Fire Brigade Act 1862 (SA)

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ANNO VICESIMO QUINTO ET VICESIMO SEXTO

A.D. 1862.

No. 6.

An Act to provide for the a99ointment of n Superintelzdent of Fire

Brigades, alzd for other purposes therein mentioned.

[Assented to, 21st October, 1862.1

REAS great loss and destruction of property arc occasioned Preamble.

W E the existing arrangements for extinguishing such fires, and for main- within the City of Adclaide by means of fires: And. whereag

taining order at the same, and for preventin5 the spread thcreof, are

imperfect and ineffective: And whereas certaln companies established within the Province of South Australia for the insurance of property against loss or damage by fire, have proposed to provide for the organization of fire brigades, and to pay thc salary of a Superinten- dent of Fire Brigades, to bc appointed by the Governor: And whereas it is expedient to authorize the appointment of such Superintendent of Fire Brigades and to confer upon him the powers hereinafter mentioned: Be it thercfore Enacted by the Governor- in-Chief of the Province of South Australia, with tlie advice and con- sent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows :-

1. It shall be lavful for the Governor, with the advice and consent Governor may appoint

of the Executive Council, to appoint as Superintendent of Fire

Superintendent ofFiro

Brigades, such fit and proper person as may be for that purpose nominated by the majority of the companies in the City of Adelaide insuring property against loss or damage by fire, or of the agents of such companies, and from to time to remove such Superintendent of Fire Brigades and to appoint another person nominated as aforesaid

h his place: Provided that no such appointment shall be made provito,

K

unless

unless it shall be shown to the satisfaction of the Governor that

sufficient provision has been made by the said companies, or some of them, for the payment by them of thc salary of such Superintendent

so long as he shall remain in office.

Police to maintah

2. The Inspector of Police, or some other officer or nonwcom- missioned officer in command of the police on duty, shall at any fires which may occur within the City of Adelaide, muster a suffi- cient number of men and proceed at once to such fire for the maintenance of order and for the preservation of life and property

order at fires,

at or near to such firc.

control and manage-

3. The Superintendent of Pire Brigades shall have the command

merit offire

of all firc brigades and engines, and all the appurtenances thereof

shall also bc under his control and management; and he shall also

be authorized at all times to call out such fire brigades to any fire which may occur within the City of Adelaide or vicinity, or for the purpose of exercise.

pull down, &C.,

Bu~erintendentmk~

4. I t shall be lawful for the Superintendent of Fire Brigades, in the event of any fire occurring within the limits aforesaid, to pull down and remove, or to cause to bc pulled down or removed, any buildings near or adjacent to such fire, whic:h it may in his judgment be requisite and necessary to pull down or remove in order to nrevent such fire fmm communicating to other buildings

builrzin~.

Proviso.

in the neighborhood thereof: Provided that nothing herein contained shall deprive the owner or occupier of any buildings so pulled down

or removed of his right to sue for any damage which hc may be entitled to recover in consequence of the pulling down or removal of aay buildings under the authority of such Superintendent.

Remuneration for

5, In case any fire shall occur in any house, building, or prcrnises

attendance of h e

how oonld- within the limits aforesaid, and any fire brigade shall attend at such

buted and recovered.

fire, the Superintendent of Fire Brigades shall be entitled to recover from the owner, occupier, and insurer of such house, building, or premises, and from the owner, occupier, and insurer of any neigh-

risk of fire, by such brigade, or at which the services of the brigade

boring house, building, or premises as may have been protected from

were rendered, the expenses incurred by the brigade at such fire; each owner, occupier, and insurer, coritributing towards such expenses,

in proportion to the value of the respective properties so protected,

or sought to be protected, and such expenses may be recovered by

and in the name of the Superintendent aforesaid, in the Local Court

of Adelaide.

In the name and on behalf of the Queen I hereby assent to

this Act.

D. DAILY, Governor.

'Ad&&

: &Bed

by authority, by W. C. Cox, Government Printer, Victoria-square.

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