District Councils Act 1883 (SA)

ANNO QUADRAGESIMO SEXTO ET QUADRAGESIMO

SEPTIMO

VICTORIA3 REGINE.

No. 293.

An Act to amend ( 'The District Councils Act, 1876," and

'' The District Councils Amendment Act, 1882."

[Assented to, February 28th, 18841.

W HEREAS it is desirable to amend " The District Councils Act, Preamble. 1876," and " The District Councils Amendment Act, l882 "-Be

it Enacted by the Governor of the Province of South Australia,

with the advice and consent of the Legislative Council and House

of Assembly of the said province, in this present Parliament assem-

bled, as follows:

changed or agreed to exchange such water or other reserves, or other land, or any part thereof, in accordance with the said Act, for lands to be taken in exchange, and wherever any District Council, in accordance with section 61 of the said Act, shall have purchased or accepted or agreed to purchase or accept any convey- ance or assignment of any lands, tenements, or hereditaments for any purpose in the said section referred to, subject to any trust to be fulfilled by such District Council, and such District Council have, in accordance with the said Act, and before the passing of

1. This Act may be called '' The District Councils Further short Title.

Amendment Act, 1883."

2, Wherever, under " The District Councils Act, 1876," the Where District Coum cil havo conveyed, by

Governor, with the advice of the Executive Council, shall, by ,,, of ,,ban,,,,

Proclamation, have placed under the care, control, or management lands subject to tmt,

of any District Council any water or other reserve, or any land, so f rom the trust if they are exonerated

that the same has become vested in the District Council upon any inapplicable to the bnds taken in

trusts or under any conditions, and the District Council have ex- exchange.

46" & 47' VICTORIK, NO. 293.

The District Councils Further Amendment RC t. 1 8 8 3 - 4.

of this Act, exchanged or agreed to exchange such lands, tenements,

and hereditaments, or any part thereof, for other lands, tenements,

or hereditaments, then, in either of such cases, such tvatcr re-

serves, lands, tenements, or hmcditaments so exchanged by the Council are hereby discharged and freed from the trusts and con- ditions on which the cases were vested in or held by the Council, and if the trusts and conditions are not, in thc opinion of the Commissioner of Crown Lands, applicable to the premises taken

in exchange, and cannot be fulfilled and observed by the District

Council after such exchange, the District Council and the lands, tenements, and hereditaments so taken by them in exchange, shall, from the date thereof, be exonerated from the trusts ancl conditions affecting the premises so given in exchange.

Where District

Council in future 3, Whcrcver, after the passing of this Act, the Govcmor, under

by way of The District Councils Act, 1876," with the advice of the Executive

subject to a trust, the Council, shall, by Proclamation, place under the care, control, or

exchange, lands

land4 taken are to be	management of any District Council any wntcr or other reserve, or
subject the like	any land, so that the same shall become vested in the District

trust.

Council upon any trusts, or under m y conditions, and thc District Council shall exchange such water reserves or othcr land in accord- ance with the said Act for lands to be taken in exchange, and whenever any District Council, in accordance with section 61 of the said Act shall purchase, or accept any conveyance or assignment of any lands, tenements, or heretlitsments for any purpose in the said section referred to, subject to any trust to be fulfilled bv the said District Council, and such District Council shall, in accontjnce with the said Act, exchange such lands, tenements and hercditaments, or any part thcrcof fbr other lands, tenerneuts, or hercditaments, then, in either of such cases, the premises so given in eschnngc shall be con- veyed or transferred, discharged of such trusts and conditions, and the premises so taken i11 exchange shall be convcycd or transferred to

the District Council, subject to such trusts a d conditions, and the	same shall be expressed in thc! conveyance, and, in cnsc of transfer
undcr the Real Property Acts, by an indcycnderlt instrument deposited in the Lands 'I'itlcs Office, and the District Council shall thenceforth hold the premises subject to such trusts and conditions.

m e r e trust not

applicable Commis- 4. Where the trusts and conditions are wholly or in part in-

sioner may exonerate	applicable to the premises taken in exchange as in the last preceding
District C O U ~ C S	section mentioned, and are wholly or in p u t incapable of being
therefrom.
fulfilled and obscrvcd by the District Council after the exchange, W
the Commissioner of ~ r o w n Lands may, by rnernovandnm or
endorsement upon the transfer or conveyance to the L)istrict Council of the premises taken in exchange, expressly discharge such pernises from the trusts and conditions, and tlicreupon the premises and the District Council shall be discharged accordingly.
Agreement of ex-

change to state how 5. Every agreement made by n District Council after the passing

far t r ~ ~ t s are to affect of this Act for exchanging any such reserve or other land as afore-

lands proposed to be said shall state, in addition to the particubrs required by ~ c h e d d e

taken in exchange. C

46" & 47' VICTORIfi, NO. 293.

The District Councils Further Amendment A c t. 1 8 8 3 - 4.

- -

C of " The District Councils Act, 1876," whether, and to what extent, i t is proposed to take the convcyance or transfer of the lands to be taken in exchange subject to the trusts and conclitions upon which the reserve or other lands to be given in exchange have been held.

6, Notwithstanding anything contained in	The District Councils	auditors need not he
c o u n c a ~ r s or

Act. 1876." it shall not be necessary for the councillors or ,,sjde,t,.

auditors appointed under that Act to be iesidcnt within the district;

but no person resident outside the boundaries of any district shall

be elected without his written conscnt.

7, The notice of the making of every assessment and of every Noticesrenuiredb~ section 4 of Act 244 of

alteration therein, required by section 4 of "The District C'ouncils 1882 be whollv

Amendment Act, '1882," to be ~ i v e n, may be in print or in writing, ~ 2 % ~ witten dr

or partly in print and partly in writing, and this clause shall be retrospective: Provided always that any ratcpaper may appeal against the asscssmcnt within twenty-one days from the passing of this Act in any case in which notice as aforesaid shall have heen given in writing on any ground on which he had the sight of appealing on receipt of such notice other than the irregularity of such notice.

8, Any person or persons appearing in the assessment book of ~ ~ ~ ~ ~ $ ' s ~ ~ f ~ ~

any District Council as the owner or owners of any ratable property, of sale given. property is situate: Provided that nothing in this clause shall prejudice any other remedy for the recovery of auch rates to which the Council are entitled unclcr the laws now in force.

shall remain and continue liable for all rates now or hereafter to

become due in respect thereof, notwithstanding any sale, transfer, or

conveyance thereof, unless and until he or they shall give notice in

writing or print of such sale, transfer, or conveyance to the Clerk or

9, Schcdulc L of The District Councils Act, 1876," is hereby ;~","d?$@~$~

amended by striking out thc words " tcn days" and inserting the District councils Act, 1876.

words " twenty-one days."

10. The District Council may let to the owner or occupicr of let,,mpmv,rOa(~, District Council may

land on one or both sides of any nnimproved district road, or allow to adjoining owners.

such owner or occupicr the use and bccupation of the surface of

such road, and the grass growing thereon, upon such terms as they

may think fit, and may permit such road to be enclosed mith other

land by the election of fences, mith gates on hinges, across such

road: Provided that no such letting or licence to use and occupy

as aforesaid shall be for a longer period than twelve months a t any	Not exceeding twelve
one tirnr, but such letting or licence may be rencwcd for a like or
any less period as often as the Council may see fit, and may be

determined at any time by giving to such owner or occupier three Mas. bc dctrrmined at any time by three

months' previous notice in writing of such dctcrmination: Yrovided notice.

also that, beyond the erection of such fences and gates as aforesaid, nothing herein contained shall entitle any such owner or occupier to

prevent

46" & 47' VICTORIE, NO. 293.

The District Councils Further Amendment Act.1883-4.

Not to prevent free

use of road by the	prevent the free use of such road by the public in all respects as if
public.	the same werc unenclosed.

Destroying, Cc., 11. Whoever shall wilfully or maliciously cut, break, level, pull

fences or gates.	up, unhinge, or in anywise remove, damage, or destroy any fence or gate, or any portion thereof, erected across any such road as in the last preceding section mentioned, shall, on conviction thereof before a Special Magistrate or two Justices of the Peace, for the first offence forfeit and pay over and above the amount of the injury done such sum of money not exceeding Five Pounds as to the said Specid
Second offence.	Magistrate or Justices shall seem meet: And whosoever having been convicted of any such offence shall afterwards commit any of the said offences in this section before mentioned shall beliable to be imprisoned for any term not exceeding six months with hard labor as the convicting Special Magistrate or Justices shall think fit.
Papents to Fire
Bngades Board.	12. Upon the establishment of any Local Fire Brigades Board under the " Fire Brigades Act, 1882," or any Act now or hereafter to be passed or passed contcrnporaneously with this Act, repealing or amending the said a Fire Brigades Act, 1882," the District Council shall, out of the funds of such Council, pay to the Fire Brigades Board in quarterly payments, on the first days of January, April, July, and October in each year, a sum of money, being one-sixth of the sum laid out by the Fire Brigades Board in respect of the objects of the said Acts within the limits of such District Council, but so that the total contribution for each year shall not exceed
Five Hundred Pounds.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WILLLAM C. F. ROBINSON, Governor.

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pp

Adelde : By authority, E. S P I L ~ B, Government Printer, North-terrace