Local Improvements Act 1879 (SA)

ANNO QUADRAGESIMO SECUNDO ET QUADRAGESIMO

TERTIO

A. D. 1879.

No, 138.

An Act to vest the Property and control of Works con- structed with Public Moilcys for the Improve- ment of particular localities in the Cu~nmissioner

of Crown Ldands and Immigration, and for othcr

purposes.

HERE AS sums of moncy have heretofore been and may here- Premble,

for the improvement of p;xrticular localities without any Act having

W after be voted by Parliamrnt for the construction of works

been passed authorising such works, and it is desirable to provide for vesting the property in and thc control of such works in the Commissioner of Crown Lands and Irnrnigration fop the time being, and for other purposes-BC it therefore Enacted by the Governor-in- Chief of the Province of South Australia, with the advice and con- sent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

l, 'This Act may be cited for all purposes as "The Local Im- shorttitle.

provements Act, 1879."

2. In thc construction of this Act the words "The Commissioner" Interpretation clatme.

shall mean the Commissioner of Crow3 Lands and Immigration for

the time being.

3. In all cases where any sum of money shall have heretofore Compiaeionermay

been, or shall hereafter be, voted by Parliament for the constmction	acqmre land and
of works for the improvement of particular localities without any Act having been passed authorising such works, the Commissioner

138 may

2 430 VICTORIAi, No. 138.

Local Improvements Act.--1879.

may, for the purposes of this Act, and under the name, style, or title of Commissioner of Crown Lands," purchase, take, or acquire any lands or other hereditaments, goods, chattels, and thirlrgs neccssary for carrying out any such worlrs, and may contract and agree for any such lands, hereditrtments, goods, chattcls, and things, and may become a party to any instrumcnt giving effect to any such purchase, taking, or acquisition, or for the purchase, or construction of any such works, or the delivery, or renioval of any materials, and may take security by way of bonds, or obligations, or otherwise, and by such name as aforesaid, may plead and be impleaded, defend, and be defended, answer, and be answered: Provided that at least onc calendar month before any purchase, taking, or acquisition by the Commissioner of any lands or hereditarnents under this section, a plan (with limits of deviation), showing thr nature of t lx worlrs intended to be executed and the lands iiltcndcd to be thereby affected, shall be deposited in the office of the Surveyor-General, at Adclaidc, and a copy of such plan shall be laid before Parliament one month previously to the vote authorising such works being submitted to the consideration of the House of Assembly; and a copy of such plan shall also be forwa~dcd through the Post Office to the last known placc of abode of all the owners and occupiers of any land proposed to be taken or acquired, or of lands adjoining, and also to the corporation of any c~rporate town or the diitrict council of any district in which the land proposed to be taken is situate: Trovided also that plans are not required to be deposited of works that have already been conutructed, ancl the cost of which has been voted by Parliament.

incorporation of

Lands Clauses Con- 4, For thc purpose of enabling the Commissioner to obtain any

solidation Act.	land, or any right or casement in or over any land which he may require for the construction or amendment of any such works 'l'he Lands Clauscs Cor~sulidation Act" shall, subject to the provisions herein contained, be incorporated with this Act, and" the provisions of the Lands Clauses Consolidation Act shall be applicable in the
for the purposes of this Act the expression '.The promoters of the case of thc purchase of a right or cascrncnt in or ovcr any land, and undertaking," whenever used in the " Lands Clauscs Consolidation
Act," shall mean " The Commissioner."

Testing of property	5. All lands acquired before the passing of this Act for t h ~	pur-
in Commiseiuner.

pose of constructing any such works, ancl the WOI~CS thereon or here- after to be erected, and all lands acquired by the Commissioner under

the authority of this Act, and all works constn~ctd	in or npo11
any such land, shall vest in the Commissioner.

Commissioner may (3,

The Commissioner may sdl and dispost: of any land or propcrty vested iil him under the autllority of this Act which i t may appear to

sell lands acquired.

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him may be properly sold or disposed of, and may transfer or convey the land or other property aolcl or disposed of unto the purchaser, or as he slid direct.

7, For

4~ VICTORIIE, No. 138

Local Improvements Act.-1879.

7, For the purposes of this Act, and subject to the provisions

herein contained, the Commissioner shall hare 'thc following powers,

that is to say :-

He may enter upon any such lands, arid take levels of the same, I'ower of Commis- sioner for construc-

and set out, such parts thereof as he shall think necessary, and ,.	on of rorks.
dig and break up the soil of such lands, and trench and clrain the same, and remove or use all earth, stollcs, mines, minerals, trees, or other things dug or gotten out of the same:

I I ~	may from time to time makc, maintain, and alter such works
upon tllc lands authorised to bc taken by him, and across all roads in the line of the said works as shcwn in the said deposited plans, as he shall thidr proper for carrying out any such works:

TIP may from time to time cnter upon any land adjacent to the lands required for the p rpose of such worlis, and take there- from any stone, timber, or other material which may be there, and may stack, sturc, liccp, and remove, upon :m1 from any snch adjacent land all materials that rnay bc nccessary to be uscd in the construction of any such works.

8. After tthc completion of any snch works the Coxxlmissioncr Power to transfer

may grant, demise, and assign all or any portion of the property works to col~noils	vested in him unto any Tlistrict Council or District Councils, or Corporatione.	8
Corporation or Corporations, for such estates or terms of years, and upon such terms a ~ d conditions as the Commissioner, may decnr advisable.

9. The Commissioner may from time to time make, alter, and Powerto Comrms-

rcvokc such regulations as he may deem ad,visable for the mainte- sionertomd~e wU-	lations.
nancc and preservation of any such works, and in such regulations may prescribe any penalty not cxcceding Fifty Pounds for any breach
of any such regulation, and every such penalty may be recovered
before m y Special Magistrate or two or more Justices of the Peace	for the said province in a summary way, by or in the name of the	Commissiorler or any person by him thcreunto authorised.

10. The proceedings before Justices shall be conducted as ap Applicrtion of h.o B

pointed by and shall be regulated under the Ordinancc No. 6 of of ia50.

1850, indtuled An ~ r d i & n e e to facilitate the performance of the

duties of Justices of the Peacc out of Sessions with respect to

summary convictions and orders," or of any Act hereafter to be in

force relating to the duties of Justices of the Pcace with respect to

summary convictions and orders.

11, I n every case of the adjudication of a fine or 'pecuniary NO^-payment of

penalty under this Act, and of the non-payment of such fine or penalty.

pecuniary penalty, any Justice of the Pcace may commit the

offender or person making default in payment to any gaol in the

said province for any time not exceeding three calendar months,

the

43" VICTORIE, No. 138.

Local Improvements Act.-1 879.

thc imprisonment to cease on payment of the sum and costs due; but this section shall not affect any remedy for the recovery of any fine or pecuniary penalty under thc said Ordinance No. 6 of 1850, or any other Ordinance or Act.

Appenl. 12. rhere shall be an appeal from any order of Justices of the

Peace, made under the provisions hercinbeforc contained, or from

any order of Justices of the Peace dismissing any information laid

under this Act, or from any conviction by Justices for any offence against this Act, which appeal shall be to the Local Court of Adc- laide of Full Jurisdiction only, and the proceedings in such appeal shall be conducted in manner appointed by the said Ordinance Xo. 6 of 1850, for appcals to Local Courts, but the Local Court of Addaide aforesaid may make such order as to payment of costs of appeal as such Court shall think fit, although si~ch costs may exceed Ten Pounds.

~ o c a l court of Ade- 13, I t shall be lawful for the Local Court of Adelaide, upon the

hide may state a case	foropinionofaupr~me hearing of any appeal under the last prweding section, to state one
court. or more special case or cases for the opinion of the Supreme Court,

and the Supreme Court shall hear and dccidc 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 two or more Justices, or the Local Court of Adelaide, shall makc an ordcr in respect of the matters referred to the Supreme Court, in conformity with thc certificate of the said Supreme Court, or of any Judge thereof, which order of thc J~s t~ ices of the Peace or Local Court shall be enforced in manner provided by this Act, for the enforcement of orders of Justices of tile 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 certiorari nil otherwise into the Supreme Court of the said Prevince.

In the name and on bchalf of Her Majesty, I hereby assent to this Bill.

W M. F. DRURIMOND JERVOIS, Governor,

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Adelaide : By authority, E. SPILLBH, Acting Government Printer, No&-torrace.