Adelaide Waterworks Act 1863 (SA)
ANNO VICESIMO SEXTOET VICESIMOSEPTIRfO
A. | D. 1863.. |
No. 15.
An Act to repeal An Act, No. 17 of 1858,intituled "An Act to a m e d
and consolidate the Acts yrovidinq for the Wuter Supply and
Drainage of the City of Adelaide," and to woke other Provt
sions in lieu thereof: [Assented to, 12th November, 1863. ]
HERE
AS m Act was passed in the twenty-second year ofProam'Jle. the reign of Her Majesty Queen Victoria, No.
17 of 1858, intituled An Act to amend and consolidate the Acts providing for the Water Supply and Drainage of the City of Adelaide;" and i t is expedient to repeal the same, and to make other provisions in lieu thereof-Re it therefore Enacted by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as hllows:
. | Acts, or portions of Act or Acts thereby repealed: Provided also that nothing lawfully done under the authority thereof shall be invalidated, nor shall any rights acquired or liabilities incurred there- |
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1. This Act may be cited and referred to for all purposesas G The& r t t i t b ~ f A h Adelaide Waterworks Act,
1863."
consolidate the Acts providing for the Water Supply and Drainage |
of the City of Adelaide," is hereby repealed: Provided that nothing herein contained shall be construed to revive any Act or
26" &27" VICTORIIZE, No. 15.
Adelaide Wizterworks Act.-- 1863.
Interpretation of
ments of any tenure; the word Strcams" shall include springs, brooks, rivers, and other waters; the word " Street" shall include any square, court, OP: Jley, highway, land, road, thoroughfare, or public pasxage or pkace; the expression " Water-rate" shall includc any rent reserved or payment to be made to the Commissioner for a supply of water; the expression " Cattle" shall include neat cattle, horses, asses, and nlules; the expression " Carriages" shall include | |
all such vehicles as are usually cleansed by the use of water; the | |
expression " Vacant lands" shall mean unoccupied lands not built upon, nor used in connection with any b~ilding; and thc expression | |
TJnoccupied lands" shall mean lands other than vacant lands, which shall be declared to be unoccupied in the manner hereinafter | |
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4. The Commissioner shall, from time to time, appoint and sengers, and other officers, at such reasonable salary, pay, or reward, as to him may seem meet; and shall also, from time to time, at his discretion dismiss and discharge such officers, or any of them, and appoint others in their place. | |
employ such manager, secretary, solicitor, engi~eers, clerks, mes- | |
point |
Commissioner | ' | 5. The Commissioner may, for the purposes of this Act, and un- |
der the name, style, or title of (C The Commissioner of the Adelaide Waterworks," purchase, take, or acquire, any lands and other hereditaments, goods, chattels, and things, and contrnc t and agree for the same, and become a party to any instrument for giving effect to such purchase, taking, or acquisition, or for the performance or construction of any | |
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by such name as aforesaid; and by that name may implead and be
Co?fip*i@iOner* impleaded, defend and be defcnded, answer and be answered.
6. The Commissioner may make such roads over |
authorized to be taken as may be considered necessary for carrying into effect the purposes of this Act, and for communicating with and maintaining the works which may be constructed; and may repair, amend, and fcnce in such roads, and use the same effclusively for the said purposes, or permit the public or any person or persons to make use of the same, upon such terms and conditions
as he shall from time to time think proper.
in the Commissioner under the said Act, No. l 7 of 1858, or any | 7. All lands, houses, property, chattels, and effects, now vested |
former Commissioners, or any of them, shall, from and after the commencement of this Act, be absolutely vested in the Commissioner; and a11 persons who then owe any moneys to the said former Com- missioners, or to any person on their bel~alf, shall pay the same to the Commissioner; and all moneys due and owing by the said former Com- rnissioncrs shall be paid by or be rccovcrable from the Commissioner; and all contracts, agrcemcnts, bonds, covenants, and securities made or entered into, or in favor of, or by, the said former Commissioners, may be proceeded on and enforced in favor of, by or against the Com- missioner, as
if the same had been entered into with the Commissioner.8. For the purpose of enabling the Commissioner to obtain any
~ ~ ~ o ~ ~ $ ~, ., ' $ $ ?
land, or any righ.t or cascmen t, in or over any land which he may require for the purposes of this Act, " The Lands Clauses Consoli- thie dation Act" shall, subject to the provisions herein contained, be incorporated with this Act, and the provisions of the said Act so incorporated with this Act shall be applicable in the case of the pul-- chase of a right or easemcnt in or over any land; and for the purposes of this Act the expression " The Promoters of the Undertaking," whenever used i11 the said Lands Clauses Consolidation Act, shall | mean | The Commissioner." |
in or over land otherwise than by agreement with the. parties in- taking | 9. The Commissioner, before taking land or any right or easement |
tercsted thereir., or enabled to sell and convey the same, shall deposit
in the office of the BurveyoliGcneral a plan, showing the quantity
of land or the particulars
of thc rightor easement which he mayrequire fox the purposes of this Act.
10. The Commissioner may sell and dispose of any land
pur- ~; "; ; ~ ~ ~ ~, " h ~ ~ chased under this Act,
or any property whatever vested in him un-under this A C ~. der this Act, which it may appear to him may be pioperly sold or
disposed of, and may transfer or convey the land or other property
sold and disposed of unto the purchaser, or as he shall dkect; and
his receipt shall be a sufficient discharge to the purchaser
f a thepurchase money in such receipt expressed to be received, and thte
26" &27" VIC'FORLE, No. 15.
money accruing from the sale of such property shall be applied for
the purposes of | this Act. | |
11. The water s~pply | shall be on the principle of constant supply |
Printipleof the water-
12. Subject to the provisions hereinafter contained, the Com- H e may enter 11pon any lands required for the purposes of this Act, and take levels of the same, and set out such parts thereof as he shall think necessary, and dig and break up the soil of such lands, and trench and sough the same, m d remove or use all earth, stone, mines, minerals, trees, or other things dug or gotten out of the same: |
missioner may execute any of the following works for constructing the waterworks, that is to say- |
H e
may, from time to time, sink such wells or shafts, and make, maintain, alter, or discontinue such reservoir, water- works, cisterns, tanks, aqueducts, drains, cuts, sluices, pipes, culverts, engines, and other works, and erect such buildings, w o n the landsand streams authorized to be taken by h i h as he shall think proper for supplying thc inhabitants of the said City with water:He may, from time to time, divert and impound the water from
the streams mentioned for that purpose in the plans of the
said waterworks, and books of reference thereto, deposited in the office of the Surveyor-General, and alter the course of any such streams, and also take such waters, as may be found in and under, or on the lands to be taken for con- structing the waterworks.
as little damage as can be, and in all cases where i t can be done, | |
After |
269 &27O VICTORIB, No. 16.
Adelaide Waterworks Act.-1863.
be taken by the Commissioner shall have been so taken, every | 15. After the stream or supplies of water hereby authorized to |
person who shall illegally divert or take the waters supplying or
for ilbgang flowin2 into the stream so taken, or any .part thereof, or who shalldiverting thewater* do any unlawful act whereby the $aid streams or suppliesof watermay be drawn off' or diminished in quantity, and who shall not immediately repair the injury done by him on being required so to do by the Comrnissioncr, so as to xestore the said waters to the state in which thcy were before such act, shall forfeit to the Com- missioner any sum which shall be awarded by two Justices, not exceeding Five Pounds for every day during which the said supply
of water shall be diverted or diminished by reason of any act done
by or by the authority of such person, and any sum so forfeited shall be in addition to the sum which he may be lawfully adjudged liable
to pay to the Commissioner for any damage which they may sustain by reason of their supply of water being diminished; and
the pay- meut of the sum so forfeited shall not bar or affect the right of the Commissioner to sue such person for the damage so committed.
1G. The Commissioner shall erect all works which may be neces-Acmmodat ion sary for making good the interruption caused by the exercise of the
said powers, to the possession or enjoyment of any lands adjoining
nzerencw ..th.
lands; and if any difference shall arise respecting..'.he construction | or ncar the waterworks, or otherwise for the accommodation of such | ||
of any such accommodation worlts, or the kind, or size, or sufficiency thereof, or respecting the maintenance thcrcof, the same shall be determined by two Justices in the manner hereinbefore provided. | |||
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superintendetlcc, and altering, cleansing, repairing, and re~noving any drains, pipes, to
open &aim,conduits, service pipes, nud other works and engines, and remove
bridges, and do | and use all earth and materials in and under such streets and |
time to time deem ncccssary for carrying out the undertaking, doing as little damage as can be in the execution of the powers hereby granted, and making compensation as hereinbefore provided for any damage which may be done in execution of such powers. |
18. Before the Commissioncr oy ens or breaks up any street or |
bridge, he shall give to the persons under whose control or manage-
&C., before breaking nient the same may
be, or to their clerk, surveyor, or other officer,Or Opening notice,
in writing, of his intention to open or break up the same, notless than three clear days bcfore beginning such work, except in
cases of emergency, arising from defects in any of the pipes, or
other works, and then as soon as is possible after the beginning
of the work, or the necessity for the same shall have arisen.
Strecte or drains not
19. No such street or bridge shall, except in thecase of suchemergency
26" &27" VICTORIB, No. 15.
emergency as aforesaid, be opened or broken up, except under the |
supenntendence of the persons having thc control or management |
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up or opening the same, or shall refuse or neglect to superintend
the operation, the Commissioner may perform the work specified in such notice without the superintendence of such persons or their officer.
etreeta,
&C., b r k ~ n
20. When the Comn~issiones sllall open or break up the road or pavement of any street or bridge, he shall, with all convenient speed, complete the works for which the same shall be broken up, and fill in the ground, and reinstate and make good the road or pavement so opened or broken up, and carry away the rubbish occasioned thereby, and shall keep the road or pavement which has been so broken in good repair for three months after replacing and making good the same, and for such further time, if any, not being more than twelve nionths in the whole, as the soil so broken up shall continue to subside; and shall at all times, whilst any such road or pavement shall be so opened or broken up, cause the same to be fenced | ||
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which such road or pavement shall continue open or broken up. |
21. If the Comrhissioncr shall open or break up any street or bridge without giving such notice as aforesaid, or if the Commissioner make any unnecessary delay in completing any such ivork, or filling in the ground, or reinstating and making good the ioad or payement | |
of | 0 t h |
and | the persons havinp the control or management of the street or bridge |
in respect of which such delay or omission shall take place, may cause |
260 &27O VICTORIE, No. 15.
Laying of p+ea
sons by the Commissioner, and s ~ c h | expenses may be recovered in |
the same way as damages are recoverable under this Act
or tender of the cost thereof), lay down communication pipes from such street, and also such other works as are necessary for the supply of such tenement with water. | |
24. The Comniissioner shall provide and keep, in the pipes to be laid down by him, a supply of pure and wholesome water, sufficient | |
for the domestic use of the inhabitants of the said City, who, shall | |
be entitled to demand a supply, and shall be liable to pay water-rate | |
for the same; and such supply shall be constantly laid on, unless prevented by drought or other unavoidable accident, or during neccs- sary repairs. |
25. I n all the pipes to which any fire-plug shall be fixed, the |
kept for cleansing Commissioner shall provide and kecp constantly laid on, unless pre-
sawcm, draina, &o., vented as afdresaid, or during necessary repairs, a sufficient supply of
and for other publia purposes. water for the following purposes, that is to say-for clcansing the
drains, for cleansing arid watering thc streets, ancl for supplying
any public baths or wsshhouses that may be established for the free us6
of the inhabitants, or paid for out ofVuny rates. l e~ ied within thesaid City; and such supply shall be providecl at such mtes, in such qaantities, and upon such terms and conclitions as may be fixed upon by the C~~mmissioner and the Municipal or other psopcr authorities and parties concerned.
26. The Commissione~*, | at the request of the Municipal or other |
proper authorities or parties concerned, shall upon thc laying of the
commissioner t8 a f f l ~
main or other pipes belongkg thereto, fix proper fire-plugs | at such |
places as may be most proper and convenient for the supply of water
for extinguishing any fire which may break out within the limits of the said City. |
effective order every such fire-plug; and as soon as any such fire-plug |
is completed, shall deposit
n key thereof at each place within thegin*ho-#8ica limits of the said City where any fire-engine is kept, and in such
other places as may be appointed by the Municipal or other proper
authorities, and shall put up a public notice in some conspicuous
place in each street in which such fire-plug is situated, showing the
situation, which notice the Commissioner may put up on any house
or building in such street.
The Commissioner | shall, at the | request | and | expense | of | the | ||
owner or occupier of any work or rnanufactory, situated in any street
request,&c.,ofowncrs. in which water shall have been laid on by the Commissioncr, place
and maintain in effective order a fire-l;lug (to be used
onli for extinguishing fires), as near as conveniently may be tosuch workor manufactor y.
29, The
all pipes to which fire-plugs shall be | xed, unless prevented by m- |
and
usual drought, or other unavoidable cause or accident, or during the | |
nkcessary works or repairs; and shall allow all persons at all times to take and use such water for extinguishing fire, without making compensation for the same. | |
neglect | |
31. Every person supplied with | |
- | communication-pipe aud the stop-cocks, drains, and other works, as |
shall be within his own premises in good repair, so as cffcctually | |
to prevent the water from running to waste or the collection of ~inwholesorne matter; and in case | |
the same in good repair, the Commissioner may cut off the pipe, or turn off the water from the prcrnises of such person, until such stop- cock shall be provided or repaired, |
suffer any such pipe or stopcock to be out of repair, so that the water supplied to him by the Commissioner shall be wasted, |
pipo
repair. sh l l forfeit to thc Commissioner, for
evcry such offence, a sum notexceeding Five Pounds.
of the Commissioner,,.may, between the hours of eight of the clock | |
in the forenoon and |
-.
house or premises supplied with water by virtue 6f this Act, i i order ta examine if there be any, waste or misuse of such water;
and if such survqor or other person at any such timc be refusedadmittance into such dwelling-house or premises for the purposes aforesaid, or be prevented from making such examination as afore-
said, the Commissioner may stop off the water supplied by them fromsuch house or other premises. 35.Every
26" &27" VICTORIX, No, 15.
Waterworks |
under this Act, who shall supply to any other person, or wilfully |
unless for the purpose of extinguishing any fire, or unless he be | permit him to take any such water from any pipe in such tenement, | |
person supplied with water by the Commissioner, | ||
for every such offence, a sum not exceeding Five Pounds. | ||
water by the Commissioner, shall take anv water from any reservoir, watercdurse, pipe or concl&, belonging' to the ~ommbsioner, or from any cistern or other like place containing watcr belonging to the Commissioner, other than such as may have been provided for | ||
the gratuitous use of the public, shall forfeit to the Commissioner, | ||
for every such offence, a sum not exceeding Ten Pounds. | ||
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the Commissioner, or shall flush or draw off the water from the reservoirs, or other works of the Cornmissionex, or shall do any other wilful act whereby such water shall be wasted, s h d forfeit to the Commissioner, for every such offence, a sum not exceeding Five Pounds, besides the amount of damage to which the Commissioner may be put in respect thereof. |
35. Every person who shall commit any of the offences nextFouZinp the watcr.
hereinafter enumerated, shall, for every such offence, forfeit to the |
Commissioner a sum not exceeding Five Pounds, that is to say- |
Every person who shall bathe in any strcam, reservoir, aque- duct, or other waterworks belonging to the Commissioner, or any waters supplying or flowing into the same, or any part thereof, or wash, throw, or cause to enter therein any dog or other animal:
Every person wlm shall throw any rubbish, dust, filth, or other noisome thing into any such. stream, reservoir, aqueduct, or other waterworks, or any waters supplying or flowing into the same, or any part thereof, as aforesaid, or wash or cleanse therein any lead or other mineral, or any cloth, wool, leather, or skin of any animal, or any other thing: |
Every person who shall cause the mater of any sink, sewer,
or drain, steam-engine, boiler, or other filthy water
belonging to him or under his control, to run or be brought into any stream, reservoir, aqueduct, or other waterworks belonging to the Commissioner, or any waters
supplying or flowing into the same, or m y part thereof,
or shall do any act whereby thc"supp1y of water to the
citizens shall be fouled:
And every such person shall forfeit a further sum
of TwentyShillings for each day, if more than one, that such last-mentioned offence shall be continued.
39. The
3 L
260 &27" VICTORIB. No. 15.
Adelaide Waterworks Ac2.1863.
39. The Comissioner shall, before the first day of January, one thousand eig!t | hundred and sixty-four, and in every yeas thereafter, |
Commisaiouw map
make and bmg into force an assessment of all lands within the City of Adelaide not being the property of the Crown or of the Corporn- tion of the said city, according to the full, fair, and average estimated annual vvalue of the same, clear of all outgoings; and the assessment shall be mitten in a book specifying in diffcrent columns the names of the respective occupiers and owners, or agents of owners, so far as the same can be ascertained, the estimated annual value of the several lands, an2 a description of the same, and showing which of | |
the said lands are vacant lands. | |
40. In case any yearly assessment shall not bc duly made, and |
until the same shall be in force the assessment then last made shall | |
be in'force. | |
41. The Cornmissioncr, or any person having an order for that purpose under his hand, may inspect any city rate made or to be made fdr the said city, and the assessment book and other documents relating thereto, and may take copies or extracts from the samc without payment of any fce or reward; and if any person having the | |
the sum of Ten Pounds. |
42. The Commissionc-r may, in making the assessment, adopt any |
assessment made by authority of the Jrunicipal authorities, or any |
previous assessment of the C'ommissioner, either wholly or in part, | ||
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five per ccntuin per annum on the market value thereof; and thc annual value of a11 other lands shall be estimated a t the full, fair, | |
and average estimated annual rent, clear of all outgoings, at which t.he land mould let on a lease of not less than twenty-one years, or | |
45. The Assessment-book, or a true copy thereof, shall be depo- |
sited
86 |
sitcd in the office of the Manager of the Waterworks, and the same
Amssmmt.
shall be open to inspec~ion | between the hours of | eleven o'clock ante |
meridian and three o'clock post mcriclian on every day except
inspestion attheoffloo
Sundays, Saturdays, and public holidays. |
46. A notice of the making of such assessment, and of any
hToticeofasscasment
alteration therein in thc form Schedule | |
as near thereto as circumstances will permit, shall be published once in the |
47. Any person may, within one ujontl~ after the publication in |
the
Soutft Austmlia?z G'overnme~ti Guxette, of the notice of the assess-se8sment. ment, appeal therefrom upon the ground that any lands are
be assessed beyond or below their full and fiiir annual value are
~ p c a l e d ~ a i n s t. omitted from the nssessmcnt, or are not rateable, ancl within a like
pc~iorl and upon the likc ground after the publication of the notice
of any alteration in theSouth A z u t ~ d i a l z Goccrnment Gazette, allyperson may appeal therefrom.
48. Tlic Local Court of Full Jurisdiction, sltting in Aciclnide,
Local Court of shall be thc Co1u.t of Appeal; and every appeal shall
bc commcnccdAdphdf fo be
as near thereto as circumstances will permit, delivered to the Clerk |
mlmcd. of the Court mrthin the period allowed for appeals.
49, Thc appeal shall be heard at tlie next sittings of thc CourtHearing of appeals. next after five weeks from the publication in the Government
Gazefte of the notice of ttssessmcnt or dteration; and the assessment book shall be produced by or on behalf of the Commissioner, and upon
exmining upon oath any witnesses who may be tendered for | exan~inatlon touching the question in dispute, the Coart at the same |
or at some adjourned or subsequent sittings may make sucll order touching the matter in dispute and costs as shall be just, and shall cause any alteration occasioned by the decision to be immediately made, which alteration shall be attested by the signatnre of the Special Magistrate, |
50. The Court upon thc hearii~g~of | any appeal may state one or |
more special case or cases for the oplnion of the Supremc Court, and
court. the Supreme Court shall hear and decide such special case or cases
according to the practice on special cases, and Jiall make such
order as to costs as shall appear just; and any two or more Justices, or the Local Court of Adelaide, may mnkc an order in respect of the matters referred to the Supreme Court in conformity with the ccr- tificate of the said Supreme Court or ofm y Jrtdge thereof, whichorder
order shall be enforced in manner provided for the enforcement |
of orders of Justices under the Ordinance MO, |
any land alleged in m y notice of appeal to be asscssed beyond its full and fair value shall ilot be suspended by the appeal. | |
53. Thc Commissioner may, with the consent of the Governor in Executive Couecil, reduce the scale of rates by notice published in the |
54. When several homes, | parts of houses, in the separate | |
occupation of several persons, are supplied by one common pipe, the several owncrs or occupiers of such houses, or parts of houses, shall be liable to the payin~ilt of the same water-rate as they would have been liable to if each of such several houses, sr parts of houses had been supplied with watcr from the works of the Commissioner by a separate pipe. |
55. The owner of any tenement which shall have been unoccupied |
for more than three months, may make a declaration to that effect in | |
thc form of Scheduh l? to this Act annexed; and | |
been unoccupied. |
thc city, and on tile expiration of seven days from public intimation |
published in the | |
h s t onc newspaper published in the city that thc main has becn | |
laid down, and that thz watcr is ready for distribution, then, whether service pipes shall be providecl or not, ratcs, according to the scale then in force, shall be payable in respect of all lands which shall or can be supplied with the service p i p s from the main aforesaid, for the period elapsing between the first day of the month following the expiration of the said seven days and the |
the
VICTORIA$ |
the thirty-first day of December, as the case may be; and thereafter the rates shall be payable half-yearly in advance on every thirty-first day of January and first day of July, according to the scale which shall be in force at the time the payments shallrespectively fall due.
Rates on lands to
been or may be given previously to the first day of January, 1864, | |||
shall be liable to rates from that date, upon the scale and payablc in the manner provided for payment of rates under this Act, | |||
irrigation, or other than dolncstic or building purposes, except under | |||
a special agreement in writing, made by thc person requiring the | |||
same with the Commissioner, and fixing the payment to be made therefor, under a penalty as hereinafter provided. | |||
59. The Commissioner may charge, in addition to the rate here- inbefore mentioned, at the rate of Ten Shillings by the year for every head of great or every five head of small cattle kept upon lands supplied with water from the waterworks, and at the rate of Five Shillil~gs by the year for cvery carriage having two wheels, and Ten Shillings by the year for every carriage having four wheels kept in like manner; but whenever the number of cattle or carriages usually kept upon land supplied with water from the waterworks shall, or are likely to, vary from time to time, the occupier shall make a declaration, in tlleforrrr of the S;heduleD to this Act annexed, of the averagenumber of cattlc or carriages kept or intended to be kept upon the land, and thereupon the ~dmmissioner shall charge at the rate aforesaid for the average number of cattle or carriages so kept or intended to be kept. | |||
60. If the Commissioner shall be dissatisfied with a declaration so made, or shall at any time consider that the average number of cattle | |||
or carriages kept by the declarant, or any person claiming under | |||
him, is greater than that stated in his declaration, or that hc has, | |||
larger number than that fixed by such order, the matter shall be | subsequently to any order made as hereinafter mentioned, kept a | ||
scttled, on the information of the Commissioner or any collector, in a summary manner, before one or more Justices who may make such order as shall be just as to the payment ctf any additional sum for the past supply of water to thc cattle, or for cleaning thc carriages, and as to the number of cattle or carriages which the defendant shall be charged for in future; and any Justice may vary |
61. The owner shall pay all rates upon unoccupied and vacant lands, and upon occupied lands where the yearly assessed value shall | |
not exceed 'l'wenty Pounds; and the occupier shall pay all other rates. but this urovision shall not invalidate or affect anv contract. |
beyond his term, he shall be entitled to recover from his landlord | |
the amount so paid* | |
Ratca unpaid twenty- 64. If any rates or any arrears are unpaid for the space of twenty-
may be |
occupier, or left at the house, land, or tenement rated and assessed thereto; the Commissioner or collector or his assistant rnay there- upon, without my waxrant, enter into any part of tlm premises and destrain the goods and chattels found therein; or may enter into any other houses or land in the said city, occupied by any person liable to the same rates, and on whom notice to pay the same has been served personally or by leaving the same at his house for him, and distrain his goods and chattels therein and thereon; and if the sums for which the distress is taken be not paid for five days after the distress together with reasonable costs, then the said distress, or so much as shall be sufficient to pay the rates and costs aforesaid may be sold, and any ovwplus shall be returned to the owner of the goods.
Lands may
be sold
65. I n any cabe in which rates, in respect of any lands shall be in arrear for the space of two years, it shall be lawful for the Commis- sioner to cause to be published three times in the | |
still unpaid, the Commissioner may let the same from year to year, | |
and may receive the rents and apply the same tclmards the payment | |
of the mtes, and hold any surplus for the owners of the lands, or by petition to the Supreme Court or any Judge thereof, may apply for |
ta
26O &27" VICTORIB, No, 16.
to any mortgage or other security; and that conveyance shall be executed by
the master or other officer of the Court, to the pur- chaser, his hcirs, and assigns, in such form as shall be approved by the Court or a Judge, which shall vest the legal estate in the said lands, in the purchaser, his heirs, arid assigns free from all encum- brances; and the balance arising from the proceeds of such sale aball remain, and be subject to any future or other orders of the Court, for behoof of the party or parties interested therein.
66. All rates and charges for service-pipes and fittings, due under | |
the Waterworks Act, 1858, may bc rccovered by the Commissioner | this |
against the persons who owe the same, in every respect in the same manner as though the rates and charges for service-pipes and fittings | |
had become due under this Act. | |
67. The Commissioner may cut off the water supply from any lands when the same shall remain unoccupied for three calendar | |
months, or when any ratcs or charges for service-pipes and fittings in respect thereof shall remain unpaid for fourteen days after the same shall become due; and whcncvcr the lands shall become occu- pied, and all rates and charges for se~vice-pipes and fittings paid, the supply shall on demand be restore;, upon payment of the cost of such cutting off and restoration. |
68. It shall
bc lawful for the Govcrnor, from timc to time, byGovernor may nd-
warrant under his hand, to authorize the Treasurm to advitnce an$ | |
69. All moneys received by the Commissioner, for or on account |
of the rates herein authorized to be imposed, aftcr deducting the ,,,,,,
necessary costs and charges of and atterdiug the collection of the
same, and also of the maintenance of the said undertaking, and of
keeping up the' supply of water, shall be paid by the said Commis-
sioner to the Treasurer, who shall pay off such amount of capital and
interest in respect of the moneys raised for the purposes of the said
undertaking as may from timc to time fall due.
than five years, may recover from his landlord half the cost to which |
he or his undertenant may be put in causing service-pipes to be laid 1.w |
on to the said lands. |
7 1, The Commissioner may at any time, on the request in writingComrnirioner mar of
eupply water to any
228 26" &27" VICTORIB, No, 15.
of any person or persons residing at any place within two miles of | |
the main between the reservoir aud the said City, take the necessary | |
steps for supplying such person or persons with water from the said Waterworks: Provided always, that the expense of the works necessary for supplying water to any such place as aforesaid shall in | |
in a11 cases be paid by the person or persons making such request | |
case be less than those charged to thc inhabitants of the said City. |
supplied. |
persons who may have been or shall hereafter be so supplied, aud who may not have paid for t l ~ c same, a proportion of the price charged thereupou, fox so much of the service fittings as extend from
the nearest maia to the edge of the land to which such service
fittings shall have bcen supplied, such proportion to be in all cases
determined by the Commissioncr.
principal money raised for the completion of the Waterworks, |
When undertakings to
and duties hereby or hereafter conferred and imposed, shall vest in the Municipal authorities for the said City: Provided that it shall
be lawful for the Governor, with the advice of the Executive Council,
at any time after the construction of the said unclertalsing is com- pleted, to appoint the Municipal authorities as aforesaid to Ire Com- missioners for the purposes of thisAct, and such appointment from time to time to revoke.
Water supplied to
74. |
Govcrninent buildings and Estnblishments free of charge. | |||
| |||
regulations and penalties, with reference to the levying of such rates, as if they were Collectors appointed by the Municipal authorities for collecting the City rates, and shall ptty owr thc amount of such rates to the Commissioner, or to any person authorized by hirn, or, in clefault thereof, shall be proceeded against in the same manner as such Collectors, by any Act now or hereafter ti, be in force, are to |
"i. |
It shall be lawful for
any Collector, to be appointed by the Commissioner, to sue for, recover, and receive of and from the person thereto liable, any rate, assessment, or other moneys payable under the provisions of this Act, b~fore any Court of competent jurisdiction; and for the purposes of any action, suit, or other pro- ceedings, such rate, assessment, or moneys, shall be decrned to be\
due and payable to such Collector.
26" &27" VTCTORIB, No. 15.
Adelaide Waterworks Act.-1863.
77. Any person using or allowing to be used the water laid on to lands occupied by him for other than domestic or building purposes, except in cases of fire, or under an agreement with the Commis- sioner, or under clause 58 of this Act, shallbc liableto a penalty
of not less than Two Pounds, and not more than Twenty Pounds,for every day during which the offence shall be committed.
Penalty | |
number of cattle kept by him upon his lands, shall be liable to | |
penalty of not less than Five Pounds or more thrtn Fifty Pounds. |
Bonds. '79. Loans raised under the Acts No, 11 of 1857, No. 2 of 1860,
Loans and interest
and No. | |
repaid out |
80. The Commissioner shall, in each year, cause an account in | |
abstract to be prepared of the whole receipt and expenditure of all | |
moneys advanced to him, |
under the powers of this |
several distinct heads of receipt and expenditure, with a statement | ||
of the balance of mch account, duly audited and certified by the | ||
Auditor-General; and a copy of such account shall, on or before the thirty-first day of December in each year following, be published in the | ||
81. In all cases where any damages, costs, or expenses are by this Act directed to be paid, and the method of ascertaining the | ||
amount or enforcing the payment thereof is not provided for, such | ||
amount, in | no? | |
recovered in a summary way by and before two Justices. | ||
82. All fincs, penalties, and arrears of money, levied or recovered under this Act, shall, | ||
or other wrongful proceeding in execution of this Act, or by virtue
of any power or authority hereby given, and
if, before action brought in respect thereof, such person make tender of sufficient amends to the person injured, such lmt-mentioned person hall not recover iaany such action; and if no such tender have been made, the defendant may, by leave of the Court where such action is pending,at any time before issue joined, pay into Court such sum of moneyas he thinks fit, and thereupon such proceedings shall be had as
in other cases
where defendantsare allowed to pay money intoCourt.
84. All actions and prosecutions to be commenced against any | |
within six calendar months after the fact was committed, |
. otherwise.
26" &27" VICTORIAE, No. 15,
otherwise, and notice in writing of such action, |
a d protection of
shall be given to the defendant one calendar month at least before the commencement of such action; and in any such action the | ||
defendant | ||
shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought by or on behalf of the defendant, together with the costs incurred up to that time; and if a verdict shall pass for the dcfendmt, or the | ||
plaintiff become nonsuited, or discontinue any such action on | ||
joined, or if upon demurrer, or otherwise, judgment shall be given against the plaintiff, the defendant 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 plaintiff shall | ||
not have costs against the defendant, unless the Judge before whom the trial shall be, shall certify his approbation of the action, and of | ||
85. There shall be an appeal, in manner provided by the | ||
with respect to summary convictions and orders from any order | ||
of Justices, from any order of a Justice or Justices, under the provision of this Act, and from any order of Justices clismissing an information laid under this | ||
the I-ocal Court shall be removed by | ||
In the name and on behalf of the Q~zccn I hereby assent to
this |
D.
DALY, Governor,
SCH EDULXS
26" &27" VICTORIB, No. 15.
C'HEUULES REFERRED
TO.
A
|
Notice is hercby givcn, that I, the Commissioner of Waterworlrs, have caused to be made an nsseasinent of all rateable lands within the City of Acl~laide, showing the names of the owncrs or occupiers,
so far as the same can be ascertained, the cstimated annual value of the several lands, andit description of the same, showing which of the said lands are vacant lands, and that tllc same orn ccpy thereof, can be in~pectcda t the office of the Mnnagw of Waterworks, bet~vecn
the hours of11 a.m.and
3 p.m., on every day but Sundays, Satnrdays, and public holidays; and any oneintending to appeal against the assessment, must serve the notices reqnired by the Aclclaidc TY,ztcr\vorlrs Act, 1863, within olte month from the publication of this notice in the
Soulk Australim Goz~ernnzent Gnzetlc. Ililted, &c,
h m t ~ l n s
W~r~awol i r i s.
of Waterworks, and to all whom it |
1 | concern. |
Takc notice, that I appeal against the asscssincnt [or nltcmtion, noticewhereof
appears in thc Sotcfh | |||
Dated, | 1, |
Ngtice is hercby given, that the scale of rates
for this undertakinghi% beenreduced by [one-tenth
or the like], and this reduction will take effect on the [Slst
, or 30th June, 18 | .] |
Dated,
&c.
Commissioner.
, | do hereby declare that the average |
number
of [carriages, orof cattle and carriages, asthe casemay be1 which I intendto keep a t the [livery stables in,&C.], situate in street, Adelaide, is as follows, viz., [horses, cows, carriages, as thc case may be].Dated, hc.
XOTE.-If tho premises have becn occupiedfor thc precedingsix months, insertclause to this
effect | I do further |
dming
the preceding six months has notexwedcd
E
Nntice is hereby giventhat thereis now due,and has beendue for two years,
in respect of the lands mentioned in
; |
notice that,
unless the amount so due, together with the costs of and attending this notice, bepaid in one year fro111 the first publication of this notice, the Commissionermay lefthe same from year to pear, in manner provided by the Adelaide \VaterworksAct, 1863, oran application mill be made to the Supreme Court of this Provizwe, or aJudge thereof, foran order for the sale of the said lands, or so muchas m a y be necessary to produce th!: rates so due andcouta, as aforesaid, and also the costs ofruld attekdini the said application.Dated
Commissioner.'
Narnc |
. _ _ I - - - - - _ I - - - -
I
F
Declaration
A
, | do hereby declare that the building owned by me, |
street, and numb~red | on the notice of rate for t l ~ c | half year |
ending | , was unoccupied during | clcar months, com- |
, | and ending | , | . |
(Signed) |
, | -- |
0
0
0