess the whole or part of such lands and premises, and may, if he think proper, adopt either wholly or in part any assessment then in forcc which shall have been made by, or by the authority of, any Municipal Corporation or District Council.
of auaesement.
Ominsiom in asaees-	64. Whenever auy land or premises which in the opinion of the Commissioner ought to have been or ought to be assessed for the purposesof this A& is not so assessed, the~gmmissi~ner may cause the same to be so assessed, and after the same shall have been so assessed, shdl, so soon as he conveniently can, alter and amend the assess- ment then in force, and the corresponding assessment -book, in such mariner as shall seem to him proper in that behalf. If such lands or premises were, at the commenoemknt of the then current year, assessable under this Act, the owner or occupier thereof shall there- upon be liable to pay and be charged with the whole amonnt of the sewerage-rate for that year; but if they lrive become so assessable since the commcncemcnt of that year, such owner or occupier shall be liable to pay, and charged with, only such proportionate part of that ycar's sewerage-rate as to the Commissioner shall seem just.

m e ~ t	m ~ y	be cor-
moted.

Power to inspect 65. The Commissioaer, or any person having an order for that

aaaeesment books.	purpose under the Commissioner's hand, shall be entitled as of right, at a11 reasonable times, to inspect free of charge, all mte-books and
premises within the drainage area, and all other books and documents assessment-books then in use or in force, relating to any land or relating thereto, and may, free of charge, make and take copies thereof, or extracts thercfrom; and all persons having any such rate-book, assessment-book, or other book or document in his custody, power, or control, shall, at all reasonable times, and without any fee or charge whatever, afford to the Commissioner, and to all persons authorised as aforesaid by him in that behalf, free access to all such rate, assess- ment, and-other books and documents.
Penalty for not per-
mitting impeotion of	66. Any person who, having the custody of any rate-book, assess- ment-book, 01' other book or document mentioned or described in the last p~eccding section of this Act, shall wilfully neglect or refuse to permit the Commissio'ner, or any other person having an order for that purpose, under the Commissioner's hand as aforesaid, to inspect the same free of charge, or to make and take, free of charge, copies or

assessment book.

extracts

41" & 42' VICTORIAE, No. 106. 21

I Adelaide Sewers A c t. 1 8 7 8.

extracts from the same within two days after a demand in writing and such written authority under the Commissioner's hand shall have been produced and shown tu him, or a copy thereof left at his usual place of abode, such offender shall, on conviction thereof forfeit and pay for every such offence, a penalty not exceeding the sum of Twenty Pounds.

So soon in each year as any such assessment shall have been made,

the assessment-book, or a truc copy thereof, shall be deposited in the book.

office of the Commissioner, and the same shall be open, free of

charge, to inspection of all persons interested between the hours of

eleven o'clock in the forenoon and three o'clock in the afternoon on

every day except Sundays, Saturdays, and public holidays.

Deposit of twe~~m=t-

6 7.

madc under this Act in any assessment or assessment-book, the Com- to be publiahed. , 68. So soon as he conveniently can after any alteration has been Notice of alteration

missioner shall publish in the Government Gazette a notice to the

effect that such alteration has been made.

69. If it shall at any time appear t ~. the Commissioner that c o m i ~ i o n e r e ~ * powered to correct ar-

the name of any person has been inserted in any assessment or seesmeat..

assessment-book; as the owner or occupier of any lands or premises

in respect of which some other person ought to have been as*

sessed, or that any other matter purely of error needs rectifi-

cation in such assessment or book, the Commissioner may causc

such assessment to be rectified as he shall think proper, and a

description of thc lands or premises so omitted, and the name of the

owner or occupier to be inserted in such assessment an6 book,

togciher with the annual valuc at which such lands or premises shall be assessed, and may also substitute tor the name of any person erroncausly described therein as the owner or occupier of any lands or premises assessed, the name of the actual owner or ocupier thereof, and may correct any other error in the said assessment-book in such manner as he shall deem proper.

70. The Commissioner mayT make and levy on all lands and ~ $ ~ ~. 0 f 6 e w e r a ~ e

premises comprised in the said assessnient, such sewerage-rates as he

may think expedient, not exceeding in the whole one shilling in the

pound dnring any one year, and such sewerage-rates shall be pay-

able at the times and in the manner 1lercinaftGr provided.

71. If the Commissioner shall at any time be of opinion that the ~ f " ~ ~ & ~ ~ ~ ~ l @

sewerage-rates amount to more than sufficient for the purposes of this A& it shall be lawful for him by notice publiihed in the

Government Gazette to reduce throughout the whole or any part of

the drainage area the scale of sewerage-rates on every or any description of property assessed under this Act. Every such reduction shall take place on the first day of January or the first day of July, as the case may be, in any year whichever of such days shall happen first after the publication of such notice, unless the reduction is thereby directed to take effect

sooner. 72, Whenever,

P2 41" & 42' VICTORIZ, No. 106.

xewemge-rates to be	72.	W h e n e v ~,	after the passing of this Act, a sewer shall have
~~~l~

sewer laid down.	been laid down by the Commiaaioner, in any street situate in the drainage area, he hall publish in the Government Gazette a notice that mch gewcr has been laid down there, and from and after the expiration of wven days from such publication being made the full amount of sewerageerates shall be payable according to the scde which shall then be in force in respect of all such lands or premises as in thc opinion of the Commissioner could by means of drains be drained by such sewer. Such sewerage-rates shall be payable for the period wllicll shall elapse between thc first day of whatever month shall next follow the expiration of such seven days and the thirtieth
day of June or the thirty-first day of December which shall next
happen; and thereafter the rates shall be payable in full as aforesaid half-yearly in advancc on every first day of Januaxy and first day of July, according to the scale which shall be in forcc at the time when such payments shall respectively fall due: Provided that 811 lands not included in such notice, aud which, in the opinion of the Com- missioner, will not bc drained by any sewer, shall be liable to pay one half only of such rates.

c b l m o r t o l ~ e P=-

ticulars of sewerage

73. SO soon as conveniently may be after each seweragerate has bem made by the Commissioner, the collector of sewerage-rates shall deliver to each owner or occupier who is liable to pay such sewerage- rate, or shall leave on or in the assessed lands and premises, written or printed particulars of the sewerage-rate which has been made and is to be collected in respect of such lands and premises; and in such particulars shall be specified the description of such lands and premises as set forth in the assessment-book, the lime allowed for paying such sewerage-rate, and the consequence of not paying the same within such time.

rate.

premises drained by 74. When land or premises in the separate occupation of several	When s~veral
one draineachto pay, persons are drained by one common drain or sewer, the several

owners or occupiers of mch land or premises shall be liable to the payment of the same sewerage-rate as they would have been liable to if each such piece of land or each of such premises had been drained by a separate drain.

When ownor t o pay	75. The owner shall pay all sewerage-rates upon	unoccupied and
sewerage-rates and

vacant lands, and upon occupied lands of wl~ich the yearly assessed

when occupier.

value shall not exceecl Twenty Pounds; and the occupier shall pay all other sewerage-rates, but this provision shall uot invalidate or affect any contract.

Collector may coueot 76. When %werage-rates for the payment whereaf the owner of the

rents when sewerage-

rates in arrear. property assessed is liable shall be in amear, the collector shall give notice in writing to the occupier of the property in respect of which. such arkears shall be due, to pay to him all rents thenceforward. until satisfaction shall be made tGeGout of such arrears; and every suoh occupier shall pay all rent accruing due after the service of such notice to the cokotor; a d until full satidac%ion of mmh amearn, by the receipt of rent as aforesaid, together with all costa, h-

oludixlg

--

Adelaide Betuers Act.-l$'lB.

-

eluding a poundage of One Shilling on the total sum, the Commissioner is hereby empowered to exercise against the oc- cupier, in addition to any other remedy under this Act, all remedies which may be enforced by landlord against a tenant for recovery of rent in arrear. The receipts given by the Cornmis- sioner or collector to each such occupier shall, as between him and the person to whom he should otherwise have paid such rcnt, be a complete discharge from such rent to the amount paid, nnd may be pleaded in bar to every action in which such rent ie, or damages in lieu thereof are sued for.

77. When any owner or lessor of any prop~rty assessed shall, by Aito ratesfpqableby owner paid by tenant

virtue of this ,4ct, or by contract, or otherwise be liable to payment of any sewerage-rates to be collected in respect thereof, and suchsewerage ,,a rates payable by

tenant paid by omer.

rates shall bc required from and paid by any lessec or occupier, then such lessee or occupier may set off the amount so paid against

any rcnt due from him to cruch owner or lessor and the collector's

receipt for such sewerage-rate shall be a discharge of rent and evidence of payment to the amount specified thcrein; if the sewerage-rate so paid or satisfied shall cxceed thc rent due, such lessor or occupier may either set off such amount against accruing rent, or recover the same by action as for money paid; and if any such owner or lessor shall have paid any sewerage rate propcrly payable by such occupier or fessee, it shall be lawful for such owner or lessor to recover the amount so paid from such occupier or lessee, or may distrain for and recover the same in the same manner as if the same were rent in arrear.

78. Any occupier or lessee of any land or premises within the Rates paid by

drainage area who shall pay sewerage-rate, for a period prior to or tenants.

extending beyond his term, shall be entitled to recover from the

owner or lessor of such land or premises the amount so paid, by

action in any court of competent jurisdiction, or may deduct the

same from ally unpaid rent.

79. All rates received by the Commissioner under the authority ~ 1 1	rates to be paid
Treasurer.

of this Act 'shall be paid by him to the Treasurer, who shall employ the same for the purposes set forth in this Act.

LEGAC PROCEDURE.

within one month after the publication in the Government Gazette appealed from. 80. Any person rated or liable to be rated under this Act, may, Aseesamentma~ be

of the notice of the assessment, appeal from the assessment upon

the ground that any lands or premises are assessed above their full and fair annual value, or are omitted from the assessment, or are not assessable.

81. Any person rated or liable to be rated under this Act, may, Appeal from alters-

within one month after thc publication in the Government Gazette of	tions of aesersment.
notice of an alteration in the assessment, appeal from the assessment as altered upon the ground that any lands or premises are assessed

above

Adelaide Sewers Act.-1878.

-

E

4- above or below their full and fair annual value, or are omitted from the assessment, or are not assessable: Provided that it shall not be competent for any person to appeal from an altered assessment upon any ground which would have enabled him to appeal from the assessment before the alteration was made.

Local Court of Ade-

laide to be Court of	82. The Local Court of Full Jurisdiction, sitting in Adelaide, shall be the Court of Appeal, having jurisdiction to hear and deter- mine all appeals from every original or altered assessment made under' this Act; and every such appeal shall be commenced by a written notice of such appeal, stating the grounds thereof, delivered to the clerk of the court within the period allowed for appealing. Such court may, in its discretion, refuse to award any costs to either the Commissioner or appellant, or may direct either the Com- missioner or the appellant to pa.y to the other party to any such appeal all or so much of the costs properly and necessarily incurred in reference thereto as shall to such court seem just, and the court shall, upon determining such appeal, fix in a summary way the amount of the costs (if any) ordered to be paid.
appeal.
Hearing of appeal
from aaseaament.	83. Every appeal shall be heard at the sittings of the Local court next after five weeks from the publication in the Government Gazette of the notice of assessment or alteration thereof, as the case may be; and at the hearing the assessment-book shall be produced by the Commissioner. Upon cmsidering any relevztnt legal evidence that may be tendered touching the question'in dispute, the Court, at the same, or at some adjourned or subsequent sittings, may make such order touching the matter in dispute, and costs, as shall be just, and shall cause any alteration necessitated by the decision to be imme- diately made in the assessment-book, which shall be then produced to the court by the Commissioner, and every such alteratioll shall be attested by the signature of the special magistrate, and the court may enforce any order in the same manner as though the same were
the order of a justice acting under his summary jurisdiction.

flpecial cane may be

stated for Supreme

84. The Local Court, upon the hearing of any appeal, may state Court shall hear and decide such special case or cases according to the practice or. special cases, and shall make such order as to costs as shall appear just; and any two or more justices, or the Local Court of Adelaide, may make an order in respect of the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any judge thereof, which order shall

Court.

a special case for the opinion of the Supreme Court, and the Supreme

be enforced in manner provided for the enforcement of orders of

justices under the Ordinance No. 6 of 1850, or any Act substituted

for or amending or repealing such Ordinance.

A pea lhmodera

O f & i c a. 85. There shall be an appea.1, in manner provided by the Ordi-

nance No. 6 of 1850, or any Act substituted for or amending, or repealing such Ordinance, from any justices' order, under the pro- visions of this Act, and from any justices' order dismis~ing an in-

formation

41° & 4 2 O VICTQRIB, No, 106.

Adelaide 8ewers Ad.-1 878.

formation laid under this Act; and no order of justices or of the

Local Court shall be removed by certiorari into the Supreme Court. +

86. The right of the Commissioner to recover seweraee-rates in ~ g h t to reoover

V

sewerage-rates not

respect of any land or premises alleged in any notice ofuappeal t o auapended bp

be assessed above its or their full and fair value. shall not be sus-

pended by the appeal; but if the appellant succeeds on such appeal,

the amount (if any) of sewerage-rates received by the Commissioner

in excess of the amount which, according to the decision on such

appeal, the Commissioner was cntitled to recover from him, shall

forthwith be repaid to him by the Commissioner.

87. If any sewerage-rates, or any arrears thereof, are unpaid for the sewerage-mtee may

space of twenty-one days after demand by the Commissioner, or any bedi8trained

collector for payment thereof, shall have been served personally

upon the occupier, or left at the land, or premises, rated and

assessed thereto, the Commissioner or collector, or his assistant, may

thereupon, without any warrant, enter into any part of the lands or

premises, and distrain the goods and chattels found therein or thereon:

or may enter into any other land or premises, occupied by any person

liable to the same sewerage-rates, and on whom notice to pay the same

has been served personally, or by leaving the same at hislhouse for

him, and distrain his goods and chattels therein and thereon; and if

the sums for which the distress is taken, together with reasonable

costs thereof, be not paid within five days after the distress has been

made, then the said distress, or so much as shall be sufficient, to pay

such sewerage rates and costs, may be sold, and m y overplus shall

be returned to the owner of the goods.

88. All rates made under the authority of this Act shall, until Rake" to be acharp upon the land.

payment, be a continual and perpetual charge upon the land and premises charged therewith, and no Statute of Limitations shall affect any action or other proceeding which shall be brought for the recovery or enforcement of such rates.

89. VCThenevernny sewerage-rate in respect of any lands or premises Lanatr may be sold

ilhall have been in arrcar for the space of two years, it shall be

arrear.

the Gouernnent Gazette, a notice specifiying-such lands andmprernises

and the amount of sewerage-rate due in respect; thereof, and stating

that if such rates shall not be paid within one year from the first

publication of such notice, the Commissioner will let the same

from year to year as provided by this Act or will apply to the

lawful for the Commissioner to canse to be published threeztimes in the first publication of the notice, all or any part of the sewer- age-rates due at the time of tire first publication thereof are still unpaid, the Commissioner may let such lands or premises from year to year, and may receive the rents and apply the same towards the payment of the sewerage rates and other costs and expenses, and hold any surplus for the owners of the lands or premises; or the Commissioner may by petition to the Supreme Court, or any Judge

108-D thereof

4P $ 4 P VkE1TOREA3, No. f 06. *-U-- W

Adelaide Bewms A c 1. 1 8 7 8.

thereof, apply for a sale of the h ~ d s described in such notice, or of ao much' 8s may be necessary; and the court or judge, on being satisfied by alidavit or otherwise, that the arrears are ladully due,

md wem in arrem at the time of the first publication of such notice,

and $b& a11 BCLS reqdred by this clause to be done by the Commis- sioner have been done, may order the sale of the said lrlnds, or so mueh thereof as shall be sufficient to pay all arrears due up to time of d e and interest at five per centurn per annum, from the time o l the first publilcation of the notice, on such arrears as were then due, together with all costs of and attending the notice, and the costs of and attending the application, and of and attending the sale by public auction, and that the proceeds of such sale shall be paid into cowt; and the court or a judge may order payment of the mid sewerage-rates, interest, costs, and expenses to be made in pmference to any mortgage or other security; and that the convey- ance or transfer, as the case may be, shpll be executed by the master

OF other oficer of the court, to the purchaser, his heirs, and assigns,

in such form as shall be approved by thc court or a judge, and such conveyance or transfer shall vest the legal estate in the sold lands in the purchaser, his heirs, and assigns, free from all incum- brances; and in cases where the land is under the provisions of the Red Property Act of 1861, or an] Act repealing or amending

the same, the purchaser shall be entitled to receive a certificate of

title to the land purchased; and the balance arising from the proceeds of such sale shall remain and be subject to any future or other orders of the court, for the behoof of the party or parties interested therein.

Penaltie8 extended

pfiwona mueing	90. The penalties declared by this Act in the case of persons comrniting the offences mentioned herein arc hereby extended and made applicable to all persons causing the commission of any such ogences, or by whose order or direction any such offences shall be committed.
off encea
Power [to Clormuis-	91. Where, under the authority of this Act, two or more persons are or may be directcd by the Commissioner to do or join iri doing any act, or to pay or join in paying any sum of money, costs, or expenses, or where the Commissioner is authorised or thinks proper to permit two or more persons to join together in doing any act or paying any sum of money, costs, or expenses, it shall be lawful for the Commissioner to apportion the matter to be done or the sum of money, costs, or expenses, to be paid between such persons in such manner as the Commissioner consider just and reasonable.

nioner to apportion

pqme9ts.

Recovery of moneys 92. If any person refuges or neglects .to pay to the Commissioner

due to (:omrrmieeioner	any sewerage-rate ox other sum of money due by such person to the Commissioner under this Act, the ('ommissioner or any collector
in his name may sue for and recover the m e in ariy court of com-
petmt jurisdiction, as a debt due to the Commissioner; and the Com- missioner'a remedy under this section shall be in addition to his other remedies h r the recovery thereof,

93. In

41" 6e 420 VICFOREB, No. tQ6. 9'7

Adelaide Sewers Act.- 1878.

98. Za aft taws whmo m y compenmtian, daninges, oosts, O r ~ ~ ~ b i o n for aster-

tainin; and recovering

expenses arc by this Act dirclcted to be pad, and the method. of dmagGs.

ascertaining the amount or enforcing the payment thereof is not

specifically provided by this Act or the Lands Clavsos ConsoMqti~n

Act, euch amount, in case of dispute, 8haU be ascertained wd

determined and recovered in a summary way by and before two

Justices acting under the Ordinance No. G of 1850.

94. All fines, penalties, and other moneys levied or recovered by Appropriation of

the Commissioner under this Act, or under any agreement made ~	~	~	~	~	~	~	f	"	d
under it shall be paid to the Treasurer, to be by him carried to the credit of the Commissioner for the purposes of this Act,

95. The production of the Govelvzmen t Gbxette, or of any printed Gn~ette to be evidence

document purporting to be a copy thereof, published by auihority or in certain caees.

printed by the Government Printer for the said province, and con- taining any regulations purporting to be regulations made under the authority of this Act, and any notice purporting to be published by the Commissioner in pursuance of this Act, shall, in every court of justice, be deemed and taken to be prim4 facie evidence of the publication, and of all such facts and circumstances as were or shall

be necessary to authorise the publication and making of such

regulations and the publication and giving of such notice.

96. All notices by this Act required to be given to the owner or Service of notices.

occupier of any land or premises or other person may be served personally upon such owner, occupier, or person, or left with some inmate of his place or abode, and any notice required to be given to any such owner or occupier may, if there be no occupier, be affixed to some conspicuous part of the land or premises, and it shall not be necessitry in any notice to any owner or occupier of any land or premises to name such owner or occupier: Provided always that where there is no occupier, and the owner of such land and premises and his place of abode or that of his agent is known to the Com- missioner such notice shall be served on such owner personally, or

left with some inmate of his place of abode or trarlsmitted to such owner through the Post Office addressed to him at his place of	abode, or last known place of abode in the said province, or
served on his agent in manner aforesaid.
97. Every notice, demand, or like document given by or on behalf of the Commissioner under this Act may be in writing or print, or partly in writing and partly in print, shall be sufficiently authenti- cated if signed by the Commissioner or by the officer by whom the same is given, or if the name of the Commissioner or other officer be printed therean. of

98. The Comnlissioner may remit the whole or any part of any Com&Gonerma~

fine, penalty, or forfeiture inflicted under the provisions hereof', remit fines.

99. Copies of the plans mentioned inthe twentpfodsgction of this Copies of phns and dterstions tc ke

A&, and af m y &eration or correction thereof, and of any other e~d,,,

auch

28 41° & 42O VICTORIX, No. 106.

Adelaide Sewers Act.--1878.

such documents ss aforesaid, or extracts therefrom, certified by the

Commiesioner or any officer in his department, to be true copies thereof (which certificates the Commissioner c hall give to all parties interested when required, on payment of such fees as he may think

fit,) shall be received in all courts and elsewhere as conclusive

evidence of the contents of the originals.

ha to pmceeainga	100. All actions and prosecutions to be commenced against any person for anything done, or for anything omitted which ought to have been done in pursuance of this Act shall be commenced within
a@*persOnuPain~
under this A O ~
six calendar months after the fact was committed or omitted, as the
case may be, and not otherwise, and notice in writing of such action, and the cause thereof shall be given to the defendant one calendar month at least before the commencement of such action; and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall as hcreinafter mentioned have been made before such action brought, or if a sufficient sum of money shall have been pa.id into court after such action brought by or un behalf of the defendant, together with the costs incurred up to that time; and if a verdict shall pass for the defendant, or the plaintiff become nonsuited, or discontinue any such action on issue joined, or if upon demurrer, or otherwise, judgment shall be given against thc plaintiff, the defen- dant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases, and though a verdict shall be given:for the plaintiff' in any such action, such plai.nti~T shall not have coats against the defendant, unless the judge, before whom the trial shall be had, shall certify in writing at the conclusion of the tria1,Lhis approbation of the action, and of the verdict obtained thereupon.
Tender of amendn.	101. If any person shall commit any irregularity, trespass, or other wrongful proceeding in execution of this Act, or shall omit to do anything which in pursuance of this Act he ought to do, or by virtue of any power or authority hereby given, and if, before action brought
his attorney, or agent, of such amends as: in the opinion of the jury in respect thereof, such person make tender to the peraun injured, at the trial were sufficient, such last mentioned person shall not recover in any such action; and if no such tender shall have been made, the defendant may, by leave of the court wherein such action is pending, at any time before issue joined, pay into court such sum of money as he shall think fit, and thereupon such pro- ceedings shall be had as in other cases where defendants arc allowed to pay money into court.

Commencement of 102. This Act shall come into operation on a day to be appointed

~ c t.	by the Governor by proclamation, to be published in the Government
Gazette.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRU MMOND JERVOIS, Governor,

v--

-. - - - ----

Ad1 laik : By autkonty, E. SPILLER, Acting Qovernment Printer, North-terrace.