District Councils Act 1858 (SA)
No* 10.
[Assented to, 24th 'December, 1858.1 | - |
Be it therefore Enacted by the |
Govxnor-in4 'hief of the Provi~ice of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said f'rovincc, in this present Parliament assembled, as follows-
l. This Act may be cited, for a11 purposes, as the " District Coun-
P'e2imifl~l.y.
cils ,4ct, | 1858," a i d shall take effect from the passing thereof. | Short title to and mencement of Act. |
Schedule. |
shall be and the same are hereby repealed, save so far as is necessary | E x c e p t i o ~, |
to give validity to all acts hitherto done in pursuance thereof, re- spectively, and save so far as may be necessary to enable afiy penalty to be imposed, enforced, or recorered, and savc so far as may be necessary to enable any punishment to be inflicted for any offence against the said Acts, or any of them: Provided that all districts, wards, and District Councils heretofore constituted and designated, and appointed under the Acts respectively numbered |
pealed, which it would be lawful | such pcrson to hold nnder the gro- |
visions of this Act, shall coxltinue in and hold such offices u n d ~ ~ | and |
su1)ject |
subject to the provisions of this Act; and all proceedings | |
commenced and prosecutcd and now depending under the repealed Acts, or any of them, shall proceed in every respect as if this Act had qot been passed; and plnovided also thi t all lands, tenements, and hereditaments vested in anv District Council shall be and continue vested in and the pope;ty of the District Council for the districtin which the same aresituated; and a11 otherproperty belonging to any District Council shall be ancl continue the property of the said District Council; and all rates and debts due beforc the passing of this Act to any District Council may be collected, levied, and recovered in manner provided by this Act for the recovery of any rates and debts; and all the rights, liabilities, contracts, and engage- ments of any District Council, or any officer or other person appointed or elected under the provisions of the repealed Acts, or any of. them, and entered into by any such District Council, officer, or person under the provisions of the repealed Acts, or any of them, or to which any District Council, officer, or person may Fe entitled or subject under the said Acts, or any of them, before the passing of this Act, may be enforced by and against thc said District Council, officer, or person, as if this Act had not been made, subject | |
in all cases to the provisions hereinafter contained. | |
certaili | |
is to say- |
" District," | " Ward," | '' District Cour~cil,"" Councillor,"" | ("hairman," |
or Auditor," shall extend as well to any district, ward, District Council, Councillor, C'llairnmn, or Auditor, respec- tively established, appointed, or elected before, as to any district, ward, District Council, Councillor, Chairman, or Auditor, respectively established, appointed, or elected after the passing of this Act:
b~Officer," shall extend to any Clerk, Treasurer, $urveyor,
Valuator, Collecter, Poundkeeper, Inspector, Ranger, or
Constable, who shall be employed in any district in any such |
office, under or in the gift or appointment of a District Council, and whether appointed beforc or after the passing of this Act, and whether acting in performance of the duties of one or more of the above-mentioned offices: |
" Rateable Property," shall extend to all buildings, lands, tenements, and hereditaments, but the following, namely-waste lands of the Crown; land the property of the Crown and used for any public purpose; churches, chapels, places for the worship of God, licensed schools, or schools deriving aid from Government or a District Council; public buildings and lands appropriated or held upon trust for any charitable or pnblic purpose, or reserved or set apart for the benefit of the aborigines of the said Province:
Ratcpaycr "
" Ratepayer" shall mean the occupier of rateable property, or the
Prelinzircnr?/. owner of unoccupied rateable property:
Waste Lands of the Crown," shall mean any land the property
of the Crown, not sold or contracted to be sold, or set apart or appropriated for any public purpose:
Common Lands of the Crown," shall mean all litncis belonging
to S e r Majesty,
Person," shall extend to a Corporatioli, sole 01. aggregate,
4. Wherever public notice is by this |
it shall be given by insertion in the South Azcstrabian
Government Gazette, and by posting handbills, either in writing or print, or partly in both, on every public pound and post ofice in the district, and on every other place appointed by the District Coun~il by by- law as a place for posting notices.Division of
Act into
5. This Act shall be divided into six parts- | |
The first relating to districts, wards, District Councils, Coun- cillors, Chairmen, Auditors, and officers and servants of District Councils: | |
The second, to revenue and expendit,ure, assessments, rates, axd |
loans:
The third, to thc general powers, duties, and liabilities of District
Councils, and their officers and servants:
I. |
The fourth, to meetings of Councils and ratepayers: | ||
'l'he fifth, to offences and pcnaltics: | |
The sixth, to legal procedure and evidence: | |
- -'l< -- |
6. Any one or more of the following acts may, from time to Govcmor, byProola.
time, and at any time, be done by the Governor, with the advice of | to do certaiu | actrr. | |
the Executive Council, by Proclamation, founded on a petition of ratepayers- |
2_1__
New districts may be constituted and designated of land, wholly New districts nlay be | without or wholly within, or partly without and partly |
within the limits of districts then in existence: |
The boundaries of districts may be altered either by separating Boundarics of districts
part of a district from and declaring that it shall no longer
may be a'tered, form part of
s district, or by adding to a district other land,whether theretofore included or not within the limits of a
district. Land so added, may be divided or formed into
wards or a ward, with such names or name as may be thought
fit; or the land so added, or any part thereof, may be joined
to any ward or wards already existing:
into wards or a ward, with such names or name as may bc thought fit: Wards
r. | Wards of a district may be re-arranged, a i d the number thereof increased or dirninishcd, or the bounda~ies |
thereof altered: | |
The name of a district or ward may be altered: | |
The first District Colmcillors for a new district or ward or wards |
Wards may he re-
formed within or added to | |
of Chairman fbr the District Council, may be appointed: | |
The number of Councillors to serve for each ward formed within |
or added to a district may be fixed: | |
Any vacancy in the office of Councillor occurring before the first |
Chairman of a District Council has been elected, may be sup- | |
plied by fresh appointment. | |
What |
be | s- | |
For forming a new district, the boundaries of thc proposcd district, and also the bounctaries of every district, or part of
a district, intcndcd to be included in the proposed district,
sliall be described, and the @aturcs of not less than two-
fifths or twenty of the ratcpnycl-s of the proposed district | - | - |
shall be necessary: |
For altering the boul&rics of a district, thc boundaries of thc piece proposcd to be separated or added shall be described, and the signatures of not less than two-fifths or twenty of the ratepayers of the piece proposed to be separated or added s l d l be necessary:
For dividing or forming a district or part of a district into wards or a w r d, or re-arranging the wards of a district, the boundaries of tllc waid or several wards into which it is pro- posed that the district or part of a district shall be thence- forth divided orformed, shall be described, and the signatures of not less than two-fifths or twenty of the ~itepa.yers of the
district, or part of thc district proposed to be divided or |
formed into wards, or a ward, or the wards uf which arc to |
be re-arranged, shall be necessary: |
For altering the name of a district or ~ i ~ a r d | the petition shall bc |
signed by not less than two-fifths or twenty of thc ratepayers
of the district:
If there shall be no more than ten ratepayers within any district, or part of a district, or piece of land not therefore included in a district, and intended to be included in or added to any district, then the signatures of any ratepayers shall not bc necessary; but the petition shall be signcd by two-fifths or twenty of the ratcpnycrs of the district, or proposed district, to which. it is ~ r o l ~ o s e d that the addition sEia11 be made, or |
whcrcin it is proposed that the district, part of a district, or
piece of land, shall bc i idnded:
Far
PART I.
For apyoil~ting | a C'o~ulcillor or Councillors, the name or names |
of the pcrson or persons proposed for the appointment shall | ||
be stated, and the signatures of five ratepayers shall be | ||
necessary: |
For fixing the nunher of Clouncillors for \varrds, the number of Councillors proposed for each ward shall be stated, and the signatures of five ratcpayem shall be necessary:
Thc petition shall pray the Governor to do the act or acts
required.
8. 'l'hc petition shall be published three successive wecks in the | lished in |
Petition to be pub- |
9. .lily pcrson or persons may, by menlorial to the Governor; show | Cause may be shown |
c:tnsc. against the petition, or any part tllercof. | agaimt petition. |
10. Thc Proe1anl;ttion inay issue at the expiration of three weeks froln the first publication of "the petition, and" may grant the prayer ot t l ~ c pcbtition, or any pn1.t thercof, with such alteration or modifica- | Proolamation may |
tion as 1my app(w | and expedient. |
l l. T1w l'roclamation sl~all | b~ lmblisherl in the |
i d | r o ~ ~ t a i n | such description | of | boun- f $ ~ h j, " B ~ ~ ~ { ~ ~; - |
clnries, | ill a petition praying the Governor to h i e s. |
do tlw partin~lttr | act or acts b j the Proclamation eaected. |
12. Any part of a district to which the provisions of the Acts Part of adirtrict to
relati~lg | ; | t | 3Lllniripal C'orpnnitious or any of them hare, before the |
passing of this Act, or may hereafter be extended, shall cease to be | or be considered part of a district, as from the date at which the |
p \ i s i o n s of the said Acts or any of tllenl were or may be extended thereto. |
13. Any part of a town, to which the provisions of the Acts Part of a town in-
relating to Municipal Corporations or any of them have or may be
$ ~ ~ ~ ~ ~ s; ~ { ~, &
applied, and which, subsequently to the extension of such Acts, or to the |
any of them to such town, has been or may be by Proclamation, included in or added to a district, shall cease to be or be considered part of
n town, or to be subject to the said Acts, or any of them, as from the date of the l'roclamation, whereby the same part of a town has bwn or may bc, iaclucled in or addcd to a district.
14. The Council of event district shall consist of five members when the district is not divided into wards, and of a Councillor or (:ouncillors for each ~vard where wards exist, the number for each ward to be as fixed before the passing of this Act, or as may be fixed under the provisions of this Act. | of |
he must be a ~atepaYeer | of the district for which he is appointed or |
clected. | 16. The |
Q
16. The following pprsons shall not be or continue iucn~bem |
Councils- | |
Coun c ittors,
liquors: |
An uncertificated bankrupt ar insolvent:
A person who, at the timc of his appointment or election, shalthold, or, after his appointment, has accepted or shall accept oi- continue to hold any place of profit under or in the gift of
the District Council for which he is appointed or elected, or
of which he is a member, or who shall a t the titnc of his appointment or election, or subsequently be concerned or participate in any manner, in any contract or work or the profit thereof, to be done under the authority of the District Council for which he is appointed or elected, or of which he
is
n member:
This provision shall not extend to any membei* of ;m\- joint stock company, incorporated by ltoyal Chartcr. or uatnblished hy or incorporated under the provisions of any Act of the h- |
perial Parliament or the Legislature of South Australia, which may be concerned in, or party to any contract with, or work done under the authority of a District C'ouncd.
Exemption from
be liable to any penalty for not serving, as Councillors, that is to say-
A Member of the Legislative Council or llouse of ,I\senlbly:
A person who, at the time of his appoiutlncnt or clcrtion, map reside, or after his election may go to reside, or bj- reason of alteration in the boundaries of a district, may becorue rcsident out of the district for which he is appointed or elected:
A person who, hwing been appointed or elected a Councillor
under any of the Acts hereby repealed, or this Act, has | ||
served or shall serve the full time during which a person duly qualified was or may be entitled to hold the office under such appointment or election, without re-election, and who at any time within three years from the end of his aforesaid service, | ||
|
A person who, a t the time of his appointment or election, is, or during his tenure of office may attain, sixty years of age:
To entitle any person, other than a Member of the Legislative Council or House of Assembly, to exemption under this clause, he must, if appointed by Proclamation, and the first Chairman of the District Council has not been elected, within fourteen days after his appointment, or the happening: of the event exempting him, send. through the post to the C'hief Secretary of the silicl Province; and whether he is appoiuted or elected, | |
he
lie must, if the first Chairman has |
days after the election or appointment of such person, or the |
happening of | the event exempting him, deliver or send through | |
the post, addressed to the Chairman or Clerk of the Council, a |
notice, claiming exemption, and stating the grounds thereof', -- |
18. The following causes shall create a vacancy in the office of | vacancies |
occasioned.
Councillor; and no vacancy shall be supplied by appointment or election unless it shall be occasioned or occur as under-
Death, lunacy, or idiotcy:
Absence from the said Province for three consecutive ordinary meetings without leave of the District Council, or non- attendance at the meetings of the Council for three conse- cutive ordin;try rneetinp, without snfficient cause, followed in either case by a resolution of the District Council declar- ing the seat vacant, which resolution the District Clouncil may pass within three weeks from the end of the abscncc or non-attendance, but arc not bound to pass:
I)isqualification, and notice tllercof sent through the post by the disqualified person to the Chief Secretary, if the disqualifica- tion exists or occurs before the first Cllairman of the District ('ouncil is elected; or in any other case, delivered or sent through the post, addressed to the Chairman or Clerk:
Resignation, by notice dcli~ered | to the Chairman or Clerk b y the |
person resigning:
Retirement by rotation, as lierein provided
F,sernptiou under this -4c t:
The judgment or order of any duly authorized Court or Justices declaring a seat vacant on the ground that is not properly qualified, appointed, or elected, or declaring | that any person ought not, from any cause hereby declared, | to disqualify, or from incapacity to act, or any other lawful |
cause, to hold or continue to hold office: |
Judgment of ouster, under any proceedings in the Supreme Court, instituted before the passing of this Act.
19.
At the first annual election, after the passing of this Act, Retirement ofCoun- on the establishment and appointment of a District Council, and at
Ciu0r5 by every subsequent annual election, until a district may be divided into wards, and, where no wards exist, three of the members shall retire from office.
20. The members to retire shall be those that have been longest
who to rrtbe.in
office without re-election; and when the number cannot be thus made up, a ballot shall take place between those who have been anequal
PART 1.
equal time in office without re-election, to ctecide as to wllic-11 'of' |
dbunr~illors,
a district is divicled into wards, at the first annual elm- |
tion held after the passing of this Act, or after the appointment or |
-- - | - | - |
w h o sl~rtil | r ~ t i r c | |
Chairmall nnot | t o h d - |
lot. | |
Vacancies existing at | |
the annual mm t in8 |
not duly held, it Inay | 24. If from any cause whatever the necessary notices shall not be |
given for, or the annual meeting shall not be held, or the object of | ||||
time. | ||||
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Y a c ~ n ~ i a |
25. F.xt,raorclinary vacancies sliall be filled up at any general |
of I ntepayers. | meeting of r:~tepayers, to be called for the purpose by the District Council. |
When district divided |
into wards, Coun- | 26. Whenever after the appointment of the first Councillors for |
cillors to be elected. | district, the district or any phrt thereof, shall be divided or formed into wards or a ward, or a ward or wards shall be added to a dis- trict, a general meeting ahall be forthwith called and held within each warcl so formed or added, for the election of the necessary Councillor or Councillors. |
Election to ta le place |
although nsac~smcut |
not | be held, although the District Council may not have prepared the assessment |
assesameiit-book for the then preceding or for any year, and not- |
ithstanding any o~nission | or breach or neglect of duty or default on |
tllc part of the 1)istrict Council, or any of their officers. | |
28. Councillors retiring at the annual election shall coiitinue in | Cou;cillora | - |
oV~ce | until the necessary elections to supply vacancies llave taken to hold ofice until | successors elected. |
29. After a district shd l be divided into wards, and so soon as | Aftcr first election of |
Councillors for warda, |
Coui~cillors are clccted for wards, all tllc former Cu~ulcillors | shall | former members shall cease to |
cease to be Courrcillors, unless re-elected. | cillors. |
30. | ceasing to be so shall |
Members for a ward | |
no longer | |
part of a district from the rcslcluc, thc Councillor or Couticillors for |
s ~ ~ c h | ward shall cease to bc n member or lnctnbers of the District |
C'o~incil.
31. When any person shall be electcd for morc t lml one ward, he slut11 not be considered a inember for eithcr until he, hy notice | Whcn the same person |
elected for more than | |
one ward, he shall chuose, o r Cour~ctil |
in writing to the Ilistrict Cnuulcil, or in deft~ult | tllcrcof for six days | hall resolve |
after the election the IXst rict C"ounci1 by resolution sllxll dccide for | ward he s l d l a e r w |
~vllich ward he s1:all serve, and a fresh mceting or ~ncctings sliall be held to supply the vacancy or vacmcics for the ward or wards for which hc inay'br elcctutl arid not serve. |
32. Any ballot required to talic place beforc the retirement of | before the ~1Ulud |
Bdlot to taku place |
mcmbcrs s l d take place before noticc of tilt annual n~ectiilg | shall | m-ct~ng. |
be given. |
c1cc:tiim mc~eting | |
Justirr: may call any | |
ihr any rncctiilg r ep i r ed to be held for any election purpose within fonrtcea days after the circuinstancc happened renclering | which Council neg- |
lected to call. | |
suc!l rnccting necessary, or if the necessary noticc for an annual mccting bc not given, or if any election mwtiiig, of which noticc sllnll be given, shall not be l~clcl, or sllall f i d. any Jnsticc of thc T'c~lce, whether rcsiclent within or ~vitllout the dibtrict, may giw |
public notice uf nncl call such meeting. |
Ju5tici. to caucc ballot | ||
|
filling up vacalicics occasioned by nniiual uctirernent, he sliall causc | my mypti~rg | is callcd |
to be hacl any ballot wliich may be necessary, at an open meeting | by him. | |
within the district, in the presence of at least fivc mtcpnycrs, of the time and place of holding which he shnll cansc to be given to the District Council tlircc days' previous ~loticc., ant1 the ballot may bc taken i11 the absence of any nlewlbcrs of the Cjouncil. |
On publication in
perron elvctcd he shall | |
any person has bccn clcctecl a C'ouncillor, such person shall lie and | be a Couucilloi. |
continue a ('nunsillor until a wcaucy shall occur in respect of his scat as herein pro~rided. |
Chainma elected |
clcction |
election shall be held, | of' |
votes; and, if there shall be an equal number of ~ o t c s | for two or. | |
more members having the largest number of votes, the person to act |
as Chairman shall be chose11 by lot between those members having | |
- | the equality of votes; but the omission to cloct |
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|
District Council.
Councillor or Chair-
to hold his office, shall be cligiblc for. rc-clcc?ion. |
There shall be two Auditors for a District C 'o~md, who
shall be clected at tlic annual mceting of I-atcpaycrs, ill the saiuc
manner iu every respect as Councillors are to be elcctccl.
Auditors, how to be
40. TVhen a district s1i;tll be diviclcd into |
i.g. | meetings shall be held for more than one warcl for olectinn of Coua- cillors, votes for Auditors shall be taken a t cach n-art1 niccting, and any ratepayer, residing in a wal-d wlicwein uo dcction talics placc, |
ratepayers can vote only in the ward wherein the rateable propcrt y, in respect of which they inay be entitled to votc, is situated, | |
41. Those persons ha~ring the largcst aggregate irnmbcr of votrs in the whole of the wards in which elections take p lac~, |
b l d l be |
hdl
be hudi-
dcclnxed elected by the C:hairman of tlic District Couilcil to whom the voting papers' and poll books arc to be sent, and ~ h o, | ||
| ||
elected as Auditors. | ||
42. When there shall be ail omission at the armual nleeting or district |
meetings to elect Auditors; | |
be held in some part of the district whcreal any ratepayers of tllc |
Qualification, | 'l | he qualification or disquxlification for, or eseinption from |
acting in the office of Auditor, shall be the same as in the case of | |
a Councillor; except that the Auditors need not bc uateyzyers within | |
thc District; but no Co~~ricillor shall bc Auditor for the District Council of w11ich he is a nlcmber. |
And the following causes shall create a vacancy in the office of Auditor, viz. :-Death, lunacy, or idiotcy:
Absence from the said Province at the time at which the half-
yearly audit is aypointcd to t alre place, or non-at t endance
a t
Escinption undcr this Act:
'Tlie judgnicnt or ortlcr of any cl~dy | autliorized Court or Justicccj |
declaring the office wcnnt on the ground t h t an L4nditor is uot l~roperlv q ~ d i f i e d or clecttd, or tieclariug that any p m ~ n ought wimt, from m y ca lm hcrcby declal-cd to dis- (ludify, or from iilcapacitj to act, or any otlicr lawful cause, to holci, or continue to hold, thc officc of' Auditor:
Jndgn~cnt of onstrr lmder any p~~>ceeclings | in thc Sul)rcmc |
Court iilstitntccl bcfbrc the passing of this Act.
44. | l ? ~ c r y | Di~ t r i c t | Council Inay fionl timc to timc ai~point | itli(t cotmcllmay appoint |
rclnovc | s ~ w h | officers and scrvnnts awl other l)ersoils, as may bc |
nccessxsy for carrying out the l~urposcs of this Act; and take any wcurity iiom or on bclialf of any such officer or servant, or otller pwm,
a y t h ~ y "lay think fit and sufficient for thc due perfbrmance of thct dutics of hi5 nfficc; uiid any pcrson may I d d two or more ofKc.es, hilt the ofliccs of l~or~ncl1~cel)clr ancl ranger shall not be heldhv tllc same pcrson.
46. | 'l'llc | following.])ersoiis am rsempt froni scrviilg as const;iblcs: | l i: w l ~ ~ t i o n | or |
Jlentbers of the TAcgislativc Council 01. IIo~tse
of' Asselnibly; officers LOnst'blcs~
i n the scnicc of | pay; persons in the pay of |
tlw Go\-erni~lcnt of the. said Province; Justices of t l ~ e l'eacc; 3Iinistcrs
of' Kcligion authorized to solemnize marriages, ailcl Schoolinasters;
3Ielnbers of the District Council; Practitioners of the Supreme Court actual1 y practising, and duly qualified Meclicd Pmctitioners; Gowrnors of Gaols. Cholcrs, ancl K C C ~ ) C ~ S of Lunatic Asylunls; | Sheriffs' Officcrs 3 r d l'olicc | Constiiblcs; and any onc who has servecl |
in p t ~ s o n or by a substitute, or has paid any peiidty inflicted 111ion Iiim for refusing to scr\
C- until cvcry other ptrson liot cscmptcd m(1 able to serve on the list fbr the ycar of the service of thc pcrson so exempt, and of (:wry ellsuing year, shall haye served in person or by s~tbstitnte, or shall be resident out of C11c district, or shall have been convicted and f i n d for not serving; but service as a sub.;titntc is not to be reckolicrl as service for the yuryosc of exemption.
47, 'I'hc Clerk or Collector of every District Council shall, on or List nfprrsons |
beforc tllc first day of July ncst, and in every succeeding year, on or
,,,,,,t,l,,,, before the first day of July, nlake out i l list in writing of personr
1inl)le tc srrvc as District Oonst:hlcs, with tlic names, rarik, and
calling, an(. place of rcsidcnce of every lmson so liable.
and Post Ofices ant1 other placcs w11ich may be appointed by tllo | |||
District Council for the district by by-law, as places for posting | |||
lmblic notices, and to each copy so affixed shall bc) annevcci | |||
stating a place within the district, and a time, not being less than | |||
fourteen days from the posting of the list at which all objjections to | |||
|
at all | times bcfore the day alqointed for the meeting, |
and hearing objections by the Ilistrict C o m d.
District | C o u n d to | 50. The District Council sllall meet at the time and place men- tioned in the notice, and the Clerk or Collector sllall attend, and the District Council shall hear objections to tllc list, and lnny examine any personsqon oath, or affirilmtion and may either allow or disallow any objections, and coiifirnl the list with swll alterations as may be necess~ry by reason of the allowance uf any ol)jcctions. |
meat and settle list.
51. After the confirination of t'hc list, tllc District Council shall choosc thcrefrom the nzlmcs of such ycrso~is as tlicy inay think necessary to scrw as constables for one year from the date of tlicir bcing swom in. | |||
c~unstables. | |||
| |||
ndininistcr to each person c'hosen the follon ing oath or ailfirmation:- |
" I (A. B., of C), do swear thstl I will truly
seTI7c: our SovereignLmly the Queen in the o%cc of Constablr, for the l'rovince
of South Awtralia, f ~ r | the year no\v ncst follu\viiig, accord- |
ing to the best of lny ability ancl sliil1.-So | h d p nlc God." |
Person | |
provide substitutc. | |
|
Tist of | the District Council, within fourteen clays aftcr |
be published in | the ,pl,ointlllent | and swearing | in | of | c o l l ~ t u b k ~, | shall send to the |
Chief Secretary a list containing the ilaincs of all pc~.sons | so S-worn, |
~vllich ~1x41 be published in the | |
year of | office, or Ee dis- |
qualified, or if any person chose11 constable shall not, on being summoned, attend and be sworn, or find a snbstitutu, the District Council shall at any time thereafter choose from the said list another person to serve as constable in the place of the person so rcfusing or neglecting for the remainder of the year: And if tlle constable causing the vacancy was substitute for some other person, the District Council shall summon the person originally chosen to attend and be sworn, who shall be bound to attend and
bc sworn, or toend
find a suhstitnte to be sworn in his stead, to serve for the
of the year, and if less than two hundred days shall have elapsed
since the first appointment of constables for that year, but not
otherwise, the service of tlre person appointed to act and serve for
t.lie rernaincler of tlre year by hinrself or a substitute shall be
rcckoncd to llirn :rs scrvice for that year,
56. l3very constable, when employed in the service
of anyRemuneration of
sumrnons or other proccss, shall receive, as a remuneration for | |
the same, the fee payable in respect of such service, which fee the | |
Justice issuing.such summons or process, or the Clerk of any Local Court or Justices, shall a i d is hereby authorized to pay to the constable serving thc same upon being satisficd that the summons or other proccss has been duly served. |
,,, |
:- |
Rents, profits, and incoine which niay be received from any lands, tenements, and hereditaments vested in them, or over which | |
- - - |
they may have the control and managcnicnt. |
Proceeds arising from the salc of any lands, tenements, and |
hereditaments vested i11 the District Council; or the property of, or undcr the management of, the District Council, which they may be authorized to sell.
Fincs and penalties imposed or inflicted for any offence against
this Act or the Repealed Acts, or any of them, or any by-law
of a District Council, and committed within the district,or for any offence committed by, or for any breach or neglect of duty on the part of any Councillor, ratepayer, officer, or otlier person in any matter relating to the district or Dis- trict Council, or any Councillor or officer, or in respect of any elcction or otlier mccting, or proceeding in connection with such district or District Council, Councillor, or officer, all which fines and penalties sllall be paid to the District
Filies and pcnaltics imposed in respect of any offence committed within the district under the several Acts and Ordinances mentioned in the Schedule hereto, marked B; all which fmes and penalties shall be paid over to the District Council fbr the use of the district, save such part of any fine or penalty as may be payable to informers, which shall be paid to such informers, except in cases when the information is laid at the instance of the District Council, when the whole penalty shall be paid to the District Council. | Council for tlrc usc of thc district, |
Fees payable for any licence granted, or act or thing done by virtue of this or any of the repealed Acts, or any of the above-mentioned Acts, or any by-law of a District Council by the District Council, or any officer of the District Council; or which, by virtue of the said Acts, may be receivcd by the District Council, or any oficer or
person iu their employ,
and |
and appointed by the District Council, except fhes payable |
Bevenue and Ex-
for licences granted under the Acts relating to Liccnsed | |
Victuallers. |
General and special rates and loans. All other moneys received by the Ilistrict Council, or any officer, |
by virtue of this or any repealed ,4ct, or any of the Acts
above-mentioned, or any by-laws.
58. The District Council may expend such rewnue as follows- | |
In purchasing any land, tenements, and hereditaments, or pro- perty, real or personal, which may be required fox carrying out the purposes of this Act: | |
In managing and maintaining any lands, houses, tenements, and hereditaments, and property real or personal which may be vested in them, | |
District Itoads:
I n maintaining and managing water and other reserves for public convenience, and all jetties, piers, and breakwaters, of vhich the District Council may have thc control and management, and in the making thereon such improwments as may be considered necessary for the public conrenience,
ar in fur- therance of the purposes for which such reserves, jetties, piers, or breakwaters, wcre or may be made or appropriated:In establishing, maintaining, and managing schools, and school-
houses:
I n salaries or fees, by way of remuneration to the Auditors, or to any Clerk, Treasurer, Surveyor, Valuator, Collector, Schoolrnaster, Poundkeeper, Ranger, Inspector, Constable, or other officer, or person heretofore or hereafter appointed under the pomcrs vested in the District Council by virtue of this or the repealed Acts:
Act.
59. Any person appointed to, or holding any office under or in |
the gift of a District Council, may be paid either by salary or by any fees p d d to, or received by him by virtue of his office, or partly by salary, and partly by fees. |
special rates | shall be applied | to the pur- | ||
poses for which they shall be respectively raised or levied. | |
61. Every officer appointed or employed by any District Council shall, from time to time, when, and in such manner and form, and to such person, as shall be required by the District Council, or by any by-law thereof, | |
in writing, under his hand, of all moneys received by him on behalf |
of
of | Ih t r i c t C'ouncil, or by virtue of | his office; and such account |
shall state how and to whom and for what purpose such moneys
shall have been disposed | of; | and, together with such accouut, | such |
ments, Ihles, and
officcr shall deliver the vouchers and receipts for all payments; and | |
every such officcr slltlll pay to such District Council, or to any person authorized to receive the same, all moneys which appear to be owing from him upon the balance of such account, |
62. Every District Council shall keep true and regular accounts District Council to | keep accouuts of |
of all sunls of money received and paid by such District Council, mo,lcys received and
and of the several purposes for which such sums of money shall have paid.
been received and paid, and shall cause such accounts to be balanced
twice at least in every year ending on the tllirtieth day of June;
and every member of such District Council, and every ratepayer
for the district shall and may, a t all reasonable times, without fee
or reward, inspect and take copies of, or extracts from such accou~lts,
both before and after the same are audited.
63. The Auditors shall, as soon as conveiliently may be, after the Auditing accounts.half-yearly balancing of accounts, proceed to audit the adcounts of the District Council for the half-pear preceding the said half- yearly balance; and the District Council shall cause to be produced and laid before such Auditors the said accounts, together with proper vouchers in support of the same, and all books, papers, and writings in their custody or power relating thereto; and if the said accounts be found correct, such Auditors shall sign the same in token of their allowance thereof,
64. The Auditors Inay refuse to allow any person to be present at Auditors may r c f w | persons to be present |
the audit of | the accounts. | at auditing accounts. |
65. Xvcry IXstrict Council shall, on or before the thirtieth day ofcouncil s1m11 cause
June neat (ifter the | passing of | this Act, or the | appointment of the | ~ | l | ~ | ~ | ~ | ~ | ~ | ~ | & | ' | ' | e |
District Council), and on or before every subsequent thirtieth day
copy at aruual meet- of June, cause an account in abstract to be prepared, showing the ing,
total rcceipt and expenditure of all funds levied or received by virtue | of this Act, for the year ending on the 30th day of June, as aforesaid, |
under the several distinct heads of rcceipt and expenditure; with a statement of the balance of such account duly audited and certified by the Chairman of the District Council, and also by the Auditors thereof; and shall produce a copy of the said account at the annual mccting of ratepayers, for the inspection of every ratepayer attcnd- ing thereat. |
66. All the money of every District Council, whenever the same Xroncy to be paid
amounts to | |
money shall be paid except by cheque, signed by the Chairman and one other Councillor. |
67. Whenever it shall be considered necessary for any of the Asaeamentaofrr te-
purposes of this Act, a District Council may make an assessment of | ProPertY. |
all
all rateable property within the district, according to the full | , |
property assessed; and the same shall be entered into a book, and |
" thereof three copies at least shall be made, which shall be deposited at
different convenient places within the district.
Notice Of
68, Public notice shall be given of the making of sudt assess- ment, and of the places where the copies thereof may be seen; and the copies shall be open to inspection at all reasonable times. |
against
as-
ssmment. |
That he is not owner or occupier of the wholc, or any, or somc particular part of the rateable property for which his name appears as owner or occupier:
That the rateable property for which he appears to be ihe o m x r
or occupier is assessed beyond its full and fair annual value i
That any rateable property, or the owner or occupicr of any
rateable property within the district, is omitted from the
assessment;
That any rateable property is assessed below its full and fair annual
value:
That any property included in the assessment is not ratcable.
Correction of cnors | |
in assessmont. | |
Notice of altoration, |
and appeal therefrom. person affected thereby may, within ten days, appeal therefrorn, on |
any ground which would have warranted an appeal, had the same |
a;>pearcd in the assessment when notice thereof was first published. |
Co~nc i l | may |
sessment of previous | 72. The District Council, in making an assessment, may usc the assessment of the last or any previous year, with such alterations as |
,,, | ,din, .,,, |
sary alterations. | may appear necessary, and such assessment, on notice thereof being given for the current year, shall be sufficient to satisfy the require- ments of this Act. |
District | |
the pound. |
74. From
Recenue and Ex-
rate or rates may be made for the year ending as aforesdid, at a general | |
meeting or meetings of ratepayers, on the rateable property included | |
in such assessment, so as the full amount of rates levied by the |
District Council, and at any meeting or meetings of ratepayers, do | bemade bp |
not exceed in the aggregate one year. |
75. The District Council shall, at ercry meeting of ratepayers for
~; ; ~; o ~ ~ ~ y a r y p making a rate, propose a rate, and the meeting may adopt the
W refuse proposed
proposed or some other rate, or may rcfme to adopt a ratc. | mte, |
76. If i t shall at any time appea~ expedient to the District | niiisinglnone~ | of loan. | by |
Council to raise any sums by way of loan upon the security of the rates of the district for any of the purposes of this Act, the District Council shall cause to be given public notice of their intention to raise a loan, with the amount proposcd, and the ratc of interest in respect thereof, and the purposes to which it is intended to be applied, and also the amount of the rate which it will be necessary to impose in order to provide for the reimbursement of the loan with interest within the period hcreinafter prescribed to be given, and shall cause a special meeting of the ratepayers of such district to be called for the purpose of considering the expediency of raising such loan as aforesaid, and at such special meeting shall propose the raising of the loan, and a special rate to be made for reimbursement thereof, with interest.
nuthorizc or refuse to |
loan, of any sum of money not exceeding the amount mentioned in |
the notice, and may make any special rate upon all the rateable
money by loan.property of the district according to the assessment for the time
being in force, or to be in force in the district, or may refuse to
raise any loan or make any rate.
78. A special meeting of ratepayers shall afterwards be cdlcd ing of mttpayers | spc'ial me't- |
for the purpose of considering the resolution of the former meeting; |
and at that meeting the ratepayers may adopt or reject such loan
and special rate.
to by two-thirds of the votes given. | 79. At both meetings, thc loans and special rate most be agreed k;y;$$;ty;tt;;, | ||||||||||
|
raised under the authority hereof, exceed the amount of '.l'wo Shillings in the Pound, for any one year; and shall be of such an amount as shall, according to the annual value of the ratcablc property of the district as assessed for that year in which the loan is made, insure the payment of the loan and interest vithin fifteen years, :it the furthest, from the time of raising the lotm, allowing, in the collection of the rate, and for contingencies, Ten Pounds per centum on the
special rate for each pear, 81.
At
T
81. At every meeting to consider the question of inaking any rate |
ments, Rates, and book in force for the currcnt year, with a statement of the aggreg~tc
annual value of all property iiicluded in the asscssitleilt accordlilg |
-- | - | - |
| ||
mcnt book atmeetings. | ||
|
After any loan and spccial ratc shall have becn tlnly autkorizeci, the District Council maj. issue bonds for such sunrs no! exceeding in the whole the amount of the loan so authorized, and nc t cxreedinp the rate of interest authorized, and upon such terms as to tlic perr- odical payment thereof as to the Jlistrict Council may wcin fit, and may assigxl the special rate to the pcrson lending the amount, or to any person in trust for the lender.
issue bonds.
\vhorn rates |
be recovcred. | District Council, and special rates either in the same inannr:r, or by and in the name of the assignee of the same, who shall havc a11 the powers for the recovery of the same hercin conferred on thc Uist~ict |
Council. | |
~ersonprinlarilyliable |
t o pay ratee. | $4. The pcrson primarily liable to payrncnt of the mtes sllnll be |
the person appearing in tlic assessment book as the occqier of any rateable property, or the owner of any unoccupied ratcal~le property;
or the rate may be ~ecovcrcd at any time aftcr n cle:nand | fro111 any |
person iu possessioi~ of the property at the time :lie rate is dell~aililed; and if' at any time the property is meant, or thew
bc no sufficiciciit distress, the owner shall be liable.
85. Any person in the actual reccillt of the rcnts or p~*ofits | of any | |
rents to be comdcred |
rateable property shall bc considered and liable as owucr, whether acting aeageiit for some other person or otllcr~visc. |
86. Every District Clouncil shall be called the IXstrict Co~mcil | for |
the &strict-for which it is appointed, and shall llave prqwtnal suc- |
of *is- ccssion, and by its corporate name mlty purclmse, take, receive,
accept, acquire, sell, demise, or dispose of, any lands, tenements, and |
Name and privileges | hereditaments, goods, chattels, and things, ailcl contract and agree |
Comcils. |
for the same, and becoinc a party to any deed, conveyance, agree- ment, or instrtmcnt, for giving effect to such purchase, acquisition, sale, demise, and disposition, or for the performance or construction of any work, or the delivcsy or removal of m y materials, and may take sccwity by way of bond, obligation, or otherwise, a i d by such aume may sue and be sued, implead and bc imylcadecl, in any Court or before any tribunal wlmtever.
Decds,howtobe s i ~ l c d | |
and executed. |
.Dirrtrict Councils may | 88, The District Council may purchase or accept, either from |
the
the Crown or ally pcrson, m y 1a11~1, | tenci1icnts, and hcreditamei:ts, |
Gctzerd potocrs
for any ccmetcry, school, or for any other district purpose, and may | |||
accept a gift, conveyance, or a s s ipnen t of any land, tenements, or | |||
hereditanlents, for aily charitable or public purpose not connected | a z c p t lands and tcncmcnts for pal&: | ||
with religious \vorship, and hold the same upon such trusts or for | purposcs. | ||
such purposes as may be declared by the donor, | |||
Powers to lease or | |||
89. Tlie District Council may, from time to time, demise, let, manage, or improvc any lands, tcnemcnts, and hercditaments here- tofore or hereafter acq~urcd in such manner as niay be considered expedient, and as shall nut be inconsistent with the purposes for, or | irnprovu lands. | ||
the trusts upon, which the same may bc held. | |||
90, Any l a r d now or hcreafter held by Trustees within a district upon trust for any pnblic cemetery or school, may by the said Trustees | acccpt conveyances of | ||
nistrict Councils nmy | |||
lands from Trusteea. | |||
be convcyecl to the IXstrict Council, if the llistrict Council shall be | |||
willing to acccpt the trust, and the said District Council shall hold the s&c upon ihc trusts originally declared in such grants or such of the trusts |
91. '\\'liere any lancl within a district is now vested in Trustees for Public rncctillgo
any public cemetery or school. and the llistrict Council have tbe Trustecv to oonvcy | ratepagcrbnlay compel |
control ancl nran;tgt.iiicxlt thereof, or the appointment of new rFrusteea land to Dirtlict | Cou~icil | in ccrtdu |
in casc of vncAancy, | and the Trustees shall not be willing to convey ,,,,,, |
the same to t l ~ c | District Couucil, or tlrcre slid1 be a n y difficulty in |
tlie
w r l y of such c o i ~ ~ e ~ a n c e 1)eing perfected, the District Council may call n sliecial meetiiig of ratepayers for the purpose of deciding ~vhcthcr sudi lmrll( shall be transferred to ancl held by tlie District C:ouncil, ancl at such inccti~ig if a majority of three-fourths of the ratepayers clcciclc that the land shall be transferred to and vested in the I)i\trict C'onncil, thc same shall be transferrcd to and vested i11 the IXstrict Comlcil accordingly.92. 'CT'lren any land, tenements, and hereditamcnts have or may TVhcn lands
convcyed
be granted or con^-eyed to any District Council for any purpose, or trict Councils, and by | to or in trust for Dis- |
have or may be held upon trust for any District C'ouncil, and by | being mcorporated |
reason of the district being inc~rporated | with any other district, or |
of any separation, or from any other cause, the land so granted or inn. part of a new | tlivt, thc lands to be |
conv~yed does now or may form part of any new or other district, |
the land, tencmcnts, and hereditaments aforesaid shall, from and
~; h ~ c ~ $ ? ~, ~ o r after thc passing of this Act, or from and after the same lands,
tenernents,.or her~dimcnts s h l l become situate in any new or other
clistrict as aforesaid, as the case may be, bccomc vested in the
District Council of the new or o tl-rer disirict.
OS added to another district, or when any new district shall be formed | 93. Wlren any district sllall, from any reason, become included in Whendistrictincluded |
it ing District Couac-il in respect of m y part of any such newly-formedout of any existing &strict, ihe rights, dutics, and liabilities of the district with which
district,
P ~ n r | district, shall be transmitted to the IXstrict Council of thc district to |
which the district so ceasing to be a district is added, or in which i t | |
is included, or of such newly-formed district, and may be enforced |
- by and against the District Council to which such rights, duties, and liabilities are transmitted, in the same mauner in every respect as though such rights, duties, and liabilities had originally attached to such District Council.
Council, Inay be placed under the care, control and rnanagcment of any District Council, shall be vested in the District Council of the district within, or on the boundaries of which the same are situate; and the Governor may issue a grant to the llistrict Council of any such reserve, upon such trusts and under such conditions as may appear expedient; and any water reserve may be exchanged by the District Council, if it shall be considered necessaly. | |
95, In case of the cxcl~ange, an agreement shall be first entered into between the District Council and the owner and the occupier (if any such there be) of any land intended to be taken as a water reserve, in the form in the Schedule C to this Act annexed, or as near thereto as circumstances will admit. | |
96. 111 case of an exchange, rx survey map and plan containing the to | |
exact dinlensions and position of the reserve, or part thcreof, in tended | |
or thcir clerk, within forty days, of any objection to thc proposed |
exchange, and giving noticc of the time and place of the meeting of the District Council, to take into consideration the said intended ex- |
Water reserve, ob- change, such meeting to be hcld not more than sixty c l i ~ ~ s from the
W o n tJ exchange* first publication of the notice; and any ratepayer, or other personinterested, may object, in writing, during the forby days, to the pro-
posed exchange.
Watcr reserve-
97. |
98. | Should the District Council at such meeting agree to the order; |
the |
PAR^
111*
the same s h d be drawn up ill the form in the Schedullc D to this Act | |
annexed, or as near thereto as circumstances will admit, and the order, |
may, within thrcc calendar months of the order having been made, Consrmntion or re- | with all objections in writing, shall be submitted to the Governor, .\vho |
the Schedule E to this Act annexed shall be inserted in the | |
confirm the same, and a notice of the confirmation in the form in jection of order by the making of the order, |
99. The orcler, when confirmed, shall have the effect of autho-
~ ~; ~; ~; ; ~ c d
rizing the exchange proppscd, and upon the payment of any amount
wvllich may Fe named | the agreement, and a receipt for the |
/--
100. Should any person, after confirmation of any order for Compensntion-
exchange, \v110 is not a party to the agreement for exchange, have any cstatc, right, title, or interest in the land taken by the District Council in exchange, he shall be entitled to compensation undcr the I m d s Cla~lses C:onsolidwtion Act, to be estimated and obtained in manner prescribed by that Act, which Act for all purposes of cotilpensation under this clause, ancl for no other purpose, shall be incorporated with this Act.
101. If the District Council shall not at the meeting make the order, | Agreementw;lenvo:d* |
or if the meeting shall not be held, or fail, or if the Governor shall
not confirm the order,
as aforesaid sllall be null and void.
102. All streets in any township or village which shall hare been Districtr0ad.i under |
dedicated to the public, within a district, of which dedication five
years' uninterrupted use of such street by the public after the laying
out of any such township or village shall be evidence, shall be district
roads, and the same, and all other district roads, sllall be under the
care and maiiagenicnt, and subject to the control and direction of
the District Council for the district, and the District Council shall
be Comrnissioiiers of Roads for the district,
~rivateroads,altIlouf;h | thirty feet wide, |
or hereafter laid out, although the same may not be thirty feet wide,
may be conveyed to the District Council of the district wherein the
same may be situate, from the owner or owners thereof, and the
same shall therefrom be a district road or roads, and all private
rights of way thereon or thereover shall cease and be determined.
104, Every District Council shall, so soon as inay bc pncticablc, |
cause to be prepared |
l i ~ reserves of the said district, with tho course ancl bearings, and ad- | |
---- | |
measuren~ents of the same; and so oftcn as any new road or reserve, or any alteration in any existing line of road, or in m y reserve shall | |
prepared, and to be be made under any authority vested in such District Council,snch
depositedin Surveyor- District Councilshall cause such new road, or rescrve, or tilteration
General's for h-to be delineated upon the samemap or plan, and one copy of such
spection. map or plan shall be deposited in the office of the Surveyor-General, and another copy thereof shall be kept in the office of the District Council, and such copies shall be open to public inspection at all reasonable hours.
Repasturing licences. 105. Subject to any rules of the Governor, which may from time
to time be made, to regulate the depasturing of the w-cste and unsold
common lands of the Crown, for the whole or any part of the said I'ro- vince, the District Council may issue licences to'the owners and occu- piers of land within the district, authorizing the Ilolders of such licences to depasture cattle upon the waste and ui~sold common lmds of the Crown within the district. or that part of such waste
and unsold lands as may be specified on the licence; but nothing herein containcd, shall affect any lease granted or to be granted by the Governor, under the authority of any Acts of the In~perial l'arliament, Order in Council, or Act of the Legislature of the said Province.
Timber licences. 106. Subject to any rule which has been, or may from lime to time be made by the Governor for regulating the granting of timber licences, or licences for quarrying stone, in the whole or any part of the said Province, the District Council may grant licenccs to cut timber upon, or quarry and removc stone from* the whole or any part of the waste and ~msolcl common lands of thc Crown within the district.
107. Subject as aforesaid, the District Council may charge such |
fees for any dcpasturing, or timbcr, or stone licences as may be |
thought fit. |
108. Every District Council, within its district. shall I l a ~ e exercise all the powers which, by the Impounding Act of 1858, we conferred upon and to be cxercisecl by District council^^ | and | |
or
or the waste and unsold common lands of the Crown within the | p~~~ |
district. | ||
110. The District Council may issue to any person residing in a district a licence to keep a slaughter-house for large or small cattle ~ ~; ; ~ p ~ ~ ~ ~ & ' r ~ ~ | li- |
or pigs at any place within the district, which is situate not less thark one mile f ~ o m the boundary of the City of Adelaide; and every licensed person shall be liable to all the rules, penalties, and dis- abilities, and shall do and perform all things which by an Ordinance passed in the fourth year of the reign of Her present Majesty, intituled "An Act to regulate the slaughtering and prevent the stealing of Cattle," any persons licensed thereunder are required to do, and to which they are subject and liable. |
11 1. The District Council may exercise all the powers
by the said District Councilsma
Ordinance conferred on the Governor and Justices of the Peace for Slallghterhouses | appoint Inspectors o |
the appointment of an Inspector or Inspectors of Slaughterhouses or brands.
brands; and any Inspector so appointed by the 1)istrict Council, shall
be considered as an Inspector appointed under the said Ordinance,
and, within the district, shall have all the powers and authorities, and
perform and be sub,ject to the duties and obligations to which an Inspector appointed under the said Ordinance is liable; and such Inspcctor shall also act as Inspector of Nuisances, and all returns, which, by the said Ordinance, are to be made by Tnspectors, shall be made to thc District Council.
112. 'The District Council appointing an Inspector. shall be Ins~cctortobesubject | to orders of District |
substituted for, and have within their district, all the powers and counca. the orders of the 'District Council by whom he was appointed.
authorities which, by the said Ordinance, are vested in, and to
be exercised by the Bench of Justices in all cases whatsoever;
and when, by the said Ordinance, an Inspcctor is required to do
any act, by direction of, or is subject to, the orders of a Bench of
113. Whenever, by the said Ordinance, any notice or information Information, | ,required |
is required to be | given to an Inspector, such notice or information, to be | to |
as to anything occuring within a district, shall be given to the t or, t~ Le given to | Chairman or Clerk of |
as though an Inspector had been appointed; and any person omit- ting to give such notice or information to the Clerk or Chairman, shall be liable to the same penalties as are, by the said Ordinance fixed for an omission to give notice to an Inspector.
Clerk or Chairman of the District Council for the district, if no D18t&t comcil.
1 14. Zvery District Council shall have power to alter and vary:;e;;;crng from time to time the hours within which fires may be lighted
altered. within the district for the burning of stubble, hay, or grass, and to
fix other hours for such purpose than those fixed by the Act,
No. 14 of 1854, intituled GAn Act to make provision against thedanger
danger of bush and other fires; " but any such alteration shall not |
have the force of law until public notice thereof shall haye been given |
in the | |
115. Every District Council shall have, within the district, all which, by the Act passed in the fifteenth year of the reign of Her present Majesty, No. 15, intituled An Act to prevent the further spread of the Scotch Thistle," are conferred or imposed upon District Councils. | |
the powers, authorities, and sights, and be subject to the liabilities | |
116. Every District Council shall have within the disti-ict all the which, by the Act, No. 20 of | |
powers, authorities, and rights, and be subject to the liabilities | |
,
1 17. Everv District Council within its district mav exercise all | |
the powers ivhich by an Ordinance No. 1, of the sbcond year of the reign of Her present Majesty, intitnled " An Act to regulate the retail |
118. Every notice rcquircd by the said 9 | ts or either of tliein to | |
be served upon the Clerk to the Iblagistrates, in respect of any matter in which a District Council is hereby empowered to act, |
shall be served on the Clerk of the District Council. |
119. Notice of the meetings of the District Council for any purposc connected with the last-mentioned Ordimnces shall be given, the meetings held, and shall be conducted in the manner appointed by the Act " To regulate the retail of liquors and preserve good order in licensed pub\ic houses," for the giving of notices of general meetings of Justices of the Peace, and for the holding of such meetings and proceec$ngs thereat, and every act required to be done and performed by the said Acts, or either of them, by the Clerk of the Magistrates shall, | ||
measures. | 120. The District C'olincil shall ;have and exercise within their district the several powers and authorities which by the several | |
| ||
intituled " An Act for establishing standard weights and measures in |
in thc Province of South Austrdlia, and for the prevention of the
use of such as arc false and deficient;" An Ordinance, No. |
1845, intitulect "An Ordinance to amend an Act for establishing
trict Cwncits, standard weights and measures in the Province of South Australia,
and for the prevention of the use of such as are fdse and deficient ;"
and an Ordinance No. 16 of 1845, intituled " An Ordinance to regu-
late the use of weighbridges and steelyards," are conferred upon
the Governor or Justices of the Peace for the appointment of persons
to exarriine balances, weights, and measures.
121. Recognizances required by the Acts or Ordinances afore-
Rccognizancea taken
said, or any of them, may be taken before the Chairman, or any | or | member | Chair- |
rnernl;)t:r. or' the Clerk of the Dist~ict | Council. and all fees ~ a w b l e | Uiatrict Council. |
under ally of the said Actas or Ordinances to th i Clerk of the'&gis-
trates, shall, for any act done by the IXstrict Council by virtue of the
pnwers hereby transferred to them, be paid to the District Council.
l | The llistrict Council may, from time to time, make, publish, ~;-~;;fi;;~~;;;~ |
alter, modify, amend, or repeal such by-laws and regulations
as tothcm may seem meet for any of the following purposes :-
For | regulating the clcction of Councillors, Chairman, or Auditors, | ||
01 the appointrrlent of any officer or other person for carrying | |||
out any of the purpows of this Act. | |||
For | the regulation and control of any officer or servant of the Council, and the time and mode of payment of their salaries or fees. | ||
For |
| ||
behalf of any officer or servant. | |||
For | making, imposing, levying, and collecting any assessment or rates. | ||
For | the appropriation and expenditure of district moneys. | ||
For | the management of any land, houses, tenements, and heredi- tanients, or other property, real or personal, vested in or under the control of the 1)istrict Council for any purpose * | ||
| |||
For | reguhting and maintaining, protecting and improving, any water or other reserves fur public purposes. | ||
For | rcgulating the fees payable by any person resorting to or using or obtaining or drawing any stone, water, wood, or any other thing from any land, tenements, or hereditaments, the property of or under the control of the District Council, and to regulate the mode of collecting such fees. |
Forregulating the depasturing of cattle upon, or cutting or removing timber from, the waste and unsold cornrnon lands of the Crown within the district, and for regulating the issuc of certificates to licence the depasturing of cattle, or cutting or removing of timber, or quarrying stone, and to provide for and regulate the transfer of any such licences, and to
fix the amount and man-. ner of payment of fees for the same, and to regulate the de-
w | scription |
scription of cattle allowed on such lands, and to prevent any
particular description of cattle from depasturing on the said | |
lands, or any part thereof, and to prevent any unlicensed person from depasturing cattle upon thc said lands, or any licensed person from exceeding the number of cattle which | |
he may be entitled to depasture thereon. |
For the establishment and regulation, or support of any schools receiving aid from the Central Board of Educatiou, or the District Council:
For regulating the amount of fees to be taken for slaughtering
licences:
For the inspection of balances, weights, and measures, and for ensuring the use of just balances, weights, and measures:
For the prevention and suppression of nuisances:
For regulating the manner of calling and holding meetings of the
District Council and ratepayers:
For the more effectnally carrying out all and every the powers and authorities herein given to Ih t r i c t Councils:
For inflicting fines, not exceeding Ten Pounds, for the breach of
any by-law.
3y-lawtobepaased
by four-fifths of mem- | |
bers in office. | |
until signed by the Chairman or Clerk of the Ilistrict Council, and | |
confirmed by the Governor, and until one week shall have elapsed | |
from its publication in the | |
and then the by-law shall have the force of law. |
124. | silch bv-hw shall be repugnant to this or any other Act |
pugDant | MY |
the |
on which any land, tenements, hereditaments, or other property, may stone, within the district, or inconsistent with the trusts or purposes |
be held by the District Council; and no District Council shall be |
authorized to inflict any punishment, except by way of fine, as abme provided, |
125. If at any time after a by-law shall be made under this Act, any reg~dation |
of the Governor for regulating the depasturing of cattle | |
upon, or cutting or removing of timber, or quarrying stone, from the | |
waste or unsold common lands of the Crown, within the district, shall be published in the | |
Electoral duties of |
ckrlis of | 126. Every clerk to a District Council shall have such powers |
and perform such duties as are by the Electoral Act conferred or imposed |
imposed upon clerks tu District Councils, and slmll receive such fees |
therefor as are by the said Act provided,
127. Every meeting of a District Council or ratepayers shall be
~ ~ ~ ~ ~ f { ~, " ' & a ~: ~
held within the district; and every meeting for the election of | ttle district. |
Meeting for election
Cou~rcillor | or Courlcillors for a ward shall be held within the ward. | |
held wlthin the ward. |
128. Thc annual meeting of tlic District Council shall br held in ~;;~~;~;:~'~
the second week in July next, after the passing of this Act, or the in
J U ~ Y. appointinent of the Uistxict Council, and in the second week in
July in every succeeding
!-c ar.
129. Ordinary mrrtings of tllc Council shall be held twice in each month for the dispatch of business; and special ruretings inay bc month. held at any time, and any bminess required to he done at an annual or ordinary mecting, may be trailsacted at any special meeting, and Thtcc days' nutioe of until otherwise provided for by b y-law, be called by scnding three days before the meeting, a notice thcreof, stating the time and place and business of such meeting, to each member of the District Council, aclciressed to him through the post. |
130. & all meetings of Ijistrict Clouncils, except w h r c otherwise Three-fifths of mem-
provided for in this Act, three-fifths of the members of the Council, | quurUm | ||||||||
actually ill officc at the time, shall form a quorum. |
131. The Chairman of the District CJouncil, and in his absence, any | Chairman of Council |
other member, to be elected in marmcr appointed for the election of
to prcsidc. Chairman of the Council, shall preside at any meeting of the District
Co~xncil; and the Chairman of the meeting shall have a casting vote.
132. The District Clouncil shd l keep a minute-book, in which the Minute-book to
be proceedings of each rnceting and busincss performed thereat shall be
entered.
ratcluyers to be held |
purposes, on the first Monday in July next, after the passing of this ,,,,tie, | ,,,, |
Act, or the amointment of the District Council. and on the first |
Monday in every subsequent July,
136, Meetings of ratepayers shall be called by public notice of the Meetings of ratcpoy-
time, place, and object of' the meeting, to be givcn, in the case of tice. | ers to be called by no- |
annual or general meetings, ten days before, and in case of special meetings. four |
any District Council or person may be entitled under this Act, shall be had and taken before, and determined by, two or more Justices of the Peacc in a summary way. |
"PJ' |
alad ef~idence.
JurisdictionOfJusticea to the office or place then possessed by him, and that such officc orplace is vacant, or that the informant is entitled to the said officc or
place, or command, the District Council to procecd to take the neces- sary steps for, and hold any election, or make any appointment, or to compel any person or persons to proceed to any ballot that may be necessary, or may make an order quashing any assessment, rate, or loan, which for any reason is invalid, or may make an order to compel the production or delivery of any books, voting papers, or docunlcnts
by, or to any District Council, or officer thercof, to any person,or by any person to a District Council or any officer thereof, But no order to admit or restore any person to any oflice or place shall
be made whilst any other person is in possessiorl of such office or
place.
Claims byDistrict
n o t a c c ~ ~ n t e a | any moneys, or to any vouchers, receipts, papers, writings, property, |
Collector, or other officer, or person cmploycd by the District Council, may be heard and determined by any two or more Justices of the Peace, in a summary way.
On noncompliance
174. On iloncomplini~ce with any order made by m y - Justices instance of any District Council, or by any ratepaycr, or ptbrson in- terested. anv two or more Justices of thc Peace nmv orcler any sum | |
of the | |
3,
of money to be paid by or to any District ~'omlch, or offi&r, or person, as compensation form y injury snstained by rcnson of the noncompliance with any order, and m q order any person to be imprisoned either for a specified time, not exceeding six calendw months, or until the order aforesaid is obeyccl, and such irnprison- ment may bc ordered in addition to or without any orcler for payment of money as aforesaid; and on noncompliance with any order commanding anything to be done by a District Council, any
two or more Justices of the Peace may ordcr the prtylrnent of any | sum of money by, or the imprisonment of, any person who ~vould, |
before the passing of this Act, have been liable to attachment, or subject to process of contempt for disobedience to any peremptory writ of |
Time witbin which
175. No proceedings to try the title of any person to any office or place in, or in the gift of a District Council, shall be had or taken except upon an informqtion laid within three calendar months from | |
the time at which the person whose title is disputed was appointed | |
or elected, or the cause arose by reason whereof such person shall be liable to be ousted, which shall last happen; and, no-pro- ceedings to try the validity of any assessment, rate, or loan, shall be had or taken, except upon an information laid within three calendar |
months
months from the time at whichnotice of the assessment, rate, or loan, |
first appeared in the South Austrnlian | ||
|
L 7 F. The proceedings before Justices shall be conduct~d as ap- Proceedins before
pointed by and shall be regulirted uilder the Ordinance No. | ~ | ~ | ~ | ~ | t | ~ | ~ | ~ | ~ | ~ | ~ | ~ | ; |
intitulecl " ,4n Ordinance to f'acilitate the performance of the duties NO. G O ~ L S ~ O. of Justices of the Peace, out of Sessions, with respect to Summary |
Convictio~ls | and Orders." |
177. There shall be :m appeal from any order of Justices of the %$;$';9y";U
Peace, made under the provisions hereinbeforc contained, which Local Courts.
appeal shall be to the L O Court of Adelaide, of full jurisdiction ~
only, a.nd the proceedings of such appeal s l d l be conducted in manner appointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts, but the Local Court of Adelaide aforesaid, may make such order as to payment of costs of appcal, as they shall think fit, although such costs may exceed Ten Pounds.
1'78. |
published in the | in |
purposc of effecting m y act which the Governor, with the advice though | to | be as made | valid | under | as |
of his Ksccntivc: Counr:il, is hereby empowered to do, shall be, and provisions of this ~ ~ t.
the same is hereby declared to be, valid and eff'ectual to all intents
and purpos(~sas though made under the provisions of this Act, and
the title of any District Conncil or Councillors to act as such in any
case in which they are appointed, or in which any jurisdiction is
conferred upon them by any proclamation heretofore or hereafter
?ublishcd, in m y case in which by this Act thc Govcrnor is
empo~vc~ed to issue a proclamation, shall not bc impeached or
questioned in any proceeding whatever on the ground of any neglect
or oinission to perform, or any error or irregularity in the perform-
ance of, any act ~vhich is required as a preliminary to the issue of a
pl-oclam ation; nncl the production of the
Sou tit Australian Gouertz-nzepjt
Gazette containing any proclamation heretofore or hereafterpublished for effecting anything which the Governor, with the
advice of his Executive Council, is empowered to do by this Act, | shall be conclusive evidence in all proceedings that e~erything has |
bccn duly done which is required as a preliminary to the publication of the proclamation, and shall be conclusive evidence of all matters and things in such proclarnation contained. |
179. The list | of | persons | duly qualified | to act as District | Con- L i 3 t o f ~ e r s o n 8 ~ u a - | lified to act as Consta- |
stablcs, when duly confirmed by the said District Council, shall be con-
blea to be evidenceclusive evidence that cvcry person therein named and resident in the quaKfication.
district is duly qualified to serve as Constable for the then year.
180. The production of the Soutlt, ~ustrcdian | Government | of |
except in any proceeding to try the title of the person elected.
containing any notice of the clcction of any pcrson to the office of ~ ~ $ ' $ ~ ~ ~,
181. Appeals
18 1. Appeals against assessments, or alterations in assessments, shall be heard before the Local Court of full jurisdiction sitting within the district, or nearest to the ordinary place of rrleeting of the |
procedure
and evidence.
Appeals against as
District Council, ancl shall be comnlenced by a notice, in the form in thc | |
Schedule | |
will permit, served by the appellant within the period allowed for | |
appeals, upon the District. Council, "and also upon any person whose name it is yroposerl to insert in the assessment, or whose property i t as illeged is omitted or asscssed bclow its full and fdir annual value; and a copy of such notice shall be delivered to the Clerk to the Local Court to which the appeal lies six days before the day of hearing. | |
Local Court next after sixteen days from public notice of the assess- | |
ment or alteration appealed against haring been given, and the Clerk | |
to the District Council shall produce the assessnicnt-book appealed against; and upon examining the parties and thcir witnesses upon oath, the Court, at the sittings aforesaid, or at some adjourned or subsequent sittings, may make such order as shall bc just, and shall cause any alteration occasioned by thc clciision on the appeal to be made bv the Clerk of the Court in the assessment-book, and may mnke skch order as the Court may think fit for the payment of costs by or to the District Council, to or br the appellant, and by or to any respondent other than the 1)iairict Council to or by the appellant. |
the |
ment-book
or (inrctte,
containing | ||
cc] tnin cases that the containinga notice in the form in the ScheduleH to this ,kct
that such assessment has been duly made and notice thereof duly
general or special rate or loan in the form in the Schedule I to this | published; and the Gazette, containin.. a notice of thc making of any | |
Act annesed, or as near thcrcto as circ~~mstztnces nil1 admit, shall be conclusive evidcnct., except on proceeilings to quash buch rate or | ||
| ||
referred to in such notice, was in force ancl payable in respect of' the year in which such Gczxette is published. |
Rates, howrecooera-
184. Rates inay be recovered by action in any Comt of competent jurisdiction, or in a summary manner before any two or more Justices of the Peace, from any person liable to pay the same. | |
land
lnnd in the same district, occupied by any person liable to the same
yaks, and on whom such notice has been served by personal de- | |
livery, 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 takcn be not paid for five days after the dis- tress, together with reasonable costs, then the said clistrcss, or so much as shall be sufficient to pay the rates and costs aforesaid may be sold, and any ovcrplus shall be returned to thc owner of the goods. | |
186. In any case in which rates hereafter to be made, in respect of any ratcable propcrty situated in a district shall be due, and | |
unpaid, ancl i11 arrear, for the space of two years, i t shall be lawful for the District Conncil by whom the assessment was made, whereon the rates in arrear were due, at any time after the expiration of one year, to cause to be published three times in the | |
costs of and attending the application, and of and attending the | notice, together with all costs of and attending the noticc, and the |
sale by public auction, and the proceeds to be paid into Court; and the Court or a Judge may order payment of the said rates, i11- |
A
terest, costs, and expenses, in preference to any mortgage or other | *- ;/ |
other officer of thecourt, to the purchaser, his heirs, and assigns, $ | -K.+ | F++-- |
in such form as shall bc approved by the Court or a Judge, which | , | Y. ' ' | ., |
-- - |
shall vest the legal estate in the said rateable property in the pur-, | -- |
* | &c-,*-/ | ~$2' -- - |
cEaGEf'hi | =1G, | and assigns, free from all incumbrances; and the | - | , |
balance arising from the proceeds of such sale shall remain, and be subject to any future or other orders of the Court, for behoof of the party or parties interested therein.
187. All rates due before the passing of this Act may be recovered Ratesdue before thin
by theuistrict Council against the persons who owe the same, in every | |
respect in the same manner as though the rates had become due under this Act. |
188. Every map prepared Ly a District Council, under the autho- |
rity of this Act, and certified to be correct by the Surveyor-General, | |
shall be |
Ma~tprimficie | |
denoc. |
Si@atureOf Chairman
189. The minute-book of the District Council, containing a state- ment of the proceedings at meetings thereof, and the business transacted at such meetings, shall be evidence of all such pro- ceedings as are authenticated by the signature of the Chairman. | |
Gazettethat | 190. The |
any proposition lias
beenadoptedata | notice that any proposition has been adopted at a meeting of rate- |
thereof. | payers, shall be conclusive evidence that such proposition has been duly made and carried at such meeting, and that such rneeting has been duly called and held. |
NO writ ofccrtiornri |
to rcmove order for | 191. No order for the exchange of any water-reserve shall be |
exohangc of water | removed into the Supreme Court by writ of certiorari or other- |
ryseroc, to i m e after wise, at any time after six calendar months from the insertion in
SIX months from
confirmation. | the mation of the order by the Governor. |
Information under | |
No. 9 of 1863, may be |
laid by Chairman, | Act to regulate the occnpution of Crown lands in South Australia, |
in respect of matters arising within the limits of any district, which | |
the lh t r ic t Council thereof shall have power to regulate by any | |
by-law, may be had and taken on the information or at the suit of any Chairman, Clerk, or Ranger of the District Council for the district. |
Fines against pro- |
recovered before two any by-law of a District Council, may be recorcrcd before any two | vihion of Act may he | |
|
mation at the instance of the District Council, or of any person or | persons whatever. |
fro111 order of | 194. There shall be an appeal .from any order of Justices inflicting a penalty for any offelzce against this ,4ct, or an>- by-lam of a District Council, OF for any offence in respect of which any District Council are entitlecl to the penalty, or any part thereof, and from any order of Justices for payment of any rates or arrears of rates; and the appeal shall lie to the Local Court of full juris- diction at Adelaide, and the proceedings thereunder shall be con- ducted and regulated in manner appointed by the said Ordinance No. 6 of 1850. | |
195. I t shall | , | |
,~,a,efor,pini~, | hearing of any appeal, to state one or more spccial case or cases for |
o f ~ u p r e m e | Caurt. |
of the Supreme Court on special cases; and the Supreme Court
shall
shall make such ordel. as to costs of any such special case as to the |
said Court shall appeal* just; a i d any two or more Justices, or the |
nnd cvicl~nct..
Local Court of Aclelaitic, shall ~nalce an order in respect of the - | -- - |
mattcm refiil-red to the Supreme Couit, in conformity witl! the cer- tificate of the said Suprclnc Court, or of any Judge thereof, which order of the Justices of the Peace or Local Court shall be enforced in mannrr provided for the enforccinent of orders of Justices of the Peace, under the salt1 Orclinauce No. |
196. No C~ouiicillor shall be subject to be sued or prosecilted S o | or prorcehted | ofirer t n be |
by any person whomsoerer, and the bodies, goods, or lands of a rcnsnn of lontracl or,
Councillor shall not be liable to execution of any legal process by liability entered into or incurred by
Coun- reason of any contract, or other instrument entered into by any
,,l. Councillor, his licirs,csccii tors, and ad~ninsteators shall bc indem- nified by tlw 1)istrict Council for all prtymcnts ~nrtclc or liability incurred in respect of any acts done bp him, and of all losses, costs, and. damagcw which he inay illcur in thehonn $de esecntion of the powers granted to hiin by this or any other Act..1I)istrict Council, or by reason of any other lawfd act done by the
197. If any ~ e r m 1 | ag~tiust whom any District Council have any Plocecrlings in |
claim or derr~ii~irl | shall become insolvent under the provisions of any j ~ ~ ~ f; , c h ~, ? P | be |
Ordinancc rclating to insolvcnts, the Clerk or other officer in that behalf appointccl by the Uistrict Cauiicil in all proceedings against the cstntes of such illsolvent, or uiicler any ,zdjudication or act of insolvency against such insolvent, may reprcscnt the District ( 'olmcil
ancl act in their behalf in all respects as if srlcll claim or denlandwere the claini o r d c i ~ ~ ~ n c l of the Clerk or other officer in his own right.
198. In any indictment to be preferred by any District Conncil In indictments any |
against any pcrson who shall steal, or wilfully illjurc, and in any Property | a District Council |
proceedings to be instituted in relation to any property or thing | belonging to District Councils, or under their management, it shall the property of the |
be sufficient to state generally the property or thing i11 respect | |
of which such indictment shall be preferred, or proceeding instituted, | |
to be the property of such District Council. |
199. Any summons, or notice, or writ, or other proceeding a t S~~mmona |
law or in equity requiring to be served upon any District Council post or | be |
may be served by the same being left for or sent through the Post Office directed to such District Council at their principal office or usual plncc of meeting, or by bcing given personally to the clerk or in case there be no clerk there then by being given to any one Councillor, and every letter containing such summons, or notice, or writ shall be registered. |
200. Every
in any pro- |
ceedings at law or in equity requiring authentication by any District |
- | Council, shell be sufficiently authenticated if signed by the Chairman |
Order |
aigned | or by the Clerk of thc District Council, and the same may be in |
or Clerk. | writing or in print, or partly in writing ard partly in print. |
Allactionscommenced |
against Uouncillors | 201. All actions and prosecutions to be commencecl against any |
Councillor, Chairman, officer, or person for any thing done in pursuance |
nlenced | of this Act, shall be commenced within three calendar months after |
months after
fact committed,
and notice the fact was committed and not otherwise, and notice in writing ofto
be given such action and of the cause thereof shall be given to the defendantone calendar month at least before the commencement of the action, and the defendant in any such action nzay plead the general issue, and give this Act a i d the special matter in evidence at any trial; and the plaintiff shall not recover in such action if tender of sufficient amends shall be made before action brought, or if aftcr action brought, the defendant shall pay into Court sufficient amends; but in such last mentioned case the plaintiff shall recover his costs of suit up to the time of payrnent into Court, and if a verdict shall
pass for the defendant, or the plaintiff become nonsuit, or discontinue,
or otherwise, the defendant recover judgment, he sliali recover full costs as between attorney and client, and have his remedy for the same in the usual way.
SCHEDULES |
SCHEDULES REFERRED TO.
Acts repealed.
I |
An Act to provide for the appointment of Constables in | The whole. |
the Country Districts of South Australia
An Act to appoint District | Councils and to d e h e the powers thereof |
An Act to amend | An Act to appoint District Councils and to | The whole. |
d c h e thc powers thereof" |
The whole. |
of Bush and other Fires
Acts, the penalties for .ofences against, aw? fees received under which, are to 6.9
paid to District Councils.
Title to Act. An Act for the making and improving of Roads in South Australia.
Act to regulate the occupation of Crown Lands in South Australia. |
An Act to consolidate and amend the Laws relating to the Impounding ofCattle.
An Act to regulate the slaughtering and prevent the stealing of Cattle.
An Ordinance to authorizc the Icvyhg of Fees on the slaughtering of Cattle
in South Australia. An Act to imposc penalties on persons injuring or endangering the propcrty |
of others by the wZul or negligent
burning of stubble or other produce,An Act to make provision against the danger of Bush and other Fires,
An Act to prevent the further spread of the Scotch Thistle.
Liquors, and to preskve good order in licensed |
Public Houses. An Act to alter and amend an Ordinance intitulcd |
sale of Liquors, and preserve order in Licensed Public Houses.
Act for establishing standard weights and measures in the Province
ot South Australia and for the prevention of the use of such as are falseand deficient.
An Ordinanceto amendan Act for establishing standard weights and mcasurcc
in the Province of South Australia, | such |
An Ordinance
to regulate the use of Weighbridge6 and Steelyards.
An agreement made, pursuant to the District Councils Act, 1858, hetween the
District Council of | of the one part and |
of the other part: |
[and | 11 |
Whereas, the said | is the owner |
is the occupier] of a piece of land within the said district
{here describe
the Zand to be taken in exchange), and it is considered expedient that the water reserve
[or part of a water reserve]. situate within the said districtThere desrribe the reserve,
o r p a r t to be exchanged] should be exchanged for the land first above described: It'is hereby agreed between the said parties that such exchange shall be made [and that
the said | shall pay to the said | the sum of |
,for | Dated the | day of |
OF |
Whereas | , deeming it cxpcdicnt to |
exchange the piece of land containing | , | being [part of] the water reserve |
situate
(here describe the piece ofland generally}, and within the sald district, for an-other piece of land containing
(here describe same), and situate wilhin the said district, haye, pursuant to the District Councils Act 1858, entered into an agreement for such exchange with the [reputed] owncr, and the occupier of the last-mentioned land; and have caused a survcy map and plan, containing the exact dimensions and position of the said pieces of land, to be dcposited in the Sur- veyor-General's office: And whereas we have caused a notice to be instxted in the
South Australian Government Gazette of the day of 18,stating our intention to make thc said exchange, and giving all other the particulars required by the said Act: And whereas [no objections having been made to the said exchange) or
[notice having been g iv~n us by (names of objectors) of(sfute how 1 3 1 0 1 1 ~ ) objections to the said exchange], a meeting of us, the said District Council, was held ~ f t e r the expiration of forty daj-S, and within sixty days from the first publication of
the said | day of | 18 | , |
at, in the said Province, being thc time and place appointed in the said
Gazette notice; at which meeting \ye considered the said proposed exchange [and the
said objections], and determined to make the order hereinnftcr contained: Now |
therefore, in pursuance of the provisions of the said Act, we, the said District Council |
shall be exchanged with the said (owner), for the said piece of land secondly above described, in manner set forth in the said |
Dated the | day of | 18 | . |
-
E
Notice is hereby given, that the District Council of | did on the |
day of |
exchange a water reserve
[or part cf a water reseme] situate[deserihe generally
#Ae siluution qf the reseuce, giving generai descr$tion o f tAe pecce 20 be takm in
having ordered the exchange to | |
Escellency the Governor-in-Chief |
Dated Crown Solicitor.
B~c+ F
. |
the agreement.)
W e (or I), the within named | , dl) hereby acknowledge to have received |
from the within named | the sum of | , being the amount |
witllin agreed to be paid by | to | , | for equality of exchange. |
Dated the | day of | . |
The like, where not endorsed.
DISTRICT O | F |
Whereas, bp an agreement dat.ed the | , 18 | , and made |
pursuant to the District Councils Act, 1858, between the District Council of, &c.
(recite the ngreewtent,for erchanga), and the sum of, the amount by the said agreement agreed to be paid for equality of exchange, having been paid to
by | , | , do hereby acknowledge |
to have received the same.
Dated the | day of | 18 | . |
Notice of ,4ppenZ ji.o:>t Assessment.
OF |
To the District Council of | , (and to Mr. | 9 of | .) |
Take notice that it is my intention to appeal against the assessment madc for
the District, of, at the Sittings of the I,ocal C!ourt of, of full jurisdiction, to be hrld next. after sixteen days from the publication of the notice of such assessment, ant1 that the grounds of my appeal arc
[here state cEenrZy, the
Dated, &c.
OF |
Notice is hereby given that the District Council of | have caused |
names of the owners and occupiers, so far as known of such property, and that copies | to be made an assessment of all rateable property within the above Histrict, with the | |
times; and any person intending to appeal against the assessmcnt may do so by | ||
notice as is required bp the District Councils Act, 1858, within ten days from the first publicatim of this notice. |
I h t e t l,
&c. I
Notice of Rate.
Notice is hereby given, that at a meeting of the District Council | day |
of,
l8 , a rate was made of in the pound upon theassessment for the district; and all persons liable
are required within fourteen days fromthe first publication of this notice, to pay the amount of the rate according to the assessment, to theClerk, Collector, or other officer, atDated
, |
Notice
Notice o f Special Bate.
D ~ s r a x c r | OF |
Notice is hereby given, that at a public meeting of the ratepayers of the said district, duly held on the | day of | , | it |
was resolved to adopt a special rate of in the pound, upon the assess- ment of the said district; and that such rate should remain in force for the period of fifteen years from the making thereof, or until the repayment of the loan by the said meeting, authorized to be raised; and all persons liable on the assessment for such district for the current year, are hereby required, within fourteen days after the publi- cation hereof, to pay the amount of such rate, according to the assessment, to the Clerk, Collector, or other officer or assignee of such rates (as the case may be), a t
Dated
Signed | , Chairman, |
or Assignee of the Rate.
J
OF |
Notice is hereby given that there is now due in respect of the land mentioned in
the Schedule hereto, the sum
Lor respective sums] set opposite to the descriptionof such land in the Schedule for a ratc
(or rates] made for the district of
, | for the year [or years] ending | ; and the owners |
of such land are required to take notice that, unless thc amount so due, together
with the costs of, and attending this notice, be paid in one year from the first pub- lication of this notice, the District; Council will let the same from year to year, in manner provided by the District Councils Act, 1858,
or an application will bc made by the District Council of the said district, to the Supreme Court of this Province, or a Judge thereof, for an order for the sale of the said lands, or so much as may be neces- saryto produce the rate8 so due and costs as aforesaid, and also the costs of, and attending the said application.Dated
Chairman,
or Clerk.
I |
owner. |
0
0
0