Land Value Assessment Act 1893 (SA)

ANNO QUIKQUAGESIMO SEXTO ET QUINQUAGESIMO

SEPTIMO

No. 573,

An Act to amend "The District Councils Act, 1887" and " The Municipal Corporations Act, 1890," and to provide for Assessments by Municipal Corpora- tions on Land Values and for Rates on such Assessments, and for other purposes.

[Assmted to, December 23 vd, 1893.1

E it Enacted by the Governor of the Province of South Aus- &d House of Assembly of the said province? in this present Parlia-	B tralia, with the advice and consent of the Legislative Council
meu t assembled, as follows:

1, 'L'his Act may be cited as “The hid Value Assessment Act, Short title and

1893," and shall, so far ns practicable, bc rcad as onc Act with i n c o ~ * t i o n ~

'' The Municipal Corporations Act, 1890," i11 so far :W it relates to Mlmicipalities or Municipal Corporations; and as onc Act with "The l)istrict Councils Act, 1887," in so far as it relatc~s to Districts or District Councils.

PART I. PAXT I.

AMEN IIMENT 0 F DISTRICT COUNCIT,S ACT.

2, That part of section 156 of '' The District Councils Act, Repeal of part section 166 of The Distri;:

1887," consisting of the words "and no special rate shall be declared Councils

18R1,

without the consent of a majority of the ratepayers present at a

meeting called for considering the question," is hereby repealed.

A-573 3. No

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me Land Value Assessment Act.-1 893. W - - - -P - - -

PART I, 3. No special rate shall be dcclared under section 156 of " The

NO special rate

without consent of	District Councils Act, 1887," without the consent of the ratepayers,
ratepayers.	to be obtained at a meeting of ratepayers to bc called by the Council. At, every such meeting the chairman shall, in the usual way, take a show of hands for every proposition and amendment touching the object of the meeting, and shall declare that proposition carried for which, in his opinion, the largest show of hands appears.
Ratepayers may

demand poll. 4. Immediately after the chairman shall have declared the

rcsult of the show of hands at any such meeting he shall publicly

Poll may be taken.	inquire from the meeting whether any ratepayers demand a poll, and thereupon any six ratepayers of the District may demand a poll by giving notice in writing of such demand to the chairman of the meeting, and such chairman shall thereupon appoint a day, not later than eight days thereafter, to take a poll of the ratepayers on the subject.
Number of votes
regulated by amount	5. At polls to consent to a rate, each ratepayer entitled to vote may vote on a scale according to the amount of annual value of the property, or properties, if more than one, and whether situate
of assessment.
in one or several wards, in respect of which he is assessed, as
under:-Twenty-five Pounds or under, one vote; from Twenty- five Pounds to Thirty-five Pounds, two votes; from Thirty-five Pounds to Forty-five Pounds, three votes; from Forty-five Pounds to Fifty-five Pounds, four votes; from Fifty-five Pounds to Sixty- five Pounds, five votes; and from Sixty-five Pounds upwards, six votes; but no person shdl have inore than six votes.
General provieione for

voting at ratepayers' 6. Except where otherwise provided, every poll of ratepayers

POUS. shall be taken by ballot-

I. The Cour~cil shall appoint a Returning Officer, who shall,

mutatis mutandis, have all the powers conferred by " The District Councils Act, 1887," or " The Ballot Act, 1862," on a Rcturning Officer in case of an election, including

the power to appoint deputies, and shall preside at the

taking of the poll:

1 1. The Council may appoint one or more polling-places for any poll, or a polling-place in each ward. The taking of the poll shall commence a t eight o'clock in the forenoon, and shall continue until all the voters present in the polling-booth at seven o'clock in the afternoon shall have had an oppor- tunity of voting, and shall then close:

t l r. One scrutineer, to be present at the voting at each polling- place, shall bc appointed by the Council, and the persons demanding the poll may, by writing under their hands, or the hands of any three of them, appoint one scrutineer to be so present:

N.' At evcry poll the Returning Officer, if it shall appear to

him expedient, may cause booths to be erected, or rooms

to

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The Land V%ue Assessment Act.--1893.

to be hired and used as booths, s t the several polling-	PAET I.
places of the District; and the same shall be so divided,
ancl allotted into compartments as to the ~ e t u r n i n g
Officer may seem most convenient, and the Returning Officer shall, before the day fixed for taking the votes, cause to be furnished for use at each polling-place a copy
of that portion of the assessment-book which contains the
names of the persons entitled to vote a t such polling.. place, and shall, under his hand, certify such copy to be a true copy:

v. In case of joint tenancy or tenancy in common one person only shall vote, unless the asscssed value of the property shall ex- ceed Seventy-five Pounds, and then one other joint tenant, or tenant in common, may vote for each additional Seventy- five Pounds, or for any fractional part of Seventy-five Pounds, of assessed value, and at polls to consent to a rate on the same scale as is allowed for the first Seventy-

five Pounds, or fractional part thereof, and joint tenants,

or tenants in common entitled, may vote in the order in which they shall tender. their votes, until votes shall have been taken for thc whole asscssed value, or all the joint tenants, or tenants in common, shall have voted:

vr. Except as otherwise specially provided, no person shall have more than one vote:

vrr. Every person cntitled to vote shall prcsent himself to the Returning Officer, or his lleputy, at the polling-place where such person claims to vote, and state his christian and surname, abode, profession, or occupation, the nature of his quslification, and the place where the property cons titating his qualification is situate. The Returning Officer, or Deputy, shall thereupon place a mark against

voter a voting-pap~r for every vote to which hc shall be	the voter's name on the copynsscesn~er~t-book, and hand such
entitled, which voting-paper shall bear the initials of the Returning OAiccr, 01- Deputy, and a statement of, or refer- ence to, the particular proposition in rdspcct of which thc votes are given, and, underneath, such statement or refer- ence shall contain on separate lines, the following sentences, that is to say-

'' I ol~ject to thc nhnve proposition ":

And shall have a square printed opposite cacll such sentence, and nothing else shall bc inserted i n or placed on such voting-yaper:

vlrr. There shall be provide:l one or more separate: apartments or

places forming part of the polling-booth, in to which the

voter shall, on receiving his voting-papcr or papers, im-

mediately

56' & 57' VICTORIW, No. 573.

The Land Vizlue Assessment Act.--1893.

mediately retire, and there alone and in private, without interruption, indicate his vote or votes by making a cross within one of the squares on his voting-paper. or on each of his voting-papers, as the case may be, and shall then fold the paper or papers and imrncdiatcly deliver it or them so folded tro the Returning Officer, or his Deputy, who shall forthwith publicly, and without opening the same, deposit it or them in n Fox to be provided for that purpose; and no voting-paper so deposited in any box shall on any account be taken thcrcfrom unless in the presence of the scrutineers after the close of the poll. S o voting-paper shall be received unless it be so foltlccl as to render it impossible for thc-

Returning Officer, his Deputy, or any other perso2 to see whether the Tote is given for or against the proposition:

IX. Any voter wilfully infringing any of the provisions of this section, or obstructing the voting by any unnecessary delay in performing any act within the said polling booth or room, shall be guilty of a misdemeanor:

X. Any voter may signify to the Returning Officer or his Deputy that, by reason of blindncss or defective eyesight, he is

unable to vote without assistance, and thereupon such

Officer, or Deputy, if satisfied ot such inability, shall pcr-

mit any agent. named hy the voter to accompany him into

.

the atprtment or place for voting to mark the voting-payer

on such voter's bchalf, and shall receive the paper from

the agent and deposit it in the ballot-box:

xi. The only person who shall be allowed to remain in the poll- ing booth or room shall be the person about to vote, the Returning Officers, the Deputy Returning Officers, and

the scrutirleers:

xlr. No inquiry shall be permitted at any pol l as to the right of

any person to vote, except as follows, that is to say :-The

Returning. Officcr, or his Deputy, may, or if required by any scrut~neer shall, put to a n y person applying for a .voting-paper at thc time of his so applying, but not afterwards, the following questions, 01. any of them, and no other-

(1) Are you the person whose name appears as

and as the owner (or occupicr) of the property set opposite your name in the assessment-book now in force for this District ?

(2) Have you already voted at the present poll?

(3) Are you the owneP(within the meaning of the District Councils Act), or' the lessee, OF tenant of the property for which you now claim to vote?

And no person shall be entitled to vote unless his answer

to the first and third questions, or such of them as shall be

put

56" 8r 57' VICTORIW, No. 573.

The Land PTalue Assessment A c t. 1 8 9 3.

put to him, shall be in the affirmative, allcl to the second,	PART	I.
if put, in the negative; and any person who shall wilfully
make ;I fnlsc answ-cr to any of such questions shall bc guiltv of n misdcmeannr:

X I I T. Every person who shall vote a, secord time, or offer tovote a second time at any poll, or who shall personate any other person for the purpose of voting at any such poll, shall

be guilty of a misdemeanor, and upon conviction shall be

imprisoned f'or a term not exceeding six months:

X I v. Immediately before taking the votes the Retunling Officer,

or Deputy Returning Officer, shall exhibit the ballot-box

crnpty; and shall, inmectiately npon the close of the

voting, publicly closc! and seal the box colltzlining the voting-papers which shall have been taken at the voting- place at which he presided, and cnch D ~ p u t y Retnming Officer shall, with as little delay as possible, deliver, or cause his bos to bc delivered, to the Returning Officer; and any Returning Officer, or Deputy Returning Officer, who shall ~znlawfully tamper with any ballot-box or voting- pnpcr shall be guilt,y of n rnisdemennor, and be liable to imprisonment f'or not exceeding six months:

xv. At the closc of thc poll thc Rctmning Officcr shnll fix n

time, as soon as convcnientlv may bc, for cxarnining the

votes and d ~ o l a x i n ~ ~ the rr\sult of the poll, and shall, in the.

presence of s u ~ h of the scruiineers as choose to be present, rl

open all thc boxes containing voting-papers delivered in at the taking of the poll, a n d shall 'examine such voting- papers, and shall reject all such as shall conmin c r m m against both the affi'rrnation and the negation of any pro- position, or shall contain anything othw than such mattrrs as are hcwinbefore prcscrib& for snch voting-papms: And shall opcnly declarc thc gcnernl stxtc of the votcs at the	close of the poll, as the same sl~all be made up by	him from the voting-papers talicn a t the several votinx-
places: ,4nd shall declare any proposition or propositions carried or not, according as the majority of \rotes shall be for or against the same. In case of an equality of votes for and against a proposition, the Returning OfEcer shall, by his casting-vote, decide for or against the same: Provided that no Returning Officer shall vote at my poll at which
hc is Returning Offiwr, rxcept in casc of an ewnlity of
votes as aforesa~ri; but this provision shall not apply to a
Deputy Returning Officer.

x v ~, All voting-yapers shall be destroyed by thc Rcturning Officer immediately after the declaration of the result of the poll.

7. Section 75 of " The District Councils Act, 1887, ' is hereby y;l;;:;~;gEt;te

rftl'ealed and the following is substituted in lien thereof :-" NO hisratea,

56" & 57' VICTORIW, No. 573.

The Land Value Assessment Act.-1 893.

ratepayer shall be entitled to vote at any election unless all rates due bv him have been paid at least ten days before such election: provided such rate or rates have been declared three months prior to such election; and any ratepayer or collector of rates or scrutineer appointed under this Act may object to any person voting if such rates are not paid. The clerk shall cause a list of all persons whose rates are paid in accordance with the provisions hereof to be pre- pared for use at every polling-place, and such list shall comtitute the voters' roll in respect of such polling-place, and for the purpose of the annual elections such list shall be compiled from the assess- ment book for the year ending June thirtieth preceding the day of election. "

Assessment for	8, Section 136 of	The District Councils Act, 1887," is hcrchy
ward only to be

exhibited in vacd. amended by adding thereto the following words:--';When a district is divided into wards a copy of the assessment of thc ward only shall be exhibited in each ward: Provided, however, that the assessment book shall be open for inspection by any ratepayer during office hours."

PART 11. PART IT.

ASSESSMENT O F LAND VALUES.

When this part of	g, This part of this Act shall not apply to District Councils and the Governor in the Govern,ment Gazette, made upon the petition of the Council of any Municipality to the effect that this part of this Act shall come into operation as regards such Munici- pality.
Act to come into
operation as regards	shall not come into operation until after a special Proclamation by
any Municipality.
No ratepa er to vote

unleas he sna paid 10, No ratepayer shall be entitled to vote at any poll of rate-

his rates.	payers under this Act unlcss he shall have paid all rates which shall have been declared six months previously, and which shall
then be payable by him in respect of the property for which he may claim to vote; and any ratepayer or collector of rates appointed under the provisions of 'L The Municipal Corporations Act, 1890,"
may object to any person attempting to vote who shall not have
paid such rates.
Poll of ratepayers to	11, (1) No such petition shall he presented by any Council until after a poll of the ratcpay-ers of the Municipality shall haw been taken affirming a l~ropo~tioil in favor of this part of this Act coming into operation as rcgards such Municipality and at which at least one-half in number of ratepayers shall have voted. I n taking such poll each ratepayer for any Municipality shall bc entitled to one vote only in each ward in which he has ratable property.
be taken before
petition presented.
(2) One month's previous public notice by advertisement in the Government Gnrett~, two newspapers circulating i n the Municipality, and bv printed placard placed outside the office of the Corporation of the intention to hold snch poll shall hc given by thc Council,

and

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The Land Vnlue Assessment Act.-1 893. - - - . -p.

and before the poll is taken the Town Clerk shall prepare a I'ART 11.

tentative assessment of all the ratable property in the Municipality - -

showing, so far as practicable, how sucs property will be asscs&d on this part of this Act coming into operation, and also the rates which will then be payable by each assessed property on the assumption that the total rates to be declared will bc equal in amount to the total rates for the year in which the poll is caken. The tentative assessment, as well as the actual assessment, for that year shall be open for thc inspection of any pcrson interested for at least twenty- one days before the taking of the poll.

(3) The petition shall be accompanied by a certificate, under the hands of the Mayor and Town Clerk, of the result of such poll.

12, The proposition to be submitted to the ratepayers at such ~ o l l How poll to be taken.

shall be tho fbllowing :--

That Part 11. of " The Land Value Assessment Act, 1893," providing for taxing land values only, come into operation as regards this Municipality,

13, After this part of this Act shall have come into operation Interpretation clause.

as regards any Municipality, then, so far as such Municipality is concerned, the following expressions in 'b The Municipal Corpora- tions Act, 1890," and this Act shall have the meaning by this section assigned to them, save where the context or subject is incon- sistent with such meaning-

"Assessment " shall mean an assessment made pursuant to this

part of this Act:

"Assessed value" shall mean the land value of the ratable

property assessed:

Commissioner of Taxes " shall include any Acting or Deputy

Commissioner appointed under the Taxation Act:

Government assessment " shall mean the assessment for land

tax for the time bcing in force under the Taxation Act;

Lard value" shall mean unimproved value as defined by the Taxation Act, and as assessed by the Council under this Act:

'* Ratable property" shall mean and include all land, with all

buildings and erections thereon, with the following excep-

tions-

I. Land of the Crown which, for the time being, shall

not be subject to any agreement for sale or right	.
of purchase or t o any lcttse:

11. Park lands, public roads, public cemeteries, and other

public reserves:

r r r.

Land ueed solely for religious or charitable purposes,

or used bp any Institute under the provisions of

the

56" Rc 57' VICTORIW, No. 573.

. . -- -. - - p - - -

I he L a n d V a h e Assessment Act.-1893.

the '' Public Libmry, Museum, and Art Gallery Act, 1883-4,'' or any Act amenrling the same or suhstitn ted therefor:

Ratepayer" sl-rall mean the owner, other than the Crown, of ratable property within the Municipality, including the lessee or tenant, liablc to pay rntcs, and the owner of a leasehold estate granted by tile Crown, or by the Government of the province, or by the Cornmissioiler of Crown I,ands, or by any person on behalf of tlrc Crown or of the said Government:

Taxation Act" shall mean and include the " Taxation Act, 1884," the " Taxation Act Amendment Act, 1885," and the " Taxation Ac:t Amcndrnent Act, 1887," and :my Act or Acts ameriditig the satne or substituted therefor, and all regulations made under or by virtue of any such Act or Acts.

Council to make 14, The Council shall, as soon as practicable after this Act shall

assessment. comc into operation in thc Municipality, and also as soon as practicable after the expiration of six months next after every general assessment of land under the Taxation Act, cause an assessment to be made of the ratable property within the Muuici- palit y.

I. The Commissioner of Taxes shall, upon request of the Council,

preparc, and forward to the Council, a copy, certified under

* force under the 'I'axation Act, so far as such assessment	his hand, of the assessment of land for the time being in
shall relate to land within the Municipality, and thc Council shall pay the Commissioiler of Taxes Fourpence per folio of seventy-two words for every such copy:

XI. The assessment made under this part of this Act shall adopt

the Govertment assessment as to amoixnts of land values:

Provided that as to airy land not iricluded in the Govern- ment assessment, and as to any land included by the Com-

within the hllunicipality, and as to any land asscssed missioner in one assessment with othcr land not situate

by thr Commissioner as m entircty, but which may sub-

scqucntly be divided between two or more owners, the Council inay cause to be made a fresh assessment or fresh assessments which shall, so far as practicable, be founded upon the Government assessment.

111. Upon a leasehold estate being granted by the Crown, or by the Government of the province, or by the Commissioner of' Crown Lands, or by any person on behalf of the Crown or of the said Government, of land not included in the Government assessment, the Council may at any time make a part assessrncnt or part assessmcnts thereof.

Form of assessment- 15. Every assessrncnt shall be written in a book to be called the

book. assessment-book, which shall contain the following particulars :-

(a) The

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m e L a d Value Assessment A c t. 1 8 9 3.

( a ) The names of the several owners and occupiers of the ratable property assessed, so far as known:	PART	11.
( b ) A short description of, or reference to, the ratable property:
(c) The land value of the ratable property assessed.

made under sub-section 11. or sub-section Irr. of section 11 of this ment. 16, In the event of any person interested in any fresh assessment Appeal from assess-

Act being dissatisfied therewith with regard to any of the par- ticulars entered in the assessment-book, or in the event of any person interested in any other assessment being dissatisfied there- with with regard to m y of such particulars except to those relating to the value of the property asscsscd, he may appcal to the Corn- niissioner of Taxcs or, at the option of the appellant, to the nearest Court of Full Jurisdiction thereon within twenty-one days fiom the time when public notice of such assessment shall be given as hcrcin after provided, and the decisioil of the Commissioner of Taxes or

Local Court shall be final. Such appeal shall be commenced by notice in the form in the First Schedule hereto, or in a form to the like effect, given to the Commissioner of Taxes or the Local Court

and to the Town Clerk.

17, When any assessment under the provisions of this Act shall Assessment when ap-

be approved by the Council, a minute of such approval shall be b, bindin.

proved b-j- Council to

written at the foot thereof, and signed by the Mayor, or by two Councillors and the 'l'own Clerk; and such assessment shall be deemed to have been made at the time of such minute being so signed, and shall thenceforth, subject to the provisions hereinafter contained, become and remain l&ding on the Municipality, and thc ratepayers thereof until a new assessment shall be made and approved, and the minute of such approval shall be signed as aforesaid.

18, One full copy at least of every assessment-book shall be made, One COPY of assess-

ment-book open for

and shall be deposited at the town office for inspection by the inqeCtion.

ratepayers. A copy of that portion of the assessment having

reference to each ward shall also be open for inspection in such ward.

19, Every person whose name appears in the assessment-book as Persons appearing as owners or occupiers

owner or occupier of any ratable property shall, upon a change of hava their name.

ownership or occupation as to the whole or any portion or portions removed On change ownership or occupa-

immediately preceding any annual clection, to have his name re- moved from thc assessment-book, or to have such assessment-book altered so as to accord with such change, he having first paid all rates for which he shall be liable, notice of which has been duly given him: And the Council may make any apportionment of the assessment which they shall deem just where such change of ownership shall relate to a part only of thc ratable property comprised in one assessment.

of such ratable property, and notice in writing thereof given to the tion.

13-573 20, An

56" 81 57' VICTORIA, No. 573.

me Land Value Assessment A c t. 1 8 9 3.

20, An owner or occupier of any ratable property, but whose

Owners and occupiers	name does not appear in the assessment-book as such owner or
whoee names do not	occupier, may apply to the Council to have his name inserted

'ppear book, may in assessment- apply to in the assessment-book, and shall be cntitlcd to have his name

have them inserted. inserted accordingly, except within fourtcrn day S immediately pre- ceding any annual election: And the Council may make a similar apportionment of assessment to that in the last preceding section provided for in any case requiring the same.

21. Except within fourteen days immediately preceding any

Council errors and to omissions rectify

in assessment-book

annual election, all errors and omissions iu the assessment-book,

whendiscoverea.

with rcgnrd to any ratable propel.ty, or its assessed value, or the ownership or occupation thereof (including errors and omissions arising from changes of ownership or occupation), shall bc rectified by the Council i&mediately on tlm discovery thereof, and a minute shall be made of such rectification, and lz copy thereof, signed by the Town Clerk, s l d l be entered in the: assessment-book and every copy thereof, and the assessment-book and every copy thereof shall be rectified accordingly.

noticeofeveTy

aaeessment.

22. Yublic notice of the making of any assessment, and that a copy thereof may bc inspected at the Town Office, shall be given within fourtccn days from such ~uaking; ancl notice of the making of such assessirlent, ard that the said copy may be inspccted as aforesaid, shall, w itllin twenty-one days fr on1 the making thcreof, be given by posting or delivering the same to every person nppear- ing in the assessment-book as the owner or occupier of the property concerned.

Person interested

take extracta from 23. Every person interested in any assessment under this Act,

assesement. whether as principal or agent, shall be entitled to take extracts therefrom in respect of any property of or for which he is the owner, occupier, or ngcnt without the payment of a n y fee.

Alteration by Com-	24.	On any adteration or reduction of land value being made by
missioner in assess-

merit of land within	the Comniissioner of Taxes, or under the ordcr of a, Court, in pur-
Municipalit to b0
notified to clerk.	suance of the Taxation Act, as t o any land the whole or portion of

. which is mtablc property comprised within a Municipality, the Cominissioner of Tnxcs shall send to the Town Clerk a certificate under his hand, notifying the particuhrs of such alteration or reduction-

r. If the whole of the land to which such alteration or reduction

relates shall be comprised within the Municipality, and no

fresh assessment shall be required by reason of sub-division, the Council shall alter its assessment thercof, so as to accord

with the alteration or rcduction notified; and a minute shall be made of such alteration by the Council, and a copy of such minute, signed by the Town Clerk, shall be entered in the assessment-book, and in every copy thereof:

56" & 5 7 O VICTORIW, No. 573. 11

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The Land T/%lue A,wessme?zt Act.-1 893.

IT. If the whole of the land to which such alteration or reduction relates shall not be comprised within the Municipa.lity, or if a fresh asscssment shall bc: required by reason of sub-division between two or more owners, the Council shall cause a fresh assessment, or fresh assessments, to be made of such portion of such land as lies within the Municipality, or thc whole of such laud as the case may clemimd, which fresh assessment, or fresh assess- ments, shall, as far as practictible, be founded upon the Govclmment asscssment as altered or reduced. The asscss- ment shall be altercld so as to accord with swh frcsh assees- ment, and a minute shall be made of such altwrztion by the Council. and a copy of such minute, signed by the Town Clerk, shall be entered in the assessment-book, and in every copy thereof. PAR'

25, The person appearing in the assessment-book as the owner Ownerliableforratea.

of any ratable property shall pay to the Corporation the rates dcclared in respect of such property, and shall continue liable

for a11 rates in respect thereof, notwitllstanding any change in thr:

ownership thereof, except as to rates dcclared after the name of another person is inserted in the assessmcnt-book as the owner, or after the person so ceasing to be the owner has given written notice to the Town Clerk of such change of ownership, stating who is the person who has become owner.

26. (1) Where, at the time of the making of the first assess- I'rovision where loan has been contracted

ment under this Act, any loan raised on the security of any- special,	,pscid or
or scparate rate shall not havc been remid in full, with all interest. rate. the eonncil shall, as soon as practicab.bie after thc making of such assessment, declstre a special or separate rate, as the case may require, in lieu of the rate on which the loan was contracted.
(2) Should the Council neglect or unreasonably delay to comply with the provisions of this section, the Governor, on the petition of	any holder of rt debenture or coupon, issucd in respcct of the loan,	or of any ratepayer, may, after notice of such petition given to
the Council, make an order declaring a special or separate rate in lieu of the rate on which the loan was contracted.
(S) Any rate declared under this section shall be of such an amount in the pound as shall suffice to produce a sum equal to that produced by the rate on which the loan was raised during the year next preceding that in which the Municipality was brought under the operation of this part of this Act, and shall become u continuous annual rate until the discharge of such loan.	(I
(4) The provisions of Parts VIII. , IX., and X. of "The Municipal Corporations Act, 1890," shall, as modified by this part of this Act, and so far ae practicable, apply to the rate dcclnred under this section and to the loan aforesaid, as if such rate had been originally declared and such loan raised subsequently to the Municipality
coming under the operation of this part of this Act. 27. At

56" & 5 7 O VICTORIB, No. 573.

The Land Value Assessment Act .1893.

PART 11. 27. At polls to consent to a rate or with respect to a loan, each amount of land value of the property, or properties if more than onc, and whether situated in one or several wards, in respect of which he is assessed as under :-Five Hundred Pounds or under, one vote; from Five Hundred Pounds to Seven Hundred Pounds, two votes; from Seven Hundred Pounds to Nine Hundred Pounds, three votes; from Nine Hundred Pounds to Eleven Hundred Pounds, four votes; from Eleven Hundred Pounds to Thirteen Hundred Pounds, five votes; and from Thirteen Hundred Pounds upwards, six votes; but no person shall have more than six votes.

Number of votes at

polls regulated by	ratepayer entitled to vote may vote on a scale according to the total
amount of rsamsment.

Recovery of rates,&c.,

by owner from occu- 28. Nothing herein contained shall affect the right of an

pier.	owner or any other person who has paid rates, or other moneys pay- able by him as a ratepayer, to recover the same, or any part thereof, from any occupier or other person from whom he is by law, contract, or otherwise, entitled to recover such rates or other moneys, or any part thereof.
Certaed copy of
Government	29, A copy of the assessment of land for the time being in force certified under the hand of the Commissioncr of Taxes, or by the Mayor and Town Clerk, shall be evidence of everything contained in such copy, and of the Government assessment, so far as the same shall relate to land within the Municipality.
assoasment to-be	under the Taxation Act, or of any portion thercof, purporting to be
evidence.
Withdrawal of

Municipality 30, When this part of this Act shall have been in operation in

from this part of Act any Municipality for two years or upwards, the Governor may, on the petition of the Council of the Municipality, publish a special Proclamation in the Govemnzent Gazette to thc effect that this part of this Act shall cease to operate in such Municipality, and there- upon it shall cease to operate accordingly.

Pdlofmte~a~erstobe 31.

NO such petition shall be presented by any Council until after a poll of the ratepayers of the Municipality shall have been taken affirming a proposition in fitvor of this part of this Act ceasing to opcratc as regards such Municipality. Orie month's pre~ious public notice of the intention to hold such p011 shall be given by the Council, and the petition shall bc accompanied by a certificate, under the hands of the Mayor and Town Clerk, of the result of sucll poll.

taken before petition

presented.

n o w poll to betaken- 32. The proposition to be submitted to thc ratepayers at such

poll shall be the following :-

That Part 11. of "The Land Value Assessment Act, 1893," providing for taxing land values only, cease to operate as regards this Municipality:

Votes of ratepayers.

'I'he voting at such poll shall be in all respects the same as at :I

poll under section 1 1 hereof.

Efiectof withdmwal,

33, On this part of this Act ceasing to operate as regards any

Municipality, " The Municipal Corporations Act, 1890," and any

Act

56" & 57' VICTORIE, No. 573. -- . - -.

The Land Value Assessment Act.-1893.

Act amending such Act or substituted therefor, shall operate as	PART 11.
regards such Municipality as if this part of this Act had never comc into operation therein. The Municipality may from time to time be again brought under this part of this Act and again withdrawn therefrom as herein provided.

34. On this part of this Act coming into operation as regards Ce*~ jn ~ e c t i 0 1 ~ o f '

Municipal Corpora-

any Municipality, then, as to such Municipality, the following tions net, 1890, to

portions of " The Municipal Corporations Act, 1890," shall cease OeaSe to Operate! and others to be modaed.

to operate, that is to say-Sections numbered respectively 222,

224 to inclusive, 251, 252, 253, 256, 257, 270, and the Fourth a5d Fifth Schedules; in section 215 the words exceed- ing Four Hundred Pounds," shall be read in place of the words

cxcccding Twenty Pounds per annum; " in section 266 the words " One Penny " shall be rcad in place of the words '' One Shilling; " for the words " Seventy-five " whcrevcr occurring in sub- section v. of section 381 are to Fe read the words '' Fifteen Hun-

dred; " and so far as regards a poll of ratepayers, sub-section x ~ r.

of section 381 shall be read as if the words " or occupier" and the words " or the lessee or tenant " were not there. Nothing herein contained shall affect any provisions for recovering rates declared before this part of this Act shall come in to operation, or any liability in respect of any such rates.

35, Section 12 of The Public Health Act," No. 22 of 1873, is Repeal.

repealed as regards any Municipality under the operation of this

part of this Act.

36, Any repeal by virtue of this part of this Act shall not affect any Savings of rights.

right accrucd, any liability, forfeiture, or penalty incurred, any offence com~rlitted, or anything done or omitted to bc done before the coming into operation of this part of this Act, nor any legal proceedings commenced or hereafter to be commenced wit11 respect to such right,

liability, forfeiture, penalty, offence, or thing.

37. ( l ) 'l'llc Council may from time to time declare a rate Councilma~declare rates.

on the p-operty included in the assessment for the following pur-

poses, or any of them :-

For the general purposes of G The Municipal Corporations Act,

1890 ":

For carrying out the purposes and provisions of "The Public Health Act," and any other Act now or hereaftcr requiring or authorising a rate to be dcclarcd, madc, or levied by the Council:

For lighting the Municipality:

For the improvement and ornamentation of the park lands,

squares, or reserves of the Municipality.

(2) As to the Corporation of the City of Adelaide, the total ratcs

under this section shall not in any one year exceed Threepence in

the Pound of assessed value. (3) As

14 56" & 57' VICTORIA?, NO. 573.

The Land Value Assessment Act.-1 8Y 3.

PART 11.

--W	(3) As to any other Corporation now existing, the amount in the Pound of any rate shall in no case, in any one year, be tnorc than would, if such rnte had been declared on the assessed value
of the ratable property within the Municipality according to the
first assessmmt made under this Act, have sufficed to produce a sum equal to that which the Corporation could, beforc the coming into operation of this part of this Act, have raised by a rate for a similar purpose on the assessment in force immediately lncfore this part of this Act shall, as regards such Municipality, have come into operation.
(4) As to any Corporation constitutcd after the passing of this Act, the total amonnt of rates under this section shall not, in any one year, cxcccd Twopencc in the Pound of asscssed valuc.

Watering rate. 38. The Council may dcnlare a particular rate for defraying the

expense of watering any public street or place, or portion of a public strcct or place, which rat(: may be apportioned among, and shall be paid by, the persons liable for the rates in rcspect of the ratable propertics fronting to such street or place, or portion thereof watered, ratably according to the lineal frontage of such

proper ties respectively.

special mte. 39. (1) If the g m c r d rate be insnfficicnt for cm-ying out any

purpose by t h ~ o ~ d n y &&%iht -- Xiutho~i%l t o be carried o x b y the Council, and if the same has not been provided for by a separate or

* other rate, the Council, by n resolution-Passed by a maior<ty of all the members thereof, may, with the consent of the rate$aye&, to be obtained as provided by sections 249 and 250 of " The Municipal Corporations Act, 1890," declare a special rate for the year on the ratable property within the Municipality. Thc Council may also, with the like consent, declare a like special rnte for the purpose of renewing any loan in whole or in part. ..

(2) A s to the Corporation of the City of Adelaide the total amount of rates under section 37 and this section shall not in any

one year exceed Fourpence in the Pound of assessed value.

(3) As to any other Coryor;~tion now existing, the amount in the Pound of such special rate shall not in any one ycnr be more than, together with the general rate, would, if such rate had been declared on the assessed value of thc ratablo property within the Municipality according to the first assess~nelit made under this Act, have sufficed to produce a sum equal to that which the Corpol.ation could, before the coming into operation of' this part of this Act, have raised by a general and by a special rate together on the msessment in force, immediately before this part of-this Act shall, as regards such Municipality, have come into operation.

(4) As to any Corporation constituted after the passing of this

Act, the total amount of rates under section 38 and this section

shall not in any one year cxcecd Threepcncc in the Pound of

assessed valuc.

40. every

l ' he Land V a h e Assessment A c t. 1 8 9 3.

p-- -

--

40. Every rate shall become due when i t is declared, but no -

rate shall be recoverable by action or by proceeding before Justices	Fourteen days' notio e
to be given before
from any persou until fourteen days after a writtell notice from some	recovery of rates.
officer of the Council informing such person of the alnount of rate -payable by him, and in respect of vha t property the same is payable, shall 11c served upon such person in rnilnllei by section 339

of '; The Rl miicipal Corporations ,4ct8, 1890,77 provided.

41. The Courlcil may, in irial~ner to be prescribed by by-law,	several polling-places
Council may appoint

in case of an election or of n pull with respect to a loan, appoint one or xnorc polling-places for the district, when not sub-divided into wards, or for each ~ ~ a r c i wherr the district is snb-divided, and the district office w a r mecl not be a polling-place: Provided that the Council mty fix one or more ~ v a d or wards in which alone the vote for electing auditors shall be taken.

Scction 70 of The District Councils ,4ct, 1887," is hereby

repealed.

PART 111.

42,	No petition by any lIIunicipa1 Corporation or District Cou~~ci l	No petition for sale
of land for rates to be

to the Supreme Court for an arcler for the sale of land for arrears of	presented until after t W elve months' p r b
rates shall be presented nnder either the Municipal Corporation or	vious notice to owner.
District C'ouncils Acts until thc expiration of one ycar from the time that the Corporation or Council shall have givcn a notice of illtention to presellt such petition by registered lctter, nddresscd to the registered owner and to the registered mortgagee of the l a id and forwarded through the post to the last known place of abode of such owner ancl mortgagee, which notice shall bc? in the form in the Second Schedule hereto, and the cost of cvery such notice
shall be added to the rate.

43, No petition for the sale of land for arrrars of rates under	for three years before
Rates to be in arrear

either of thc said Acts shall hercaftcr be presented unless and until	petition presented.
thc same shall have becn in arreai- for thc spacc of three ycars.

$4, Every such petition shall be in the form of the Third Form of petition.

Schcdulc hereto or in a form t>o the like effect, and shall be verified

by affidavit, as in the form at the end thereof.

45, Up to the time of the actual sale of any land for arrears of Owner may PY rates after petition and

rates thc owner may pay such rates, including the costs then incurred, before actu,l ,,l,.

and thereupon, and without any order of the Court, the petition and

order tliereon shall be abandoned so far as regards the land in respect

of which such rates are paid.

46, Any owner whose land shall have been sold for arrears of owner of lancl entitled to surplus on

rates, or if such land was under mortgage the mortgagee thereof, piving up title.

shall, without any order of the Court, on handing over to the

Master

56" & 57" VICTORIW, No. 573.

The Land Value Assessment Act.-1 893.

PART 111. Master of the Supreme Court the certificate or other title to the land sold, be entitled to and shall be paid by the Master the surplus moneys in Court,

Governor may on	47.	The Governor, on a petition, as hereinafter mentioned, may,
petition do certain

act. by Pmclamathn. by Proclamation in the Government Gazette, dissolve any Municipal Corporation, and may, by such Proclamation, determine all matters relating to the dissolved Corporation, and to its assets, liabilities, con-

tracts, affairs, rights, property, and obligations.

Petitions, how

signed. 48. A petition to dissolve a Corporation shall be signed by not

less than one-half of the ratepaycrs or owners of ratable property within the Municipality of which it is proposed to dissolve the Corporation.

Prio*$ dot to apply

to petitions hereunder. 49. Counter petitions may be presented,.. and all the provisions

of clauses 10, 11, and 12 of "The Municlpnl Corporations Act, 1890," shall apply to petitions and counter petitions under this Act.

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

this Bill.

S. J. W AY, Lieutenant-Governor.

SCHEDULES

56" & 57" VICTORIW, No. 573.

The Land Value Assessment A c t. 1 8 9 3.

SCHEDULES REFERRED TO.

FIRST SCHEDULE.

The Corporation of the City (or Town) of

Notice of Appeal to Commissioner of Taxes or Local Court against Assessment.

Take notice that I appeal to the against the assessment of

my property (or the property of 1 street,

acre No, , (or section KO. , Hundred of ), assessment

No. 9 Ward, on the following grounds [here set forth

grounds of appeal].

Dated the day of 18 .

[Signature.]

Address for service

To the and to the Town Clerk, Adelaide [or as the case

may be].

SECOND SCHEDULE.

Notice to Owner.

Municipal Corporation of (or District Council of

To

Notice is hereby given that there is now due to the above Municipal Corporation

(or District Council of ) i n respect of riiere describe property] the

sum of 2 for rateo up to the year endingIinsert date]; and you are required to take notice, that unless the amount so due be paid within one year from the posting of this notice, a petition mill be presented by the said Municipal. Corporation (or District Council) to the Supreme Court for an order for the sale of the said land to satisfy the said rates.

Dated this day of 189

A.B.,

Town Clerk of the Municipal Corporation

of the Town of

(opt, C.D.,

Clerk of the District Council

of 1

THIRD SCIIEDULE.

Petition for #ale of &and for Rates.

[South Australia.]

In the Supreme Court.

To their Honors the Judges of the Supreme Court.

The humble petition of the Municipal Corporation of the town of

(or the District Council of ) sheweth-

1. That certain rates, duly made on assessments by your petitioners in respect

of [here shortly describe propertiesl, which said allotmente and pieces of land

are all ratable property, situated in the said town of, (or District of

), and were for the period of years prior to the 9

and

C-673

56" & 57@ VICTORIK, No. 573.

The Land Value Assessment Act.-1893.

and still are due and unpaid and in arrear, and there are no goods or chattels on the said allotments and pieces of land, or any of them, for which any distress can be made for such arrears of rates, or any part thereof.

2, Your petitioners, in accordance with "The Municipal Corporations Act, 1890"

(or " The District Councils Act, 1887,"), caused to be published three times in The

South Australian Government Gazette, viz., on th2 day of

, the day of and the

day of , the notice, a print whereof is

annexed to this petition.

3. Your petitioners also, on the day of

caused a notice to be given to the registered owners (and the registered mortgagees, if any) of the said allotments and pieces of land, pursuant to Part 111, of "The Land Value Assessment Act, 1893."

4. The rates in respect of the said allotments and pieces of land which were in arrear at the time of the first publication of the said notice amounts to the sum of S , and are still lawfully due to your petitioners, and there is also due to your petitioner8 for interest on the said rates at the rate of Ten Pounds per centum per annum from the time of the same becoming due respectively, until the

day of , 189 , t h e sum of ;E

5. Since the time of the first publication of the said notice rates to the amount

of	have become due and in arrcar in respect of	the said allotments
and pieces of land.

Your petitioners therefore humbly pray that in pursuance of I' The Municipal

Corporations Act, 1890" (or The District Councils Act, 1887") your Honors will be pleased to order the sale by public auction of the said allotments and pieces of land, or so much thereof as may be sufficient to pay the said rates and all other rates due and in arrear up to the time of the application for salc, together with interest on all such rates a t the rate of Ten Pounds per centum per annum from the time of the same becoming due respectively, and together with all costs and expenses of and attending the said notico and this application and the sale, and that the proceeds may be paid into Court, and that your Honors will order payment out of such proceeds of the said rates, interest, costs and expenses in preference to any mortgage or othcr security on the said land; and also that your Honors will be pleased to make all proper orders for carrying out thc said sale, or that your Honors will be plea~ed to make such other order in the premises as to your Honors may seem meet. And your petitioners will ever pray.

1, of Town Clerk of the Municipal Corporation

of (or Clerk to the District Council of ) make oath and say that

all the statements contained in the above petition are true.

Sworn, &c.

-.,p-

- .- . .. -- .. . -

By authority: C. E. BRIBTOW, Government Printer, North-terrace, Adelaide.