District Councils Act 1876 (SA)

ANNO TRICESIMO NON0 ET QUAIlRAGESIMO

D. 1876.

No. 43.
ANALYSIS.

21. Retirement of Cou~~aillors	by rotation.
2%. Whe to retire.
23. Chairman not to ballot*

2. ~ h & t

title:

24. Vacancies existing at the a n n d election

3. Provisions as to Councils existing before

the passing of this Act.

meeting how supplied.

25.

w h e n Auditors and ~ D U B C ~ ~ ~ O W

to retire,.

4. Proclamation by Governor heretofore pub-

retiring C o d i m a to hold office until

li&ed in Gazette to be as valid as though

successors elected.

made under provisions of this Act.

26. Ballot to take place before the annual

6. Interpretation.

meeting.

6. Divicuon of Act.

27. Who shall retire when wards exist,

PART I.

28. When Districts divided into wards Cotm-

cillors to be elected.

CREATION OF DIGTRICT COUNCILS AND ALTERA-

29. After firet election of Counciltors for

TION OF BOUNDAnlES OF DIBTRICT COUNCIL8	wards former membro shall cease to be
AND WARDS.	Councillors.

7. Governor by Proclamation founded on a

30. Members for a ward ceasing to be so shall

petition of ratepayers empowered to do

no longer be Councillore.

certain acts.

31. Chairman

to bo elected at hat meeting of

8. What required in petition.

Council after annual election.

9. Petition to be published in Gazette.	32.	Councillor or Chairman may be re-elected.
10. Cause may be shown against petiton.

11. Proclamation may issue.	PART 111.
12. Proclamation how to be published.	ArnITORB.

13. Title of District Council or Councillors

33. Auditore, how elected.

not to be impeached for any irregularity

34. Auditors, how to be elected ilt ward meet-

in any

relhnhary to Proclamation.

ings.

14. Part o tions Acte are extended shaU cease to

a belong to the District.

Dhtrict to which the Corpora-

35. Qualifications, &C., of Auditor.

36. Auditing acwunt+.

37. Auditora may r e h ~

to allow my person

16. Part of a town holuded in any District

to be preeent at audit.

shall cease to belong to a town.

38. Balance-sheet to be advertised in one

PART 11.

newspaper.

PART IV.

COUNCILLORS: THEIR &'=ER, AND BBTXBEMENT.

BUALIPICA'llON,

CHAIRMAN O F DISTRICT

lraZIECTIONB,

COUNCIL.

39.

Eloction to take plaoe although sssesement

16. Number of members of Council.

not made'.

17. Qualifications of Councillors.

40.

Xoka t ions.

18. Diaqualiiications for CouncUora.

41.

F o m of

nomination aad time for hdging

19. Exemption from serving.

eame.

20.

How vscancies are occasioned.

42. Proaeeding

39" & 40" VICTORIB, No. 43.
The District Councils Act,-1876.

42. Proceeding on day of nomination.	85. Fees.
43. Rotices of adjournment to be given.	86. District Councils to have powers and to

44. Sroceedings in case of no election on day

be subject to liability already existing.

appointed, or of election becoming void.

87. Ranger may impound cattle trespassing

45. Extraordinary vacancies how filled.

on waste lands.

46.	Justices may proaeed to election if Council	88. Licence to keep slaughterhouses.
neglect.	89. Slaughtering licences to be issued only by

47. Who may vote in ward.

District Council.

48.

Returning Officer to be appointed.

90. District Councils may appoint inspector

49. Notice to be given to persona elected.

of slaughterhouses and brands

60, Proceedings where the same personelected

91. Insuectors to be subidct to orders of Dis-

as Councillor for more than one ward.

t i c t Councils.

61. Meeting for eleotion of Councillor to be

92. Informationreuuired bv Slaughtering Act,

held within the ward.

to whom to b i given,v

93. Hours for bunring stubble mav be altered.

PART V.

94. Weighta and measures.

96. Recognizances, before whom to be taken.

96. Councils may appoint officers and take

62. Annual meetina to be held in second week

securities.

in July.

PART VI:

63.

provision^ as to ordinmy and special meet-

CONBTABLEB.

ings.

97. Councils may appoint constables--their

64. Quorum at meeting.

privilege find duties.

65. Business of Council may be carned on

98. ~~uaMication.

notwithstanding vacancy.

99. Exemption.

66.

Chairman to presideat meetings of C o ~ ~ c i l.

100. Clerk to make out list of person:qualified

57. Minute book to be kept.

to be constables.

5%. Minute book to bo open to inspection.

101. List to bc published.

69. Name and privileges of District Councile.

102.

Copy of

l i v t to be kept a t Council Office.

60. Deeds how to be signed and executed.

103. District Council to ~ e t t l e list.

61. DLtrict Councils may accept land and

104. Council to choose constables.

tenements for public purposes.

105. Constables to be uworn.

62. Power to District Council to lease or

106. Persons chosen may provide substitutes.

improve lands.

107. List of constablea to be published in

63, District Councils may accept conveyances

Gmette.

of landa from truetees.

108. Vacancy in office of constable-how

filled

64. Public meeting of ratepayers may compel

UP:

trustees to convey land to Ditrict

109. Duties of constables as to c h c s

committed

Council in certab cases.

il their presence.

65. Lands held by District council^ to be

110. Dufks of constables as to crimes of which

vested in Dlstrict Council of new dis-

they are imformed.

trict in certain cases.

11 1. Remuneration of constables from fines.

66. When district included in any other

112, Bernunmation of corntables employed for

rights and liabilitias thereof transmitted	service 9f procesz.
to district with which it if incorporated.

67, No person liable to pay ~ a t e s

twice for

PART VXI.

slam0

ear to difFerent C'ouncils.

EEVEXUE ANY EXPENDITURE.

68. Care o f water reserve vested in District

113. Revenue of District Cotmcil-of

what it

Councils.

shall consist.

69, Water reserves or l a d may be exchanged.

70. Proceedings on exchange of water reserve

114. Revenue- how to be expended.

or land.

116. Officers-how to be paid.

116. Loans and special rates-how

to be

71. Meeting of District Council may consider

exchwge.

applied.

Collector

officer

account for

72. Agreement for exchange, and confinnation

moneys.

of order by Governor.

118. District Council to keep amount of moneys

73. Order when oonfirmed shall authorize

received arid paid.

exchange.

119. Annual acconmts.

74. Compensation.

75. Agreement for exchange when void.	120. Money to bc paid into Bank.
76. Dlstrict roads to be under care of District

Cound.

PART VIII.

ASSERSMENTB-AITEACB

AGAINST ASRBDB~~ENT-

77. Certacates of

title under

District

XATES, AND PXCOVEBY C)@ W E S.

Cow~cils

Act, 1858.

78. Private roads, although not thirty feet

121. Assessments m d principles on which

wide, may bo conveyed to District

same to he made.

C011ncils.

122. Assessment to Lo submitted to Council for

79. &p of roads to he prepared and to bo

allowance, and signed by chairman.

deposited in Surveyor-General's ofilce

123. Notice of assessment to be given.

foi inspection.

124.

Corrections of c m r s in assessment-

notice

8C. District Council to forward duplicate order

thereof.

to Commissionor of Crown Lands, who

125. Council map nse assessment of previous

shall issue certificate of tit.le.

ycar, m&ng necessary alteratians.

81. On

receipt of certifiaate, Reghtrar-General

126. Appeals against assessments.

to endorse certificate and register same	127. Appe~ls-hrw and when heard.
under Real Property Act.	128. Time for appealing and for hearing

83. After registry of certtfioate of titlo, Real

appeals.

Property Act to be applicable to land.

129. Procccdinge on hearing appeal.

88. Depasturing licences.

130.

Appeals fmm decision of District Gouncih

84, Timber and quany licences.

131, Cost on appeals.

132. Bpecial
39" & 40" VICTORI&, No. 43,
The Diskict Counoils Act.--1876.

132. Specid Magistrate or Justice not disquali-

170. Persons examined on oath makixlg f a h

Bod from hearing, appeal because rate-

statement guilty of perjury.

payer.

171. Peraona making false answer to any quw-

133. District Council may declare rate not to

tinn put to him under section 196 guilty

exceed one shilling in the pound.

of misdemeanor.

134. Raising money by way of loan.

172. Persons obstructing prooeedinge of meet-

135. Speoial mccting may authorize or refuse

ings liable to imprisonment.

to authorize raising money by loan.

173. Persons publishing faLse statements in

136. Rate not to be more than two shillings in

Gwette liable to fine.

the pound.

174. Power of Council to remit finer.

137. Production of assessment.

138. District Council may issue bonds.	PART XIL
139. By whom rates may he recovered.	EVIDENW.

140. Twenty-one days' notice to be given before

175. Proclamrtion in G'awtte to be conclusive

recovery of rate?.

emdence that everything preliminary has

141. Perzons liable to pay rates.

been done.

142.

Persons in rece i~ t

of rents to be considered

176. Production of Gazette containing notice,

liable.

evidence of election, &c.

143. Ratcu-how recovrrable

171. Map, prinzd fucis evidence.

144. Rates unpaid twenty-onc daya after demand

178. Not~ce

in Gacette that any proposition has

may be destrained for.

bccn adopted nt a meeting evidence

145. Rates due before this Act recoverable under

thereof.

this Act.

179. Minutrs evidence of proceedings.

180. List of persons qualified to act as Con-

PART 1X.

stables to be cvidence of qualification.

181. Notice in Gazette evidence of Constable

BALE AND LETTING O F LAND FOR PAYMENT

having been duly sworn in, &c.

OF HATES.

182. Production of assessment book or Qazstte

146. District Councils may insert notice in

containing notice to be evidence, cxoept

Onzctto when rates in arrear for two	in certain cases, that the asseuvrnont or
years.	rate was duly declared, made, or autho-

147. District Council map let land for payment

r i z d.

of rates.

183. Certified copy of bp-laws to be evidence.

148. Land may be sold for payment of rates.

149. Froperties comprised in different aseeae

PART XIII.

ments may be included in one pctition.

GENERAL PROVISION0 AB TO MPETIWQB.

184. Meeting of ratepayera and Council to be

PART X.

held in the district.

186. Meeting of ratepayers to be oalled by

BP-LAWS.

noticc.

150. Uiatrict Councils may make by-lawe.	186. Meeting when to open.
151. H,m by-laws to be passed.	187. Who to vote.
152. No by-law to be repugnant to laws of	188. Votes at ordinary meetings.

Province.

189. Number of votes ratepayers to be entitled Votes of joint tenants and tenants in common.

163. Regulation of Governor as to wade lands

to at rate or loan meetings.

to repeal any inconsistent by-law.

190.

PART XI.

1'31. Clerk to produce list of persons who m

PENALTIES.

in arrear.

192. Show of hands to be taken.

164. Disqualified person ecting as Councillor to

193. Poll may be demanded.

be fined.

134. Manner of yoting.

165. D~aqualified person not giving notice of

195. Questions whivh may bc a~ked

on produc-

disqualification to be fined.

tion of voting paper. and effect of not

156. Persor~

elected Couacillor refusing to act to

ansvering in \he affirmative,

be fined.

196. Proceedings after poll.

157. duditors elected and rcfusing to act to be

fined.

PART XIV.

158. Person elected as Councillor or Auditor

LEGAL PROCEDURE.

and failing to defcnd his titlc to officc to

197, KO writ of quo warranto allowed to try

be fined.

t i t le to

office.

159. Shareholder in Company which is inter.

198. No ?mzndamus to issue from Supreme Court

estcad voting liable to penalty.

t o cornpet l)iatriet Couucila to admit,

160. Person assaulting, & c, -officci in perform-

restore, or elect Counrillnrs, &c.

ance of hie duties to be fined.

199. No assessment, rate, or loan to be removed

161. Officer appropriating money guilty of

by certiorari to Su~reme

Court.

larceny.

200. PreceedinRs for trying title of Counci~lar,

162. Clerk neglecting to produce list of rate-

&C., to his office, to be decided by two or

payers in arrcar to be fined.

more Justices in a summary way.

163. Persons removing timber, &C., without

201. Jurisdiction of Justices.

licence, liable to a fine.

202. Claims by Uiotrict Councils to moneys not

164. Penalty for pbrson sitting as Councillor

accounted for by officer may be decided

under the age of twenty-one years.

bp Justices.

166. Persons voting under age.

203. On non-compliance with order, Justices

166. Anyone chosen to act as conetable refusing

may award punishment.

to act liable to fine.

204. Time within which proceedings may be

167. Person after being sworn as Constable

taken.

refusing to act liable to fine.

205. No writ of certiorari to remove order for

168. Assault on and obstruction t o Constables.	exchange of water r e w m or land k,
169. Persons bribing voters may be fined or	Laue after six months from confirmation.

imprisoned.

206. Information

39" & 40" VICTORIB, No. 43.
The District Councils Act.-1876.

206. Informationunder Act No. 9 of 1853 mey

212. No officer to be sued or prosec~ltcd by

be made by Chairman, Clerk, or Ranger.

reason of contract or liability entered into

207. Fines against provieions of Act may be re-

or incurred by Council.

covered before two Justices.

213. Proceedings in Insolvency may be taken

208. Proceeliings before Justices t o be regulated

by Clerk.

by Ordinan~o

No. 6 of 1850.

214. I n indictments any prop~rty

stolen from a

209. On non-payment of psnalties, &C., Justices

! l.

+ cn1inr:11 may be stated to be the

may irnprlson.

p r o p e ~ ~ y

~f the Council.

210. Appeals to Local Court from order or con-

2L6. How surnmous may be servcd.

viction made by Justices.

216. Order, &C., to be signed by Chairman or

211. Local Court of Adelaide may, on appeal,

Clerk.

stato R case for opinion of Supremo

217. Provisions as to action against Council-

Court.

lors, &c.

A n Act to consolidate an,d amend the Laws

relating to District Coulecils

and jor other purposes.

[Assented to, 27th October, 1876.1

HEREAS it is expedient to consolidate and amend the

District

Preamble,

W Councils Act, 1858," the Act No. 10 of 186 1, " The District	Councils Act, 1862," and the Act So. 21 of 1865-6, and to add
thereto other provisions-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council arid the IIouse of Assembly of the said Province, in this present Parliament assembled as follows:

PRELIMlNARY.

Ropeal.	l. The several Acts mentioned in the Schedule hereto marked A shall be and the same are hereby repealed, but no Act by the said Acts or any of them repealed shall be hereby revived: Provided
Exception.	that nothing herein contained shall affect the validity of any act or thing lawfully done or made under the said Acts or any of them. or of any bylaws made in pursuance of such Acts or any of them rcspectively, OY prevent any penalty being imposed, enfcrced, or recovered, or any punishment being inflicted for any offence hereto- fore committed against the said Acts or any- of them.
Short title.	2. This Act may be cited for all purposes as ';,The District Councils Act, 1876."
Provisions as to	3. A11 dist.ricts, wards, and District Councils now existing and Acts hereby respectively repealed, or any of them, or under any Acts or laws heretofore in force respecting District Councils shall bc and continue districts, wards, and District Councils, under and suh- jeet to the provisions of this Act; and all Councillors, Chairmen, and officers or other persons appointed, elected, or holding any offices under or by virtue of the several Acts hereby repealed, or any of them, or under or by virtue of any Acts or laws heretofore in force
before the passing of	heretofore constituted, and' designated and appointed under the said
thia ~ c t.

especting District Councils, which it would be lawful f o ~ such per-
sons to hold under the previsions of this Act, shall continue in and
hold

39" & 40" VICTORIX, No. 43.	--.--	h
The District Councils Act-1876.

hold such offices under and subiect to the ~rovisions

of this Act: PRELIMINARY.

and all prbceedings bond cokenced, a<d prosecuted, and now depending under the said repealed Acts, or any of them, shall pro- ceed in every respect as if this Act had not been passed: And
all lands, tenements, and hcrcditrtments vested in any District
Council, shall be and continue vested in and the property of such District Council; and all other property belonging to any District Council shdl be and continue the property of such District Council; and all rates and debts due before the passing of this Act to any District Council, map be collected, levied, and recovered in manner providcd by this Act, for the recovery of any rates and debts; and all the rights, powers, liabilities, contracts, and engagements of any District Council, or any officer or other person appointed or elected under the provisions of the said repealed Acts, or any of thcm, or under any Acts or laws heretofore in force res- pecting District Councils, or into which any such District Council, officer, or person may have entered, or to which any such District, Council, officer, or person may be entitled, or subject under the said Acts, or any of them, before the passiiig of this Act, may be cnforced by and against the said District Council, officer, or person, as if this Act had not been made, subject in all cases to the provisions herein- af ter containcd.

4. Any Proclamation of the Governor at any time heretofore Proclamation bp

pblished in the Government Gazette for the purpdse of effecting any ~~;.;~;~~$~;;

act, which the Governor with the advice of

the Executive Council t o be as valid as

is hereby empowered to do, shall be and the same is hereby declared $r$fega';,,

to be as valid and effectual to all intcnts and purposes &S though

made under the provisions of this Act.

5. In the construction of this Act, except where the subject or Interpretation clause.

context or other provisions hereof require a different construction, the following terms shall have the respective meanings hereinafter assigned to them, that is to say-

District," (' Ward,"

'' District Council," " Councillor," ('

Chair-

District, Ward, District Council, Councillor, Chairman, or man," or (' Auditor " shall mean and include as well any
Auditor rcspcctivcly, established, appointed, or elected before as any District, Ward, District Council, Councillor, Chairman, or Auditor respectively, established, appointed, or elected after the passing of this Act:
Officer" shall m a n and include any Clerk, Treasurer, Surveyor, Valuator, Collector, 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, whether appointed before or af'ter 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 mean and include all buildings, lands,

tenements,

39" & 40" VICTOBLAE, No. 43.

The District

Coulzcils A c t. 1 8 7 6,

tenements, and hereditaments (including land belonging to
the Crown), with the following exceptions, namdy-land
belonging to the Crown, and not granted nor lawfully con-
tracted to be granted in fee simple to any person or persons,
and not lcased to or in the occupation of any person, lands
and buildings, and parts of lands and buildings, used
exclusively by the Government for any public purpose;
anv hospital, lunatic asylum, benevolent institution, buildings
ushd exclusively for charitable purposes, any church, chapel,
or buildings used exclusively for public worship, any academical institution which shall have obtained an Act of Incorporation, any other building used exclusively as a school, whether private or public, and any part of u building used as a school, whether private or public:
Ratepayer7' shall mean the occupier of rateable property, or the
owner, other than the Crown, of unoccupied rateable property:
Waste Lands of the Crown" shall mean any land within the said Provil~ce, the property of the Crown, not granted or lawfully contracted to be granted to any person or persons in fee simple, or for an estate of freehold, and not lawfully appropriated for any public purpose:
" Crown Lands7' shall mean all lands belonging to Her Majesty

within the said Province, not coming within the definition of

a Waste Lands of

the Crown: "

Person" shall extend to a Corporation, sole or aggregate:
Public notice" shali mean notice given by advertisement in the
Government Gazette, and by posting handbills on every post-
office in the district, and on every other place appointed by the District Council by bylaw as a place for posting notices.
Divhionof Act into!

parts.

6. This Act shall be divided into fourteen parts, relating to the following subject matters-

PART

I.-Creation

District Councils and alteration of Boundaries

of Districts and W mds, sections 7 to 15:

PART

11.-Councillors,

their Number, Qualification, Disqualification,

and Retirement; Chairman of District Council, sec-
tions 16 to 32 :

PART

111.-Auditors,

sections 33 to 38:

PART

IT.--Elections,

sections :+9 to 51:

PART

v.--Meetings,

Powers, and Functions of District Councils,

sections 52 to 96:

PART

yr.-Constables,

sections 97 to 112 :

PART

p11.-Eevenue

and Expenditure, sections L13 to 120:

39" & 40" VICTORIB, No. 43.	7
l%e District Counci1.s Act-1876.

Paw vr n.-Assessments,

Appeals against Assessments, Rates, and

* B E ~ I ~ ~ E Y -

Recovery of Rates, sections 121 to 145:

PART

IX.-Sale

and Letting of Land for Payment of Kates, sections

146 to 149:

PART X.-Bplaws,

sections 150 to 153:

PART

XI.-Penalties,

sections 154 to 174:

PART

x11.-Evidence,

sections 175 to 183:

PART

x111.-General

Provisions as to Meetings, sections 184 to 196:

PART	XIV.--Legal Procedure, sections 197 to 217.

PART

PART r.

CREATION OF DISTRICT COUNCILS, AND ALTERATION
OF BOUNDARIES OF DISTRICTS AND WARDS.

7. Any one or more of the following acts may, from time to ~ovnmor, by proclaw

mation, empowered

time, and at any time, be done by the Governor, with the advice of

,, do certain

the Executive Council, by Proclamation, founded on a. petition of

ratepayers-

New districts may be constituted and designated of	without or wholly within, or partly without and partly estabhshed.	land, wholly New districts may ba
within, thc limits of districts then in existence:

The boundaries of

districts may be altered, either by wparating '

part of a district from and declaring that it shall no longer m~ be dtered.
form part of a district, or by adding to a distrEt 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 j oined to any ward or wards already existing:

A district, or any part of a district, may, either when first con- Wardsmaybeformed.

stituted or at any time afterwards, be divided or formed into wards or a ward, with snch names or namc as may be thought fit:
Wards of a district may be rearranged, and the number thereof Wards may be

increased or diminished, or the boundaries thereof altered:	rearranged.
Name of district, &C.,

The name of a district or ward may be altered:

may be altered.

The first District Councillors for a new district or ward or wards Councillors m q

formed within or added to a district before the first election 'ppobted.
of Chairman for the District Council, may be appointed:

The number of

Councillors to serve for each ward formed w i t h Number of coun-

ciUors for war& m r j

or added to a district may be fixed:

be fixed.

Any vacancy in the office of

Councillor occurring before the first vac-

maJr a*

Chairman of a District Cound has been elected may be 'u~p'do

supplied by fresh appointment.

8, The

8 39" & 40" VICTORIAE,'; No.' 43.

Paar I.

8. The petition shall contain the following particulars, and! shall

in	be signed as f 0110~s-

petition, and in what

manner petition shall

For forming a new district, the boundaries of the proposed

be signed.	district, and also the boundaries of every district, or part of
a district, intended to be included in the proposcd district,
shall be described, and the signatures of notyless than two- fifths of the ratepayers of the proposed district shall be necessary:

For altering the boundaries of a district, the boundaries of the piece proposed to be separated or added shall be described,

and the signatures of not less than two-fifths of the rate- payers of the piece proposed to bc separated or added shall be necesmry:
For dividing or forming a district or part of a district into wards or a ward, or re-arranging the wards of a district, the boundaries of the ward or several wards into which it is proposed that the district or part of a district shall be thence- forth divided or formed shall be described, and the signatures of not less than two-fifths of the ratepayers of the district or part of the district proposed to be divided or formed into wards, or a ward, or the wards of which are to be re- arranged, shall be necessary:
For altexing the name of a district or ward the petition shall be signed by not less than two-fifths of the ratepayers of the district or ward, as the case may be:
If there shall bc no more than ten ratepayers within any district,
or part of a district, or piece of land not theretofore included
in a district, and intended to bc included in or added to any district, then the signatures of any ratepayers thereof shall not be necessary; but the petition shall bc signed by two-fifths of the ratepayers of the district, or proposed district, to which it is proposed that the addition shall be made, or

whcrcin it is proposed that the district, part of a district, or

piece of land shall bc included:

For appointing a Councillor or Councillors, thc name or names of the person or persons proposed for the appointment shall be stated, and the signatures of five ratepayers shall bc necessary:
For fixing the number of Councillors for wards, the number of
Councillors proposed for each ward shall bc stated, and the

signatures of

five ratepayers shall be necessary:

The petition shall pray the Governor to do the act or acts required.
Petitionto be pub-

lbhed in Gazette.

9. Every such petition shall be publiihed for three successive weeks in the Government Gazette.

C ~ U B O

may be shown

10. Any person or persons may, by memorial to the Governor,

againstpetitioa

show cause against the petition, or any part thereof.

11. The
39" & 40" VICTORIZ, No. 43.

The District

Councils Ac t .1876.

l l. The Proclamation may issue at the expiration of six weeks

PART 1.

from the first publication of the petition, and may grant the prayer Pmolamationmay
of the petition, or any part thereof, with such alteration or modifica- issue.
tion as may appear necessary or expedient.
12. The Proclamation shall be published in the Government Proclamation to be
Gazette, and shall contain such description of boundaries as would ~ h & $ ~ ~ ~ ~ n -
be required in a petition praying the Governor to do the particular daries.
act or acts by the Proclamation effected.

13. The title of any District Council or Councillors to act as such Title of District

Council or Councillor#

in any case in which they are appointed, or in which any jurisdiction

not ,, be impeached

is conferred upon them by any Proclarnation heretofore or hereafter for any irregularity in

published in the Goverfimer~t Gazette, or in any case in which by preliminaq to Pm-

or nmission of any

this Act the Governor is empowered to issue a Proclamation. shall clamation.
not be impeached or questionid in any proceeding whatever on the
ground of any neglect or omission to perform, or any error or
ixreplarity in the performance of any act which is required as a
preliminary to the issue of a Proclamation.
14. Any part of a district to which the provisions of the Acts part of a districtto
relating to Municipal Corporations, or any of them, have been, before; ~ ~ ~ ~: ~ ~ p d ", ' ~ t i o n
the passing of this Act or may hereafter be extended, shall cease to shall ccase to belong
be or be considercd part of a district as from the date at which the 'Othe
provisions of' the said Acts, or any of them, were or may be extended
thereto.
15. Any part of a town to which the provisions of the Acts ~ ~ r t o f s t o ~ n i n -

be applied, and which subsequently t o thc extension of such Acts, to the town.

relating to Municipal Corporations, or auy of them, h$ve been or may ~ & ~ ~ 6 ~; ~ ~ 2 &

or any of them, to such town, has been or may be by Proclarnation

included in m added to a district, shall cease to be or be considered part of a town, or to bc subject to thc said Acts, or any of them, as from the date of the Proclamation whereby khc same part of a town

has been or may be included in or added to a district.

PART 11.

PART

11.

COUNCILLORS: THEIR NUMBER, QUALIFICATION, UlISQUALIFICATION, A N D RETIREMENT. CHAIR- MAN OF DISTRICT COUNCIL.

16. The District Council of every district shall consist of five Number ofmembers
members when the district is not divided into wards, and of a Councillor or Councillors for each ward where wards exist, the number of Councillors for each ward to be as fixed before the passing
of this Act, or as may be fixed under the provisions of this Act.
17. To qualify a person to be or continue a District Councillor, Qualifiationa of
he must reside in and be a ratepayer of the district for which he is COunciUOm.
appointed or elected.

18. The

10 39" & 40" VICTORIB, No. 43.
l%e Disi?rict Councils Act.-1876.

PART

11.

18. Th'e following persons shall not be or continue members of

D&nn&fioaGone	District Councils-
CounciUom.

A Special Magistrate or Stipendiary Magistrate:
A person under the age of twehty-one years:
An uncertificated bankrupt or insolvent:
A person who, at the time of his appointment or election, shall hold, or, after his appointment, has accepted or shall accept or 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 at the time 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

Exception.

is a member: Provided that ndthing herein contained shall prevent any Councillor acting as Returning Officer or Deputy Returning Officer at any el.ection meeting in pursuance of this Act from receiving the fees payable to such Councillor so acting, or from receiving travelling expenses incurred in pursuance of and authorized to be paid by resolution of the Council, and that nothing in this section. contained shall. disqualify any member of any Joint Stock Company, incor- porated by Royal Charter, or established by or incorporated under the provisi~ils of any Act of lhe Imperial Parliament or the Legislature of South Australia, by reason only of such company being concerned in, or party to, any contract with, or work done, under the authority of a District Council.

Exemption from

aervmg

19. The following persons shall not be compelled to serve, or be liable to any penalty for not serving, as Councillors, that is to say-

A member of the Legislative Council or House of Assembly:

A person who, at the time of his appointment or election, may

alteration in the boundaries of a district, may become resident

out of the district for which he is appointed or elected:

reside, ar after his election may go to reside, or by reason of

A perscn who, having 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, shall be again elected a member for the same Council:
A person who, at the time of his appdintment or election, is, or
during his tenure of oflice, may attain sixty years of age:
A person receiving my salary from the Government of the said
Province:

39"

440" VICTORIB, No. 43.

The District Councils Act.-187 6.

To entitle any Fersons, other than a Member of the 1,egislative Council or House of Assembly. to exemption under this clause,

PART 11.

Notice of

he must, if appointed by Proclamation, and the first Chairman to be given.
of the District Council has not been elected within fourteen days after his appointment, or the happening of the event cxemptixlg him, send through the post to the Commissioner of Crown Lands of thc said Province, and whether he is appointed or elected, he must, if the first Chairman has been elected within fburteen 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 District Council, a notice claiming exemption, and stating the grounds thereof.

Councillor; and no vacancy shdl be supplied by appointment or occasioned.

20. The following causes sllall create a vacancy in the office of HOW vnoenciea aw

election unless i t shall be occasioned or occur as under-
Ijeath, lunacy, idiotcy, or insolvency:
Absence from the said Frovincc for three consecutive ordinary nleetings without leave of the District Council, or non- attendance at the meetings of the Council for three conse- semtive ordinary meetings without sufficient cause, followeclin either case by a resolution of thc District Council declaring tllc office vacant, which resolution the District Council may pass within threc weclis next after the expiration of the said three consecutive ordinary meetings, but arc not bound to pass:
Disqualification, and notice thereof sent throngh the post by the disqualified person to the Commissioner of Crown Lands if the disqualification exists or. occurs before the first Chairman of the District Council is elected; or in any othcr case delivered or sent through the post addressed to the Chairman or Clerk:
Resignation, by notice delivered to or sent through the Post

addressed to the Chairman or Clerk by the person resigning:

Retirement, by rotation, as herein provided:
Exemption under this Act if notice thereof shall have been duly
given as hereinbefore provided:
The judgment or order of any duly authorized Court or Justices declaring the office vacant on the ground that s Councillor is not properly qualified, appointed, or elected, or declaring that any person ought not, from any cause hereby declared to dis- qualify, or fiom incapacity to act, or any other lawful cause, to hold or continue to hold office.
21. At the first annual election, after the passing of this Act, or Retirement of corn-
the establishment and appointmelit of a District Council, and at cuOrs byrOtatiO~
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. 22. The

The histrict Councils Act.-187

PART

XI.

22. The members to retire shall be those that have been longest in office without re-election; and when the number cannot be thus made up, a ballot shall take place between those who have been an equal time in office without re-election to decide as to which of them shall retire.

Who to retire,
23. The Chairman shall in no case be required to ballot; but the other member or members with whom i t would be necessary, but for his position as Chairman, that he should ballot, shall retire, or draw lots between them without the Chairman, to decide which of them shall retire.
Vacancies existing at

the annual election	24. When, at the time of giving notice of the annual day of nomination, there shall be vacancies for any district, and no more Councillors are required to retire at the election meeting for that year than there are seats then vacant, there shall be no need for any retirement of members, but the vacancies so existing shall be filled up at the annual election meeting, and if any vacancy or vacancies shall exist at thc time of giving notice of any annual day of nomination, every member whose seat is so vacant shall be taken to be a person bound to ret ix at the annual election meeting, and every snch vacancy shall be filled up at the annual election meeting, and any other retirements which may be necessary shall be settled in manner herein provided.
meeting how supplied.
When Auditors and

Councillors to retire.

25. The Auditors, and as many Councillors as are required by

Retiring Councillors	this Act to retire shall respectively go out of office on the first
to hold a c e until	Monday in July in every year. Councillors retiring at the annual
successors elected.	election shall continue in office until the necessary elections to supply vacancies have taken place.
before the annual

Ballot to take place

26. Any ballot required to take placc before the retirement of

meeting.

members, shall take place before notice of the day of nomination of

candidates for election shall be given.

Whoshallretire when	27. When a district is divided into wards, at the first annual election held after the passing of this Act, or after the appointment or election of Councillors for wards, one-half or a majority of one when the members are nncven, to be decided by ballot between them shaU retire from office; and, at the next and every subseqymt annual election, those Councillors who have been longest in office without re-election shall retire; and, if necessary, so many of the other Councillors as shall be required to make up the number of one-half, or a majority of one, as the case may be, to be decided by ballot between them shall also retire.
wards exists.
When district divided
into wards, Coun-:	28. Whenever after the appointment of the first councillors for a district the district or any part thereof shall be divided or formed into wards or a ward, or a ward or wards shall bc added to a district, proceedings shall be forthwith taken by the District Council for the election of the necessary Councillor or Councillors.
cillors to be elected.

29. After
3 9 O & 40" VLCTORIB, No. 43.

The District Councils Act.-1

8 76.

--
Pasr 11.
29. After a district shall bc divided into wards, and so soon as After first election of
Councillors are elected for wards, all the former Councillors shall Councillors for wards,
former members shall

cease to be Councillors unless re-elected.

cewe to be Councillors.

30. When from any reason any ward shall cease to be a ward of a M

embers for a ward

ceasing to be so shall
district, either on re-arrangement of boundaries or separation of part ,longer be coon-
of a district from the residue, the Councillor or Councillors for such clllors.
ward shall cease to be a member or members of the District Council.

31. At the first meeting of a District Council, after the annual ~

;

election shall be held, a Chairman shall be elected by a majority of c,,,il	,ft,	mud
votes; and if there shall be an equal number of votes for two or more members having the largest number of votes, the person to act as Chairman shall be chosen by lot between those members having the equality of votes; but the omission to elect a Chairman shall not prevent the District Council from making such appointment at any future meeting; and any vacancy in the office of Chairman. may be filled up at any meeting of the District Council.

32. A Councillor or

Chairman duly qualified, but retiring from, Comcillor or Chair-

manmay be re-elected.

or ceasing to hold office,

shall be eligible for re-election.

PART 111.	PART	r r ~.
AUDITORS.

33. There shall be two Auditors for a District Council, who shall Auditors to be elected.
be elected in the same manner in every respect as Councillors are to
be elected, except as by this Act otherwise providg.
34. When a district shall be divided into wards, and meet- Auditors, how to be

ings shall be held for more than one ward for election of Coun- ings.	elected at ward meet-
ciliors, votes for Auditors shall be taken at each ward meeting, and every person of the full age of twenty-one years, whose name appears as a ratepayer in the assessment book for the current year,

in respect of property situated in a ward wherein no election takes	place, may give one vote for Auditors for each such ward at either
ward meeting, but except as by this clause provided, ratepayers shall vote only in the ward wherein the rateable property
in respect of which they may be entitled to vote, is situated:
Provided that where a district is divided into wards every person qualified as aforesaid shall be entitled to one vote for Auditors for every ward containing property in respect of which he is a ratepayer: Provided also that the Council may fix, by notice, one ward only in which the votes for Auditors shall be taken.

acting in the office of Auditor, shall be the same as in the case of a Auator ,

35. The qualifications or disqualifications for, or exemption from, fbalificationg, &of

Councillor, except that the Auditors need not be ratepayers within the district; bat no Councillor shall bs Auditor for the District Council of which he is a member: Provided that any Auditor may,

with

39" & 40" VICTORIB, No. 43.

The District

Cbuncib A c t. 1 8 7 6.

Pasr 1x1.	with his own consent, be elected a member of the District Council for which he is Auditor, and shall thereupon cease to bc an Auditor.
The following causes shall create a vacancy in the office of

Auditor, viz.-
Death, lunacy, idiotcy, or insolvency:
Absence from the said Province at the time at which the half- yearly audit is appointed to take place, or non-attendance at the audit after fourteen days' notice shall have been given '
to any Auditor of the time and place appointed for the audit: Appointment as a member of the llistrict Council:
Disqualification and notice thereof sent through the post by the disqualified person to the Chairman or Clerk of the District Council:
Exemption and notice duly given:
The judgment or order of any dulv authorized Court or Justices declaring the office vacant ch the ground that an Auditor is not properly qualified or elected, or declaring that any person ought not, from any cause hereby declared to dis- qualify, or from incapacity to act, or any other lawful cause, to hold, or continue to hold, the office of Auditor.

~uditing

accounts.

36. The Auditors shall, as soon as conveniently may be, after the half-yearly balancing of accounts, proceed to audit the accounts of the District Council for the half year 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.

Balance sheet

37. The Distrkt Council shall cause the yearly balance sheet to be advertised once in one of the newspapers of the said Province and in the Govtmment Gazette within one month after the Auditors having signed the same.

advertbed in one

newspaper.

Auditors mayrefuge

persons to be present

38. The Auditors may refuse to allow any person, except the

acmonts.

Chairman of the District, to be present at ihe audit of the accounts.

PART IV.
ELECTIONS.
Election to take place

although assessment	39. Annual and other election meetings may and are hereby required to be held, although the District Council may not have prepared the assessment for any year, and notwithstanding any omission, or breach or neglect of duty, or default on the part of
not made.
the District Council or of any of their officers. 40.. The

30" & 40" VICTORIB, No. 43.	15
The District Councils Act.-1 876.

P A ~

40, The nomination of Councillors and Auditors shall take place

days at least beforesthe day 'of nomination the Chairman of the

on the last Monday in June, at the hour of noon, and seven clear ~ ~ ~ h ~ t i o ~. day, and hour for the nomination of candidates for election to the several offices.

41. The nomination of Councillors and Auditors

shall bc signed ~ o m - o f

nominatipn

and tunefor.lodgmg

by two ratepayers, and such nomination shall be in the form in ,	,	,
Schedule B to this Act, or as near thereto as circumstances will admit; but no nomination shall be acted upon unless the same shall have been lodged in the office of the District Council before the hour of noon of the day fixed for nomination as aforesaid.

at the District Council Office, at the hour of noon, at which time and wmination.

42. On the day of nomination the Returning Officer shall attend Proceehgs on day of

place he shall cause all nominations lodged in the office publicly to be opened and read aloud; if there shdll be such number of candi- dates so nominated as are required to bc elected, and no more, the Returning Officer shall declare such candidates to b~ duly elected to serve in their respective offices for the year colnrnencing on the first Monday in the July nest ensuing, but in thc event of there being more cand ihes nominated than are required to be elected, the Returning Officer shall adjourn all further proceedings in respect of such election, until the first Monday in the July following, when thc election shall be by ballot, and for the purpose of such election every District Council shall be considered a Public Body within the

meaning of

The Ballot Act of 1862."

43. The Returning Officer shdl cause to be given aotice of such Notieea of adjourn-

adjournment, and tlle object thereof, and the names of the several ment" be give"

candidates, and, in the case of wards, for which -ward they are nominated, and the hour and place where such election is to take place, by posting handbills on every post office in the district, and on every othcr placc appointed by the District Council by by-law as
a place for posting notices.

44. In case, from any cause whatever, no election s h d be made Proceedings incase of

of ~ouncillors'or

~ u d i t o r s

upon the day or within the time appointed ~, " $ ~ ~ ~ ~ P $ ~ ~ ~, -

by this Act for any such election, or such election being made, tionbecomingvoia.

shall afterwards become void, the District Council shall co&e undei

no disability whatever by reason thereof, but shall proceed as soon

thereafter as may be to the election of such Councillors or Auditors, and every act necessary for the completion of such election may be done, and shall be as effectual and valid for all purposes as if the election so dclayed had been made on the proper day appointed for the same.

4.5. If an extraordinary vacancy shall occur in the office of Extraordinary rw&n.

Councillor or Auditor, the ratepayers shall, upon a day to be fixed cie~.howW(+d. by the District Council, such &ay not to be later than one calendar

month

39"

440" VICTORIB, No. 43.

T%Ye District Councils Act. -1

8'76.

PART

TV-

month after the occurrence of such vacancy, elect another qualified person to supply such vacancy, and the nomination for such election shall take place seven days before the dav fixed for election, and such election shall be held and the nomination and (in case of a contest) the voting shall be conducted in the same manner, and subject to the same regulations as are hereinbcfore prescribed with respect to the election of Councillors and Auditors; and every person so elected shall hold office until the time at which the Councillor or Auditor, in room of whom he was chosen, would regularly have gone out of office, when he shall go out of office, but be capable of re-election,

Justice may proceed

46. In case the District Council shall not proceed, as herein directed, to the election of Councillors or Auditors within fourteen days after any of the days or times appointed by this Act for any such election, any Justice of the peace resident within the district, may do every other act necessary for the carrying out of such election, including the appointment of a day of nomination and of

to	if
neglect.

a Returning Officer; and in such csse he shall cause to be had any
ballot which may be necessary for the purpose of deciding what Councillors are to retire, at an open meeting within the district, in the presence of at least five ratepayers, and of the time and place of holding which he shall cause to be given to the District Council three days' previous notice, and the ballot may be taken in the absence of any members of the District Council.

Who may vote in

47. At any meeting in a ward for the ejection of Councillors or Auditors, every person of the full age of twenty-one years, whose name appears as a ratepayer in the assessment book for the current year, in respect of aRy property within the ward may give one vote: and at any meeting for the election of Councillors or Auditors, where the district is not divided into wards, every person of the full age of twenty-one years whose name appears as a ratepayer in the assessment book for the current year, may give one vote.

ward.

Returning Officer to

48. The District Council shall appoint a Returning Officer, not

be appointed.

being a candidate, to preside at the nomination and election of

Councillors or Auditors.

Notice to be g w n to

49.

The Returning Officer shall cause a notice to be given to each person elected, or sent to him through the post, directed to him, at his residence, within forty-eight hours from the time of his elec- tion, informing him of his having been elected a District Councillor or Auditor, as the case may be, and shall also, within ten days of the election, cause a notice of such election to be inserted in the Govern-
persons elected.
ment Gazette.

Proceedings whero

50. When any person shall be elected for more than one ward he

person

elected as CounciUor

shall not be considered a member for either until he, by notice in

for morethsn one

writing to the District Council, or in default thereof for six days

ward.

after the election, the District Council by resolution shall decide for

which

39" & 40" VICTORIA$ No. 43.

The

Diskict

Cozcncils

A c t. 1 8 7 6.

which ward he s h d serve, and the vacancy or vacancies for the ward	IV. --
or wards for which he shall be elected and not serve, shall bc filled up in the same manner as hereinbefore directed by clause 44 with respect to any extraordinary vacancy, the election to be held within one calendar month from such notice or resolution, as the case may be.

51. Every meeting for the election of a Councillor or Councillors Meeting for election

of Councillor to be

for a vard shall be held within the ward.

held within the w,vard.

PART V.

PAST v.

-p--

MEETINGS, POWERS, AND FUNCTIONS OF DISTRICT

COUNCILS.

52. The ancual meeting of the District Council shall be held Annual n~eeting

to be

held in second week

in the second week in July next after the passing of this Act or the

Jdy,

appointment of the District Council, and in the second week in July

in every succeeding year.

53. Ordinary meetings of the District Council shall be held at Ordinary mcctingeto

least once in each month for the dispatch of business; and spccial bdh"ld Once h each month.

meetings may be held at any time, and any business required to be speciitl meeting may

done at an annual or an ordinary meeting may be transacted at any ~

special meeting, and until otherwise provided for by by-law, every specid mceting to be

special meeting shall be called by sending, thrce days before the

mceting, a notice thereof, stating the time and place and business of

such meeting, to each member of the District Council, addressed to

him through the post.

54. At all meetings of District Councils, except where otherwise Three-fifths of mem-

bers to form quorum

provided for in this Act, three-fifthsof the mcmbcrs cf the Council, ,,

actually in office at the time, shall form a quorum,

55. Notwithstanding any vacancies in the office of Councillor, the Business of ~ o n ~ ~ i l

business of the ~ s t r b t

douncil may bc carried on by the member ~;;%9"1";'*

or members actually in office, who shdl have all the powers of the YdCanCY.	.L
District Council.

56. The Chairman of thc District Council, and in his absence any Chairman of Council

other member, to be elected in manner appointed for the election of Chairman of the Council, shall preside at any meeting of the District Council; and the Chairman of the meeting shall have a deliberative as well as a casting vote.

67. The District Council shall keep a minute book, in which the Minute book to bc

proceedings of each meeting and the business performed thereat shall	?
be entered; and the minutes of each meeting shall be signed by the Chairman of such meeting, and be confirmed at the next regular meeting of the District Council.

58. Every ratepayer in the district may, at any time, on the days Minute book to be

open for forinspection.

of the meetings of the Council, between the hours of twelve at noon, and two in the afternoon, and upon payment of a fee of One

Shilling

39" & POo VICTORIB, No. 43.

The District

Councils A c t. 1

876.

P ~ m

v.,

_I_.	Shilling to the Clerk of the District Council, for his own use, inspect and take copies of, or extracts from the minute book of the District Council.

~ a m e

m a privileges District cOuncils* corporate name thereof shall be '(The District Council of

59. Every District Council shall be a corporation, and the

9 3 9
such blank being filled i11 with the distinctive name of the particular district for which i t is appointed, and every District Council shall have perpetual succession, and by its corporzttc name may purchase, take, receive, accept, acquire, sell, demise, or dispose of. any lands, tenements, and hereditanients, goods, chattels, and things, and contract and agree for the same, and become it party to any deed, conveyance, agreement, or instrument, for giving effect to such purchase, acquisition, sale, demise, or disposition, or for the perform- ance or construction of any work, or th&delivery or removal of any materials, and may talcc security by way of bond, obligation, or other- wise, and by such name may sue and be sued, implead and be implcaclcd, in any Court or before any tribunal whatever.

Deeda, how to bo

60. Every deed, conveyance, agreement, or instrument, to which any District Council is a party, or which it may be necessary for the District Council to make, shall, if required to be executed by the District Council, be executed ar signed by the Chairman in the name and on behalf of the District Council.

executd

Diatrict Councils may	61. The District Council may purchase OY accept, either from the
acco~tlandaand

tenements for public	Crown or any person, any land, tcncments, or hereditaments, for any
purposes.	cemetery, or for any other district purpose, and rfiay accept a gift, conveyance, or assignment of any land, tenements, or hereditaments, for any charitable or public purpose not connected with religious worship, and hold the same upon such trusts or for s i ~ h purposes as may be declared by the donor.
Power to base or im-	62, The District Council may, from time to time, demise, let, piers, wharves, and breakwaters heretofore or hereafter acquired in
prove lands.	manage, or improve any lands, ' tenements, hereditamcnts, jetties,
such manner as may be considered expedient, and as shall not be
inconsistent with the purposes for, or the trusts upon which, the same may be held,

63. Any lands now Jr hereafter held by Trustees within a district

~; ~ t r i o t councils may ac~eptconvcyanoo~of upon trust for m y public cemetery, m+	by the said Trustees be
lands from Truetees,

conveyed to the District Council, if the District Council shall be willing to accept the trust, and the said District Council shall hold the same upon the original trusts or such of them as are applicable; and the Trustees shall thenceforth be discharged from such trusts.
Public maeting of 64. Where any land within a district is now vested in Trustees ratepayers maycam- for a ty public cemetcry and the District Council have the control gel to convey 01: management thereof, or the appointment of new Trustees
in
39" & 40" VICTORIB, No. 43.

D i e District C?ozcncils Act.-1

876.

in case of a vacancy, and thc Trustces shall not be willing to convey

difficulty in the way of such conveyance or transfer being perfected, cases.	or transfer the same to the District Council, or there shall be any b ~ ~ $ a ~ ~ ~ ~ t ~
the District Council may call a spccial meeting of ratepayers for the purpose of deciding whether such land shall be conveyed or transferred to and held by the District Council, and at such meeting,
if a majority of three-fourths of thc ratepayers decide that the land
shall be conveyed or transferred to and vested in thc District Council, the same shall bc conveyed or transferred to, and vested in, the District Council accordingly.

65.

When any lands, tenements, or hereditame~tts

have been or may L,&

held by Dip

be granted or conveyed to any

District

Council for any purpose, or

~; ~ e ~ ~; ~; t ! ? ~ e

have Seen or may bc held upon trust for any District Council, and by Council of now di~l- reason of the district being incorporated with any other district, or trict " cases*
of any separation, or from any other cause, the land so granted or
conveyed does now or may form part of any new or other district, or by reason of the district or any part thereof being incorporated under the regulations prescribed by '' The Municipal Corporations Act, 1861," and thereby becoming independent of thc authority of the Council of any District of which i t may have formed part, the lands, tenements, and hereditaments afbresaid shall, from and after the passing of this Act, or from and after the same lands, tenements, or hercditaments becommg part of any new or other district, or in any town, district, or place which shall become incorporated by Proclamation under the said Municipal Corporatio~s
Act as aforcsaid, as the case may he, become vested in the District Council of the new or other district, or in thc Councilcf any such new or other incorporated town.

66. When any district shall for any reason become included in or Whcndiatrictincluded

in any other xights

added to another district, or when say new district shall be f urmed ,,d

liabilities thereof

out of any existing district or districls, or p r t l y out of

any existing ~; $ ? ~ ~ 3 t f i c t

district or districts, and partly from land not includedin any district, inoorpratrjd.
thc rights, duties, and liabilities of the District Council of the district
so included or added, or of any existing District Council in rcspect
of any part of any such new district, shall bc transmitted to the District Council of the other district in or to which such district shall have become included or added, or of such new district, as the case may be; and on any such transmission the said rights, duties, and liabilities may be enforced by and against the District Council to which the same shall have been so transmitted, in the same manner in every respect as though such rights, duties, and liabilities had originally attached to such District Council.

67. When rates legally due have been paid to .any District NO person liable ta

pay rates twice for

Council neither the person paying the same nor the property in ,

respect of which the same shall have been paid shall in any case Councils.
duhng the same financial year as that for khich such rat& shall
have 6een paid be Liablc to any other District Council for any rates
in respect 6f the same property.

68 The

20 39" & 40' VICTORIB, No. 43.
The Bistrict Councils Act.-1876.

PART

68. The care, management, and control of all water and other

W*reaerve+

care

of, vested in Diatxict

reserves for public convenience, and of any jetties, piers, wharves, and

C O U ~ C ~ I.

breakwaters, situated within or on the boundaries of any district which by Proclamation of the Governor, with the advice of the Executive Council, may be placed under the carc, control, and management 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 to the District Council a grant of any such reserve, upon such trusts and under such conditions as may appear expedient: Provided, however, that it shall be lawful for the Governor at any time before such grant shall have been issued as aforesaid, by Proclamation, to resume such water and other reserves, jetties, piers, wharves, and breakwaters.

Water reserves or

69.

Any water reserve, after the issuing of

such grant as aforesaid,

but not otherwise, and any land purchased, accepted. or held by any

land

changed.

ex-

District Council under section 61 of this Act for any purpose what- ever, or purchased, accepted, or held by any District Council for any public, charitable, or district purpose whatever, may be exchanged by the District Council if it shall be considered necessary or desirable for any other water reserve or land to be held for a similar purpose.

Agreement for ex-

change of water

70. In case of the exchange of water reserves or land as aforesaid,

reserve8 and land.

an agreement shall be first entered in to between the District Council. and the owner and the occupier (if any s.rlch there be) of any land intended to be taken :H a water reserve or otherwi~e as aforesaid, in the form in the Schedule C to this Act annexed, or as near thereto

When

or land exchanged,

reserves as circumstances ail1 admit.

A survey mdp a i d plan containing

p~antobodepositedin the exact dimensions and position of thc reserve, or part thereof,	Surveyor-General's
office.	or of the land intended to be exchanged, and also of the land intended to be taken in exchange, shall be deposited in the Survevor-Geiieral's office; and mtice shh ' be insert& in the ~ o v c m n t e ~ t Gazette of the intended exchange, giving a general description of the land,

and of the land to be taken in exchange, with the names of thc

owners or occupiers thereof, so far as known, and referring to the

water reserve or land. objcctions to the proposed exchange, to send notice in writing to the

Objection toexchange survey map and plan, and calling on all persons who have any

District Council or their Clerk, within forty days, of any objection to the proposed exchange, and givin~ notice of the time and place of the meeting of the District Council, to take into consideration the said intended exchange, such meeting to be held not more than sixty days from the first publication of the notice; and any ratepayer or other person interested, may object in writing, during the forty days, to the proposed exchange.
Meetingforconsidera- 71, At the time and place appointed, a meeting of the District

tion of exchange of

wnbr reserve or landA Council shall be held, whereat the District Council may consider

the proposed exchange, and any objections of which notice has been given; and may decide either to make or refuse to mgke an order
for the proposed exchange.
72. Should

39" & 40" VICTORIZ, No. 43.	2 1
The District Councils Act.-1876.

72.

Should the District Council at such meeting agree to the order,

PART

V-

the same shall be drawn up in the form in the Schedule L) to this Drawing up agrce- Act annexed, or as near thereto as circumstances wiil admit, iad the for exchange. order, with all objections in writing, shall be submitted to the

Governor, who may, within three calendar months of

the order C o n f i t i o n or re.

having been made, confirm the same, and a notice of

the confirrna- jection of order by

tion in the form in the Schedule E to this Act annexed shall be Governor.

inserted in the Gosernment Gazette within three calendar months from

making 'of the order.

73. The order, when confirmed, shall have the effect of authoriz- ~ r ~ e r w ~, ,, o ~ e ~

ing the exchange proposed, and upon payment of

any amount which shall authorize

exchange.

may be named in the agreement, and a receipt for the same in one of the forms in the Schedule B' to this Act being given, either to or by the District Council for equality of exchange, the old reserve, or part of a reserve, or land as aforesaid, shall vest in the person with whom, by the order, the same is to be exchanged, and the land to be given in exchange shall vest in the District Council.
74. Should any person not a party tolthe agreement for exchange, Compensation.
after confirmation of any order for exchange, have any estate, right, title, or interest in the land taken by the District Council in exchange, he shall be entitled to compensation under "The Lands Clauses Consolidation Act," to be estimated and obtained in manner prescribed by that Act, which Act for all purposes of compensation under this clause shall be incorporated with this Act.
75. If the District Council shall not at the meeting make the Agreementwhenvoid.
order, or if the meeting shall not be held, or fail, or if the Governor shall not confirm the order, or if notice of the confi&ation shall not be inserted in the Government G'azetie within six calendar months after the same shall be made, any agreement made as aforesaid shall be null and void.
76. All streets in any township or village which shall have been District roads under

dedicated to the public, within a district, of which dedication five i::2i,D*t'a

years' uninterrupted use of such street by the public, after the laying out of any such township or village shall be evidence, shall be dis- trict roads, unless and until the same shall be or become main roads, and the same and all other district roads, shall be under the care and management, and subject to the control and direction of the District Council for the district, and the District Council shall be Commissioners of Roads for the district, so far as regards district roads.
77. The Commissioner of Crown Lands upon being satisfied that Certiieate of title for

the exchange of any water reserves has before the passing of this reserves under Dis-

trict Councils Act,

Act been duly completed under the District Councils Act, 1858, 1868.
shall cause separate certificates of title, in the form prescribed in
Schedule FFF to this Act, to be issued in duplicate to the District
Council, and to any other person entitled thereto, and the
Commission e+

39" & 40" VIC'L'ORIZ, No. 43.

The District Councils Act.-1876.

PAW V-

Commissioner of Crown Lands after signing such certificate shall

deliver the same to the Registrar-General.

Private roads,

although not thirty

78. Any private road or roads, street or streets, now in existence

feet wi& ma be

or hereafter laid out, although the same may not be thirty feet wide,

c o n ~ ~ d t o ~ i a t r i c t	may be conveyed to the District Council for the district wherein the
Councils.
same may be situate, from the owner or owners thereof, and the same shall thenceforth be a district road or roads, and all private rights of way thercon or thereover shall cease and be detemined.
Map of roads to be
prepared, and to be	'79, Every District Council shall, so soon as it may be practicable, bearings, and admeasurements of the same; and one of such maps or @a&be kept at the office of the District Council md the othkr at the office of the Surveyor-General; and so often as any new road or reserve, or any alteration in any existing line of road, or in any reserve, shall be made under any authority vested in such District Council, such District Council s l d l cause such new road, or reserve, or alteration, to be delineated upon their map or plan, and upon the map or plan deposited in the office of the Surveyor:General, and such maps or plans shall be open to public inspection at all reason-
depositodin *egor-	cause to be prepared a survey map or plan in duplicate of all the
General's oftice for	roads and public reserves of the said district, with the course and
inspection.
able hours.
District Council to

forward duplicate

80, The District Council shall, within one month after any order

order t o c ~ m m i s ~ i o n ~

for the exchange of watzr reserves or land shall have been confirmed

~ ' $ P ~ ~ ~; ~ ~ ~ ~ ~

by the Governor as aforesaid, f'orward a duplicate of such order to

of titlc.

the Cornmissioner of Crown Lands, who shall, on being satisfied that the proceedings arc rcgular, cause separate certificates of titles on parchment, in the form prescribed in Schedule FF to this Act, to be &sued in duplicate to t6e District Council and to m y other person entitled thereto, and the Commissioner of Crown Lands, after signing such certificates, shall deliver the samc to the Registrar-General.

On receipt of cer-

81. Upon receipt of any certificate of title given under the pro-

tificate, Registrar-

General to endorae	visions hereof, the Registrar-General shall, 4dter. the expiration of
certificate and register
same under Real	three calendar months from the date of thc order, bind up one of

Pro~crtv

Act.

the certificates of

titlc as a separate foliurn of the register book, and

shall register the same under the provisions of the Real Property cates of title to the District Council or persons entitlcd thereto.

after registry of cer-

82. After registry of any such certificate uf titlc as hereinbefore

provided, the provisions of the Real Property Act for the time being

tiscate

Property ~ c t

to be

applicable to land.

shall be applicable to the larld therein nlcntioned to all intents and purposes whatsoever as fully as if the said land had been brought under the provisions of such ,4ct upon the application of a pro- prietor; and it shall be crlnclusively held in every Court of Law and Equity that the certificate of title shall vest such land and estate in the persons therein mentioned.

83. Subject
39" h 40° VICTORIB, No. 43.
TIze District Councils Act.-1 876.

PART

83. Subject to any rules of the Governor, which may from time to time be made, to regulate the depasturing of the wmte lands of the	Depasturing licences.
Crown, or other Crown lands, for the whole or any part of the said Province, the District Council may issue licences to the owners and occupiers of land within the district, authorizing the holders of such licences to dcpasture cattle upon the waste lands of the Crown within the district, or that part of such waste lands as may be specified on the licence; but notking herein contained shall affect any lease grantcd to or to bc granted by the Governor, under the authority of any Act of the Imperial Parliament, Order in Council, or Act of the Lcgislature of the said Prcvince: Provided that no such licence shall authorize depasturing on any travelling stock reserve or road,
84. Subject to any rule which has been, or may from time to time be made by the Governor for regulating the grunting of timber	Timber and qutuly
licences.
licences, or licenccs for quarrying stone, in the whole or any part of the said Province, the District Council may grant licences to cut timber upon, and remove the same from, or quarry and remove stone and sand from the whole or any part of the waste lands of the Crown within the District.
85. Subject as aforesai4 the District Council may charge such fees for any depasturing, or timber, or stone, or sand licences, as may be thought; fit.	Fees.

86. Every District Council and every officer thereof shall hwe	District Councils to
have powers, and to

nnd exercise all the powers, 'rights, and privileges, and be subject	be subject to liabilities
to all the duties and liabilities 'khich by any Acta, Ordinances, or	already B;nieting.
laws in force within the said Pravince after the passing of this Act are conferred or imposed upon or vested in the District Councils or their'officers, subject however to the provisions in this Act contained.
87. The Ranger of any District Council shall have power to impound cattle trespassing upon any district roads, or upon any	Ranger may hpounu
cattle trespassing on

wa~~to

lands.

public reserves or waste lands of the Crown within the district, and to make and receive for the use ~f the District Council, such charges as are, by the Act No. 17 of 1852, intituled '' L4n Act for the making and improving of Roads in South Australia," to be charged and received in respect of cattle impounded from off district roads or the waste lands of the Crown or other Crown lands within
the district.

88. The District Council may issue to any person residing in a district a Licence to keep a slaughterhouse for large or small cattle	Licence to keep
slaughterhouses.
or pigs at any place within the district, which is situate not less
than one mile from the boundary of the City of Adelaide; and every licensed person shall bc liable to all the rules, penalties, and disabili- ties, and shall do and perform all things which by an Ordinance passed in the fourth ycar of the reign of Her present Majesty, inti-
tuled An Act to regulate the slaughtering and prevent the stealing

24 39" & 40" VICTORIB, No. 43.

The District

Councils A c t. 1 8 7 6.

PART

of Cattle," any persons licensed thereunder are required to do, and

to which they are subject and liable.

Slaughtering licences

89. NO. licence to keep a slaughtrrhonsc within the limits of

any

t o be iasucd only by	District Council shall be granted cxcep L,	:l12 District Council of
District Council.
such district.
District Coumcih may

appoint Inspectors of

90. The District Council may exercise all the powers by the said the Peace for the appointment of an Inspector or Inspectors of Slaughterhouses or Brands; and any Inspector so appointed by the District 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 subject to all the duties and obligations to which a; Inspector appointEd under the said Ordinance is liable; and such Inspector shall also act as Inspector of Nuisances; and all returns, which by the said Ordinance are to be made by

Slaughterhouses and

last-mentioned ordinance conferred on the Governor and Justiccs of

Brands.

Inspectors, shall be made to &the

District Council.

lns~ectortobesubjec~ 9 1. The District Council appointing an Inspector shall be sub-

to orders of District

Council.

stituted for, and have within their district, all the powers and authorities by the said Ordinance, vested in, and to be exercised by thc Bench of Justices in a11 cases whatsoever; and when, by the said Ordinance, an Inspector is required to do any act, by direction of, or be subject to, the orders of a Bencir of Magistrates, or Bench of Justices, he shall do sach act by direction of, or be subject to, the orders of the District Council by whom he was appointed.

Information required

92. Whenever, by the said Ordinance, any notice or information

by 'laughtering Act

is required to be given to an Inspector, such notice or information, as

to be given to Xnspoc-

tor, to be given to

Chairman or Clerk of

to anything occurring within a district, shall be given to the Clerk or

counci,, if no Chairman of the District Council for the district, if no Inspect~r

has

Inspector appointed. becn appointed for the district, in the same manner as though an
Inspector had been appointed; and any person omitting to giro such

notice or infarmation to thc 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.

Hours for burning

stubble may be

93. Every District Coumlcil shall haw power to alter and vary from ti.me to time the hours within which fires may be lighted within the district for the burning of stubble, hay, or grass, and to fix other hours for such purpose than those fixed by The Bush Fires Act, 1864," or any Act amending the same; but any such alteration shall not have the force of law until public notice thereof shall have been given in the Government Gazette, and by affixing the same on the door of the District Council office for at least thirty days.

altered.

Weights and

94. The District Council shall have and exercise within their district the several powers and authorities which by the several

lINa8UFBB. .

Acts following, that is to say-An

Act, 6 Victoria, No. 13,

intituled

An Act for establishing standard weights and measures

in

39O rSt 40' VICTORIB, No. 43.

The District Councils Act.-1876.

in the Province of South Austritlia, and for the prevention of the	PART	V.
use of such as are false and deficient; An Ordinance, No. 7 of 1845, intituled An Ordinance to amend an Act for establishing standard weights and measures in the Province of South Australia, and for the prevention of the use of such as are false and deficient;" and an Ordinance, No. 16 of 1845, intitulcd "An Ordinance to regulate thc use of weighbridges and steelyards," are conferred upon the Governor or Justices of the Peace for the appointment of persons to examine balances, weights, and measures.

95. Recognizances required by the Acts or Ordinances aforesaid, ~;;;~~$;;;;~~

or any of them, may be takcn bcforc the Chairman, or any member, ,

o,,,mb,,

or the Clerk of the District Council, and all fees payable under any District

of the said -4cts or Ordinances to the Clerk of the Magistrates, shall,

for any act done by the District Council by virtue of the powers

hereby transferred to them, be paid to the District Council.

96. Every District Council may from time to time appoint and Co~ncils

may appoint

officers and take

remove such officers and servants and other persons as may be securitiee.

necessary for carrying out the purposes of this Act, and take any

security from or on behalf of any such officer or servant or other

person as they may think fit and sufficient for the due performance

of the duties of his office, and any person may hold two or morc

offices, but the office of ranger and poundkeeper shall not be held

by the same person.

PART

VI.

PAET vx.

CONSTABLES.

97. Every District Council may from time to time appoint and Council

constables.

may appoint

remove a constable or constablm, and every person so appointed shall, after being sworn a constable, be a peace officer of the said Province within the district, and have and exercise within the district during his tenure of office all the powers and privileges of a Privilcgesand duties

common constable of the Police Force of the said Province, and OhOnstab'ee.

shall be entitled to the same protection in the lawful execution of his duty as that to which a common constable of such Police Force is entitled, and shall, in addition thereto, exercise and possess all such powers and privileges and be liable to all such duties and respon- sibilities as any constable may exercise, possess, or be 'liable to by virtue of the common law.

be a ratepayer and an ablc-bodied man, between the ages of twenty- stables.

98. To qualify a person to be a constable under this Act he must Qualification of con-

one and fifty, and every person so qualified shall, except as herein-
after provided, be liable to serve as such constable.

99.

The following persons are exempt from serving as constables:

E x e m p ~ o ~

fromoffice

Members of the Legislative Council or House of Assembly; officers of constable. in the service of Her Majesty on full pay; persons in the pay of

the

$g0 & 40'

VICTORIB, No. 43.

The District Cauncils Act.-l 876.
the Government of the said Province; Justices of the Peace; Ministers of Religion authorized to solemnize Marriages; School- masters; Members of the District Council; Practitioners of the Supreme Court actually practising; duly quawed Medical 'Practitioners; Governors of- Gaols, Gaolers, and Keepers of Lunatic Asylums; Sheriff's Officers and Police Constables; any person who shall +be resident out of the district. Any person who shall have served in person or by substitute, or has paid any pcnrtlty inflicted upon him for refusing to serve, shall be exempt until every other person not exempted and able to serve and who shall be on the list hereinafter mentioned for the year of the service of the person so exempt, and of every ensuing year, shall have served in person or by substitute; but service as a substitute shall not be reckoned as service for the purpose of excmption.
List of persons

qualified to be con-

100. The Clcrk or Collector of cvcry District Council shall, on or before the first day of July next, and in every succeeding year, on or before the first day of July; make out a list in writing of persons liable to serve as district constables, with the names, rank, and calling, and place of residence of every person so liable.

'lerk toproduce list

of persons who are in	191. The Clerk of the District Council shall cause a list of all persons primarily liable under this Act, and who owe any arrears, to bc produced at every election or other meeting, but the non- production thcrcof shall not render the procecdin~s of thc meeting invalid.
arreltr.
Show of hands to be
taken.	192. At any meeting, other than an election meeting. the Chairman shall take a show of hands for every resolution an-d arncndmcnt touching the object of the meeting, ,ancl shall declare that proposition carried for whi&, in his opinion, the largest show of hands appears.
poll may be de-
mundcd.	193. After the Chairman shall have declared the result of a show of hands at any meeting, other than an election meeting, any three ratepayers may demand a 2011, whereupon the Chairman shall adjourn hrther proceedings until the next day, or any day not later than seven days from the c!ay of such meeting? when thc poll shall be taken. Such poll s l d l open at tcn o'clock in the forenoon, and close at four o'clock in the aftcrnoon, and shall be held at the same place at the said mecting: Provided that' in any case where there are not more than sex en ratepayers present, any one ratepayer may demand a poll.

Manner of voting.

194. Each voter, at any p011 meeting f o ~

other than election pur-

poses, shall vntc by giving to the Chairman or Clerk of the District Council, or officer authorized by the District Council, a, paper signed by the voter, containing a description of his qwalificatiorr to vote, and vhcn a scde of voting is allowed, the number of votes he is
e

proposition ior which he votes, and such Chairman, Clcrlr, or officer b'	entitled to vim, and a statement or reference to the particular
shall thereupon opcnly record such vote or votes in the poll-book,
and the voting paper shall be carefully preserved amongst the records
of the District Council and be open to public inspection at all reasonable times for three months.

Questions which may

be asked on produc-	L 95. Any person tendering x voting paper at such poll meeting, may be asked by the Chairman or Clerk of the District Council, or other officer authorized by the District Council, on the application
tion of voting paper.
of any ratepayer present at the meeting, the questions following, or
any of them, and no others-

I. Are you the person whose name is signed to the voting paper
now produced ?

11. [In case of n person claiming to vote as occupier] -

Are you

the appearing in the assessment book now in force for this district as the occupier of the property'mcntioned in
the

3g0 & 40'

VICTORTB, No. 48.

The District

Councils A c t. 1 8 7 6.

the voting paper now tendered by you, being [here describe	*ART
the properb?J1? Or, [in case of a person claiming to vote as owner]-Are you the person appearing in the assessment
book-now in force for this district as the owner of the pro- perty mentioned in the voting paper now tendered by you, being [here describe the property], and is such property unoccupied ?

any of the above questions which may bc put to him in the affirmative no person

And no person shall bc entitled to vote unless he shall answer zt;reg;~t$:

affirmative.

entitled to vote.

either on the same day, or not later than two o'cloclr in the after- poll.,

196. At the close of the poll, the Chairman shall fix n time, P r ~ c e e W ~ a f t ~ ~

noon on the following day, for declaring the result of the poll, and shall examine the poll book and cornpare the same with the voting papers, and the proposition for which thc largcst and requisite number or proportion of votes shall be recorded shall be carried; and in case of an equality of votcs for two or more propositions, when a simple majority is snfficicnt to carry a proposition, the Chairman shall decide by lot which is carried, and at the time appointed shall declare which proposition is carried.

PART XIV.
LEGAL PROCEI'PURE.

197. KO writ of quo warranto or information in the nature of a KO writ of quo war-

vas~to allowcd

try

gut, wnwailzto or other proceeding s l d l issuc, or be filed, or ha&, or tit10 to 3;ay oEoe.
taken in the Supreine Court, to try or question the title of any District Council, or thc title s f any person to %ct as Councillor, Chairman, or Auditor, or in any office or place in, or in the gift of,
a District Council.
n2a8dammt0 igsl"

198. No nzalzda?ms shall iQue from the Supreme Court to admit or restore to ofice, or to compel a District C o u l d to proceed to the to compci District

from Supreme Cow.t.

election or appointment of any Councillor, Chairman, Auditor, restore, Councfis or elect

&C. ballot, or to compel the production or delivery of any books, voting- papers, or other documcnte or papcrs, to the production or possession whereof any District Council or person may be elltitled under this Act,

officer, or other person to any office or place in, or in the gift of, a Councillor,

199. No assessment, rate, or loan, or notice thereof, or order for No assessment, rate,

declaring or making the same, or for making or allowing any altera- by ccrtiorcl-i to

or loan to be removed

tion thereof, or any proceedings in relation thereto, shall be removed S~~preme	Court-
by certiorari or otherwise to the Supreme Court.

200. The p~occcdings

for trying the title of a Councillor, Chair- Proceedings for trying

title of Councillor,

man, Auditor, offieer, or other person to his office or place, or

ofice to

trying the right of any person to be admitted or restored to any decidedby t ~ o r

more Juetices ia. a

sl-wh 8

way.

48 39" & 40' VICTORIB, No, 43.

Tile District Councils Act.-1

87 6,

-- -

PART

xrv,

such office or place, or to compel his restoration or admission, or to compel any District Council to proceed to any election or appoint- ment, or to try thc validity of any assessment, rate, or loan, or to compel the production or delivery of any books, voting-papers, or other documents or papers, to the production or possession whereof 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 Peace in a summary way.

Jurisdiction of

Justices.	201. The information may be laid at the instance of any District Council, or by any.ratepayer of the district or other person interested, and the Justices may make an order declaring any person not entitled to the office or place then possessed by him, and that such office or place is vacant, or that the informant is entitled to the said office or place, or command thc District Council to proceed to take the necessary steps for and hold any election, or make any appoint- ment, or to compel any person or persons to proceed to any ballot that may be necessary, or may make any order quashing any assess- ment, ratc, or loan, which for ar,y reason is invalid, or may make an t-rder to compel the production or delivery of any books, voting- papers, or documents by or tc any District Council, or officer thereof, to or by any person, but no order to admit or restore any person to any office or place shall be made whilst ally other person is in possession of such office or place.
Claims by District
Councils to moneys	202. All claims by or on the part of any District Council to any effects whatsoever, ~etained
officer may bo decided
not accounted for by	moneys, or to any vuuchers, receipts, papers, writings, property, and

or not duly awouxrtcd for by any Collec-

by Justices.
tor, or other office;. or person employed by the District Council, may be heard and determined by any two or more Justices of the Peace in a summary way.
On non-compliance

with order, Justices	203. On non-compliance with any order made by any Justices of interested, any two or more Justices of the Pcace may order any
may h 8 i c t punish-	the Peace, under the provisions hereof, on information laid at the
ment.	instance of any District Council, or bp any ratepayer or person
sum of money to be paid by or to any District Council, or officer
thereof, to or by any person, as compensation for any injury sus- tained by reason of the non-compliance with any such order, and may order any such person to be imprisoned, eithcr for a special time not exceeding six calcndar months, or until the order aforesaid is obeyed, and such imprisonment may bbc ordered in addition to or without any order for payment of money as aforesaid; and on non-compliance with any order commanding anything to be done by a District Council, any two or more Justices of the Peace may order the pay- mcnt of any sum of money by, or the imprisonment of, any person who would beforc the passing of this Act have been liable to attach- ment, or subject to process of contempt for disobedience to any peremptory writ of mandamus issued out of the S u ~ ~ ~ e r n e Court com- manding the District Council to do the act directed by such order.

39" & 40" VICTORIB, No. 43.	49
The District Councils Act.-1 876.

204. 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 Time within which

P*nT rrTr.

except upon an information laid within two calendar months from taken, proceedings may be
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, whichever shall last happen; and no proceedings to try the validity of any assessment, rate, or loan, shall be had or taken except upon an information laid within two calendar months from the time at which notice of the assessment, rate, or loan first appeared in the Government Gazette.

205. No order for the exchange of any water reserve or land shall *

o writ of tertioran

to remove order for
be removed into the Superne Court by writ of certiorari or otherwise, exchange ofwater

any

time

after

six

calendar

months from

the insertion in the ;; ~ ~ ~ ' f t " ' r ~ ~ d. & t

Government Gazette of	a noticc of	the confirmation of	the order by from c o b a t i o n.
the Governor.

206. All proceedings under the Act No 9 of 1853, intituled

An InformationunderAck

No. 9 of 1863 may be

Act to regulate the occupation of Crown Lands in South Australia,

laid hp Chairman,

in respect of matters arising within the limits of

any district which Clerk, or Ranger-

the District 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.
207. All fines and penalties for any offence against this Act, or Fines against provi-

any by-law of a District Council, may be recovered 'before any %WO raoovered before two

sions of Act may be

or more Justices of

the Peace in a summary way, on an information Justices,

at the instance of the District Council, or 6f aadyperson or persons

whatever.

appointed by, and shall be regulated under thc Ordinance No. 6 of regul,t,a by Juatices to he

208. The proceedings before Justices may be conducted as Proceedings before

le50, intituled " An Ordiname to facilitate the performance of the y; r K a

duties of Justices of the Peace, out of Sessions, with respect to

Summary Convictions and Orders."

209. I n every casc of the adjudication of'a fine or pecuniary On non-pa~ent.

penalty or amends under this Act, or (where the proceedings result- penalties, &G., Jutice	map	imprison.
ina in such adjudication are taken at the instance of a District ~ & c i l or any &;ly authorized officer thcrcof) under any of the Acts or Ordinances mentioned in the Schedule G to this Act, and of the non-payment of such fine or pecuniary penalty or amends, any Justice of thc Peace may comnlit the offender or person making default in payment to any gaol in the said Province for any time not exceeding three calendar months, the imprisonment to cease on pay- ment of the sum due and the costs of such proceedings as may have been taken for the recovery thereof; but this section shall not effect any remedy under the said Ordiname, No. 6 of 1850, or under any of the Acts or Ordinances mentioned in Schedule G to this Act for the recovery of any fine or any pecuniary penalty or amends.

G	210. There

80 3gQ & 40" VICTORIA$ No. 43.
District Councils A c t. 1 8 7 6.

PART XIV.

210. There shall be an appeal from any order of Justices of

the

Appeal to Local court Peace made under the provisions hereinbefore contained, or from

from order made bp Justices. any conviction bv Justices for any offence against this Act, or any	bylaw of a ~i 'strict Council, which appeal shall be to the Local
Court of Adelaide of Full Jurisdiction only, and the proceedings in such appeal shall 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 appeal as the Court shdl think fit, although such costs may exceed Ten Pounds.

Local Court of Ade-	21 1. I t shall be lawful for the Local Court of	Adelaide, upon the
laide may, on appeal,

state a case for	hearing of any appeal under the last preceding section, to state one
opinion of Supreme	or more special case or cases for the opinion of the Supreme Court,
Court.	and the Supreme Court shall hear x~zd decide such special case or cases, according to the practice of the Supreme Court on special cases; and the Supreme Court shall make such order as to the costs of any such special case as to the said Court shall appear just; and any one or more Justiccs of the Local Court of Adelaide, shall make an order in respect of the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any Judge thereof, which order of the Justices of the Peace or Local Court shall be enfmced in manner provided by this Act, for thc enforcement of orders of Justices of the Peace, and: save as herein provided, no order or proceeding of Justices, or of any Local Court made under the authority of this Act, shall be appealed against or removed by c;ertz'orari or otherwke into the Supreme Court of the said Province.
No o5cer to be sued

or prosecuted by

212. No Counci3lor shall be subject to be sued or prosecuted

reason of contract or

by any person wlromsoever, and the body, goods, or lauds of a

liability entered into

or incurred by the

Councillor shall uot be liable to any execution of any legal process by

Council.

reason of any contract or other instrument entered into by any District Council, or by reason of any other lawful act done by the District Council in the execution of any of their powers, and every

Councillor, 1;s heirs, executors, and administrators shall be indcm-

nified by the District Council for all payments made, or liability incurred, in respect of any act done by him, and of all losses, costs, and damages which he may incur in the Bond ficne execution of the powers granted to him by this or any other Act.

vency may be taken

Proceedings in inaol-

213. If any person against whom any Distl-ict Council shall have any claim or demand shall become insolvent under thc provisions of any Act or Ordinance relating to insolvents, the Clerk or other officer in that behalf appointed by the District Council in all proceedings against the estate of such insolvent, or under any adjudication or act of insolvency against such insolvent, may represent the District Council an2 act in their behalf in all respects, as if such claim or demand were the claim or demand of the Clerk or other officer in his own right.

by Clerk.

In indictment8 any

propert-. 40len from

214, I n any indictment to be preferred by any District Council

against

39" & 40" VICTORIZ, No. 43. The District Councils Act.-1 876.
against any person who shall steal or wilfully injure and in any PABT XIV. proceedings to be instituted in relation to any property or thing a nistrict council belonging to District Councils, or under their management, it shall
be suflicient to state generally the property or thing in respect of council.
which such irdictment shall be preferrcd, or proceeding instituted,
to be the property of such District Council.
215. Any summons, or notice, or writ, or other proceeding at s,,m,,, kc., may

law or in equity required to be served upon any District Council, :;;;",,",;;P,","	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 place of meeting, or by being given personally to the Clerk of such District Council, or in case there be no Clerk at such principal office or usual place of meeting, then by being given to any one Councillor, and every letter containing such summons, or notice, or writ, shall be registered.

216. Every order, summons, notice, or other document in any Order, &c,, tabs

proceedings in law or in equity requiring authentication by any Dis- tsgrk~	Chairman
trict Council, shall be sufficiently authenticated if signed by the Chairman or by the Clerk of the District Council, and the same may
be in writing or in print, or partly in writing and partly in print.

217. All prosecutions for the recovery or infliction of

pecuniary

~ ~ t i o ~ c o m m e e n c e d

penalties and all actions to be commenced against any Councillor against~ouncillo~,

' &C., must be com-

Chairman, officer, or person for anything done or omitted to mencodwithinthree
be done in pursuance of this Act, shall be commenccd .within ~ ~ ~ ~ ~ ~, "; @ ~
three calendar months after the happening of the cause of begivea.
prosecution or action, and not otherwise, except as hereinbefore
to the contrary providcd; arid notice in writing of such action and
of the cause thereof shall be given to thc defendant one calendar
month at least before the commencement of the action, and the defendant in any such action may plead the general issue and give this Act and thc special matter in evidence at any trial; and the

plaintiff should not recover in such action if tender of sufficicnt

amends shall be made before action brought, or if after 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 payment into Court, and if a verdict shall pass for the defendant, or the plaintiff become nonsuit, or discon- tinue, or the defendant otherwise recover judgment, he shall recover full costs as between attorney and client, and hnve his rcmedy for

the same h

the usual way.

In the name and on behalf of Her Majesty, I hereby
assent to this Bill.
A. MUSGBAVE, Governor.

SCHEDULES

39" & 40" VICTORIE, No. 43.
Tlce District Councils Act-1 876.
SCHEDULES REFERRED TO.
A,

Acts

Repealed.

Reference to

Title of Act.

Extent of

Act.

Repeal.

" District Councils Act, 1858"

..................................

The whole

An Act to amend the

District Co~~acils

Act, 1868," by the repeal of

the 117th, 118th, and 119th rlr4uses thereof.

...................

The whole

" Thc District Councils Act, 1867"

..............................

The whole

An Act further to amend tho Act No. 10 of

1858, htituiled " An Act to

consolidate and amend the Laws relating to District Councils

....

The whole

B.

District Council of

.-Annual

Election of Councillors and Auda't'ors

for the year ending 1st July, 18

m as the case m a y be].

Ward [z;f any].

name, residence, and

and number o f property ifi the

[insert the h i e ), hereby second -ET.,

two, the like also for thc second candidate] as

this District [or Ward, as the case
Signature of A.B. 6iinature of C.D.
J, A.B. of [insest ~s above) hereby propose, and I, C.D., of [insert as above I

hereby second E.F., of [insert as above]. [If

two, the like also dfor the second candi-

date] as fit and proper to be the [or one of' the] Ilistrict Auditors.	Signature of A.B.
Signature of CD.

C.

Agreement for

Exchange of

Water Reserve or Land,

District of

An agreement, madc pursuant to "

the District Councils Act, 1876," between the

District Council of

of the one part, and [owner of land to be

taken in exchange] of

[and

(occupier, if

any other than the owner) of

1 of the other part.

WIEEREAS

the

is the owner [or, the owner or occupier] [and the

said is the occupier] of a piece of land within the said district
[here describe the land to he taken in eachange], and it ie considered expedient that the
'water reserve or piece of land [or part of a water reserve] situate within the said district [here describe the reserve, or part, or land to be exchanged] should be exchanged for the land first above described: It is hereby agreed between the said

part~es

that such exchange shall be made [and that the said

shall

pay to the said

the sum of

for equality of exchange].

Dated the

day of

D.
39" & 40"' VICTORIIZE, No. 43.

The District

Cowncils A c t. 1 8 7 6.

D,
Order for Exchange of Water Reserve or Land.
District of

WHEEEAS

we, the District Council of

, deeming it

expedient to exchange the piece of land containing, bcing [part of] [the water reserve], situate [here descrihe the piece of land generally], and within the said district, for another piece of land containing [here describe same], and situate within the said district, have, pursuant to "The District Councils Act, 1876," entered into an agreemeht for such exchange with the [reputed] owner, and the occupier of the last-mentioned land, and have caused
a survey map and plan containing the exact dimensions and position of the said
pieces of land to be deposited in the Surveyor-General's office: And whcrcas
we have caused a notice to be inserted in the Government Gazette of the
day of, 18 , stating our intention to make the 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 given us by (names of olijectors) of (state how many) objections to the said exchange] a meeting of us, the said District Council, was held after the expiration of forty days and within sixty days from the first publication of the said Gazette notice, that is to say, on the

day of

, 18

, a t

in the

said Province, being the time and place appointed in the said Gazette notice, at which meeting we considered the said proposed exchange, and the said objections. and de- termined to make the order hereinafter contained: Now, therefore, in pursuance of

the provisions of the said Act, WC,

thc said District Council of

do hereby order that the said piece of land first above described shall be exchanged with the said [owner] for the said piece of land secondly above described, in manner set forth in the said Gazette notice.

Dated the

day of

18.

E*
Notice of Con&mation of Ordervfor Exchange of Water Reserve or Land.

IXutrict of

NOTICE

is hereby givea, that the District Council of

did,

on the day of, 18 , cause to be published a notice, intimating their intention to exchange a water reserve [or, part of a water reserve, or the piece of land] situate Ldescrihe generally the situation of the reserve of land, ,yiving general cEescr+tion of the piece to be taken in exchanye]; and the District Council, by an order of the day of ,918 3 having ordered the exchange to take place in manner stated in the notice, His Excellency the Governor has been pleased to corifirm the order, and to direct that

the Commissioner of Crown Lands shall issue certificates of title to the persons

entitled respectively to the lands mentioned in such order.

Dated-

Crown Solicitor.

Receipt for Money Paid for Equality of Exchange of Water Reserve or Land (where
endorsed on the uyreement).
District of

W E

[or l ],

the within-named

, do hereby acknowledge

to have received from the within-named

the sum of

,	being the amount within agrced to be paid by

to	for equality of exchange.

Dated the

day of

l 8

[The like, where not endorsed.]
District of

WHEREAB

by an agreement, dated the

day of

18,	and made pursuant to "The District Councils Act, 1876," between the District

Council, &C.,

[recite the agreement for ezchanye], and the sum of

thE

39" & 40" VICTORIB, No. 43.
The District Councils Act .1876.
the amount of the said agreement agreed to be paid for equality of exchange, having been paid to by, I [or we], the

said	, do hereby acknowledge to have received the same.

Dated the

day of

, 18

PI?,

CertiJicate of Title by Conzmissioner of

Crown Lands under Order for Bzchange of

Water Beserves or Land.

South Australia, Register Book, Vol.

, Folio

1, Commissioner of Crown Lands of the said Province, pursuant to the direction of His Excellency the Governor, published in the Government Gazette of the

day of

in confirming m order for exchange of

made by

herein referred to, dated the

day of

do hereby certify

that	is [or are] now seized of an estate in fee simple in that

FFE".
Certz)%ate of Title of Commissioner of Cvown Lands for Water Reserves, under
District Counrils Act, 1876.

South Australia, Register Book, Vol.

, Folio

I	, Commissioner of Crown Lands of the said Province,

pursuant to section 77 in the Distrkt Councils Act, 1876, do hereby certily that
i d [or are] now seized of an estate in fee simple in
that
G.

Acts-the

Penalties for Ofencss against, and Fees and Moneys received under which,

are to be paid to District Councils.

Referenoe ta Aot.

Title of Act.

-

4 Vict., No. 6 (1840)

An Act to regulate the Slaughtering, and prevent the Stealing, of Cattle.

2 of 1844

Au Ordinmce to authorize the levying of Fees on the Slanghtering of Cattle

in South Australia.

6Vict., No. 13	(1843)	An Act for establishing Standard Weights and Measures in the Province of South Australia, and for the prevention of the use of such as are false md deficient.
An Ordinance to amend "An Act for establishing Standwd Weights and

Measures in the Province of

South Australia, and for the prevention

of the use of such as arc false and deficient.

An Ordinance to regulate the use of Weighbridges and Steelyardu.

An Ordinance to impose Pendties on persons injuring or endangering the

property of others by wilful or negligent Burning of Stubble or other

produce.
An Act for the making and improving of %ads in South Australia.
Eoads Amendment Act, 1863.
The Eoads Act, 1865-6.
A n Act to rendate the Occupation of Crown Lands in south Australia.
The lrnpoun&ng Act of 186g.

b	Act to regulate the bale of certsin Poiao~ls.

An Act for the regulation of Cemeteries.
The Thistle and Bur Act of 1862.
The Bush Fires Act, 1864.

An Act to amend

The Bush Fires Act. 1864."

~ h e b o ~

Act, 1867.

The Width of Tires Act of 1867.

(As to one moiety only).

An A d to amend the

Width of Tires Act of 1867" (excepting as regards

penalties, fees, and moneys received in respect of offences committed

on any main road

(As to one moiety only).

An Act to provide for t e carrying of Lights by Vehicles at Night.

(As to

one moiety only).
The Forest Trees Act, 1873.
An but to regulate the use of Guns and Firearms in certain cases.
The Rabbit Destruction Act, 1875 (m far arr regards genalties and fees

which by such last-named Act are directed or authorized to be p	d	to
or received by District Councils).

39" & 40" VICTORIB, No. 43.
The District Councils Act,-187'6.
-/

District Council qf

.-Assessmelzt

Book for the Year ending June 30th, 18

Description of ratcable property-
whether arable, pasture, Or

I .".

l Hame

occupi e,..

Same of Omer or

Nos. of
Area in
Sections Acrcs.
scrub land ; and alao what buildings
Agent.
I
1

(if any)

thereon.

Assessment Book-(continued).

Rate, at

Situation.

Annual Value.

Amcars.

When paid.

Remarks.

i,,

l,ound.

- - - - - - - - - -___-

cE.

);

Notice of

Appeal from Assessrrzent.

, 187

Sir-You

are requcstcd to take notice that I appeal to the [here state to the

District Council, or Local Court of Pull Jurisdiction, at

as the case may be]

against the assessment of my property, Section

, Assessment No.

[Ward], on the following grounds [here setforth grounds of

appeal].

I am, Sir. your obedient scrvant,

To the [Clerk of the District Council ~f

o r to the Clerk of the District Council of

and to the Clerlr of the Local Cmrt of

/as the case may be),

J.

Notice of

Appeal front t h c L)ccision of

the Bistrht Council.

, 187

To the Clerk of the District Council of

and to Mr.

the Clerk of the Local Court of

TAKE notice that it is my intention to appeal to the Local Court of Full Jurisdiction, at

from thc decision of the District Council on my

appeal thereto against the assessment of my property, Section

, Assessment

No.

, on the following grounds [Acre set forth groum-Zs of

u p p a l ].

I am, Sir, your obedient servant,

District Council of

NOTICE

is hereby given that there ia now due, in rqcct

of the land [or lands,

as the rase m a y bc] mentioned in the Schedule hereto, the sum [or respective sums] set opposite to the description of such land [or lands] in the Schedule, for a rate [or rates] made [or declared1 by thc District Council of

for the year

[or years] ending as in the said Schedule mentioned; and the owner [or owners

the first publication of this notice, the said Uistrict Council will let the same from

so due, togcther with costs of and attending this notice, bc paid in onc year from of such land [or lands] are required to take notice that unless the amount [or amounts 3

p a r

39" & &40" VICTORIB, No, 43.

The District

Councils A c t. 1 8 7 6.

year to yearzin manner provided by " The District Councils Act, 1876," or an appli- cation will be made by the said District Council to the Supreme Court in Equity for an order for the sale of the said land [or lands1 or so much thereof as may be necessary to produce the rotes so due and costs as aforesaid, and also the costs of and attending the said application.

Dated this

day of

, 18.

, Chairman [or Clerk].

!l%

Schedule.

Description of land-

Name of owner, or reputed Number of year8

Datc of ending of last

Amount of

1x1 arrear.

'Itates.

Notice of Assessment.
District of

NOTICE

is hereby given, that the District Council of

have

caused lo be made an assessment of all rateable property within the above District, with the names of the owners and occupiers, so far as known, of such property; and that copies of the assessment havc been made, and that such copies are deposited at
[here state zuhere the copies zcre d ~ o s i t e r l ], and are open for inspection at all reasonable
times: and any person intending to appeal against the assessment may do so, by noticc, as rcquired by The District Councils Act, 1876," within ten days from the publication of this notice in the Government Gazette.

Dated the

day of

(Sigfied)

A.B., Chairman [or Clerk.]

M.
Notice of Rate.

NOTICE

is hereby given, that at a meeting of the District Council of

duly held cm the

day of

, l8

a rate was

declared of in the pound upon the assessment for the District, and all persons liable are required to pay the amount of the rate according to the assess-

ment to the Clerk [Collector? or other oj'icer], at

Dated the

day of

, 18

<Signed)

A.B., Chairman Lor Clerk].

Notice of Special Rate.
District of

NOTICE

is hereby given, that a.t a public meeting of the ratepayers of the above-

named. district, duly held on the

day of

, 18

,	it was resolved to consent to a special rate of

in the pound upon the assessment of the said District? and that such rate should remain in force for the period of fifteen years, [or as the cuss may he] from the making thereof, or until the repayment of the loan by the said meeting authorized to be raised;

and at a meeting of the District Council of

duly held on the

, day of

, 18,

a special rate was accordingly declared of

in the pound upon the said assessment; and all persons liable on the assessment for such District for the current year are hereby required to pay the amount of such rate, according to the assessment, to the Clerk, Collector, or other officer or assignee, of such rates / a s the case may he), at

Dated the

day of

(Signed)

A.B., Chairman [or Clerk or Assignee of the Rate].

Adelaide : By authority, W. C. CO%, Government Printer, North-ternroe.