District Councils Act 1852 (SA)

No. 16.

An Act to appoint District Councils und to define the powers thereo$ 7

L@ /& - /.+WF+.

[Assented to 25th November, 1852.1 -- I

HEREAS, with n view to the efficient administration of the Preamble.

Iocd affhirs of the Province of South Australia, it is expedient

to provide for the division of the said Province into convenient dis- tricts, and for the election of Councils, to be called District Councils, for the ~nanagement of the affairs of such districts, with the rights,

powers, a~ld privileges hereinafter specified: And whereas by a

certain Ordinance, No. 14 of one thou~and eight hundred and forty- nine, " For the Making and Iinproving of Roads in South Australia," certain Boards were constituted, to be called the " District Board of Roads," arid certain power and authorities were conferred upon aud vested in such Boards:

Be it . therefore Enacted, by the Lie~~tenant-Governor of South stitute G overnor district. may con-

Australia, with the advice and consent of t l ~ e Legislative Council thereof, That, from and after the passing of this Act, it s l i d be lawf'hl for the Gov~rnor, subject to the provisions hereiu-

after cori$ained, by Proclamation in the South ..izt,stralinn Gouern-

mend Gazette, to designate and constitute districts and define the

boundaries thercof; and that from and after such Proclamation, any distrlct therein designated shall be and continue a district for

all' the purposes of this Act.

2. And be it Enacted, That there shall be a Council in every District CQUPO~I~.

District within the Province, to be called the '' District Councii" of such District; and that such Council shall consist of five Mem- bers, being ratepayers within the District, to be chosen and elected as hereinafter pro&ded; and that the first District Council shall be appointed by the Governor, by Yroclamation published in the South ~u.rt.ra~ian Government Gazette; and the Members of aucl District Councils shall remain in office until the first

X day

day of January next following their election or appointment, and

thereafter until the election of their successors, when three of such

members sllall go out of' office.

3. And be it Enacted, That the Members who s l d l so go out of office shall be those Members who shall have been the longest time in office without being re-elected: Provided, tha,t of those who have been in office for an equal time without re-election the Members who shall go out of office, shall be such as not being Chairman, may be determined by lot among tlle members.

subsequent electi~m

of Councillors. 4. And be it Enacted, That, for the purpose of electing the District Councils for the following year, a meeting of the in- habitants of each respective District, qualified as afterrnentioned, shall be held on the first day of January in every year, uliless such day shall happen to fall upon a Sunday, and then on the

c	day following, at some convenient place within such District, of the time and place of which xl~eeting notice shall be given by tlie respective District Councils, or their Clerk, or authorized Officer, at least fourteen days previously, by advertisenlcut in the South .Australian Gor~ernment Gazette, and also by affixing such notice on the doors of such public places within the D~B-
trict as such District Council may determine: Provided, that if such notice shall not have been duly given in any llistrict, it shall be lawful for any Justice of the Peace, residing within such District, upon the request of three persons qualified to votc for such District to give notice of the time and place of such meeting.

Qualification of	5. ~ n d	be it Enacted, That at such meeting for the election of
roters.

Councillors all persons shall be admitted t o votc, who are occu- piers either as owners or tenants, within the District for which such election takes place of any property liable to be rated for the purposes of such District under the provisions of this Act: Pro- vided, that no person shall be allowed to vote who has not paid to the person authorized to receive the same all sums at which he is

rated under this Act.

~ Q W	m ~ r n e d	6. And be it Enacted, That a list of the persons rated for the District, showing which of such persons, if any, sllall not have paid their rates, shall be produced at such meeting by the Clerk or other Officer appoioted by the District Council; and a,t such meeting the Chairman of tlie District Council for the preceding year, if present, and if not, then such Member of the District Council as the meeting shall choose, and if no Member of such District Comlcil be present, then such other qualified person as the meeking shall choose, being
a ratepayer within the same District, shall preside at such election.

Mode of v~ting at

aectiona 7. And be it Enacted, That at every such election the voting

shall commence at ten of the clock in the forenoon of the day fixed for the election as aforesaid, and hall finally close at four

~f the clock in the afternoon of the same day (unless in case of:

obstruction

ol~struction or necessary hindrance, in which case it shall be lawful for the Cllairman presiding at such meeting to adjourn tlic same to the following day at the same hour, when such election shall finally terminate): and slid1 be conducted in warner following, that is to say, every person entitled to vote may vote for any

of persons duly qualified (not exceeding the number of Councillors then to bc chosen for the District), by delivering- to tllc Chairman a voting paper conLaining a description of his quali- fication to vote, and also the names of the persons for whom he rotes, such paper being signed with the name of tlle person voting, and the Clerk or authorized Officer shall, there~~pon, openly record such vote in the poll-book, and the voting-paper shall be cardully preserved by the Chairliian, and shall be open to public inspection for two montlls thereafter.

Examination of poll-

8. And be it Enacted, That after the close of the poll, the Chnir- man shall examine the poll-book, and, if necessary, compare the	books, and declaration
of the poll,
entries therein with the nssessment~book, and with the voting-papers delivered as aforesaid, for the purpose of ascertaining thc number
of votes given for each person, and so many of such persons
being duly qualified, and being not more than the number of Dis- trict Councillors then to be chosen, as shall have the greatest number of votes shall be deemed to be elected; and in case of an equality in the number of votes for any two or more such persons, the Cllairrmn shall, if' necessary, to prevent an excess in the number of District Councillors, decide by lot which of such per- sons shall be elected; and the Chairman shall, not later than two
of the clock in the afternoon of the day next but one fbllowing the
day of such election, publish a list of the names of the persons so elected; and he shall also send by post a notice to such person so elected, informing him of his being elected a District Couucillor.
9. And be it Enacted, that if any person duly qualified, who dial1 have been duly elected a Member of any District Council,	Penalty on refusal to
act.

shall refuse o r ? i i T $ j ~ t o - ~ upon himself such office, and to act

in suc~c2~3$F£6Tand during the period for which he s11-

so appointed, he shall forfeit and pay the sum of Twenty Pounds,

to be recovered witth costs of suit in any Court of competent juris-

diction, by the Chairman of such District Council, or by the Clerk, or by any other Officer appointed by such District Council in that behalf: Provided that any person not being a resident within the dis- trict for which he is elected shall not be liable to such penalty, if

h shall signify his refusal to act in such capacity to thc Chairman

or Clerk of the District Council within fourteen days next after he

shall have been so elected.

10. And be it Enacted, That no bankrupt or insolvent shall be No bankrupt or insol- vent to be a Ui~trict

capable of being or continuing a Member of any District Council. councium

11. And be it Enacted, That any person who, at any time after NO person holding office, or concerned in

his appointment or election as Distrtict Councillor, shall accept or B con,,, ,, , a

continue District Councillor.

continue to hold any office or place of profit under t l h Act, or be concerned or paxticipab in any manner in any contract, or in the profit thereof, or in any work to be done ~ulcler tlie autllority of the District C o u l d of which he is a member, s h l l tlleuceforth cease to

be n District Councillor, and his office shall tliercupon bccon~e va-

panies established by cant: Provided always, that no person, being a shareholcler, or a, in

xoyalCharter,~ct member of any Joint Stock Company incorporated by l!oynl

any Colonial Ordi-	of Parliament, or Charter, or established by any Act of l'a1diament, or any Act ur
name, not disquali- Ordinance of tlie Colonial Legislature, shall be prevented from
fied by reason of
coutracts. acting as a Councillor by reason of any coritract entered into between such Company and the l)istrict Council; hut no such Dis-

trict Councillor, being a mcnlber of such Company, shall vole on

any question in which such Company is interested.

Election of Chairluun 12, And be it Enacted, That a t the first meeting of ~;cch Dis-

of meetings.	trict Council respectively, such District Council shdl, by the nm-
Z	jority of the votes of the members present, elect one of their own body to be the Chairnixn for the ellsuing year; and annually there- after at the first nieeting to be holtlen after the elcction of' new members, each Ilistrict Council sl~all, in like manner, elect x Chair- man for the ensuing year; aid, in case the Cllairman shall die, or resign, or shall cease to he a member of such I)istl*ict council, or shall otherwise become disqualified to act as such, the said District Council, at its next meeting after tlie occurrence of such v t w m c y, shall clioose some otl~er of its body to fill such vacancy; R H C ~ tlle Chairman so elected s11all continue in ofice so long o d y as tlie person in whose place he was elected would have been entitled to co~l-
( tiuue Chairman; a d every such Chairman shall, for tlic ~e ' i nd of

4-f- his officede a J u m E e yeacc t o ~ c ~ s G 8 ' T T ~ k - e ' - " ? -

) vz%%GFiZtat F sGhh CL&irman%o not present at-any -iiG&inGf tlle

District Council, one of the Members of such Council present at such meeting s l d l be elected (.'hairman of such meeting by the iiia- jority of the votes of the Members then present.

Now election in case 13. And be it Enacted, That in the event of any vacancy occur- ring in any District Council, by the death, in~tpacity,

of vacancy, or refusal to

act of any Member, the Chairman of such ~ o u n c i l shall, within fourteen days next after such vacancy shall lmve occurred, g i ve such notice, as is hereinbefbre provided, of the time a.nd place of holding a public meeting ofthe mtepayers of such District, for the election of another person as Di~t~rict Councillor, and such election

shall be holdcn in thc manner hereinbefore provided with regard to

the annual election of District Councillors: Provided, that until a fresh election is had, the remaining or continuing Members sltall constitute the Distri'ct Council, and their acts shall not be invalidn- ted by reason of any such vacancy.

Quorum of District

Councillors.	14. And be it Enacted, That all powers vested in any District Council under this Act, except ns hereinafter provided, may be exercised by any three or more Members of such District Council
present at any meeting of such Council duly convened; and no

business

business s h d be transacted at any meeting of a District Council

unless three Members be present,

15. And be it Enacted, That every District Council shall hold an Annual nightly meetings and fort- to

annual meeting in the second week of January in each year, and b, held.

shall also hold meetings ttrice in each month for the dispatch of business, at such tinies and subject to such regulations as to notice or otherwise as may be .fixed by any by-law of such Council.

16. And he it Enacted, That all public Roads within any District Roach within District to be under the con-

nhich shall not for the time being be Main Roads, shall be under the trol

District

care and mnnngement,, and suhjcct to the direction and control of

of the District Council for the bistrict within which such roads are

~itunte; a id such District Council shall be Commissioners of

roads within the District for which they are elected.

17. And be E Enacted, That every District Council shall, as F,"c;;;pN t roab

soon as may be practicable, cause to be prepared a survey map or plan of all the roads of the said district, with the course, and bearings, and admeasurciiient of the same; and so often as any new roads, or any alteratioii in any existing h e of road shnll be made under any authority vested in suclz District Council, shall cause such new road or alteration to be delineated upon such map or plan, and oire copy of such map or plan sball be deposited in tlia. office of the Surveyor General, and another copy thereof shall be kept in the oflice of the clerk of such District Council, and such copies shall be open to public inspcction at all reasonable hours.

1 8. And be it Enacted, That cvcry District Council hll have ~is tr ic t Councils to

license Pounds undq

and exercise, within the District for which it is elected, all the ~ y o u n ~ n g ~ c t,

powers and ~~uthorities which, by the Ordinance No. 3 of

1847, "To amend the Laws relating td the Impounding of

Cattle," arc conferred upon, and to be exercised by the

Governor and the Justices of the Province, so far as such powers

and authorities relate to the appointment and removal of Pounds

and Poundkeepers, and tlm reducing or varying the scale of fees which under such Ordinance are to be taken and charged by any Poundkeeper, and thc appropriation of such fees; and all the pro- visions of the said last-mentioned Ordinance relating to any appoint- ment, removal, reduction, or variation, and every notification there- of shall apply to any act done by any District Council in the exer- cise of such powers and authorities; and all recogniennces to be entered into by any Poundkeeper and sureties, may be taken by and before, and may be put in suit by the Chairman or Clerk of any District Council; and all fines, penalties, fees, and sums of money which, by virtue of such last-mentioned Ordinance, go and be paid to the Colonial Treasurer on behalf of Her Majesty, shall, from and after the election or appointment of any Di&rict Council for the District whereill the same may arise, go and be paid to such District Couuci,l in etid of the fmds, of auch D~striet,

Y 19. And

Di8tr;et c ~ ~ ~ c i l 19. And be it Enacted, That it shall and may be lawful for any

issue slaughtering

licences.	District Council to issue to any person residing within the District of such District Council, a licence to keep a slaughter-house for the slaughtering of cattle within such District; and every person to whom such licence shall be issued, shall be subject and liable to all the rules, penalties, and disabilities, and shall do artd perform all things which, by an Ordinance passed in the fourth year of Her Majesty, entitled
An Act to regulate the Slaughtering and prevent the Stealing of Cattle," any persons licensed under the said last-mentioned Ordinance are required to do, and to which such persons are made subject and liable: Provided that no slaughter-house to be licensed as aforesaid shall be situate within one mile of the exterior boundary of the City of Adelaide.
May appoint Iar~pcc-
tors of Slaughter-	20. And be it Enacted, That any District Council may appoint Brands within the District of such District ~ o u i c i l; and every such Inspector shall have all the powers and authorities,' and be d j e c t to the duties and obligations of the Inspector by such last-mentiuned Ordinance authorized to be appointed: Provided, that where by the said Ordinance any Inspector is required to do any act before, or is made subject to the orders of any Bench of Justices, such act may be done before, aud such Inspector shall be subject to the orders of the District Council by which he sliall have been appointed.
houses and of Brands.	one or more persons to be Inspector of Slauqhter-houses and of
.4
*
Penalties, &C., nnder
Slaughtering Act, to	21. And be it Enacted, That all the powers arid authorities the stealing of cattle, are vested in, and to be exercised by any Bench of Justices, shall be enjoyed and exercised by every District Council within and for the District for which such Council is elected or appointed; and ewry fine, forfeiture, penalty, and licence fee, recovered or paid within any District, under such last-mentioned Ordinance, shall be paid to the District Council for such District, in aid of the funds thereof.
be p i d to bistrict	which, by the said Act to regulate the slaughtering and prevent
Councils

Penalties under Or-

dinance against the 22. And bc it Enacted, That all penalties and sums of money

wilf.l hnming of

recovered by or through any information authorised to be laid by

stubble, &C.

any District Council, under or by virtue of' an Ordinance No. 19, of 1847, To 'jmpose pena,lties on persons injuring or endangering the property of others, by wilful or neg!igent burning of stubble or other produce," shall be paid to the Dtstrict Council of the Dis- trict within which the offence, in respect of which such penalty is imposed shall have been cornniitted, for the use of such District.

D i e t r i n counci~~ to 23. And be it Enacted, That every District Council <hall, from and

have power of General

Mectings of Just~ces after the first day of January next fdlowing its appointment, have

to license putrl~c and exercise within its District all the p o w q 4 i c h by an Ordinance ,

bouees. passed in the secon&ear of Her Majesty, entitled &'An Act to regu-

-.-

late the retail of llquors and to+ireservBgood order in licensed puldic

l	nith regard to the hea7iilifiPpEatio~s~for l iceZs, and for the
houses," are given to General Meetiugs of Justices of the Peace

transfer thereof, and the granting of certificates of approval, and a,utllorizing the transfer of licences, or the removal of the business

of a licensed person to other premises; and every notice which by

tile Ordirrance last aforesaid is directed to be given to the Clerk of the Magistrates, shell in any District be given to the Clerk of the District Council thereof; and every act required to be done and

by tlic Clerk of tlie Magistrates, shall in every District

be done and performed hy the Clerk of the District Council thereof;

and all the regulations of the Ordinance last aforesaid, as to the meetings of Justices and proceedings thereat, shall apply to and regulate the meetings of the District Councils, for the hearing of applications for licences and the transfer thereof; and all fees made pyable by such Ordinance to the Clerk of the Magistrates, shall be

to tlie Clerk of the District Council, for the use of the

District; and a)l ~enaltiea recoverable under the said 1ast:mentioned

Ordinance, except as to the moiety thereof assigned to ,.-- -7

informers, be a1 to the District Council of the District within

o c c is committed, for the use of such District. *

24. And be it Enacted, That under and subject to any general Depataturin~Licencea.

rules which may, from time to time, be made by the Governor for

Ihe dcpasturing of thc wastc lauds of the Crown within any

Hundred, it shall be lawful for any District Council to issue licences to the owners or occupiers of land witliin such District, authorizing the holders of such licence to depasture cattle upon the waste and unsold common lands of the Crown within such District, in con- formity with any by-laws to be made for such purpose by such District Council, under the power in that behalf herein contained; and all fees payable upon such licences shall be received by the District Council issuing the same, for the purposes of the District: Provided, that nothing herein contained shall affect any lease granted or to be granted by the Governor, under authority of any Act of Parliament or Order in Council.

25. And bc it Enacted, That every District Council shall have District Councils may

authority, under and in accordance with regulations for that purpose

timber licence@*

to be fr6m time to time issued by the Governor, to grant licences for the cutting of timber upon the wastc and unsold common lands

of the Crown within the District of such Council; and all fees

payable in respect of such licences shall be received by the Dis-

trict Council issuing the same, fbr the purposes of the District.

26. And be it Enacted, That it shall be lawful to and for the said District Conncil may

District Councils or any of them to make, publish, alter, modify, make b~-lawa.

amend, or repeal such by-laws and regulations as to them or any

of them shall seem meet for regulating their proceedings, and,

subject to any general rule to be made by the Governor as afore-

mid, for regulating the depasturing of cattle upon the waste

aud unsold common lands of the Crown within each District, and the

issue of certificates to license such depasturing, and the rate and manner

of payment for the same, and to prevent any person not being so

licensed

licensed from depasturing cattle, and to restrain any persons being licensed from exceeding the number of cattle which they may be so licensed to depasture upou such waste and unsold common lands; and also for the inspection of weights and measures; and also, subject

to such regulations as aforesaid, for the cutting of timber upon the

waste and unsold common lands of the Crown; and also for the establishment, regulation, and support of schools within such District; and. ds; for the management of any property vested in or belonging to any such District Councils for the use of the District; and also for assessing, imposing, levying, and collecting, and

also for appropriating and expending any rates or assessments which

such District Councils may be authorized to impose, collect, and levy within any District; and also for the regulation and control of any

Poundkeepers, Inspectors, servants, or officers to be appointed by such District Boards, and the time and mode of payment of their sa- &es, and the securities to be taken from any Poandkeepcr, Col- lector, or other officer; and also for the more effecttmlly carrying out

aU and every of the powers and authorities herein given to such Dis-

trict Councils; and also to appoint by such by-laws such fines as they shall deem necessary for enforcing such by-laws: Provided, that no such bylaw shall be repugnant to this ~ c t, or to any Onlinance

or Act in force for the time being within the mid Province, and that

no such by-law shall subject tlw party violating the same to im- prisonment, and that no fine so to be appointed shall exceed the

s u of Ten Pounds, and that no such by-law shall be made unless

four Members at least of the said District Council shall be present:

Provided also, that no such by-law shall be of any force until the

expiration of forty days after the same, or a copy thereof under the hand of the Chairman for the time being of such District CounciI

shall bave been laid before the Lieutenant-Governor and Legislative

Council at any Session of the said Council next ensuing the date of the by-law, nor until a copy of the same shall have been published in the Government Gazette for at least one week; and if at any time within the said period of forty days, the 1,ieutel.lant-Governor,

with the advice and consent of the said Council shall disallow the said	bylaw, or any part thereof, such by-law or part thereof so disallowed,	shall not come into operation: Provided likewise, that it shall belawful
for the said Lieutenant-Governor, by and with such advice as afore-
a id, at any time within such period of forty days, to enlarge the period etin which any by-law shall remain inoperative, and no such by-law shall come into operation until after such enlarged period; and every such by-law, published as aforesaid, so far as the eame s b d not be so ss aforesaid disallowed by the Governor, shall, at the expiration of such pedod of forty *days, or of such enlnrq-ed

eriod as aforesaid, have the force of law within the di~trict byihe

i&&tdict Council whereof it shall have been made.

Aseeaement8for Ui- 27. And be it Enacted, That, for making, maintaining, and im-

trict a~ada	pmnhg the District B d q and for other the purposes of this Act, the several District Councils respectively shall cauae an assessment
b be made of d buildings, land$ tenements, and hereditarnents

within

within each District, not being the property of the Crown, nor my church, chapel, licensed school, or other public building, according to the full estimated annual value of t h same, and shall cause such assessment with the names of the occupiers, ur owners where there are no occupiers, of such builtiings, lands, tenemeiits, and heredit>an~ents, and the nat'ure of the property assessed to be entered in a book, and shall give public notice of the making of every such assessment, aud of the time (not being less than fifteen days from the publicfition of such notice) and place of hearing, and cleternlining objections tllereto, ancl a true copy of every such book shall be lrcpt in the custody of the Clerk of such Llistrict Council, a id sl~all be open to inspection at all reasonable hours upon payment to such Cle~k of a fee of One Shilling; slid if ally persol; sh11 object to any such nsscss- ment on the ground of any error, omission, irregularity, or over- cllarge therein, he sliall give notice of sucli objection to the Clerk

of the District Council, vitlrin fourtccn days iron1 thc publication

of the notice of snch aasessment, and every sucli objection shall be publicly heard and dcternlind by two or more Justices of the Peace, n-hereof the Cllairman of such 1)istrict Council may be one, at s meeting to be held at the time and place fixed. in such notice,

or at some adjournment thereof, and it s l d l be lawful for such

Justices to allow of snch objection in whole or in part,, and to alter any assessment in conformity with such allowaiice, or to overrule such objection, and the assessment so altered, or if no alteration is made, tlien the original assessi~leiit shall be signed by two Justices present at such meeting, and sl~all thenceforth be binding a d conclusive upon all persons named tllerein, or affected thereby, and tllze prodnction of any assessment purporting to be so signed shall be evidence in any legal proceeding to all intents and p~i*poses, t h t such assessment has been duly made and con- firmed according to the provisions hereof: Provided, that if two Justices sliall not be present at the time and place so appointed

for any such n~eeting, it shall be lawful for any one Justice present

thereat to adjourn such meeting to any subsequent dav not being

'at a greater intervad of time than one week, and so Erom time to

tinzc until two Justices shall attend.

28. And bc it Enacted, That as soon as conveniently may be Rate public to meeting be fixed of at

after the confirmation of any assessment as aforesaid, a public meet- ing of the ratepayers of the District shall be lleld at solve convenient place within the District, and at a time wlzereof public notice shall have been given as herein provided, and at such meeting the Dis- trict Council s l d l cause to be produced n statement of the amount of the aggregate annual value of all property within the District accordinq to such assessment, and shall propose m rate to be made upon d p r o p e r t y included in such assessment not exceeding Two Shillings in the Pound upon the annual value thereof, and it shall be lawful for such meeting to adopt such rate, or to alter the same, and to adopt such altered rate, but so as that no n t e to be so adbpted ~haU exceed such amount of Two Shillings in the Pound upon such

z assessment ;

assessment; and from and after the adoption of any rate by such meeting, every person described in such assessment as tlie occupier

of any buildings, lands, tenements, or hereditaments, or as the

owner of any such buildings, lands, tenements, or hereditaments, where there shall be no occnpier thereof, shall Inc liable to pay such

rate according to the amount at which suclr buildings, lands, tene-

ments, or hereditaments shall be valued in such assessnlent: Provi- ded, that at any such meeting, every ratepayer sl.iall be entitled to the number of votes following, that is to say-if the property in respect of which be votes, is not assessed at a greater annual value tban Twenty-five Pounds to one vote, and to an additional vote far every additional Ten Pouncis of annual value at which such pro-

perty may be assessed: Provided that no ratepayer shall be en-

titled to more than six votes, whatever may be the a,nnml value at

which his property may be assessed.

29. And be it Enacted, That, as soon as conveniently may he, after the adoption of a at any such public meeting of the rate- payers of any district, a notice thereof, in the form or to the effect of Schedule A, to this Act annexed, shall be publis1w.l in the South Austrnlinn Gooernmen t Gazeftc; and in any proceedilig for the recovery of such rate, the Gazette, contaiaiag such notice, shall

*	be evidence, to all intents and purposes, that such meeting was d d y
held, and that the rate mentioned in such iloticc was duly adopted
at such meeting.
Rates, how to be re-
covered.	30. And be it Ti:nacted, That the amount of any rate so adopted as aforesaid, according to the assessment for any district, may be V
recovered from tlie party appearing in such &sesslncnt asd the owner or occupier of any property assessed before two or more Justices of the Peace, and such matter rimy bc heard a,nd deter- mined by such Justices in a summary way; or at the option of soy nistrict Council by action or suit in any Court of competent jurisdiction; and any such procccding, action, or suit may be had in the name of the chairman of such lh t r ic t Council, or of the clerk thereof.

~ i a t r i c t Councils may 31.

And be it Enacted, That if it shall at any t h e appear expedient security of the rates of such district, for any of the purposes of this Act, such District Council shall cause a notice of their in- tention to raise a loan, with the amount of suoh proposed loan, and the rate of interest to be paid in respect thereof, and the purposes to which it is intended to be applied, and dso the amount of the rate which it will be necessary to impose in order to provide for thc rc-imhnrsement of such loan, within the period hereinafter prescribed, to be published for four consecutive weeks in the South Australian Government Gazette, and sl~all also cause copies of such noitice to be afixcd upon the doors of all churches, chapels, and public places within the district, and at the expira- tion of such period of four weeks, shall cause n public meeting

give notice of their

intention to raise	to any District Council to raise any sums by hay of loan upon the
loans.

d

of the ratepayers of such district to be convened by such notice

as hcrein provided, for the purpose of considering the expediency

of rdsiug such loan as aforesaid, and at such public meeting shall

propose the raising of such loan and also a special rate to be made

for the re-iuhursement thereof with interest.

32. And be it Enacted, That it shall be laa.ful for the rate- Meetingofrate- pttyers, fipec~ally con-

pyers of any district, at any public meeting convened as here- vened, may sn,,etiuo

inbeforc lastly provided, to authorise the District Council of such loans and impuse	district to raise by way of loan, any sum of money not exceeding rate for repayment.
the an~ount mentioned in any such notice as aforesaid, and also to adopt any special rate to 6e so proposed to such mceting, upon a11 tlle p~operty included in any assessment for the time being in force wit,hin such district, or to be in force during the existence
of such rate, and any special rate so adopted shall continue in
force until, but llot after, the repayment of the amount so authorized to be raised, with interest thereon; and shall be payable yearly in respect of any property mentioned in such assess&& for each year that it s l d l remniu in force: Provided, that every such special rate s l d be agreed to by two-thirds of the nuluber of votcs present, and be co~rfirnled at a subsequent meeting to be held for that purpose not sooner than one month after the previous meeting, and shall be applied solely to the paynient of such loan and nterest a11d s1nal.l be of such an amount as to ensure the payrneut of any such loan and interest within fifteen years at the farthest from the time of raising such loam: And provided also, that the ;trnoant of such spccial rate, together with any other rate to be raised undcr the a,6tllority hereo{ shall not cxieed the amount of Two Shillings in tlie Po;nd hereihbef'ore authorized to bc imposed: And provided, filrtller, that at any such niccting the ratepayers &all vote according to the scale hereinbefore fixed with regard to meetings for the adoption of rates.

33. And be it Enacted, That after any such public meeting shall ~~f~~~~~~ may

have authorized the raising of %ny loan as aforesaid, it shall be lawful assign rates.

fur tlle District councilL' of sGch District to issue Bonds under

the hand and seal of the Chairman of such District Council, for

such sums not exceeding in tile whole the amount of the loah so ahhorized to be raised, as such District Council may deem expe- dient, and at such rate of interest as may have been authorized as aforesaid, and upon such terms as to tile periodical repayment thereof' as such Council may think fit, and also to assign such spccid rate to the person or persons advancing money upon such bonds, or to any person or persons in trust for him or them, and after any such assignment, any special rate so assigned shaU be recoverable by and in the name of the person or persons to whom any such assignment thereof may have been made, or in the name of the Chairman of such District Council, or the Clerk thereof, from the same person and in the same manner as is liereinbefore provided with regard to rates adopted by any public meeting

of ratepayers.

34. And

Notice of special rate

to be published.

34. And be it Enacted, That as soon as conveniently may be after the adoption of any such special ratc as aforesaid, and in every succeeding year on or immediately after the day upon which such special rate shall become payable, a notice thereof in the fora or to the effect of Schedule B to this Act annexed, shall be published in the South Australian Government Gazette, and shall be affixed at the Post Offices and such other p ~ b l i c places within the district as may be thought necessary, and in any proceeding for the re- covery of such special rate, the Guaette, co~ltaiuing such notice, shall be evidence to all intents and purposes that such special rate was d d y adopted at a meeting duly summoned and held for that purpose; and shall also be evidence, until the contrary slisdl be shewn, that such special rate was in force and payable in respect of the assessment for such year.

District Councjlsmay

3 j, And be it Enacted, That it shall be lawful for such District Councils to appoint such clerks, servants, iuspcctors, rangers, col- lectors, surveyors, and other officers, as they shall judge necessary for the purpose of carrying into effect all or any of the powers vested in them by virtue of this Act, and, from time to time, to remove them, or any of them, and to appoint others in the place of sucll as shall be removed, or as shall die, resign, or discontinue to a d in such office, and may pay such wnsonable salary or allowance to any such officer as to such District Council may seem proper.

%ppoint officers.

Officers to account.

36. And be it Enacted, That every Collector or other officer appointed or employed by m y District Council under the authority hereof, shall from time to time, whcn and in such manner and form,

and to such person as shall be required by such District Council, or by any by-law thereof, make out and deliver a true and perkct ac-

count, in writing, under his hand, of all moneys received by him on behalf of such District Council, and such account shall state how, and to mhom, aud for what purpose such moneys shall have been

disposed of; and, together with such account, such oEcer shall deliver the vouchers aud receipts for all payments, and every such officer shall pay to such District Co~mcil or to any person autho-

rised to receive the same, all moneys which appear to be owing from

him upon the balance of such accounts.

Summary recovery

against persons failing 37. And be it Enacted, That all claims, by or on the part of any

to account.	District Council to any moneys due and owing from, or to any
vouchers, receipts, papers, writings, propersty, n d effccts ~vliatsoever,
retained or not duly accounted for, by ally suck1 Collector or other
officer, may be heard and determined by ally two or mwe J U S ~ ~ C C S
of the Peace in a summary way, and such Justices may order the delivery of any account, and the payment of any sum of money appearing due from, and the delivery of any vouchers, receipts, papers, property and effects retained or not accounted for by such Collector or other officer, or the payment of any sum of money
upon the non-delivery thereof, and such order shall be enforced in

the

the same manner as a summary conviction by any two or more Justices, and any moneys, vouchers, recvipts, property mid effects, mentioned in any order, shall, when received or recovered, be paid and delivered to such District Council.

38. And be i t Enacted, That if anv such Collector or ot l~er officemrefusingto

-'. make out account and

officer slrall, when ordered by m y Justlee, as aforesaid, refuse to deliver up ducumentB,

make out such account i n writing, 4 r to produce a i d deliver up tile &c.,maybecommitted several vouchers and receipts relating thereto, or to deliver up any to prison.

books, papers, or vritings, property, effects, matters, or things in his possession or power, belonging to any District Council, it shall be lawful for such Justices, at their discretion, to conimit mch offerider to gaol, there to rernaiii until he s l d l have made out sucli account, and del iwed np all the voucllws and i~ce ip t s in his pos- session or power relating to such accounts, and the books, pyers, witings, property, effects, matters, and things in his possessloll or power belonging to the District Council.

39. And hc it Enacted, That evcry 1)istrict Cou~~ci l sllall keep Accounts to be kept of receipts and dk-

true and re,pl.zr accounts of all sums of rr~orlry rrceivad nod paid ursernerits w11ic11

open for in-

by such District Council, and of the scveral purposes for which slull spection.

sucli sums of money slinll have been reccivcd m c l paid, and sllall cause such ncconnts to be balxllced twice at lcnst in every year, nucl every Member of such District Council, and evwy ratepayer for tlie District shall and way, n t all reasonnblc tilnes, wit1loll;t fee or reward, inspect and t:&e copies of, or extracts from stxcli accouuts.

40. Ant1 be it Enacted, That, a t the Annunl Meeting to be lxld pomtcd. A u d m s t o be

for the Election of' Uistrict Councils, two or more pi.sous not

being District Councillors sllnll be chosen to be auditors of the

accolints of the District Council, and the persons so to be all-

pointed auditors sl~all have the like qo:llific:rtion, and s l d l be Qaalifirntion of

subject to the like disqualification or disability as the Mcnibers of ,,,,,

District Courrcils, and the auditors so appoiuted 8'1iall receive such

reasonable ren~uneration for their time and tro~zblc, as the District Council may allow, and all expenscs which they shall be put to in attending the auditing of the said accounts.

41. And be it Enacted, That the auditors so nominated shdl, Auditors toinvcct

~croon t s, and may

as soon as convenieiltly may be after the half-yearly balancing of .,,,,,l ,,inst

accounts, proceed to audit the accounts of the District Council for g;;;iz;firme	if
the halflyear preceding the said half-yearly b:llmce, and the District Council shall cause to be produced and 1:dd before such auditors the said accounts, together with proper voucllers in sup- port of the same, and all hooks, papers, and writings in their custody, or power relating thereto, and any person illtcrested in the said accounts as a rate-payer, or otherwise, may be present at
the audit of the said accounts by himself or his agent, and may

make any objection to any part of such account, and if the said A 2 accaulits

accounts be found correct such auditors shall sign the same in

tokerl of their itllowarlce thereof.

Annual accounts to

b:: made up	42. And be it Enacted, That every District Council shall, every ing the total receipt allcl expenditure of all funds levied or received by virtue of this Act for tlre year ending on the day down to which their accounts shall be made up previously to such Annual Meeting as aforesaid u d e r the several distinct heads of Receipt and Expendi- ture with a statemei~t of the balance of such account duly audited and ccrtifiecl by the Cliairn~an of the District Council, and also by the auditors thereof, and sllall produce a copy of the said account at such Annual Meeting for the inspection of every ratepayer attending thereat.
zmil to be open to	year, cause an annual account in abstract to be prepared show-
ivspcctiitn.
43. And be it Enacted, That i f any person entrusted with the receipt or disposal of money unler h i s Act shall fraudulently dispose of, or retain in his o w n possession, or apply to his own use, an)- money ' ~ i t l l the receipt or disposal of which he s l d havc
bee11 so entrusted as aforesaid, such person s l d l be deemed
and taken to have stolen the same, and shall be guilty of larceny.
1)i.t: iit f hnncils may	44. And be it Enacted, That every District Council may pur- chase, take, receive, accept, acqmre, seli, demise,%.d dispose of any lands, tenements, hereclihlneuts, goods, chattels, and things, ancl contract and agree for the same, and become a party to ally deed, conveyance, sprc~ment, or instrnmcnt for giving effect to such poreliase, acquislt~on, sale, ddciise, or disposition, or for the perforruaocs or construction of any w o ~ k or the delivery or removal -

c ~ m m v t, m e, &C., by

name of oliicer.

of any materials by the description of the District Council of the

district for which the same is elected, and may take security by way of boml, obligation, or otherwise, by such name as aforesaid, and

by such name mn. sue and be sued, implead and be impleaded,

tiesnm e de endc +,L mswer and be answered, and the land,

acquired, :tnd every such deed, conveyance, agreement, bond, acd in-	tenements, and hereditan~ents, goods and chattels so purchased and	strument, and ail moneys to arise from any such sale, demise, or disposition, slid1 and inay vest in and accrue to the benefit of, and be enforced by, the District C f-osuch district for the time
being, for the use of-the said district. _____----------

Theds, contracts, &c,	45. And be it Enacted, That every deed, conveyance, agreement,
to ha executed by

.Chairman,	or instrument to which any District Council is a party, shall and
may be executed by the Chairman of such Districi ~ o k & d, in the ----M
name and on behalf3'> the same-
District Councillors

not to be personally 46. And be it Enacted, That no District Councillor shall be

liable for acts done	subject to be sued or pros&uted by any person whomsoever, and
in the capacity of s
District Councillor,	the bodies, goods, or lands of the several District Councillors

shall

District Councilloxa

to be indemnified for acts ctonc in thc oxe-

cutiou of thcir office.

47, And bc it Ennctctl, That execution upon every judglmnt Executions to bo

or &cwe :~g:iiust any LXstric~ Couwil, in m y actiorl or sult, to	lcvicd on tllc goads
bclu~~gi~rg to 1)istrict

be lno~~gll t or i~ist\t,utcd by or against such Uistrkt Council Coui 8 clilvrs, by virtue

sl-tall be levied 011 the goods, ch:tttels, or pcrso~ral effects be-	of' thcir office only.
lon,qiug to tile District Council for the use of the District, :tnd
shall not in nnv nmmCr extend to cllarge or in;dce liable the pcrsoli,
or private latlds, or goods o f any of the District Councillors, or of

the heirs, CSCCII t,urs, or :~diuiuis t ra t~rs, of m y of tllen~.

48. And hc it 1Snnctcd. Tlmt in any itldictlneiit to be preferred by

any District Couilcil :~gaitlst ally pCrso11 who slid1 steal, or wil-

fdly i*,jure, a d in any procecdiiqs to he instituted in relation to,

any prolmmty or tlliiig belol~giug to socli District Council, or uuder

their o~;lnagcil~c~lt, it-sllall be sotficient to state generally tlie pro-

perty or thinc, I- in I-espcct of wllich such iudictlrleut slrall be pt.rfi-r~-ed

or proceediug instituted, to be the propcrty of such District Coumil.

49. And be it I'zmctect, That any summons, or notice, or writ, or Service of notice npon ' any Histrict Coun-

d e r proceediug at law, or in equity, requiring to be served upon cillori*

any District (.'oul~cil, umy be served by thc same being left for, u r

sent tl~rough the l'ost Office directed to such LXstrict Council, at

their principal office or usual place of meeting, or by being given

given to m y olre Coui~cillor. personally to the Clerk, or, in case tlierc be no Clerk, then by beiug 5 0. And be it Euacted, That every order, summons, notice, or Aatllentiention or

other such document, requiring autheotication by any District Coun-	and Ordm
cil, shall be ~ufficiently authenticated if' signed by tiic Chairinan or by the Clerk of the Couucil, and the same may be in writing or in priot, or partly in writing and partly in yrht.

51. And be it Enacted, That, with respect to the proof of debts in r ~ ~ f o f d ~ b t ~ t,

insolvency, i f any person, against whom any District Council have bankuptcy-

any claim or demand, become insolvent, according to the provisions

of any Ordinance relating to insolvents, the Clerk or other officer in

that behalf, appointed by such District Cound, in all proceedings

lgainst tlro estates of suEh insolvent, or under any fiat or act of in-

~ o l v e n c ~ against such insolvent, m y represent the District Council;

and

and act in their behalf in all respects as if such claim or demand had been the claim or demand of such Clerk or officer and not of the

District Council.

public notice how to 52. And be it Enacted, That whcnever by this Act public notice

be given,

is required to be given by any District Council of any act, matter, or thing, and no particular mode of giving such notice is prescribed, such notice s h d be given by advertisement i11 the South At~sfrulirrn

Government Gazette, and by affixing the same upon such public places within the district as such District Council may think fit.

53. And be it Enacted, That every district to bc constit~zted

under the authority of this hct, shall be of a compact form, i ~ d

shall contaiu not less than ten square lililes of land, and fifty

inhabited houses, the inhabitants whereof shall be the owners or

W

occupiers of five hundred acres withill such district.

NO dis+rict to be con-

rtittlted exccpt upon 54, And be it Enacted, That no Proclltmat.ion for the constitutir~g

, t i, i, n ~ u ~ y p u ~ ~ s ~ e ~	a district for the purposcs of this Act shall be issued by the
in Gdzette.	Governor until after a petition shall have been presented to him by two-fifths, or by not less than ollc lrundrcd, of the rateable inhabitants of such proposed district, p a y i n g that such Proclamation may issue, and which petition d d l (:ont:~iu
n description of the boundarics of such proposcd district and thc name of five persons reco~i~n~euded to the Governor for the first Council thereof, nor until after such petition slx~ll lmve been published for three consecutive weeks in the 8ou th A trst, cl!ian Government Guzette within whicl: period it shall be lirwf'ul Ior m y person iuterestecl therein to show cause against such petition, or any part thereof; and after the expiration of such tlwce weeks, it shall be lawful for the Governor, with the advice of the Esccutive Council, to issue a Proclamation designating and constitutil~~ a district, and appointing the first Council tllcreof, either nccordq to the prayer of such petition, or wit11 such m(lificati011 and alteration as upon any cause so shown as aforesaid may appear
expedient.
Mew districts to be

constituted. 55. And be it Enacted, That it shall Fe lawful for thc Governor,

at any time, upon the petition of any iluntber of ratepayers within

any district, not being less than twenty, by proclau~ation in thc

South Australian Gocerrlment Gaxettr, to separate my part of any

district from the residuc thereof, and to constitute suclr part a dis-

trict, either alone or in conjunction with any other district, or with a part of any other district, or with land not theretofore included in any district; and that, from and after such proclamation, such

newly-constituted district shall, for all the purposes of this Act, be eeparate from the district of which it formerly was a part, and

8haU be, and be deemed and taken to be, a district: Provided, that

no

no such newly-constituted district shall divide one part of any district from the residue thereof; and providcd also, that m y petition for the constitution of such new district shall be published in the South Aus- tralian Gouernmertt Gazette thirty days at the least before such new district shall be constituted; a d that it shall be lawful for the Governor to refuse to constitute such new district, upon snfficient

cause to him shewn against the same.

JOHN MORPHETT, Speaker.

Passed I he Leyislative CO uncil this eighteenth day

of November, one thousand eight hundred

and fifty-two.

F. C. SINGLETON,

Clerk of Legislative Council.

In the name and on the behalf of Her Majesty I assent to this. Act.

H. E. F. YOIJNG,

Lieutenant-Governor.

Government House, Adelaide,

25th November, 1852.

SCHEDULES REFEKK,ED TO

District of NOTICE ia hereby given, that a t a public meeting of t he

ratepayers of the aid district, duly held on the day

of a t , i t wits resolved to adopt st rate of

in the pound, upon thc asresstnent for the said district, and all persons whose names appear i n such asuessment are hereby required, within fourteen days from the publication hereof, to pay the amount of such rate according to the sum a t which they appear to be asseesed in such assess- ment, to the Clerk (or Collector, or other officer), a t his residence, at

Dated

(Signed)

Chairman.

District of ) NOTICE is hereby given, that at a public meeting of the rnte-

payers of the said district, duly held on the day of

a t i t was resolver1 to adopt a specisl rate of in

the pound, upon the assessment of the said dibtrict; and that such rate should remain in force for the period of fifteen pears thmi the m:ikirig thereof; or until the repayment of the loan by the said ~rrcctitrg autlmrizccl to be raised; and all persons w h o ~ e nnnles appear in the aeseb~mcat f'or such district for the current year are hereby required within fourtecn days after the publi- crltion I~ereof, t u pay the amount of such rate, according to the sun1 a t which t l i ~ y y q ~ e a r to be asvessed in such asseesment, to the Clerk, (Collector or other ollicer or assigncc of such rates as the case may be) a t his residence at

Dated (Signed')

- - 4- ----U- U--

--p - - - - - >

-- - - -

ADELAI~E; Printed by authority, by W. C. COX, Gorerument Piintcr, Victoria-sqnare.