Adelaide Streets Assessment Act 1847 (SA)

O&!DIXA\rCE enacted hy t7~5 Governor of Soath Australia, mith the ado&

and consent of the Legislative Council thereof.

To amend a d continrre cm Ordinance No. 15 of 1846, nuthorising

the Levying of an Assessment in aid of the fipense Repairing

the Streets within the City of Adelaide.

[241h ..&gust, l 847.1

HEREAS an Ordiiiance was passed on the Thirtieth day of PrerrnLie,

Septembel; One thousand eight hunched and forty-six, To 1846fi h.0* 15*

authorise the Levying of an Assessment in aid of the Expense of .

K Repairing the Streets mitlin the City of Adelaide :" AND WHEREAS it is expedient to amend and continue the Provisions of the said

recited Ordinance:

BE IT TBEREFOILE ENACTED	by the Gor~anox	of	S o u m AUSTRALIA,	%pal of proviso li-
mttrng amount of ar.

mith the aa&e and consent of the LEGISLATIVE COUNCIL thereof: ,,,,m,,, ,Q

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THAT from and after the passhg hereof, the Proviso in the said Ordi-	~ o u n d ?
nance contained, that no City Rates shall in any One year exceed the
rate of Sixpence in the Powd .on the nett anhual value of the'

Property rated thereto, a ~ d every Clause and Provision in the said ,

' Oxdinanoe,

Ordinance contained limitingg the amount of Rntes to be assessed

to the said maximum amount, shall be and the some are hereby	I
repealed.

city	11.	AND BE IT ENACTED,	that under and subject to the Pot&	and
trlrdd te the rmemt

err&, par prodr Provisions of the said Ordinance, i t shall be lawfd to levy and raise.

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' in niani~er tl~crcin mentioned, and within the limits tokhich th;

'	same shell apply, City Rates to any amount not exceeding, in any One year, tllc iate of One Shilling in the Pound on the nett annual value of the Property rated thercio: R'OTWITHSTAHI?XX~~ that the period of Occupancy in respect of which such increased rate be made shall have been partly expired at the time of thc passing herof: Pnovrosn no Asscssxnent in respect of s$ch period slinll have been.
'actually pullislml or returned to and nllowcd by the Mngistmtc. .. -

wh* F O ~ ' prim* III AID BE IT ENACTED, that except, as herein prorided, the

tilt l h b h k n l a h

4 Person primarily liable to the payment of Rates, under the raid

. ' recited Orchance, in respect of any House or other Property assesed,

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shall be the Occupier thereof, or Person in possessios at the time

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when such Rates shall be demanded, or (in case of a change in such possession in the meantirnc) the Person occupying the Prenli'es

.. whcn the Warrant bf Distress shall be executed; and in case the'

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Prcmises shall be vacant for a period less than Six months, and there

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4 shall not be sufficient distress found therein, then the Proprietor or

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. Prsrin. ' Landlord shall be liable: P ~ o v m ~ o, that in all cases where any

Tenant s h d be c a h d on to pay, and shall accordingly pay either a

." greater amount of Assessment than he shall in fact owe for Rent, or

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., an amount d Assessment extending over any period of time during

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which he shall not have been in possession as Tenant, 'he shall be

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entitled either to deduct the amount of exreha so paid from. the

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acnving of future Bent, or to recover the tame (after demand) by i n

I - action as for money paid in an ordinary csse in any Courtof arm. 1

. pe tent jurisdiction. . ,

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IV. AND BE IT E X A ~ E D, thnt the omers of all Houses, ~ ~ n r t -

" rf cerlnirl. 'onteewaen hotlam ~n.

a m t ~ o f t b r ~ r ~ i ~ n * ments, or Dncllings within such limits as aforesaid, being the 1 im.

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l - mcdiatc Lessors of-the achal Occupiers, which s h d rerp~ctivcly be

let to the Occupiers thereof at any Rent or Rntc not cxcecctiug ,	I
Twenty pounds by the year, for any less term than One p a r ; or on

' -, , *. p >, , l,, .,- ' any agreement by whicli the Rcnt shall be reserred or made pn~able

.,- h, : C ~ I, A ..,l : t, . 'l

t i c, 4. , $,-. ,.. at any shorter period than Three months, shall be assessed to the

, '" '!' Rntes aforesnid for or in xespect of such Houses, Aparhnmts, or

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, . a

.. Dwcllinp, and tlio Out-houses and Curtilages thereof, instead of [

', the actual Occupiers; and upon non-payment of thc sums so to 6

assessed, the same &all an& may be levied upon, and the pq-ment

. e thkreofd~~ enforced against, m& hers pnd bmrs. m to be

. assemd;.

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: ,ss~ssed; and their Goods m d Chattels, in like manner as Rates

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/	apb l~ t	the Tenant or Occupier, may bylaw be levied and recovered.
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V. AXD BE IT ENACTED, that after the second demand of pay- cd@cm. m y d i ~. tralnwithout warrant.

mcllt of m y Rates or Arrears thcrcof sl~all have been made in manner

directed by tllc said Ordinance. in case such Paymcnt shall be re- .

fused, or reinnin uncomplicd wit,h for Four days, it shall bc la~vful . -

1 for tllc Collector :~ppointed to receim such lhtcs, and his Assistants, i to cliter and distrain for the snnx according to tllc Provisions of the i ,air1 Ortlinn~lce, without any f ~ r t h c r wmrnnt or authority than the ! Wnrmnt dcliscrcd to him nt the time of his appointment, which

]Vnrrant shall bc according to the form in thc Schcdule hereto

3 anrlesecl.

VI. Pnovr~cn IIOJYEVER, ASD BE IT EXACTED, that not~~i.ng,in this Building8theproperiy of Her hlnjesty, or

: or the recited Ordinance coiltaincd shall empower the Commissioner ,.d for pubiic

: of Police ancl Policc &gistmtc to levy any Rate wllatcver on any church, chapel.

or publicschool.

: Imds or Buildings thc propcrty of IIcr Majesty, and used for a public	1	exempt from rate.
1 purpose, within the said limits; nor on any Building hired by the ! (;ovcmincnt for any public pulllose; nor on any Hospital, Benevolent

A~vlilm, or iluilding used csclusirclv for charitable purposes; nor on

my Church or Cliapcl, or other 3 0 ~ d i n g used esclusi~-ely for Public

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, Wo~sllip ; nor on any U~~ildiny uscd as a School, provided it be in-

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.; 1;abitecl only by tllc 3lastcr or Nistress of the School, ~r his or her

: Wn:il~; --W and. the School be one receiving aid from the -;

~-6i'Gise of a public clmraclcr.

VII. A m BE IT EXACTED, that it shall be lawful fqr the Govemor c ~ i i. ~ t o r * ~ s.I.~,.

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to authorise thc isssuc, from time to Gme, to every Collector appointed as aforesaid, of a Snlniy at the rate of Five your$s for every ilundred pocnds of Rates collected by him.

VIII. A m nE IT EXACTED, that no Collector or other Officer acting Colleetin and . . _

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in the execution of thc aforesaid Ordinal~ce, altliough paid out of the paid officer8 evidence in proceed-

Rates collected by him, or by a proportion thereof, shall, by reason ing..	.-
thereof, bc dcemcd to be an incompctant Witness Lehrc m y Court

\ 8 or Justice of the Peace, in any proceedings wllatcver, foY any offence

1 against the said Ordiiicznce, or in any matter relating to such Rates,

/ or in any other matter rncntiollcd in the said Ordinance.

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IX. PROV~DEDALWAYS, A ~ D nE ITESACTED, that noiisscssmcnt,TIra~ Proceedings not to be

rant, or othcr proceedings, arllich sllnll bc mndc or dmll purport to be void for wmt of form,	or nfkcted by cu~y
' mile, by vktuc or in pursuance, or iu csccution of this or the rccitcd	mit*e, &C., t h d n.
: Ordiimncc, shall bc quashed, or dccmcd to bc void or voidable for
~Dcfcot, or Olnissioi~ tlmrcin, proyidcd tlic imwu or property chorgcd

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or intended to be charged or affected by any 6uch proceeding be

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designated therein to common intent and understanding, a ~ ~ d such

. . .. proceeding be in substance and effect in conformity with a ~ o d n g

. . to the intent and meaning of the said Ordinances. l

l cenaknciom d4mo. ' X. SAND BE rT ENACTED, that this Ordinance shall be construed

I '. together with the said Ord.ina,nce as one Act; and the same, together

. with the recited Ordinance, shall continue in operation until the A

Thirtieth day of September, One thousand eight hundred and fortp

. nine, anything in the said.Ordinance to the oontrary notdths tanding.