Markets Clauses Act 1870 (SA)

ANNO TRICESIMO TERTIO ET' TRICESIMO QUARTO

No. 20.

An Act to provide for the Establishrnmt oj

[Assented to, 13th January, 1871.1

I-IEREAS it is expedient to provide for the Establishment and Preamble.

W Regulation of Markets, and to comprise in one Act sundry

provisions usua11y contained in Acts of Parliament authorizing the

Construction or Regulation of Markets; and that, as well for avoiding the necessity of repeating such povisions in each o f the several Acts relating to such undertakings as for insuring greater uniformity in the provisions themselves-Be it therefore Enacted by the Governor of the Province of South Australia, with the ad-vicc and consent of the Legislative Council and House of, Assembly of the said Province, in this present Parliament assembled, as follows:

1. This Act shall extend only to such Markets as shall be Extent O ~ A C ~.

authorized by any Act of the Parliament of South Australia, here- after to be passed, which shall declare that this Act shall be incor- porated therewith; and all the clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, with the clauses of every other Act which shall be incorporated therewith, form part of such Act, and be construed thcrewith as forming one Act.

2. The expression " Special Act," used in this Act, shall be Interprctatiouin t h i n k d -

construed to mean any Act which shall be hereafter passed, au- ..sp,,,ia~Act.ll d;r c;/,/.	Act.
thorizing thc construction or regulation of a market, and with which

this Act shall be incorporated; and the word " Prescribed" used in 1' Prescribed," f

2c this

33" & 34" VICTORIB, No. 20.

Markets Clauses Act .1870-7 1.

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this Act, in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the Special Act, and the sentence in which such word occurs shall be construed as if instead of the word "Prescribed," the expression Prescribed for that purpose in the Special Act," had

The lands? been used; and the expression " The lands" shall mean the lands which shall by the Special Act be authorized to be taken or used

"The undcrtriking." for the purposes thereof; and the expression The undertdcing" shall mean the market, and the works connected therewith, by the Special Act authorized to be constructed or regulated; and the

The undertakers."

expression " The undertakers" shall mean the persons authorized by

the Special Act to construct or regulate the market.

Interpretationsin thia

3. The following words and expressions in both this and the

meanings hereby assigned to them, unless there be something in the

subject or context repugnant to such construction, that is to say-

and the Act. Special Act, and any Act incorporated therewith, shall have the

'( Person." The word Person" shall include a Corporation, whether aggre-

gate or sole:

" Lands." The word Lands" shall include nzessuages, lands, tenements,

hereditaments, or heritages of any tenure:

Lease." The word Lease" shall include a missive of, and an agreement

for, a lease:

U 'I he hrarlrct," The expression " Thc Market" shall mean the market, and the works connected therewith, by the Special Act authorized to

be constructed or regulatsd:

" Cart." The word Cart" shall include waggon, and also any carriage or

vehicle used wholly or chiefly for the conveyance of goods:

" Drivo~.." The word 'L Driver" shall include the carter or other person

having the care of any such cart:

The word Cattle" shall include horse, ass, mule, ram, cwe,

' l Cattle."

wether, lamb, goat, kid, swine, and calves under three months

old:

Collector." Thc expression Collector" shall mean the person appointed by

the Undertakers to collect the stallages, rents, or tolls au- thorized by the Special A.ct, and shall include the assistants of the Collector:

" hlonth."	The word " Month" shall mean calendar month:
" Oath."	The word '' Oath" shall include affirmation in the case of Quakers, and any declaration lawfully substituted for an oath in the case of any other persons allowed by law to make a decla- ration instead of taking an oath.
'' Justice,"	The word Justice" shall mean Justice of the Peace for the said Province,

33" & 34" VICTORIB, No. 20.

Markets Clauses Acc.1870-7 1.

Province, and ~ahere any matter is authorized or required to

be done by two Justices, the expression Two Justices" "TVO Justicca."

shall be understood to mean two or more Justices of the

Peace for the said Pro~ince assembled and acting together,

4. I n citing this Act it shall be sufficient to usc the expression Short t i t le.

G The Markets Clauses Act, 1870-7 1 ."

5. For the purpose of incorporating part only of this Act with any Form in which por- tiuna of this Act may

Act hereafter to be passed, it shall bc enough to describe the clauses e incorporated in

of this Act with respect to any matter in the words introductory to other Acts.

the enactment with respect to such matter, and to enact that the

clauses so described, or that this Act will1 the exception of the

clauses so described, shall be incorporated with such Act; and

thereupon all the clauses of this Act so illcorpnrated shall, save so

far as they shall be expressly varied or excepted by such Act, form

part of such Act, and R U C ~ Act shall be construed as if such clauses

were set forth therein with reference to the matter to which such

Act relatcs.

G. Where by the Special Act the undertakers shall be cmpowcrcd, Construction of mar- kets to be subject to

for the purpose of constructing the market, to takc or usc any lands of

otherwise than with the consent of the owncrs and occupiers thcreof, ~ c t and the Tmds

they shall, in exercising the power so given to them, be subject to	Clauses Consolidation
the provisions and restrictions contamed in this Act and in the Lands Clauses Consolidatioil Act, and in the Act No. 26 of 1855-6, irltituled " An Act to amend the 1,ancls (3auses Consolidation Act," and the undertakers shall malie to the owners and occupiers of and a11 other parties interested in any lands talcen or used for the pnr- poses of the Special Act, or injuriously nffccted by the conslruction of the works thereby authorized, full compen~ation for the value of the lands so talien or used, and for all damage sustained by such owners, occupiers, and other pcrsons by reason of the exercise, as to such lands, of the powers vested in the udertakers by this or the
otherwise provided by this or the Special Act, the amount of such	Special Act, or any Act incorporated therewith; and, except where
compensation shall be determined in the manner provided by the said Lands Clauses Consolirlstiorr Act for determining questions of compensation with regard to lands purchased or taken under the provisions thereof; and all the provisions of the said last mentioned Act shall be applicable to determine the amount of any such com- pensation, and to enforce payment nr other satisfaction thereof.

7. If any omission, misstatement, or wrong description shall have Errors and omission in Special Act, or

been made of any lands, or of the owners, lessees, or occupiers of Bchednles &yeto,

any lands described, or purporting to be described in the Special Act,	be
or in the Schedule thereto, the undertakers, after giving ten days' notice to the owners, lessees, and occupiers of the lands affected by
such proposed correction, may apply by petition to the Governor in
Executive Council for the correction thereof, and if it appear to the Governor in Executive Council that such omission, misstatement, or

wrong

33" & 34" VICTORIB, No. 20.

Markets Clawes Act.-- 1870-7 1.

-

wrong description arose from mistake the Governor may direct the Clerk of the Executive Council to certify the same accordingly, and in such certificate to state the particulass of any s ~ ~ c h omission, mis- statement, or wrong description, and such certificate shall be pub- lished once in the South Australian Government Gazette and then deposited with the Surveyor-General of the said Province, and such certificate shall be kept by such Surveyor-General with the other documents to which it relates, and thereupon the Special Act or Schedule shall be deemed to be corrected according

to such certificate; and the undertakers may make the works in

accordance with such certificate as if such omission, misstatement, or

wroug description had not been made.

Copies of declarations, 8. Copies of any such alteration or correction thereof, or extracts therefrom, certified by any such Surveyor-General in whose custody the same may be, which certificate such Surveyor-General shall give to all parties interested when required, shall be received in all Courts of Justice, and elsewhere as evidence of the contents thereof,

to be evidence.

Additional land may 9,

The undertakers, in addition to the lands authorized to be taken compulsorily, or to be appropriated by them for the purposes of the market under the powers of this and the Special Act, may appro- priate any lands vested in them, or may contract with any person willing to sell the same for the purchase of any land within the limits of the Special Act, not exceeding in the whole the prescribed number of acres for extraordinary purposes, that is to say :-

be taken for extraor-

aiuav puposea.

For making convenient roads and approaches to the market, and

for providing houses and places for weighing carts.

For any other purpose which map be necessary for the formation

or convenient use of the market.

Undertakers, subject 10. Subjdct to the provisions in this and the Special Act, and any

to the provisions of	this Act and the Sye- Act incorporated therewith, the undertakers, for the purpose of con-	cial Act, may execute structing a place for holding a markct, may execute any of the
the works herein
named. following works (that is to say)-They may enter upon any lands described in the Spccial Act, or the Schedule thereto, and other lands purchased by them or belonging to them, and set out such parts as they think necessary for the purposes of the market, and thereupon from time to time build and maintain such market-places or place, and such stalls, sheds, pens, and other buildings or conve- niences for the use of the persons frequenting the market, and for weighing and mmsming goods sold in the market, and for weighing carts, as they may think necessary: they may from time to time, on such lands as aforesaid, make and maintain all such roads and ap- proaches as they may think necessary for the convenient use of the persons resorting to the market.
Undert8kes-a to mako
satisfaction for 11. In the exercise of tbe powers by this or the Special Act granted, the undertakers shall do as little damage as can be, and shall make full satisfaction, in manner herein and by the Special
damage done.

Act

33" & 34" VICTORTB, No, 20.

Markets Chazlse~ Act .1870-7 1.

Act and any Act incorporated therewith provided, to a11 parties in- terested for all damages sustained by them by reason of the exercise of such powers.

12. Before the market shall bc opened, under the provisions of Before the market

the Special Act, the nndertakcrs shall give not lens than ten days to s, given by the , shall be oponod notice

spicuous place within thewlimits of the corporate town or district established under the Acts relating to District Conncils within which such market has been establisheci.

notice of the time when the same will be so opened; and such notice ~ ~ l ~ r t a ~ ~ a.

shall be given by the publication thereof in the South Australinn

\

12. After the market-place shall have bcen opencd as aforesaid, Saleofgooda on whicl~

every person who shall sell, or expose for sale, in any place within tolls pay able

the prescribed limits, except in his own dwelling-place or shop, any &uC-Cr(cf.dr~S	#
articlcs in respect of which tolls arc by the Special Act mthorized

to be taken in the market, shall for every such offence be liable to a	S f4
penalty not exceeding Forty Shillings: Provided that such prescribed limits shall not extend beyond such limits as are fixed by the Special Act.

14. Aftcr the market-placc shall have been opened as aforesaid, Market dnys.

the undertakers shall hold markets therein on the prescribed dnys (if any), and on such other days as the undertakers shall appoint from tivnc to timc by any by-law, to bc made in pursuance of this or the Special Act.

15. Every person who shall assault or obstruct any person ap- Penalty obstruct.

poin ed by the undertakers to superintend t l c market, or to keep ingmarket-keeper.

order therein, whilst in the execution of his duty shall, for cvery

such offence, be liable to a penalty not exceeding Forty Shillings.

I6 The undertakers shall provide sufficient and proper weighing P r o ~ e r wcightfi and

houses or places for weighing or measuring thc cornmoditics sold in ZT,"?; the market, and shall keep therein proper weights, scales, and measures, according to the itandarc1 we'l,gh& and measures for the time being, for weighing such comiao&ties as aforesaid, and shall	,	;	E",&.	;	'	:
appoint proper persorls to attend to the weighing or measuring such
commoditics at all times during which the market is holden.

17. All the powers and authorities whic11 any Corporation or District Powers of Corpora- tions and District

Council now has, or may hereafter have, to make and enforce snni- Oouocila as to sanitary tary regulations, and to enforce the usc of propcr and legal weights inspection, and weights and measures,

exercised withstanding; and every person who shall obstruct or hinder any sanitary inspector, inspector of weights and measures, or other officer of any such Corporation or District Council, in thc execution of his duties, shall be liable to a, penalty of not exceeding Five Pounds for every such offence. 18. Every

and measures, shall and may be had and exercised in any market tobe

constructed under this Act within the limits of such Corporation or m3rke"-

330 & 34" VICTORIB, No. 20.

Markets Cluuscs Ac t.-1870-7 l.

Articles to be weighed

if requested by buyer. 18. Every person selling or offering for sale any articles in the

market shall, if required to do so by the buyer, cause the same to be weighed or measurcd by the weights and scales or measures provided by the undertakers, and any such pcrson who shall refuse, on demand, to cause such articles to be weighed or measured in manner aforesaid shall be liable to a penalty not exceeding Forty Shillings.

Peualty on persons	19. E~ery	person appointed by the undertakers to weigh or
appointed refusing to

weigh.	measure any articles sold in the market who shall refuse or neglect
to weigh or measure the samc when required shall be liable to a
penalty not exceeding Forty Shillings,
Undertakers to keep
proper maohines for	20. The undertakers shall provide sufficient and proper buildings or places for weighing earts in which goods are brought for sale, and shall keep therein machines and weights proper for that purpose, and shall, from time to time, appoint a person in cvery such building or place to afford the use of such machincs to the public by weighing such carts, with or without their loading, as may be required.
weighing carte, laden
with goods.
Tolls not to be de-
manded until market	21. Unless it be otherwise provided by the Special Act, the under- takers shall not demand or receive any stallage, rent, or toll until the market-places or place in respect of the use of which the same
completed.
shall be demanded shall be completed and fit for the use of the yer-
sons resorting thereunto.
Ce*ificateOftaOJuc
tices to be evidence	22, A certificate under the hand of any two Justices resident market is established and not being themselves pecuniarily interested in such market, shall be conclusive evidence that the market is com- pleted and fit for public use as aforesaid; and any such Justices shall sign such certificate on proof being adduced to their satisfac- tion that the market place is so completed and fit for public use,
that market ia com-	within the limits of the Corporation or District Council in which such
pleted.

Stallaps, h when

to be paid. 23. The several stallages, rents, or tolls, payable in respect of the market shall be paid from time to time, on demand, to the under- takers or the collector, or other person authorized by the undertakers to receive the same.

24. The tolls payable in respect of weighing or measuring mar-

before pods neighed, ketable commodities, or carts with or without goods, shall be paid &a. to the person authorized by the undertakers to weigh or measure the

same by the persons bringing such marketable commodities or carts to

be weighcd or measured, before the same are weighed or measured.

Tolls in respect of

cattle market when	25. The tolls in respect of cattle brought to the market for sale shall become due as soon as the cattle in respect whereof they are demandable are brought into the market-place, and before the cattle are put into any pen, or tied up in such market-place; and if the cattle be not removed within one hour after the close of the market another toll shall become due in respect of the cattle so omitted to
due.
be removed. 26. The

33" & 34VICTOR12E3, No. 20.	89
Markets Clauses Act.-1 870-7 1.

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26. The undertakers may from time to time change the stallages, Toll89 Bc.1 m ~ b e varied.

rents, and tolls to be taken in respect of the market, or for weighmg and measuring, provided that the stallages, rents, and tolls in no case exceed the arnouqts authorized by the Special Act: Provided that no increased charges shall be enforced until after twenty-eight days' notice has been given iu the 8otcth Aust~alian Gowwment

Gnxette of such intcnded increase.

27, Every person who shall demand or receive a greater toll than Penalty on taking ex-

that authorized to be talrcn under the provisions of this or the Special cessive tolls, &C.

Act shall for erery such offence be liable to a penalty not exceeding

Forty Shillings.

28. If any person liable to the payment of any stallage, rent, or R c o o ~ o v of tolls, &C.

toll authorized by this or the Special Act to be taken do not pay the same when demanded, the undertakers or their lessee, or any person authorized by the ~xndtrtakcrs or their lessee to collect the same, may levy thc ssrnc by distress of all or any of the cattle or other articles in respect of which such stallage, rent, or toll is payable, or of any othcr cattle or other articles in the rnarket belonging to the person liable to pay such stallage, rent, or toll, or unde-r his charge, or such tolls may be recovered in any court having competent jurisdiction.

29. Every person who shall assault or obstruct any person Penalty for obstruct- ing collector, &L

authorized to collect any stallage, rent, or toll authorized by this or the Special Act shall for cvery such offence be liable to a penalty not exceeding Forty Shillings.

30. The undertakers or their lessee or lessees shall, from time to List of tous to beset

time, cause to be painted on boards, or printed and attached to ~ P , ~ ~ ~ ~ ~ ~ ~ P ~ ~ ~ ~ ~ ~

boards, in large and legible characters, a list of the several stallages, rents, and tolls from time to time payable under this and the Special Act, and shall cause a board containing such list to be conspicuously set up and continued in the market, and in each weighing-house	provided by the undertakers, to which each such list shall relate, and	no stallage, rent, or toll shall be payable during the time such list is
not so set up, or for anything not specified therein: Provided always that if such list shall be dcstuoyed, injured, or obliterated, the stallages, rents, and tolls ~ k d continue to be payable during such time as shall be reasoilably required for the restoration of sxxch list, jn the same manner as if such list had continued in the state required by this Act.

3 1. The undertakers may, from time to time, make such by-laws for B Y - ~ B W ~ all or may any LW of the made

as thcy think fit, for all or any of the following purposes, that is to purposej be&

say-For regulating the use of the market-place, the buildings, named.

stalls, pens, and standings therein, and for preventing nuisances or obstructions therein, or in the immediate approaches thereto: For fixing the days, and the hours during each clay, on which the market shall be held: For regulating the carriers resorting to the market, and fixing the rates for carrying articles carried therefrom, within

the

33" & 34" VICTORIB, No. 20.

Markets Clauses Act.-1 870-7 l.

By-laws may be

altered from time to	the limits of the Special Act: For regulating the use of the weighing
time.	machines, provided by the undertakers, and for preventing frauds in
the use thereof, and for preventing the use of false and defective
weights, scales, or measures: For preventing the sale, or exposure for sale, of unwholcson~e provisions in the market. And the under- takers may, from time to time, as thcy shall think fit, repeal or alter any such by-laws: Provided rtl~vnys, that such by-lawn shall not be repugnant to the provisions of this or the Special Act, or of any Act incorporated therewith; and such bylaws shall bc rcduced to writing under thc common seal of the undertakers, if they be a body corpo- rate, or the hands and seals of two of the undertakers if they be not a body corporate; and, if affecting other persons than the officers
and servants of the undertakers, shall be printed and published as
herein provided.
By-laws may be en-

forced by imposition 32. Thr undertakers, by the by-laws so to be made by them, may

of penalties.	impose such reasonable penalties as thcy shall think fit, not evcecding Five Pounds for each breach of such by-lams: Provided that every such by-lam shall be so framed as to dlow the Justices before whom any penalty imposed thereby shall be sought to be recovered, to order the whole or part only of snch penalty to be paid.
No bp-law to come

into operation until 33. KO by-laws made under the authority of this or the Special

allowed in the man -	Act (except such as may relate solely to the officers or servants of
ner prescribed, and
approved by the	the undertakers) shall come into opcration until the surne shall be
Governor.	approved by the Govemor in executive Council: Provided that all such by-laws shall be laid beforc Parliament for fourteen days beSprc being submitted to the Governor for approval.

intention to

apply for allowanoe of 34. Provided always, that no such by-law shall be allowed in man-

hp-laws to be given. ner herein mentioned, lmlcss notice of the intention to apply fbr an - -.

allowance of the same shall have been $veil in one or more news-

papers (if any) published within the li~nxts of the Special Act, aad

in the South Awtmlian Gnvernnze?at Gazette, one month at least

beforc the making of such application.

A copy of pr~posed

by-lnws to be open 35. For one month at least before any such applicationyfor allow-

for inspection.	ancc of any by-law, a copy of such proposed bylaws shall be kept at the principal office of the undertakers, and shall be put up in some conspicuous place in the market-place, and all 'persons at all reasonable times may inspect such copy, and may bake any copy thereof without fee or reward.
Publication of by-
lawe.	36. The said by-laws shall be published in the prescribed manner, and when no mamer of publication is prescribed, they shall be printed, and the clerk of the undertakers shall give a printed copy thereof to every person applying for the same, withoutj charge,"arld
a copy thereof shall be painted or placed on boards, and put up in
Borne conspicuous part of the principal office of the undertakers, and also in some conspicuous place in the markebplace,and such boards,

with

33" & 34" VICTORIB, No. 20.

with the by-laws thereon, shall be renewed from time to time as occasion shall require, and shall be open to inspection without fee or reward; and in case the said clerk shall not permit the same to be inspected, at all reasonable times, he shall, for every such offence, be liable to a penalty not exceeding Five Pounds.

of this and the Special Act, when so published and put up, shall be on all pnrt~es. 3'7. All by-laws madc and confirmed, according to thc provisions By-laws, tq bo binding

binding upon and be observed by all parties, and shall be a sufficient

warrant for all pcrsoils acting undcr the same,

38. The production of a written or printed copy of the by-lams, Proof o f bylnwa and

purporting to be authenticated by the common seal of the under- publicat'"

takers, if they be a body corporate, or purporting to be under the

hands of the undertakers, if not incorporated, or any two of them,

shall be evidence of the existence and making and publication of

such by-laws, in all. cases of prosecution under the same, withoht

further proof, unless proof be adduced by thc party complained

against that such by-lams were not duly made and published.

39. If any person shall have comtnlitted any irregularity, trespass, Tender of amends.

or other wrongful proceeding in the csccution of this or thc Spccial Act, or any Act incorporated therewith, or bv virtue of any power or authority thereby given, and if heforc actidn brought in respect thereof such person make tcndcr of sufficicnt tlrncnds to the person injured, such last-mentioned person shall not recover in any such action; and, if no such tender hwvc been made, the clefendant may, by leave of the Court, where such action is pending, at any time before issue joined, pay into Court such sum of money as he thinks fit, and, thereupon, such proceedings s l d l be had as in other cases where deiendants are allowed to pay money into Court.

40. The clauses of the " Railways Clauses Consolidation Act," " B a i l ~ s C l ~ u ~ e s

Consolidation Act."

with respect to the recovery of damages not specially provided for, A, to damage" to be

to Justices, shall be incorporated with this and the Special Act; and	and penalties, and to the determination of any other matter rcferrcd $ { \ ~ F p ", " C ~ ~ ~ ~ ~
such clauks shall appii to the market and thk undertakers, respectively, and shall be construed as if the word " undertakers " bad been imerted therein instead of the word L' company."

41. All things herein or in the Special Act or any Act incor- Special Magistrate may act in~tead of

porated therewith, authorized or required to be done by two Justices, J, , ~ ~, ~ ~,

may and shall be done by any Special Ma,gistrate of the said Pro-

vince.

42. The undertakers shall at all times after the expiratio11 of six Copies of fipccial ~ c t to be kept by Under-

months after the passing of the Special Act, kecp in their principal dertaker% at their

office of business a copy of the Special Act, aud the undertakers shall ofica

keep the said copy of the Special Act, and shall allow all persons in-

terested therein to inspect the same, and make extracts or copics

therefrom without fee or reward.

2E 43, If

Markets Clauses Act .1870-7 1.

Penalty on Under-

takers for not keeping 43. If the undertakers fail to keep as hereinbefore mentioned,

copy of A C ~	for in-	any of the said copies of the Special Act, they shall forfeit Twcnty
rrpection.	Pounds for every such offence, and also Five Pounds for every day afterwards during which such copy shall not be so kept.

Proceedings for re-

covery of tolls,	44. All tolls and dues, penalties, fines, and forfeitures, and sums of money incurred or imposed by this Act, or by the Special Act, or any Act incorporatcd therewith, or by any by-law, made in pur- suance thereof, may be sued for and xecovered in a summary may, before any one or more Jnstices of the Peace (not being interested
penaltiee, $c.
in the subject-matter), and every person feeling aggrieved by any
conviction or order under this Act, or any such by-law, shall be entitled to appeal therefrom under and according to the laws in force within the Province for the time being, for regulating summary proceedings before Justices of the Peace.
Proceedings to be	45. No fine, penalty, or forfeiture, shall be recovcrablc by and under any of the powers given by this Act, unless proceedings shall be commenced or taken for the samo vithin one calendar month after the commission of the offence.

tnken within one	*
month.

EerMaje8ty

not to bo affcoted.	46, Provided always, and be it enacted, that nothing herein con- taineii shall be deemed to affect or interfere with any right, title, or interest of Her Majcsty, Her Heirs, and Successors, or in any way to limit the Royal prerogative.
of Sectione 26 and

26 of Ordinance 7 47. So much of an Ordinance, passed on the seventh day of

and No. ls; September, one thousand eight hundred ancl forty-four, intituled

andof Ordinance No.

8 of 1847, not to An Ordinance for regulating the Police in South Australia," as

to spedal let. relates to the establishment ot markets, and the making of regula- tions for the same, and the forming of stalls or standnigs in the market houses; and also a certain Ordinance, passed thefirst day

of May, one thousand eight hundred and forty-seven, intituled An F

Ordinance for the establishment and regulation of Markets,'' shall

not apply to any market established under the provisions of any Special Act.

Exception of persona

from certain penalties 48. Notwithstanding the provisions of any law in force in the said

during market hour^. Province, no person resorting to any market to be established, ' under the provisions of this Act, between the hours of one and

seven of the clock in the morning, for the purpose of loading goods purchased in such market shall be liable to have any fine or penalty imposed upon him, by reason cf his having caused any horse, cart, carriage, waggon, truck, or other vehicle, to stand or remain in the public streets adjoining any such market; unless it shall be proved, to the satisfaction of the Justice or Justices hearing any charge or inforination in that behalf, t,hat the actual passage of any person, with or without horses and vehicles, alcng such streets, was thereby prevented.

Appointment of Mar-

kets in Corporate 49. Notwithstanding this Act the 'Mayor and Council of any cor-

Towns and Dietrich. . porate

33" & 34" VICTORTB, No. 20.

Markets Clauses Act.-1 870-71.

-

porate town, or the Council of any district established under the Acts relating to District Councils, may, by petition, apply to the Governor to establish a market within the limits of such corporate town or district; and the Governor, if i t shall appear expedient to him that subh inarkct should be so established, rnay, by proclama- tion published ia the Sazsih Australian Gor~ernnlent Gazet t~, appoint such market accordingly, and fix the times and places for holding the same.

50. The I)vIayor and Council of any corporate town, or the Council Mayor and Council or District CounL,ii to

of any district as aforesaid, within which any market shall have been .,,~i,t ,a,,, , for

established as provided by the last cln.use, rnay appoint by-laws for reguln- md make

such officers as may be necessary for such market, and may, from tion of Markets.

time to time, make, constitute: an-d ordain, repeal, vary, and amend

such rules, orders; and bylaws as they shall think fit and necessary

for the better regulation and management of such market, and for

the cleansing, letting, occupying, and using the market places or any

parts thereof, and also for ordering and governing the officers ap-

pointed as aforesaid, and all other persons, both buyers and sellers,

thereto coming and resorting, and all matters which concern, or

relate to such market, and may thereby impose such pecuniary and

other penalties and forfeitures as may to them seem expedient, on

persons offending against such rulcs, orders, and by-laws, or any of

them; and all such penalties and forfeitures may be recovered

beforc one or more Justices in a summary way, in the same manner

as if the same had been imposed by this Act: Provided that no

such pecuniary penalty shall exceed the sum of Five Pounds for

any one offence: Provided also, that no such rulcs, orders, and by- Proviso.

laws shall have force or effect till ten days next after the same shall have been approved by the Governor in Council, and by his direction published in the Governmgtt Gazette, and shall have been painted on boards in legible characters and affixed in some conspicuous place in the market, to which the same may apply, which boards shall be rencwcd as often as the same may bc defaced

so as to be illegible.

apply to or affect any market heretofore lawfully established by the poration Market. 51. Nothing in this Act contained shall be deemeci or taken to Saving of City Cor-

Corporation of the City of Adelaide.

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

this Act.

JAMES FERGUSSON, Governor.

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Adelaide : By authority, W. C. Cox, Government Printer, North.terrace.