Municipal Corporations Act 1861 (SA)

ANNO VICESIMO QUARTO ET VICESIMO QUINTO

'VICTORTB REGINB,

A. D. 1861.

No. 16.

An Act to consolidate ccnd amend the Laws relating to the Corporation

of the City of Adelaide, and to enable towns und places within the Province qf South Australia to be incorporated under the

provisions hereof.

[Assented to, 29th November, 1861.1

4REAS it is expedient to consolidate and amend the Laws E + w ~ I @ ~

constituting and relating to the Corporation of the City of

WH" Adelaide, and that the provisions of this Act may be extended to

towns and places in the said Province, as hereinafter provided-

Be it therefore Enacted by the Governor-in-Chicf of the Province

of South Australia, with the advice and consent of the Legislative

Council and House of Assembly of the said Province in this present

Parliament assembled, as follows :-

l. This Act may be cited as L & The Municipal Corporations Act, shOrttiUO Of Act*

1861."

2. The Ordinance and Acts specified in the table fdlowing, shall Ackrepeafed.

be and the same are hereby repealed, that is to say-

No. and year of

Act, Title of Act.

No. 11 of 1849 An Ordinance to constitute it Municipal Corporation for the

City of Adelaide.

No. 9 of 1851 An Act to postpone for six months the first elections or ap-

pointments af officers and other persons under the Ordinance

to conetitute a Municipal Corpwstion for the City of

Adelaide.

2 0 No.

No. pnd year of

Act, Title of Act,

No. 23 of 1852 An Act to alter and amend the Ordinance No, l 1 of 1849-To

constitute a Municipal Corporation for the City of Adelaide.

No. 23 of 1854

An Act to alter and repeal certain Lams relating to the Cospo-

ration of the City, and to make further and other provi-

sions in lieu thereof, and to confer further powers on the

said Corporation atld on the Cauncil fox the time being

of the said City.

An Act to amend a certain provison of the Act No. 11 of 1849

--To constitute a Municipal Corporation for the City of

Adelaide.

An Act to amend the Laws relating to the Corporation of the City of Adelaide, and also to regulate the slaughtering of sheep, calves, wine, and goats in the said City, and to prevent certain nuisances therein.

No. IS of 185f An Act to alter and amend Ordinance No. 11 of 1849-To con-

stitute a Municipal Corporation for the City of Adelaide.

No. 17 of 18% An Act to regulate certain buildings and for preventing mis-

chiefs by fire in the City of Adelaide.

Provided as follows-

Aota repealed by re-

pealed ~ a t s not to Ebst-No Act or Ordinance heretofore repealed by the Ordi-

revive.	nance and Acts in the foregoing table specified or any of'
them shall revive by virtue hereof:

Bepeal of Acts to	Secondly-The	Corporatioil a	-	of the said City shall not
work no prescnt &a-

bility . be subjected to any disability whatsoever by reason of such repeal; but the Mayor, Councillors, and Auditors, and all officers elected or holding office under the said Ordinance

and Acts repealed, shall contiilue in and hold such offices

subject to the provisions hereof: 'l'hirdly-Nci

Indemnity for any	suit or other proceeciiug shall be prosecuted against	.
thing dune under re-

pealed A&.	the Corporation or the offlcers thereof, or any person acting in execution of the repealed Acts, for any thing heretofore
legally done:

Pro~eedings corn-

l?oorthly-All proceedings rvhich rnuy have been commenced

menwd before t h i ~

Act, may be continued	under s u r h Ordinance and Acts or any of	them, before the
under the repoded

Aata a this AC~. operation hereof, may be continued and completed under such Ordinance and Acts.

& t ~ c * e e n ~ to City. 3. The Corporation of the said City shall have and exercise the

several powers, authorities, duties, and i&munities imposed or eon-

ferred by the several Acts foliowiry, within the limits of the said

City ; and 80 much of No. 19 of 1844, intituled An Ordinance for

replating

. ".

a%

regulating the Police in South Australia," 8s shall be applicable ta

t'he said City, that is to say:-

No. and year

of Act Title of Act.

-

No. 5 of 1840 An Act to regulate the Slaughtering and prevent the Stealing of

Cattle.

l No. 2 of 1844 I

. An Ordinance to authorize the levying of fees on the Slaughter-

ing of Cattle in South Australia.

I No. 13 of 1843 1,

An Act for establishing Standard Weights and Measures in the Province of South Australia, and for the prevention of the use of such as are false and deficient.

An Ordinance to amend An Act for establishing Standard

Weights snd Meaeures in the Province of South Australia,

and for the prevention of the+asc of such as are false and

I deficient.

No. 10 of 1845	An Ordinance to regulate the Sale of Bread in South Australia
No. 16 of 1845 I	An Ordinance to regulate the use of Weighbridges and Steel-

yards.

An Act to consolidate and amend the Laws relating to the

impounding of cattle.

No. 8 of 1847.	An Ordinance for the establishment and regulation of Markets.
No. 19 of 1853	An Act to provide for the licensing of Public Conveyances, and

to prevent the wanton ill-treatmcnt of horses and cattlc.

/ No. 1 of 1851 1 An Act to amend An Act to provide for the regulation and licensing of Public Conveyances, and to prevent the wanton ill-treatment of horses and cattle.

No. 9 of 1860 intitule? " An Act for Property occasioned by

loose in the Province

provisions in lieu

thereof.

No. 9 of 1861 An Act to amend th;

4. The Act specified in thc table following, in thc respects, A c t ~ c w o ~ ~ d.

and as to the sections tbepSn.set forth shall be incorporated herewith,

that is to say:-

Numbera of sections

ncorportlted, each num-

ber inclusive,

- . -

As to the purchase of Lands by A, ascement 6 to 8, 12 to 14

As to the purchase of Land otherwise than 18 to G8

by agreement.. ..................... 1

As to Purchase Moncy or Compensation. .	G9 to 80
A s to cntry on Lands ..................	84 to 92
As to small portions of inte&ected Lands..	93 and 94
As to Lands subject to Mortgage.. .......	05 to 101

As to Lands subject to Lease .......... 106 to 110

As to interests in Lands omitted to be pur-

chased ..........................

As to Landa purchased not ultimately rc- 1

quired far the purpose8 ~f this Act. ...

As to forfeitures, peaalties, and costs .... 1

5. The

5. The mbject matter of this Act shall be amaged under the following heads :-

I. Boundaries of city and wards.

rr. Citizens-Their incorporation, qualification, and enrolment.

e

rrx. City Council-lib	constitution and functions.
IT. Auditors.

v. Disqudiflcation, retirement, and election of the Mayor, Coun-

cillors, and Aaditor~. Oaths, re~ignation,	and cesser ot
offlce, and supply of vacanciee,

VI. Council proceedings and minutes. b

vr1. Officers appointed by the Corporation.

VILI. Map of the city.

IX. Red atate of the Corporation.

X. Park Lands and public reserves,

XI. Public Establishments and works,

XII. Municipal regulations.

XIXI. Financial.

xxv. Miscellaneous Provisions.

xv. Other Corporations.

Baupldaries. I. Boundaries of city and wards

~oundarim of city.

6. The boundaries of the City. of Adelaide shall be those defined

in Schedule A, until Parliament shall otherwise direct.

Iloundaria of war&. '7. The said ' city shall be divided into four wards, to be known

respectively as Hindmash Ward, Gawler Ward, Grey Ward, and Robe Ward, the boundaries whereof are severally defined in

Schedule B,

8 waatft markato be np. 8. Durable and conspicuous marks, denoting the boundaries of

the said city and of the several wards thereof, s h d be eet up.

C;tc:tiae~lc- 11. Citizens - Their incorporation, qualification, a d en-

Iacorpc~ra6ion. q i b n t :

ma ~&pabiiit;.ea W. under the style of I' The Corporation of the City of Adelaide " (here- ~arneo~inoorporation 9. The inhabitants of the said City shdl be a body corporate

inafter designated the Corporation), and by such name shall have

-perpetual sulcceasion and be capable at Law, by- h

&er

after mentioned, but in the name aforemid, to hold, acquire, and C+'&--	IllcarpwaabtM.	*
possess lands, tenements, and hereditaments in fee simple or for any	- - -
term of years or othenvise), goods and chatte S, and to grant, demise, \	assign, or otherwise dispose of the same, to sue, implead, and answer,
and to be sued, impleaded, and answered in dl Courts, and before all Judges and Magistrates whomsoever, in all actions, &W, suits, disputes, causes, and matters whatsoever, and to do and suffer all such further acts. as may be done and suffered by virtue of their incorporation and as are in this Act set forth and authorized to be
*done and suffered.
EM.

10. The Corporation may h a ~ e and w e a common seal.

11. Ever person of full age, being resident within the said Pro- Qual iWbfi*

vince, w d o n the first day of October in any year, shall be geized of QunliRoatiOn be

or occupy any land, house, warehouse, counting-house, or shop within	enrolid tts
thc said city, either as owner or tenut, and whose name, as such
owner or occupier, slmll b e inserted in tG assessment hereinafter	directed to be made, shall be a citizen of the s a m a member of

the Corporation, and entitled t	x	enrolled on the citizens' roll,
under t6e provisions of this Act.

12. On or before the twentieth day of October in each year, the Emhwfl"

Town Clerk shall cause alphabetical lists of all persons in each of The citigcnl,

the wards. entitled to be enrolled as citizens under the; ~rovisions of

this Act, to be prepared, and such lists, being thereupon ~igned by the Mayor and Town Clerk, which they are hcreby authorized and required to do, shall form and be called he Citizens' Roll," whenof the Town Clerk shall cause a sufficient number of copies for the pur- poses of this Act, to be forthwith printed or copied, and one of such copies to he affixed on one or more conspicuous buildings in each ward; and he shall deliver any one or more of snch copies to any citizen applying for the same, on the payment of a reasonable price for each copy.

13. No person, unless so enrolled, shall be qualified to be elected N,"g$f"6:&?

to any office, or to vote at any election under thie Act.	t o vote.
No &m, @or dpebht

14. No alien nor any person in the receipt of public relief or alma, ofp,,blio

nor an) person who being assessed shall not have paid all such n h ~ a w i n u r w C

rates, directed to be levied urider the provisions of this Act, as shall be enrolled.

have become payable before the time of his application to be en-

rolled, shall be entitled to be so enrolled.

15. Any person, whose name shall have been omitted from such w f o r i - t i o n of and objeotiona to

citizens' roll, may claim to have i t inserted thereon; and any citizexi, .,,,	,	dtisenrr' .
whose name appears on such roll, may object to any other person as mu* not being entitled to hwe his name retained thereon.

2 P 111. city

111. City Council-its constitution and functions:

16. By and from among elected, in manner hereinafter e enrolled m-itizens shall be

vided-one person to be the Mayor,

and for each of the said four a1 wards, two Councillors.

Who Bhall cowtitate	17. $%,h Mayor and Councillors shall constitute a C o ~ c i l	for the
a couoil.

good government of the Co~ora t ion~ the management of the affairs

thereof, and the exerciKwit7;in the said city of such powers and autho-

rities as by t h A c t shall be vested in or delegated to the C - a -

~tgtea.	tion; and such Council shall be called	The Council of the Clty af
AI-6laide."

Auditors.	IV, Auditors:
Two auditors for the

city to be C ~ O M ~. 18. For the due examination of the accounts of the said Corpo-

ration, the citizens of all the wards, shall annually elect two

Auditors, as hereinafter provided.

l.i&ctioas.	V. Disqual%cation, retirement, and election of the Mayor, Councillors, and Auditors: Oaths, resignation, and ceaser of ofBce, and supply of vacancies:
Diequalifloations for

claction to office o f 19. No person being a regular Minister of any religious congre-

Mayor, Councillor,	gation, nor any person who shall hold any office or place of profit
and Auditor.	(other than that of Mayor) tit the gift or disposal of the Council, or who, by himself, his partner, a otherwise, shall have any interest in
any contract with or employment under such Council, shall be elected as Mayor, Councillor, or Auditor of the city: Provided that no person shall be disqualified from being a Mayor, Councillor, or
Auditor as aforesaid, by reason of his being n proprietor or share- h o l h of any public company which shall contract with the Council for any of the purposes hereof.

btirement from	20. On the first day of	ember in every year the Mayor and
ofhe, how regulated.

four of the Councillors and two Auditors for the said city, shall

respectively go out of office.

Retirement &m 21. The Councillors so to retire shall be those who shall have been

O'*J how the longest in office without re-election, but in cases when the period of office shall be equal, they shall retire by ballot.

B&in of ATsyor, 22. U p n the first day of December in every year, the citizens shall elect from among themselves a citizen to be Mayor, and the citizens of the respecti.ve wards one cf their number to be a Coun- cillor to supply the place of the retiring Councillor, and shall also in like manner elect the Auditors for the year ensuing; and for the election of Mayor and Auditors votes shall be taken at meetings which shall be held in all the wards.

Caunci~ms,	srra
An&kRe.

*'&'4& 23. Every such election shall be held before a Councillor or other

person authorized by the Council, but no &ndidate shall so preside.

24. No

I

24. No citizen shall be entitled to vote at any such election until he Elections.

shall have paid all rates which shall have been declared six months

Rates to be paid prior

previously, according to the provisions hereof, and which shall then

to voting,

be payable by him in respect of the property for which he may claim to vote; and any citizen, or collectors of rates appointed under this Act, may object to any person attempting to vote who shall not have paid his rates,

25. Subject to the objections authorized to be taken by collectors of rates as hereinbefore mentioned, no inquiry shall be permitted at any election as to the right of any person to vote a citizen, except only as follows, that is to say-The presiding officer may, or ahall if required by any two citizens entitled to vote in the same ward, put to any voter, at the time of his claiming his voting paper and not afterwards, the following question and no other :-- " Are you the person whose name appears as A. B. in the citizens' roll now in force for this ward, being registered therein as rated for property described to be situated in (here specify the street described in the citizens' roll)?" No person required to answer the said question shall vote until he shall have amwered the same in the affirmative; and if any person shall wilfully make a false answer to the question aforesaid, or shall poll or offer to poll more than once at the same election in the same ward, or shall personate aqy other person for the purpose of polling at such elections, he shall be deemed guilty of a misderneanor.

may be put to votere.

Only queetiona which

26. Every citizen entitled to vote in the elections aforesaid may give a separate vote in each ward in respect of the property for

Citizens ma vote

separately H or

property in each wwd,

which he is assessed therein and has duly paid the rates according

to the provisions hereof.

27. Every election for Mayor, by ballot, and shall be conducte	cillors, and Auditors shall be	Ellections to be by
ballot.
e several wards in the manner
prescribed and set forth in the	n force for the time being for

regulating the election of mem the House ot Assembly for

the said Province, so far as the

poses hereof.

ay be applicable for the pur-

Notice king day of

28. Seven clear days, at the least, before the day by this Act appointed for the retirement and annual election of the

nomination of can&*

data to be given,

Mayor, Councillors, and Auditors, the Mayor shall cause

notice to bc given of a place, day, and hour for the nomination of

candidates for election to the said several officesr, such day of nomi-

nation not being later than three days before the said day of annual

retirement and election.

Porm of nomination

29. The nomination of the Mayor, Councillors, and Auditors, respectively, shall be signed by two citizens, and by each of	whom to be mah,
the persons therein nommated, in terrtimony of hie consent to be

Put

BZeciim~.	put in nomination, and to act, if elected, and such nomination shall be in the Form in Schedule E, or as near thereto as circumstances map admit; but no nomination shall he acted upon unless the same shall haye been lodged in the office of the Tovn Clerk bcfore noon of the day fixed for nominations as aforesaid.
Proceeding on day of

nomination. 30. On the day cf nomination, Iayor shall attend at noon at the

Corporation Acre, within the sni	at which time and place he shall
cause all nominations so lodged i	ffice of the Town Clerk publicly

to be opened and read aloud,	shall be such number only of
candidates so nominated as are	d to be elected, and no more,
the Mayor shall declare su+:h	es to be duly elected to serve

in their respective offices f o ~ t pal year, commencing on the

first day of December nest	But in the event of there
being more candidates nomi	are requircd to bc elected,
then the Mayof shall adjour
such elections until the

cause public notice of such thereof,

and the names of the sevcral	in nomination, to be
given daily until such first

fioceediw for elec-

tion of Mayor, Couo- 3 1. Should no nominzttion of candidates for the office of Mayor,

cillors. and Auditors. Counc$or, Qr Auditor, or cithcr of them, take place for want of

to be nominated.	if 0 i t C O the assent, in writing, of any citizen to. be nominated to office, within the time fixed for public nominations, and on its being so notified by the i\layor, it Shall be l i t ~ ~ f ~ l for the citizens to Gect any qualificil person who shall be nominated thereto without his consent; and the election shall in all other respects be as provided in this Act, oncl he held at a period not exceeding fourteen days &xt after default.
oath o f d k i m
and declnration of 32. No person elected to be Mayor, Councillor, or Auditor under
ofice to be tsken this Act, shall bt: capable of acting as such until he shall have first
hefore acting
Mapor, Councillors, read aloud and taken bcfore any two Co~incillors, who are hereby
or Auditor. respectively authorized to administer the same, the oath of allegiance to XIer Majesty, Her heirs and successors, and shall in like manner have made and subscribed the declaration following (that is to say) :-" I, A. B,, having been elected Mayor QT m e of the Auditors for the City of Adelaide, or Councillor, for ward, in the City of Adelaide, do hereby declare that I take the office upon myself, and will duly and faithfully fulfil' the duties thereof accord- h g to the best of my judgment and ability."
Mayor for timebeing
to be a Justice of the 33. The Mayor for the time being shall be a Justice of the Peace
pewo for the Pro. for the said Province so soon as hc shall be duly sworn as such.
vince. Ertmardit.lar;p va- , rnncy in ofiiaa of 34. If any extraordinary vacancy shall occur, in the office of M& or, Co~anciXtor, or Mayor, Council~or, or Auditor, the citizens entitled to vote
d i ~ r - h o w fill, shall, upon a day to be fixed by the ~ouxicil (such day not to
UP.

be later than fourteen days from the occurrence of such vacancy),

elect

elect another qualified citizen to supply such vacancy; $U& -

election shall be held, and the voting and other proceedings ui ca$e bf a contest shall be conducted in the same manner and subject to'the same regnlations as are hereinbefore prescribed with respect $0 the election of Mayor and Councillors; and every citizen 'so elected shall hold such office until the time at which the Mayor, 'Coun- cillor, or Auditor, in room of whom he was chosen would regularly have gone out of office, and he shall then go out of office, but be capable of re-election.

35. I n case no election shall be made of Mayor, Councillon, or ~ ~ l v i s i o ~ ~ iuddsa a t

Auditors; upon the day or within the time appointed by this Act for any	ateotion
made on not dry being ap.

pointed.

such election, or such election being made shall afterwards become pletion of such election, may be done, and shall be as effectual and valid for all purposes, as if the election so dehyed had been made on thc proper day appointed for the same to have taken place.

void, whether such omission or voyddance shall happen through the

officer who ought to preside at such election, or by any accident, or

other means whatsoever, the said Corporation shall come under no

disability by reason thereof, nor be prevented from proceeding as

sooil thereafter as conveniently may be to an election of such Mapor,

'. " ***

36. All the powers, authorities, and jurisdictions by an Act of : ~ ~ > ~ ~ $ ~ ~ g

Parliament, of the eleventh year of the reign of His ?;ate Majesty inconvewcee from

King George the First, intitulcd " An Act for preventing incon- ~	~	~	"	,	$	~	~	~	e
veniences arising from the want of election of Mayors, or other chief court. appointed by the charter or usage for that purpose," and directingin what manner such elections shall be afterwards made, given to Her Majesty's Court of Queen's Beach, in cases where no election shall
be made of the Mayor, Bailiff or Bailiffs, or other chief officer, or
officers of cities, boroughs, or towns corporate, upon the day or within
the time appointed by charter or usage for that purpose; and that no election is made pursuant to the directions in that Act prescribed,
o f such election being made shall afterwards become void, as in that	Act mentioned, shafi, and the same are hereby extended to the
Supreme Court of the said Province in all cases in which no election shall be made of any Mayor, Coui~cillor, or other corporate officer, or other person to any corporate office, on the day or within the time appointed for any such election under the provisions of this Act.

37. The Supreme Court is hereby empowered in all such cases Mandamus.

to award a mandamus, and to cause such proceedings to be had Buprcm aurtam.

thereupon, and to make such' orders and to do all other acts, matters, P wered to award

mandamus for elec-

and things in respect t*hccrof as fully and effectually as the said Court	tion.
is now by law authorized in any other cases of mandamus for the election of any officers of corporation; and the elections under such mandamus shall be held and the proceedings thereon conducted
within the said city in the same manner, and under the like " regda- ~

2 Q % Oj."ne

tions and provisions as are in the said Act of Hi8 late Majesty King

Oeorge the First enacted and provided.

oaths of U@.

All elective offioera of

the Corporation to 38. Every citizen who shall be duly elected to the office of Mayor,

take oath and sub- Councillor, or Auditor, shall accept such office by taking the oath

&be declaration of

oBce within five

and making and subscribing the declnrntion aforesaid within five

dapa,

days after notice of his election, or shall in lieu thereof pay to the Corporation the fine specified in the Schedule of Penalties for the non-acceptance of such office, which shall thereupon be deemed to be vacant, and shall be filled up in manner hereinbefore men- tioned: Provided that all persons who shall have already served such office (or paid the fine for not accepting such office) within five years next before the day on which he shall be so re-elected, shall be exempted from accepting the same office if he shall claim such exemption within five days after notice of his election; nor bhall any member or officer of the Parliament of the said Province, nor any person holding any civil or permanent military ernploynlont under the Local Government, or being a, military, naval, marine, commis- sariat, or ordnance officer, on full pay in Her Majesty's Service. be

liabfe to serve in or to be fined for non-acceptance of any office under

this Act.

hignation oqpay- 39. Every person elected into any coiporate office, may at any

men6 of fine. . '

time resign such office on payment of the fine which he would have

Disquraltjka fron been liable to pay fur non-acceptarm of the same ofice.

for ho2ding o$ice.

Aob working a $L-	40. If any person holding the office o f Mayor, Councillor, or become insolvent, or shall obtain any order for the protection oi his person or goads under the laws of the said Province relating to insolvency, or shall, during his lcrrn of office, compound by deed or otherwise with his creditors, or being: Mayor shall be absent from the rncetings of the Council. for more than one calendar month, or being a C'ouncillor, for mcre than
qualification in
elective officers and	or Auditor, under the provisions of this Act shall be declared
a vacancy of oflice.
three calendar months; or being an Auditor, shall be absent fro111 the said City for more than six caleiidar months, without
have of the Cmncil (unless in case of illness) then, and in every mch casc, such person &all i~imed~stcly become disqualified and shall cease to hold such ofice respectively, and in casc of such a,bsr.nce shall bc liablc to the same fhc as if he had refused to accept the said office, and the Coun cil thereupon shall fbrtlnvith declare such office to bc ~ a c a n t, by public notice, and the said office shall thereupon bccomc vacant; but every person so becoming disqualified and ccasi~ig to hold such office on account of his being declared or becoming insohent accordi~g to the laws relating to insolvency, or being plotected thereunder, or so compounding as aforesaid, shall on obfiining his certificate or on payment of his debt# in full, or being by deed under seal released theilcfimn, be capable (if otherwise qualifir-d) of being re-elected; and every person becoming dis-
qualified' to hold such office on accounts of absence as aforeeaid,
shall an his return to the said city be capable of being re-elected;
ptovided he shall then be otherwise qualified. 41. The

or altogether remit any such fine by reason of any special circurn- for holding t$fi~e. 41. The Council may, at their discretion, reduce the amount of, mptld$eaLfi

stances attending such non-accep tame, resignation, or vacation by Collnci. may romit h e s.

absence of any corporate officer.

42. No person shall act as Mayor, Councillor, or Auditor, without

taking the oath and making the declaration hereinbefore required after aitiqucllifioadon by elective officer8

in that behalf, or without being duly qualified at the time of making no,,	m&euoid their
such declaration, cr after he shall cease to be qualified according to sob-
the provisions of this Act to hold any such officc: Provided that all acts and proceedings of any person so acting as Mayor, Councillor, or Auditor, shall, notwithstanding such disqualification, be as valid and effectual as if such person had been duly qualified.

43. Every application to any Judge of the Supreme Court, for the QW warranto.

purpose of calling npon any person to shew by what warrant he to be

claims to exercise the office of hilayor, Councillor, Auditor, or citizen. made within threo

of the said City, shall 4e made 'before the mh of three calendar mon"h8.

months ~ f t e r the election of, or the time when the person against whom such application shall be directed shall have been disqualified, and not at any subsequent time. 6

44. Unless three lncmbers are present no meeting of the Five of the Council

Councfl shall be constituted for the transaction of business; and theplingofbg-lan.	may do all acte except
except the passing of bylaws llercinaftcr mention~d, all acts to be done by the Council, and all questions of adjournment or other questions that may come before such Council, may be done and decided by the majority of members present.

VI. Council proceedings and minutes:	imp and Minutes.
C'ourrcs'lr P;oceed-

45. At all meetings of the Council the Mayor, or in his absence &m,; rc8ide in

such Councillor, as the members assernblcd shall choosc to be Council WL prent.

chairman, shall preside, and such presiding chairman, in all cases ~ ~ ~ ~; t ~ ~ ~ ~ ~, e y

of equality of votes, shall have a casting votc only. chouen.

46. Minutes of the proceedings of all such meetings shall be drawn Mbute ceed~nga book to be kep. pro-

up and fairly transcribed into a book to be kept fbr that purpose,

and shall be signed by the Mayor or other chairman; and mch minute book shall be open to the inspection of any qualified citizen at all reasonable times.

17. The Mayor in all cases of emergency may call a meeting of ~ ~: "; I f ~ a ~, ~ d ~ ~ ~

the Council.

48. Any three members of the Council, by re uisition signed by Meetings of, tohe oallcd on requisition

them for that purpose, may call upon the Ma or to convene a ofanythree

meeting of the Council, and in all cases in which the Bfayor &all 3.

refuse so to do the said three membcrs may call such meeting by public	If "aym N ~ W	how
~olled.
notice, to be signed by them, stating therein the titnc and place of meeting and the nature of the business proposed to be transacted thereat.

49. Pmviously

C'22%~- 49. Previously Co any meeting of the Council (except in cases of

-'va iClnutcr+ emergency when the Conncil may bc convened to meet within any

Three da d notico of less time) notice to attend such mccting, signcd by the Town Clerk,

meetisg &xoept in

emergency) to l r ~	shall be sent to each meinber of the Council three days before the
p e n.	day appointed for suck meeting.

Tn oases O f W a e s i - 50. If in consequence of death, absence, or any lawful impediment,

b%y of oBce-bearer

t~ p e a m duties, i t shall not be possible for any Councillor, or for the Town Clerk, or

"V-

iki majority.	any other person, to perform any particular matter or thing, which
by this Act he is directed to perform, the ?;layor for the time being may. appoint any othcr person to perform the same; and if by rcason of death, absence, or any lawful impediment, the Mayor shall be prevented from performing any matter or thing, which he may by the provisions of this Act be required to perform, the Council may either perform the same, or by majority of their votes appoint some other person to .perform it.
Courts ofRevkion.	51. The Council shall constitute an open Court for the revision thereon; ten days' pulhc notice being previously given by the Town Clerk of the time and place of the sitting of such Court; the same shall sit for the purpose3 a.forcsaid on ono or more days, not being later than the twenty-fifth day of November in every year; and such Courts shall have power to award costs, not exceeding Twenty Shillings, against any pcmon who shall prefer an objection which by the Court shall be deemed frivolous,
-

c o t for revi*on or of the citizens' lists, and for bearing and determining the claims of

Citieene' ~ o l l. of such citizens to any other citizen having his name retained the citizens theredf to be inserted 111 such lists, and the objections

Prescribed form of 52. Every claim by any citizen to have his name inserbed on such

elaimr~ and objeo-

tions.	list, and every objection by a citizen to the name of m y other citizen being retained on such list, sllall be respectively in the forms specified
in Schedale C, nor shall any such claim or objection be available
unless, as respects claims. the same shall have been lodged in the

within what time to office of the 'I'own Clcrlr not later tlran the eighteenth, and as

be made. respects objections, not later than the twentieth day of November

in every year.

Alphabetical hts to	53. The Town Clerk shall causc alph~bcticd	lists of all such
be exhibited m each

aIcc day. h- claims and objections to be prcphved and rxhibitcd in some con-

fore revitiion. spicuous place in each of the said several wards for three days at the least prior to the sitting of the Court of ltevision, and shall also

. v

give public notice thereof.

Ofiero appointed	VII. Officers appointed by the Corporation.
by Cotporatabn.

--_ 54. The Cuwkcil may appoint fit persons, not being members

Town Clerk, City thweof, to be Tova Clerk and Surveyor of the said City, and, by

S~lrveyor, Yduators,

,.,	warrant under the hand of the Mqor and seal of the Corporation,
speckm, Clerke. &G.	shall also itppoin t fit persons to be valuators of all property to be sed within, and to be collectors of rates for the said city, and
all such inspectors, clerks, and as they shall think

necessary

' %

necessary for enabling them to carry into execution the varioas powers and duties vested in them by virtue of this Act, and may, from time to time, discontinue the appointment of such officers aa shall appear to them not to be necessary to be re-appointed,

55. All such officers as aforesaid shall hold their offices during pleasure, and give such security for the due execution thereof as the

during pleeaure.

Such oicea to be held

Offlcera required to

Council shall think proper.

find seourity.

56. The Council may order payment to the Mayor, Audifow, Town Clerk, and every other officer to be appointed or employed

Payment of A r y,

commission, or allow-

anms to M ag or and

as aforesaid, of such allowance, salary, or cornmission, as to the

others.

Council shall seem reasonable and proper-the allowance to the Mayor (if any) to be fixed within ten days after his acceptance of office.

57. The Council shall have power to remove fro31 office every

such Town Clcrk, Surveyor, or other officer who shdl be so

appointed as aforesaid; and cvery officer so removed, who shall

S~lch officena to deliver

be in thc possession or receipt of any moncys, goods, valuables,

up all money,pr?perty,

account books, accounts, and papers, belonging to or concerning the

and do~ltfnenta imme-

diately.

Corporation, shall del i~er	up and account for the same immediately
upon such removal.

58. The Town Clerk, or other officer appointed by the Council, shall, at such times during the continuance of his office, or after	after removal from Offlcers prior to and
oBce to account for current businese as
tbe expiration of or rcmoval from his office, and in such manner	Council may reqnire.
as the Council shall di;-ect, deliver to the Council, or to such person
as they shall authorize for that purpose, a truc account in writing
of all matters committed to his charge by virtue of this Act; and	For all moneye re-
also of a11 moneys which shall haw bccn by him received by virtue	ceived and d~~bureed.
thereof; ahd how much thereof shall have been disbursed, and for what purposes, together with proper vouchers for such disbursements;
To fw.nish lint of
and also a list of the names of all such persons as shall not have	persons indebted to
paid the moneys due from them to the Corporation for the purposes	Corporal.ion.
of this Act, and of the amount due from each of them; and every such officer shall pay all such moneys as shall remain due from him

as herein provided.

59. If any such officer shall refuse or wilfully neglect to deliver Summary before two p r o c d h ~ Justires

such account, or the vouchers relating to the same, or such list as ageinst def~\n~bm.

aforesaid, or to make payment as aforesaid, or shall refuse or wilfully

neglect to deliver to the Council, or to such person as they shall

authorize, within three days after being thereunto required by

notice in writing, under the hands of the Mayor and any two mem-

bers thereof, all books, papers, and writings, in his custody or power,

relating to the Corporation or to the execution of this Act, or to

give satisfaction to the Council, or to such other person as aforesaid,

respecting the same, then, and in every such case, upon complaint

made on behalf of the said Council by such person as they shall

authorize for that purpose, of any euch refutl or wilful neglect

2 R as.

\

C

X

& aforesaid, to any Justice, such Justice is hereby authorized and

required to issue a warrant under his hand and seal for bringing

such officer before any two Justices sitting within the said city; and,

upon the said officer appearing or not being found, it shall be

h w f d for such Justices to hear and determine the matter in a summary way, and if it shall appear to such Justices that any moneys remain due from such officer, such Justices may, and they are hereby authorized and I equired, upon non-payment thereof, by warrant under their hands and seals, to cause such moneys

t o be levied by distress and sale of the goods of such officer, and if sufficient goods shall not be fourrd to satifify the said

moneys and the charges of the distress, or if it shall appear to such Justices that such officer has refused or wilfully neglected to deliver such account, or the vouchers relating thereto, or such lists

as aforesaid, or that any books, papers, or writings relating to the

execution of this Act yemain in the hands, or in the custody or power of 8uch officer, and that he has refused or wilfully neglected to deliver the same, or to give satisfaction respecting the same, as aforesaid, then, and in every such case, such Justices shall, and they are hereby required to commit such offender to gaol, there to remain,

Bdaotto be d101ped, without bail, until he shall have paid such moneys as aforesaid, or shall have compounded with the said Council for such moneys, and shall have paid such composition in s~rcll manner hs they shall appoint (which composition the said Council are hereby empowered to make a d receive), or uutil hc' shall have delivered a true account as aforesaid, together with s~lch vmchers and lists as aforesaid, or until he shall have delivered up such books, papers, and writings, or have given satisfaction in respect thereof to the said Council, or to such authorized person as aforesaid, as the case may be: Provided that no person so committed shall be detained in prison for want of sufficient distress only, for alonger space of time than three calendar

Principal not to be months: Provided &so, that nothfng in this Act contained shall

m d . n ~ meeasd prevent or abridge any remedy by action against any such officer so

*aiw'mm.rily*

but surety not released	offending as aforesaid, or against any surety for any such officer;
by eummnrypm-
ceedings against	but such office^ shall not be sued by action, and also proceeded
prinoipa!.	against in a summary way by virtue of this ,4ct for thc same cause: Provided further that no surety shall be released from liability bv v .
any summary proceedings again"st his principal.

'&p of Gib. VIII. Map of the C i t~; I

Council may muse

new and other maps 60. The Council may, from time to time, cause maps of the said

to be made.	city and the suburbs thereof to be constructed, and all or any of the maps aforesaid, or any parts thereof, to be copied or engraved and published and sold as they may deem expedient.
Rmt Eatate of

Catparation. IX. Real Estate of the Corporation:

61. The town acre section of land numbered 203, known as <'The

T O ~ I a ~ r e 20s.

Corporation Acre," in King William-street, within the said city, shall

be vested in the Corporation.

Town &l1 mn be

62. The Council may, with the consent of a general meeting of

the

the ratepayers convened for that build on auch part of the Real E~tats 9

said acre fronting to King Wjlliarn-street as they shall deem fit, a	Corporation.
public edifice suitable for a Town Hall, and the offices of the Cor- poration: Provided that such consent shall not be necessary unless the estimated cost of such Town Hall and offices shall exceed the sum of Five Thousand Pounds.
As to the residue not

'63. As to all land now, or which by virtue hereof or otherwise, built on, power of l e w

may become vested in the Corporation for the general purposes	ing for fifty ye- on
of this Act. and which shall not haw been built upon, the	build& lease,
Council may demise the same on bnilding leases in one or more lots, either by public tender or auction, or after having been so offered without having been leased at the rent reserved, then by private contract for auch rent as the Council may deter- mine for any terms not exceeding fifty years, and at such rents as may be reasonablv obtained therefor, subject to such conditions in regard to the class ind elevation of the houses to be erected thereon by viltuc of any such building lease, as may be consistent with the in~provement of the said- city and the situation of the land dernised;

As to buildings, power
and as to any messuapes or other buildings on the residue of the said	years, on repairing, or
to lease for thirty
acrc, or on any other of the lands of the Corporation the Council	other leau~s.
may in like manner demise the same on repairing, improving, or other leases for any term not exceeding thirty years at such yearly rent as may be reasonably obtained for the same.
64. The Council may accept and have vested in them the use of, and interest in, any prGperty, real or personal, in trust for any public	poses.
Chnrita62e pur-

-

Coqwatiirm may hold

or charitable, but not for religious, purposes, for which any such	gmperty in &us$ for
property may be conveyed, made ovcr, demised, or Bequeathed to	charitable and public.
purposes, an& act no
them in their corporate capacity, and act m trustees in the adminis-	trustees theeof.
tration thereof.

X. Park Lands and Public Reserves.

Park Lands and

pocbl-i reserves.

65. The Park Lands, public roads, bridges, streets, squares, and Park Lands and

thoroughfares within the said City, shall, for all the purposes of this thoraughfarcs undw

Act, be under the care, control, and management of the Council, management of

except the reserves specified in Schedule L): Trovided that the	Council.
Governor, with the advice and consent of the ~xecut ive Couacil,	Except reeer vea in
may, by Proclamation in the South Aust~alian Government Gazette,	Sohedule D.
take under their temporary control and use any portion of the said Park Lands which may b e required for the purpose of military training and exercise, or for other military purposes.

66. By virtue of the powers and management so vested in them Power to coumil to carry into effect im*

as last aforesaid, the Council may fence in or otherwise enclose, level, ,,,,,	in
drain, plaut, form walks and carriage drives, through and over the said Park Lands, or any part thereof, and may construct dams and reservoirs for the retention and formation of sheets of water thereon, or may otherwise improve and ornament the same; and do all auch
further acts and carry out such measures as are dculated for the

adaptatiw

adaptation of such lands to the purposes of public recreation, amuse-

ment, health, and enjoyment, to which the same have been dedicated, lind for which the same so remain vested in Her Majesty and IIer successors.

67. The Council are hereby authorized to grant any such licencesfor

Council may grant

depaatu~ng licences the depasturing of cn.ttle on the said Park Lands as they may deem

for Park Lands.

proper, and to take fbr the same auch fees as they may bp any by-law

or public notice from time to time appoint.

me RBer Toweas,

Conservancy of River

68. The conservancy of the River Torrens, within the limits of the said city, shall be vested in the Corporation, who shall have power, either alone or in conjunction with the Local Government or any company or other persons, to make and erect dams and reservoirs within the limits aforesaid, for the retention of the waters of the snid

Torrcns,

river, and the ,expansion thereof, for such ornamental and other

pnblic purposes as the Council may deem proper.

69. The Council may declare any portion of the River Torrens, within the limits of the said City to be rescrved for the supply of water for the public use.

No refuse, &C., may 70. No person shall put into the water of the said river, within

be put into river. such limits. any offal, carrion, filth, or offensive matter, or bathe in any portion of such river other than such as shall be appropriated by the Council for that purpose.

Band and gwvd 71, The Council are empowered to grant licences for the removal

licences. of sand and gmvel from the bed of the snid river, under such restric- tions, and at such fair and reasonable price per load, or mch sum for thc enjoyment of that privilege by the week, month, or year, as the Council may determine.

XI. Public Establishments a,nd Works.

c O l ~ c i l

pubtic baths. establish 72. The Council n ~ n y establish or permit the estnblislinm~t of

public baths and washhouses, and may frame by-laws regulating

the same.

~ l a ~ g h t e r h o ~ ~ may

be licensed. 73. The Council may issue to person a licence to keep a

slaughterhouse for large or small	or pigs, at any place within
thc said city; and every licen	son shall liable to all

the rules, penalties. and disab	d shall do and perform
all things which by an Ordinanc	in the fowth year of the
reign of Eer present Majesty,	" An Act to regulate the

slaughteiing and prevent the ste of cattle," any persons there-

under are required to do, and t	ey are subject and liable;
and, after the passing of this A	not be lawful for any per-
son to slanghter any cattle	reat or small, within the
said city, except at some sl	itablished or licensed by

the

the Council; the fees for and for such licences, when ,. - - -.

not otherwise provided, to

74, The Council may license said city for the sale therein within the ~snqarrawfa

cattle, c ~ ~ e s, Iicemd.

and other vehicles.

75r The Council may let on lease by public auction or rivat;e 116qiet by mtioa ot privata aanttaat for

contract, for any term not exceeding three years, and at suet rent fimyM, tha

or rents respectively, as they may deem fit, the entirety or any lesg trrety, or my las	porhon of eny ublio
portion of any slaugtiterhouse, market, bath, or wash-house, with tGe	8hUghtefhOUBe, L,
fees, tolls, does, charges, and profits incident to any such establish- ipent, or any part thereof respectively, to any fit and responsible tenant with whom, and on whose behalf, any two or mow suficieut sureties shall jointly and severally covenant with the Corporation for the payment of rent and fulfilment of the covenants to be con-
tained in any lease to be granted as aforesaid, and for the due
observance of all by-laws and regulations affectin the establish-

ment, or any part thereof. which may be so demise f Pub& ~ o r t c m ~ i d j

76. The Council may canse such fountaios ss they may deem me Q ~ I I C U ~.

neccssmy for the public convenience and hcalth to be made and ~ ~ t ~ ~ b ~ c f o ~ *

constrticterl in or u m n nnv of the miblic streets or places within

the sitid city; and accept inhd take th care and mai~a@ment of any

fountain or wiitercourse which may be surrendered to them

for public use; and cause all such fountains and w.&rrcourse

to be, irom time to time, altered, enlarged, repaired, and cleansed

as the Council may deem proper.

77. No person shall injure any such public fountain, or any F o r h k v b ttkn* t a b, C.,

tap, or cock, or water or other pipe belonging thereto; or use or keep in his possession any private key for the purpose of opening

ally RUC'J tap or cock; or shall, in any manner, clandestinely or

unlnwfiilly. appropriate to his use, any water from any public faun- tail1 or pipe, or open, or leave open any tap or cock of any public fountain, so that the water sllall run to waste, or shall wash	thereat, or shall wash any animal, clothes, or things thereat, or use	the same otherwise than for obtaining water therefrom in a proper
and cleanly manner.

78. The Council, by cont&t or otherwise, as they may deem h y d k g.

proper, llli\y cause the several streets, thoroughfares, squares, and E * , : ; ; ; ; ; : ? ;

public places withiu the said city, or such of them as they shall think therwf, witboil wp	.
fit, to be lighted with gas, oil, - r otherwise, during snch times as they light
lamp-posts, litnip-irons, gas-pipes, and other works and materl$lb i s	may deem requisite; and, in ! ike manner, msy provide such lamps,
may be necessary for that purpose; and may mmufs,cture, or con-
tract for the mnaufwture of gas, for lighting such streets and puI$c

places, and provide or contradt for gasometers, and d x~sqluia@ ap-

paratus and maehioery; and appropriate, purchase, or rent (wbje~ft

2 8 to

to the provisions beyeof) any land which may be necessary for the

establishn~eut of such danufacture. I

Cantraatm em-

powered, under the	79. The Council, oi any company or peraon with whom the
direction of the

Council, to lay pipe6	Council may contract, !or lighting tlm said streets and public places,
through Itreeta.	or any of them, may, ahder the control and direction of the Council, and the fi~~erintendende of the City Surveyor for the time being, break up within the said city thc soil or pavement of any s t r e e and fix and lay h r e i n such'lnmp-posts and pipes as may be necessary for the purposes aforesaid,' and inay cause the same to be fixed upoil or against the exterior of in)- houses or buildings, or the wdls or fences thereof, within the lirnik afcwesaid; but neither the Council, nor any person with whom they may contract, shall lay or carry any gas- pipe, or other materials'or work, throngb any private building, en- ciosure, or land, within h e said city, otherwise than according to the 'provisious herein contaihed for the ncqukition of land and premises
for new streets, except, with the consent of the owner. 1

Council myp Temove

and alter n u b e r of 80. Subject to any cbntracts, tile Couilcil may cause m y Ifimps

temps, and nature of	to be taken duwn and relrioved io m y other place witliin the said city,
the li&t &orded.	and to be altered as to the mode of giving light thereby, and any
material used therefor, and to be increased or diminished in number,
from time to time, as they may think fit.

" Bdfore neral light- 81. If a,z any t i m hefore the said city shall be so mliolly or chiefly

ing of t '% e city, power

to light atreeta aad	lighted as aforesaid, the mbjority of the ratepayers of any principal
parts of the city at
the joint expense of	street, cr of Rny district or ward, shall be desirous that the same
inhabitants of ~uch
Corporation and the	sl~oulcl, be ligllted with lalpps, the Council mny cause the sa111e to
be EO lighted, either under e i ~ c provisions herein contained or other-

streets, to. .

wise; find may, n d are h6reby authorized, as to one moiety of the

Expense, how to be	expeuse to be so incurred, to defray the snme out ni the general rate
defrayed.	and Corporntion fund for t lk time being; but if such fund shall not be sufficient, then by a special rate under the provisions hereof: and, as to the other moiety of the expense of li~liting such street,
district, or ward, the same sllall be paid by the ~ul~abitmts thereof,
rateably either according. to their assessments for the general city rate or according to Ihe h e a l frontage of' the premises lighted, and
either frotn year to year or for such number of years, and upon such terns and conditions as the Council slid1 determine; and the moiety of the expense aforesaid inay be collected, and shall bc recoverable, rateably from each of the iallabitttnts of thc said street, district, or ward, by any collector of rates or duly authorized officer of the Cor- poration, nnder any of the provisions herein contained for the collec- tion and enforcin payment:of the general city rates, or on the order
of the Mayor or ' ff 'own Clerk.
Smsrage a d

Drainngs. 82. Whenever it may be d ed expedient to execute wo~ks for

Counoil empowered . the sewerage and drainage of said city, the Council mav cause all

0 execute works for weesssry trigonometrical qr r surveys to be made of the area of

e w t raze, &C., of the

city. -the said city, and levels to be u for that purpose; and, as to the

works to be so sxecuted, shall cause 811 pro	lans of such drainage
and sewerage on a scale of not less than six	s to a mile, together

with books of reference, containing the na	owners, lessees, or
occupiers of any land or waterco~lrses	or into which such
sewerage or dr&nage may be intended	r which may be re-

quired to be taken for such purpose b	o be deposited
for public inspection in the ofice of	and shall give
all such notices and do such ncts as	iiied in respect

to land and premises required tlnd i t:~lreii for the site

of any new or altered street, before	clmiuage shall
be proceeded with.

Control over all public

83. The control snd superint within the said city shall be	f dl public sewers tlie Couucil, with	erwers and draina
vested in Council,
with power* to alter,

power to alter, amend, and e	same from time to	&c.
time, under the provisions here	d that, if the com-	Private drains severed
by alteration, to be
munication of any private drain	ublic sewer shall he	continued to mdn #ewer.

severed or impeded by any such n or other works, the

Council shall, at their ;wn cost, such private drain to

the amin sewer, or ir~to so~ne bra 11 cormexion therewith,

so as to afford the owner or occiipier of	private drain the same
use tliereof as theretofore enj oyc

The Council and con*

84. The Council, in carrying an works as last aforesaid tractora may break up %

into execution, may, by tliemselves or	contractors, bcenk up any	etreeta for conatruotioon	J ~ ~.
-.
of sewcrs,
pu hlic or private street wit1 in the sa	and sink therein treuches	'..
%L,. .., '

for the construction of eufficietlt s or drains; but, after b

the construction thereolf, shall imm	fill in such trenches and
other excavations which may be c	y A U C ~ works, and i~iake h*,

good, level, and rei11sta.t~ the sur vernent of any public or

private street which mty have	ced i n the execution of	%	-	J	.	"
such works; and shall, during tl	thereof, fence any place	* I
where the ground shall be trencl	nted, in such manner as	9

to prevent danger or accidents rs, vellicles, horses, or f \?

cattle, and shall keep such fence ciently lighted during

'4

the night. r-* i

.,

?I * * X

85. The Council sllall	common sewers within	Counail to repair and
cleanse sewers, not

the said vity in sufficient same to be properly creating any pubiio

emptied and cleansed, therefrom to be nuisance.

emptied on any publib street &hin	said city, for the purpose
of removal; but if any offeusire se	sllall be left above ground,
without being removed to such	ss may be provided under

the provisions hereof', for the spac	hours, the same
shall become and may be dealt	nuisance, and all
offending parties be liable to ind

Private Dradna

and Xezoer~.

86. The Council shall, and th ired, prior to any

public sewerage and draiuage ed, to make and "uncg by-laws for privaG p ~ y i d e b r

p888 mwmge.

fib* P a i n s p m &U tLeCessary and roper by-laws for the purposes follow-

's, and X ~ i h r ~.

J", i.ng :-

1 l

r. For regulating construction of branch, or private sewers,

and theo ications thereof with main common sewers:

11. For the repairs cleansing thereof, under the direction

of the City

1x1. FOP to be discl~arged iuto the common

tenements, &C., at the expense

Owncm land7 87. Any owner or upier of Iniids or haildings without the

g.%	withnut the boundaries
map make drains, &C., boundaries of the said but contigaous to thc course of any main

7 to ~arnrnunicate with public sewer, may private drain or sewer fkom such land

V main sewers.

W&, or buildinss to be const~ubted so as to discharge itself into s~lch main

sewer, suqec t to such re& as the Council sllzll determine.

PuEiZic streets.	XII. Municipal Regulations:
What shall be deemed

publio etmeb. 88. The streets :tnd roads fixed at the original setting out of the

~ i t e of the said citv RS delineatet1 on the public maps and plans de- nosited in the o%& of the Survcvar-General of the said I'rovince.	4
and such streets and roads ss ha& h e n &cc opened -- cad dedicated to the public, or surrendmwd to and G p t e d by the C'orporati:oni

l	rt public street, or which may hereafter be so surrendered and nc-
cepted, or which may be forrrred by the Council by virtue hereof, .
shall be deemed public streets.

Pomationandr@rs,

&C., of public atreeta, 89: The forlnetion; repair, and ordering of all public streets,

a. ways. P R S ~ & ~ ~ S, and waterc~nrses, w i d h thesaid citv. sbU be ua&r

t ~ ~ o f i h e Q o r p o ~ t ~ o n.	the manngenimt a d direotioo of the Council, and b e execu&d
under the inspeation mud superintendence of .the Burveyor of &he
c~ty for the time being.

s q u m e ~ ~ atreetsg and

Public plaoee to be	90, The Council shall cause all squares, and public streets, and necessary.
aligned.	places within the said city, to be correctly aligued, and the breed&
of all footways to be determined in such manner ns may be fouud

P l w a o ~ ~ t r e e ~ m t o u t 91.	A	plan, under the hand of	the hfnyor and City Surveyor, of
showing breadth of

owria e and footway, every street or part of street, or p b h c place, wllich shall be so set to a. fepo&tcd in out, showing thereon the breadths of the carriaqew y cud footways

Town Clerk's office. therein respectively, shall be deposited and ke{t at the office of tlio Town Clerk, who shdl, 011 cvery such deposit, cause public notice thereof to be given, wllerei11 shall bc stated the deficed breadth of the carriageway and footwags in such street respeetivdy.

C o u n c i l m a ~ ~ ~ ~ ~	9% The Ccuncil may open, i~wlce,	alter, widen, divert, turn, or
alter streets, and take

la*	h+, that	extend m y new or other street, court, or alley, or public place,
PU~W+	witldn the mid city; and for anv of such purposes (subject to the powers, providoea, and restrikioau hereinafter contained),

e&r

Pztdkic Streets.

enter upon, take, purchase, and hold, all such	messuages, lands,
tenementis, and herediianielits, of any tenure as	111ay be necessary
for effecting the same.

Suwe J of site of ne.w

93. Wl~enever the Council. shall deem it expedient to make, street or a~bmtions

open, alter, widen, divert, turn, or extend any new or otller sweet,	to be made, and plan
m k of refetxnce, and
court, alley, or public place as aforesaid, t h y shall cause ft sirrveg	zstimatt? deposited
and plan describing the exact coursc, bewings, and admeasuremeats	with T o m Clerk for nspwtion, and notica
of such intended new street, diversion, extension, or alteration, and	hereof to be given. ,:
the messuages, lands, tenements, and here(1it:imetlts required for the purposes thereof; togctller with a book of reference in which shall
be entered the names of the owners and occupiers of such messuageu,
land+ tenemeots, and lweditan~ents, so hr as known, mtud the des- criptlon of the said lands, teneulents, and hereditaments, and the quantity of such lands, and an estimate of the expense of the work to be deposited in the office of the Town Clerk, and shall also cause a notice to be published in the Goxette, and in the daily newspapers of the said city, describit~g generally the same particulars, and referrine to such plan, book of reference, and estimate, as being opeu for inspection at tile office of the Town Clerk, aud calliug upon all persons affected to set forth in writing and to leave with the Towtr Clerk, within thirty days from the first puhlicrttiou
of such notice, any objections to such opeuing, mnking, nltw.ing,
widening, divertin% turning, or extendins, s s the case may be; and such may, plan, book of reference, and estimate sl~all retnain open for such inspection as aforesaid at all reasonable hours from the publication of the said llotice until the expiratiomof the said thirty days.
A t the Council nmt

94. At the next meeting of the Council to be held after the ex- after notice anv per-

piration of sucll thirty days as aforesaid, it sl~all be competent for eon affected m y ob-

any person who shdf be affected by any such proposed opening,	ject.
making, altering, widening, divertin% turning, or extending, and who shall have set forth in writing 111s objections as aforesaid, to appear before the Council, and be heard by himself, his counsel, or agent, in support of such objection.

Seven days' notice to

95. The Town Clerk shall cause to be inserted in the daily newspapers of the said city for seven clear days prior to the sitting of	be given by Town
Clerk of aitting of
such Couiicil a notice specifying the place and time for such sitting;	Council.
and that any person who sball have duly lodged my written objjee- tion to such intended uew street or works zn accordance witk the provisions hereof, may at such Council be heard by himself, or his counsel, in support of such objection.

After expirat ion of
96. If, after the expiration of such thirty days, and the due consideration of objectiorls (if any) it shall appear to the Couucil	thirty daya end
con5ideration of objec- tions (if any), Council
expedient to proceed with the work, either wholly or in part, the	n a y make an order to
Council shall make an order directing soch opeoiog, making, alter-	proceed
ig, widening, diverting, turniug, or extending, or auch part thereof

2T &B

as they may deem expedient to be executed according to S$& plan

ancl estimate as a,fores&d, and sball cause such plan, estimate, and

order to be trawmitted along with such written objections (if any), for the eonsidertskion of the Local Court of Adelaide of full jurisdic-

tion; and it shall be lawful for the said Local Court to confirm

such order by notice published in the Gazette.

97. No street, unless forty feet in width (such width to be as-

centnined by measuriog at right boglea to the course of such street

from eont to front of the bruldings or proposed sites for buildings

on either side thereof) shall, after the passing hereof, be formed

within the said city. li

Publio &m&,	h,	98. The Council may ay they shall think proper and necessary
footwas h,	to be

kept in repsir by the	cause the public streets. roads, ways, footwavs, foot-crossings, pas-
Oomcil.	s ~ e s, and place& in the said city to be respectively paved, flagged,
macadamized, improved, repaired, and kept in good condition with such materials as tlm Couilcil shall think proper; and to be raised, lowered, or altered in such manner as ;he- Council shall deem proper, and may came all necessary sewers, gu tkers, drains, and watercourses to be made. along or under the said several public streets and other public places, and vary and alter the snine from time to time in such manner as the Council shall think proper.
While ttrset ie under

repair, City Snrveyor 99. The City Surveyor, during such time as m y street or

may put up bars, &a	plwe witbin the said city shall be auder repair, or during the making or repairing of any sewers or drains therein may prevent the pas-
sing of carriages, carts, drays, horses, and cattle whilst such works rand repsirs are in progress, by causiug such fences or bars to be
placed on or across any such streets or public places as lic may
deem proper: Provided that sucll Survc-cvor shnll, auring the timk
that such fences or bars shnll be con~inued, cause to be affixed thewon such lights during the night as &all be sufficient to pre-
vent injury or danger to carrii~ges and passengers.

100. Where my land which shall or abut upon any pub-

lic street within the said city shall not in or enclosed to the

srtti~fmtion of the Coancil, the	writing under the
hand of the Mayor or T o w	such land, so fiw

as the same shall adjoin or be enclosed

with a substantial wooden

more rails in each pnnnel; or that the snid land be codosed in

such other manner nild with such otl er mztterials arid within such

time as to the Council may appear expedient; and the owner

of the said land, after due service H him of such order, shall

iu sue11 manner and within such time S shall be expressed therein,

at his cos&, charges, and expenses, .ell and sufficimtly fence or

qthrwiee* enclose in manner aforesn d, to the satisfaction of the

oourt, or alley. ,Quncil, so'mueh of t'ha mid kwd as sh 1. 1 abdt upon any such street 101. If

10 1. If my such owner shall neglect to fence in or otherwise Ptd& stre4tr.

enclose any such land in the manner and within the timo expressed In dcfmlt of fencing

in such order, the Council may fence in and enclose such lands or by ownestha CounGil

such parts thereof as shall iiot have been fenced in and enolosed ma~completethe same at his expense,

pltrsuant to the said order, and cause an account of the expenses and order repayment.

thereby incurred to be ascertained and payment thereof demanded

from such owner; and in defi~ult of payment of the same within

twenty-one days from such demand, the'Connci1, by writing under

the hand of the Mayor or Towu Clerk as afores&d, may order

paymek~t thereof by such owner.

102. The Council u~ny cause to be painted or colored, or may affix ~g;~~~ ,"y~ f~, ", "~~ ;~

up011 the walls of m y house within the said city, ally board orwplate, or public notice on

having painted thereon tllc i~ame of any street or ylacrb, ur such anyh0use.

notice as may be coilducive to the public convenience, or inay affix

on such house any letters in wood, iron, or other nlaterial by which

such names of streets or notice may be expressed so RS to be clearly

legible.

103. l'he Cotmcil may assign a number to efich house in every Council may assign a the said city, wllich nmnber the occuA number to each house.

street and p~tblie place &thin

pier of every ssnh liouse is hereby required to paint or'nffix upon the door thereof within fo~uteen days after uotice to that eff'ect, signed

by the Town Clerk or City Surveyor, shdl have been served on

such occupier.

104. If any well, Ilch, excavation, or any other place, for want Dangerous wdt, h h, or excavtktiwa need my

of a sufficieili fence or enclosure, sl~nll be dangerous to persona ,,,c ,tree t, , , ,

p~singalong any public street, thoroughfwc, or. place within tile said	may, after notice, be :
f e n d in, &+G., by

city, and the same witbia twenty-four hours :~f't~'r ilotice to the owtrer council cost of

thereof to crime the mnie to be forthwith eiicluscd, covci-ed, or i2led the owur,r.

in, shall not be sufficietitly fenced, enclosed, or other~vise secured

so as to be no longer dan&reroua, the Council rimy enclose, cover, or

fill in the same, ~ n d in any such case the expenses of so doing

s l d be paid by the owner to the Corporation upon the ordw

of the Council, under the hnnd of the Mayor or Town Clcrlr:

Provided that if the exigency of tlie case sllnll require, the Council

may, without notice and a t the expense of any such owner, to be rec'overed as aforesaid, forthwith enclose? cover, or fill in any such dangerous well, hole, escnv:~tion, or other place.

105. The Council n ~ v. fi-on1 time to time. muse anv ~ u b l i c street Comcil mar muse

Y l 7 . l

any strcct CO bz

within the said city to be watered, and tl~ey are llercby authorized to lode

cl~$oy such men, horses, aiid water-carts as mny be ilcccsmry fbr and collect ratc fur

that purpose, And for defraying the expense to be occasiol~cd thereby,	defraying the expense.
to make a sepamtc rate, which n ~ a y be npyortio~red muoilg the inhabitants of any such street, &l,& according to the assessed value of the respectik properties or holdings thereia, or to the libeal frontage of sueeh property or holdings; and for the purpose af
-mlleC:tiqg and enfoeing p ~ p ~ & @ n t. o f suoh rate, .&F, -Council may

. b#poiytc any sach' offfcer or agent as may be necessary, snd may i--

exercise

exercise the like powers and remedies as are herein provided for collecting, levying, and enforcing any general rate to be made by virtue of this Act.

Fooiway8. 106. The Council shall cause the footways in the public streets

kwp coo& within tbe said city to b made, as ne~r ly as may bc practicable, of the

way* in the public

atreets, of the rame same breadth aud levels; and for that purpose, may remove or

i d . reduce any flagging, steps, unevenness of surface, or whatever m y obstruct, render uneven, or contract such footways or any of them.

Council may fence

footway8 for eafety of	107. The Council may erect such permanent or temporary fences, and from time to time paint, replir, remove, and replace the same as they nlay deem req~isit~e tbr preventing the access of cattle,
pammgera.
horses, or vehicles to any of the footways, and for the general safety
of foot passengers, and the prevention of accidents.

Jnflag&~ of footway 108. If any person sball be desirous of flagging, paving, ,gravel-

the directions neces *

to be obscrreJ. ling, or puttiug n cwb-stone to any footpath, he sha\1 leave notice in writing of such his intention at the ofice of the City Surveyor, who is hereby required within three days after the receipt thereof, to furrlish such person with written directions as to length, breadth, height, and incliuntion of such footway; and, if any person shall conlmeuce any such intended work withous giving the noticc herein directed, or shall refuse or neglect to conform to the directions of the City Surveyor in that behalf, any two Justices may order the removal of all work executed ceutmry to such directions.

C~o~~ngplaceflfrom 109. The Council may fix the places at, which crossing places for ublic ~tmeta over

kotwav to be rep. vehicles and anirnals from any public street to private residences,

Wd*l or other premises on either side of the said street shdl be made

over auy footwtiy, and may bv any by-law regulate the width and specify 'the mode in which, alcd the materinls whereof such crossing places shall be constructed.

Owners of property	requiring cnmmunira- 1 10. Upon the application of any owner, or of thc majority in
tion with main street. number of any owners of property, who lnay require n communica- tion with the street by means of such crossing as aforesaid, the Council may permit tlie same to be constructed under tbe superin-

tendence, aud to the satisfa'ction ofthe City Survepr, in conformity

with the provisions of this Act.

I I I. The Couwil, by any writing under the hand of the Mayor or

GWXI~" owners or occupiers require of

pmrni.am to m d r and Town Clerk, may require the owners or occupiers of any premises

vair from main om8Bing atreet. places on either side of any public street to make or repair any crossing place over the footway leading to and from such premises into the said street in confor&ty with the provisions aforesaid, as to the Council may appear neeessa,ry; nod unless the said owners or

piers shall within thirty days after the service of such requisi- show cause to the satisfaction of the Council why such crossing

rsbould uot be so constructed or repaired, or. within rsuch .time e h d

~~t or the 8abe mrQing to the provhhne bereof, the

. c?lmnd

wi th $hat! pm&ded by such order to 4reereefrom o&tme&a,

vell and s~f86eWlp to level, pave, Bag, or msoadamize, repair,

~ l d eonqbte with proper sewerage, so much of the m aid street,

cowt, ar J l e to (the centre thereof ss rnny be opposite to &Q-

Sz-	extensive wit
&-and' eompl~te whatsoever work as aforesaid shall not have { tbeir respective properties aforesaid, -the Couocil may
been dme in purmmnce of and according t~ such order, md may charge each such owner respectively with such part of the expens& incurred in such c q e t i o n as shall bear a fair a d reasonable pro- po3ittim to tb3 to which his property may a h t on such street,
court, or Jley, regsrd being had to the condition of completeness
and repair, or the rwerse, in d l or any of the ~espects aforesaid, in which such street, court, or alley opposite to the property abutting
t h e o n shall be at the time of tKe-6Gvice;T n ~ c h notice; and
direct psvmmt thereof, by writing under the hand of the Mayor or TownwClerh.

117. The Council may adopt all such measures as they may deem

necesmry for the cleansii ~g of' the said city and the preservation of the

Council authorked to

m e a m re- public health, a.& for the prevention and suppression of nuisances;

w e

qdaite

hdth, fir and public to a point and, for the mwe effectudly carryiag such o bjccts into effect, may

~ n ~ ~ t o z a	of &I-	ttppoiut one or more Inspectors, to be called Inspectom of Nuim~ices.
IIUlees.

Imptors of Nui-

sanoea-Powers and	L 18. Evwy. such Inwpector of Kuisances is hereby authorized to of all streets, squares, places, an3 public reserves, witl~in
duciea of,	visit and report upon the state and condition in regard to cleanli~wss

the said city,

a ~ d 8s tO any nuisances affecting the same; and also to visit all

~laughiterhouties, markets, batt~ S, and washhouses, and all butchers'

md ~ t h e r ghops and shambles, and all buildings wherein any offmsive trades m y be carried on, and all breweries, stables, cattle-

yards, cow~heds, hogeties, backyards, outbuildings, wells, ashpits. Mvies, cesspools, and drains, belongiap; to or used with nny

dwelliu iiouae, building? or premise^, within the sdd city, and to ex- a n h e t f e state thereof in r e g d to health and cleenliness, o; in respect of any nuisance.

-Council ma order 119. T h e Council, upou the report of any such h p c c t o r or

prdmto other authorized of3icer in tlmt behalf, may issue directions, in

a d nuieauoes mp-

prewd.	writing, under the hand of the Mayor, for the cleansing of any street snd plaee, and of any buildings or premises within the sad city, and for
the P ~ ~ O V H ~ ofI or abating 1111 uuismces whicll may be there found,
within such time as to the Couucil &dl seem needf1.11; aud if, after the servbe of a copy of such directions upon any contractor for the cleansing the public streets, or upon the occupier or owner of any

rIvate street, or of such buildings or prcmiws, tire same shdl not

Ee oleaased %or urified as required by such directions, mcl an)

nuisawe btsing t 1 erein or mising therefrom, shrrll not be removed or

hb~aed within the tilne therein mentioned, thc chuncil may cause

ito be cleaused, and every such builhg .m premises to

, strd, if wdfd, Els' well m withgut, 'ad May m&

- ~l-

.to Be .removed a w d, and- mny recover the costs and p&;d@dt~.

oxpensss incurred in carrying any of the foregoiug directions into

eEwt froin any sucll oontractor, occupier, or owner, by rtn order of

the eaid Council, under the lmnd of tile Mayor or Town Clerk.

120. The Council s l ~ d l cause the streets, footways, and surfme The Council to

keep streets, footways,

drtlius, within the a i d city to be kept at all times properly cleansed, and S U ~ ~ Q C O drains,

and ali refuse to be duly rn~aovcd tlicrefrom, and shnll cause the proper'yclea'Jaedlnnd cause ashes, &C., from

ashes, filth, and rttbbish from dndlinghouses a d other buildings and ~ O U ~ * I to be remou*.

premises in the mid city to be carried away at convenient hours aid

ti;ws, and all privies and cesspools withill the snitl city to be froiu time to time cmpticd :l.ud cleni~sed in tt sufficient a d proper mtlrmer: Occupier of d w a l h p

Provided that the oceupier of any home, buildit~g, 01- premises m y rng keepnight

keep the nightsoil, ashes, or rubbish, which shall be inade on 111s boil, &U,,	for U~IIILUCB.
own premises, for nisnure, and fi-on1 t h e to time reniore the same,
so that such retentiorz and removal be ]lot a nuisawe to the
inhabitants residiug near such premises, a i d that such removal be made at such times arid in such marmer as shall be directed by the Council.

121. The Cozmcii may employ or contract with any persons fijr ~ ~, " 1 ~ ~ ~ ~ ~; , t

sweeping and cleansillg the strects, for ~*ernoving all rcfusc there- Cc., and rotmvtll of

from, a id fkom houscs and all other premises w i t l h the said city, rtud @" '"fU".

It r

for emptying privies and oesspools,'oo such d ~ ~ y s, aud at wch l~ours, and in such nranoer as the Council mny fronl time to time :~ppoint: and all such scavengers or contmctors nre Iwrehy adlorizcd and

empowered to execute all such works aud doties as thcy umy re- spectively be employed, or shall contract to l~erfcnn, at the times and in the manner prescribed by the Couilcil fbr that purpose.

122. The council may provide places, either within or without Council to :~rovide places for deposit of

the said city, for the deposit of the nightsoil, dung, ashcs, and other nightroil,

filth and rubbish, to be removed and collected nuder the authority,

of t.his Act.

123. The nightsoil, d~tng, ashcs, filth, and rehse, which the The nigIltsoi1, aabcr,

C a u n d s l d l came to bc carried away and collected from the collected. to bo and all rcfmc, so

streets, homes, privies, scwcrs, cesspools~ or elsewhore witltili the qropurt~'of the

Coqoration, and may

said city, shall be the property of the Council. and t>lley shail have beaola.

tbe power to sell and dispose of the saute as they slmli tliiuk

proper, end the iklonegs arising froin the sale thcwof sIinll be

paid to the funds of the Corposatloii.

124. No person other than the persoa employed by, -or cm- K0 w s ~ n b u t c o n - tractors with Council

trrrcting with the Council for that purpose ~ 1 ~ 1 1 collect :md c i l~ry ln remove nightroil,

nwng any nightsoil, dust, ashes, filth, or rubbish by this Act &c-

dirlebted to be removed. -

135. No person sh11 trufer waste or impure water, liquid, or. NO impure liquids to bD suffered te romain

tuatp+; to remafn : 6ithin h - any " building, or , up09 auy yt.oyerky, _

how,, 8ooOI toto

, " '. - ;*

3

wit'hm , ? . , a: % ? ,

within the tmid city, of which he may be the owner or occupier, tor

flow over carriage-	twenty-four hours after notice to him from any inspector of nui-
way, footwa or	sance;, or authorized officer of the Council, to remove the same;
waterchm.net.	or, shall suffer any waste or intp~we water, or liquid matter to
flow upon any footway or carriageway, or into any surface draiu or watercourse, or shall suffer any ogensive overflow, soakage, or leakage from any water-closet, privy, or cesspool within the said city: Provided that water rising through the ground, or from springs
in any cellar and collected therein, not being impure, may be
pumped thewout into the water-chanuel of auy street.
Council may enbr

premises and abato 126. If after twelve ho~urs' notice to remove such impurities, any

nuisance.	of them shall be continued, the Council sl~all have power to enter any building or property i11 or from which any s~lch impurities shall be suffered to remain or overflow, and proceed to do whatever may be needf~~l for the abating of any such nuisance, and pre- venting the continuance or a recurrence thereof, and the expense incurred in so doing shall, upon the order of the Council by writing, under the hand of the Mayor or Town Clerk, be paid by the owner
or occupier of such building or property to the Corporation.
On certi5cate of

medical practitioners	L27. If upon the certificate of any two duly qudified medical
or oath of three

citizens, that place is	practitioners, or on the oath of any three citizens, it shall
likcly to ongeeder	appear, to the satisfttction of the Mayor that any building
disease, Mayor may
require owner to	or place withill the said city is in sucb n condition as may be
cleanae eame.	likcly to en ender and propagate infectious or contagious disease,
and that t p le health of any person is liable to be prejudicially affkctd or endangered by reason thereof, the Mayor is hereby
authorized, by warrant under his hand, to require the owner or occupier of any such building or place forthwith to cleanse! purify,
and disinfect the same, as the case Inay require, to the sat~sfactiou
of any inspector of nuisances or other officers of the Corporation or medical practi t io~e~, as in such warrant shall be named; and if such owner or occupier shall fail to comply with such directions within such time as in the said warrant may be specified, the
warrant, further authorize such inspector, with such assistance as Mayor, on proof of such default, may, by endorsement on such may be necessary, forthwith to enter into any such building or premises in such warrant described, and to cause the same forth- with ta be cleansed, purified, and disinfected, as the case ms,y require, and the expense which may be so incurred, together with a proper fee to each such medical practitioner, dinll, upon the order
of the Council, by writing, under the band of the Mayor or Town
Clerk, be paid to the Corporation by such owner or occupier.

A' " 128. No person shall proceed to erect, take down, alter, or

NO w o n t o corn-	repair any building whereby any street, court, dlev, or footway
menee the

riling down of any	Or within the said city may be obstructed, witllout givhg three clear
owUGtiQn'D'e

&ins by whioh days' notice to the City Survqor of such his intention, uor until there

public places of the city at inexpedient hours.

For preventing mares being covered within the city, except in yards, buildings, or premises sufiiciently enclosed or screened from putlic.view.

RAWKERS.

For , . licensing hawkers trading within the city, and fixing the amounts to be paid

I& - for

for their licences, for the registrtrtion of their names, and the regulation o

conduct.

LIGHTING,

For regulating the lighting of any street or district a t the joint expense of the Corporation and the inhabitants of such street, the assessments for, and the collection of the rates to be levied to meat the moiety of the expense to be paid by such inhabitants.

MAKIEETS.

For the general regulatioll of all markets for cattle and provisions. the tolls, dues, and fees to be received thereat, and the maintenance of good order therein.

For prohibiting forestalling and regrating, and every kind of fraudulent device and practice in relation to the sale of marketable commodities.

OFFlCERS,

For defining the functions and regulating and ellforcing a due performange of the

dnties of officers appointed by the Council.

PAltIL LANDS.

For the rzgulstion and conservation of' the Park Lands.

For licensing persons to depasture cattle thereon, and fixing the fee therefor.

Fo r preventing the driving and the depasturing of cattle upon the Park Lands by

persons not having licences for so doing.

For the more speedy recovery of any such licence fees, either By distraint of cattla deprrsturing, or by impounding and sale thereof at any city pound, subject to agistment.

PARTY- WALLS.

For regulating party-walls, and also the height and thickness of parapets, external walls, end flues and fire-places.

PASSENGER AND OTHER VEHICLES.

For regulating and licensing all hackney carriages, crtbriolets, public conveyances, coaches, omnibuses, spring-carts, or other vehicles of' the like nature, waggons, drays, carts, or other vehicles for the carrying of goocl~ and mercha~dize, plying, kept, or let for hire within the ci ty; and also waggons, drnye, carts, or other vehicles used in hawking firewood and water within the city respectively; and for registering the names of the owners, drivers, and conductors of all such passeilger and other vehicles, and for :he approval of' vwners and drivers before licarlces granted.

A8 TO HACKNEY CARIZIAGES.

For the distinction of vebicles, in respect of fares to be tnken by the owner.

For fixing the rates nnd fares to bc take~l, and the mode of computation of

distances.

For appointing stande for such carriages within the city, and regulations to be observed t hereat.

For enforcing the obligation of owners nnd d ~ i v c r s to convey passenger8 on

demand.

Fo r limiting the number of such pawengcrs (ineitle and ctutside), their baggage

and goods, and regulating fares for childrel~,	and as to taking up and setting down
passengers.

For the maintenance of carriages in proper condition and order, nnd regulating how the same shall be furnished, provided, and kept.

T h e painting of the nsuies of the owners and tlie numbers thereon, and the keeping affixed witlliri the sume authorized tables of fares and distances, and the speed at which they shall proceed.

For providing for the delivery over and disposnl of articles left in licensed carriages.

For compelling the approved owner or driver to be in chnrge of such carriages, and preventing the same from being driven by others, and persons not hiring the same fro111 riding with the owner.

For prevention of sn~oliing in any such carriages, or by the driver thereof.

For prohibiting coffins, containing the corpses of' deceased persons above the age

of five years, from being conveyed therein.

AS TO ALL CARRIAGES*

For punishing the misconduct of the drivers and conductors of, and persoas

attending

attending any of the aforesaid passenger or other vehicles, in carelesdy or furiously driving or racing, or in demanding or receiving more than the legal fare, or in using any threatening or abusive, indecent, or insulting lsuguage; as also for the punishing of persons hiring such vehicles respectively, seeking to avoid payment thereof, who shall fraudulently evade, or attempt to evade the payment of fares.

PORTERS,

For the licensing and regulating of pnrtera and their charges, and the fixing upon

any badge or number to be borne by them.

SUED AY.

For the better observance of.

S I;AUGIITERHOUSES.

For the regulation of sla~~hterhouues, the cattle to be slaughtered thereat.

For the better prevention of the slaughteriilg, both of great and small cattle, except at CJlaughtcrhouses establibt,ed by the Couricil.

For destroying infected cattle which, if slaughtered, would be unfit for human

food.

For destroying unwho?esnme meat. For the maintenance of cleanliness.

For the re~ulatioli of cattlp kept at any slaughterhouse on behalf of the owner,

prior to their being slaughtered, or without, havlng been slaughtered, and the fees

to be taken therefor.

STREETS.

For preventing obstructions O F any streets, footways, water-channels, and water- courses therein.

For regulating the flagging, paving, nnd repairing of the streets and footways.

For cleansing the same.

For compelling thc sacilring, removing, or filling up of any cellar, ways, or

openings, which may now or hereafter be in or under any footway.

SARIT ARY.

For the prevention and suppression of a11 nttivanccv whatsoever, whether specified

in this Act 3r not.

For compelling the owners or occupiers of tallow cl~andlera' shopy. soap faotories,

tanneries, and of' houses, b u i l d i ~ l ~ ~, privies, sewers, or places which may be in an

unwhole~ome or offensive state, or be likely to become so; to cleanse the same as the CounciX may think necessary, in relation to thp health and comfort of the hhabitants of the city.

For the preservation of cleanliness i n public slmghterhouses, markets, baths, and wa&-houses.

For the due restriction and regulation of noisome 2nd offer4ve trades.

For regulating the situations, construction, removing, emptying, cleansing, and

filling up of privies and cesspools.

For compelling the removal of waste- water and impurities from cellars zlnd any other places.

For regulating the removal aud disposal of rigl lit-soil, fi l th, offal, and refuse, and

for the appointment of proper pltrce~, for the deposit thereof.

For the check and prevention of inf~ctioils or contagious diseases.

For the purification of any huoso, bnilrJicg, W place, from the ~ltate of wliiclr, there

isprobablecause to apprehend the engendcr i t~~ of' disease and injury to the public health.

For fixing the fees payable to medical advhere consulted in such cases.

TORlIENS RIVER.

For the conservancy of the banks and bed, and f o ~ preserving frcm pollution the

waters of the river.

For setting apart any portion theroof as ct water-reserve for public use.

WASH-HOUSES.

For the general regulation of public wash-houses and the drying grounds belonging

thereto.

The requisites to be supplied to the perwas hiring the same.

FOITNTRINY.

For regulating o continuous supply of water, without charge, therefrom

For preventing the pollution thereof.

WEIGHBRIDGES.

WEIGHElU3JCtEB.

For regulating the licensing of weighbridges,,

For enforcing the w e of avoirdupois weight8 thereat.

For the prohibition of tbe sale of coals, wood, hay, bark, md articles, add

marketable commodities carted for mle, by the load, unless the weight be firs0

ascertained at a licensed weighbridge.

WEIGHTS AND MEASURES.

For the better enforcing of the use of compared weights and measures, and fba

regulating the use of measures of glass or earthenware, and the suppiesition of auB

as are falsa.

For the regulation of the duties of the Inspector, and the comparison of weights

and measures.

For the introduction of, and regulating the u ~ e of weights and measures (in, acwr-

dance with the standards established by the Imperial Paliament), for the $ale of the

precious metals, precious stones, and medioines, under the provisions of thia Act.

L

SCHEDULE OF PENALTIES. .A

F i e. Imprisonment,

Yontrary

to

Section.	H.i&heSt	Longed
Amount.	Period.
-

City Boundariee-

Wilfully or maliciously puiling- down, removing, concealing,

defacing, injuring or destroying

any of the bounday marks,

described or referred to in them	8
sections ........................... ...

Itt addition t o t b expm6 0f m-

inatating the same. ,............

As to Elections-

Wilfully making false answer t:, question put under this sec- tion; polling, or offering to

poll more than once at my	25
Election; personating another person fox the purpose of polling at any election ...m,..,.............

Oaths and dnnations-

Any ptmon who, in taking any

oath required by this Act, or in Act

making any afflrmation instead	gene-
of suchqath, shall wilfully swear	rdly
or affirm falsely ..................

Non-acceptance of offlce-

Every person (not exempted by

this Act), elected to the office

of Mayor, not takin the oath

of allegiance, and fmlaratioo

of oBce,prescribed hereby, with-	38
in five claye, after notice of his election, shall pay to the Corporation a fine of ............

Every person (not exempted by

this Ict), elected to the ofice of

Conncillor or Auditor, not tak-

ing such oath and making such	l
declaration within the time aforesaid, shall pay to the Cm-

--gaatiar',a fine of.. ............... l

i

BCHEDUZE OF PENALTIES f Continued).

aigllest	Shortest
Amount.	Period.

A h c e (except' in caaes of

il1nesl)-

[f any pareon holding the oace of

Mayor shall be absent from the

@until rneatings for more than

two calendar months, he shall

pay a fine to the Corporation of i

'"2	erron holding the oBce from the Council rneatings for
of ouncillor shall be absent more thanthreecalendar months, 1 I
or being an Anditor, shall be
abmt from the said city for
more than six months, he shall
pny a fine to the Corpora-
tion of .............................
Unqualified persona acting-

peawon acting as Ma or,'

Azonncilior, or Auditor, aider

thie Act, without having taken

the oath and made the declara-

tion aforesaid, or wwthout being.

dnl qualified at the time of

sucz oath or declaration .........

Or after ceasin to be qualified according to h s A& ............

)r after he s h a become diaqusll- Aed to hold any mch office,.....

Poz	e n d o f m e .....................	...
Injuries to Park Lands,-

Wilfully or rndiciously throwing' dowb breaking, injuring or re- moving any boundary marks, gabBB, pBts, fences, or enclosures on the Parkhinds; or injuring or damaging any walk, carriage-

drive, d m, reservoir, lodge,

building, or erection thereon;

or any drain or water-coursc;

or cutting down, injuring, or

removiog any tree, shrub, or l

plant, or any crop of whatever	65 to
kind growing thereon, or any	i l in-

fallen timber lying or heing oil

such lands; or digging, or other-	clusive
wise breaking up or carting
away, or remuving any of the
soil, thereof, or any clay, sand, gravel, or stones therefrom, or any of the turf, or sward thereof, or otherwiee defacing or injuring the snme by depositing thereon broken glass or other rubbish...

E'or each and wery such ofwwe, in

additiwr to fdZ cvtnpenrui5wr for

the damage arising f m n the in.

jwy so committed ..................

Trespass by Cattle thereon-

Driving or depastunng any cattlc

thereon by any rson oat lraving

a depolturhg knee ...........

C... l

SCHEDULE ..

. $85

SCHEDULE OF PENALTIES ,. (Conta'nue$).

_I__

Offence.

LQwost	Bighest	EholtesC
Amount.	Amount.	Period.

l

The River Torrens-

'utting into the water thereof any

offal, carrion, filth, or offensive

mattcr; or bathing therein, ex-

cept a t appro riated places; or

removing san R or gravel from

the bed of the river without	68 to
having a licence for that pur-	71 in-
pore; or in any manner injuring	clueive

the banks of the river ............

'W each o$ewce, in additiola to such cornpensntion aa Justice8 may award .............................

Public Slaughterhouses-

laughtering any bull, ox, steer, heifer, calf, sheep, goat, or swine within the city, except at slaaghtcrhousen within the city, under the control or sanction of the Council .....................

Bazaars-

be selling of any horaes, horned

cattle, carriages, or othervehicles, except a t public marketa, or licensed bazaars, or by auction, orprivatecontract a t any private residence. 1

~ i i f n l l ~

i n s i n g any public foun-7 tain, cock, or water pipe; or 1

washing thereat; or u m g any

private key for opening any

cock; or clandestinely using	I
water from any public fountaia, )	t r pipe; or leaving open an;?

cock of any public fountain so that the water shall run to wasLa

E'er each ofenoe, in- addition to the cost of repairkg any &$jury .... J

Watercourses-

Obstructing or diverting from its ' channel any watercourse, in l addition to the cost of restoring 1 the same t o i t s proper channel..,

Puhlic Scwers-

After having severed any private' drain from a main sewer, fail. lire of the Council, out of the Corporate funds, to continue such private drain to the main sewer, or into gome branch drain

in connexion thcrcwith .......

The Council, or their contractors,' failing t o make good, level, ancl reinstate the surfucc of any pub-

lic street which may have been displaced in the execution of any

sewerage works, contrary to this

Section ..............................

Offensive sewageleft ~ b o v c ground,

for twentyfour hours, without

being removed to aome p l ~ c e

authorized by the Act ............

As to Streets-

Boy street formed of a less width than forty feet .....................

Act .................................

Suffering waste, or impure water,

name .................................

0 5 0 5 0 0

. -. . SCBEDULE

High&	1	S W d t
Amount.	Period.

Public Health and Clcansing

of the City-

nffering any such pumped out waste water to accumulate in the waterdhannel of the street

As to Buildings-

recting, taking down, altering, or) repairing any budding, or part thereof, whereby any street, court, alley, or footway may be obstructed, without giving three	clear days' notice to the City I	Surveyor ...........................
lot putting up sufficient hoards, with a platform and handrail, as required by this section ...... !
)r failing tokeepthe same in good condition ........................... )r to keep the same sufficiently lighted after sunset .,............. )r to remove the same when directed by thecity Surveyor ... ibr each ofetwe ........................,
C every day, while afiy &fault ia
contilzued ........................... 1

Encroachment on Bootwavs

by Buildings-

Lny proprietor, by himself or]

agent, erecting any building

shop, or other building, in the way, or rebuilding any house, I	which ahall project on any foot-
~vliole, or in part, or making any alteration in or addition thereto, I \ 129
other than according to the plan I and
by this Section pmscribed ...... 130
)r not removing every such pro- jecting building, alteration, and addition, made contrary thereto) within one month next there- after ................................ 1
h d weekly, during the con- -
tinuance of such neglect fmm
Che placing in front of any house
the service of such notice ......... 1
or shop n n j verandah or awning less than seven feet in height
above the footway in front of 1
such house .......................... 130

3r fixing the supporting posts

thereof more than three feet

fxom the outer edge of the

curb-stone ...........................

Neglecting to fence and light materials deposited in Streets & Public Placee-

Failing, after notice from the City' Surveyor, to cause any build- ing materials, rubbish, or other things deposited, or any exca- vation made in any public street, court, or alley, to be S&-

ciently fenced in or around, or	131
to keep a sufficient light fixed thereat from sun-setting to sun- rising until such material& or other things and excavations, shall be removed, filled up, or

made permanently secure .......

SCHE~JULE OF PENALTIES f Conthsd).

Imprisonment.

-

IIighest	Shortest	Longest
Amount.	Period.	Period.

-- --

. -

d S. d.

Neglecting to f a c e and light

materials deposited in

Streete & Public Ylabes-

~d for each day such default is	--	0 1 0	0
lontinued ........................... ffering any building materials,
other things, or any exca17a- ion incident to the progress
5 0 0
~f any works or buildings, to	192

.emain in, or adjoining any public street for an unreasona- 1 9le length of time .; ............. .r

For the prevention of Fkes--

le erection of any buildliig, the

external walls and roof whereof

ahali be wholly or in part of

137

wood, canvas, thatch, or other

inflammable material ............

~eputtiogup in any houseany in-]	1
ternal partitions, or ceilings of
calico, canvaa, paper, or other

inflammable materid, or the	137
erecting of spy verandah roofed with wood, canys, or other in-
flammable material
tvering t h roof timbers of any

............... 1'

house W other buildings with

other than materialsrequired by	138
m putting up of any partition of

this Act ............................. 1

wood or any inflammable ma-	139
te?rial between any separate
he failing to remove within rea-

buses or other buildings, ........ l

sonable time of the notice from

the City Surveyor, any existing

partition of inflammable ma-

torids, and replacing the same 199

by proper party-walls, whenever I

the front of any house shall be

taken down or such house be

raised in height ono or more l

stories ............................ J

'he construction of any party.] wall in which there shall not be

a space between the timbers on

either side inserted therein or	M0
supported thereby of at least nine inches, filled up with solid

incombustible material.. ..........

'he putting up of any close fenc-	i
ing of timber, poles, boards, or	l -
other inflammable materials within ten feet of any building \tacking and piling in the open]
air, or storing for sale or otherwise, any hay, strew, or

atch, except on premises li- 14%

ceosed by the Council on the

report of the City Surveyor as 1

Bt for such purposes.., ............ J

SCHEDULE

L89

SCHEDULE OF PENALTIES (Continued).

Imprisonment.

Contrary

A

Offence. to

l

'

Section.	Lowest	Highest	Shortest
Amount.	Amount.	Period.

For the prevention of Bires- ;E s. G?.

iing any pit or place for the de-7 ~ o s i t of ashes constructed of l

ky other than incombustible mnterials, and which shall not I

be carried up on all sides with	5 0 0
the same material, two feet above the surface of the ground. ghting any fire or depositing any ashes liable to kindle in the open air, for each offence ......
~ffering any chimney to become'
foul from negligence, careless-
ness, or other default of the oc-
cupier of any house, or other	5 0 0
person using such chimney, whereby the same shall talco

fire ....................... . . . . .....

Valu~tor, Omission of acts by-

aluator failing to prepare and

deliver a t the office of the Town

Clerk book of assessment within

the time allowed, or to deliver

10 0 0

note of particnlars of property assessed, and its value, as pre- scribcd by this Act ...............

ny collector, ofiicer, or a g e ~ t

of the Corporation failing to

pay to and deposit with the

bankers :of the Corporation all

moneys, notes, bills. securities for

money, cxcecding in amount or

value* the sum of Ten Pounds,

which shall have been received

by him, by virtue of his office, on

account of the Corporation,

within tho space of two d y ~

next after the day of such

my collector, officer, or agent

receipt ....................a.......,.

of the Corporation mho shall retain in his own hands any moneys, notes, bills, or se- curities for money, not ex- ceeding in amount or value Tcn

Pounds, received by him b j

virtue of his office or employ. rnent, on account of the Corpo. ration, without paying the snmc to the bankers of tho Corpora. tion, as required by this Act for any space of time not ex. ceeding two days after sucl moneys or securities shall h m been receired by him, shal pay for each day of such deten tion, the day of such receip being included as one, per dien

Sundry offences-

Wilfully injuring or damaging an: public building, bridge, wall parapet, fence, road, streel sewer, watercourse, well, foun tain, lamp, lamp-post, names c streets, or other public propert] in addition to the coat ( repairing or restoring th

same ...............................

Mp-7 Fine.

Section.	Highest	&ortat	Longest
Amount.	Peirod.	Period.
7

Sundry Offences-

Blasting with gnnpowder, or any blasting powder, any stone,

timber, or other maherial without

198

the petmislJion required by this

&ion ..............................

m e keeping or breeding swine other thatt at places appointed	199
The interment, or the aiding in or suffering the interment of

by the Council ..................... l

any human body in any church	200
or place, other than a public

cemetery ...........................	1	201,
prevent any offensive effluvia	202,
therefrom, the carcase of m y	and
goat, dog, or other animal de-	Act

Neglecting to bury or otherwisc7 dispose of, BO m effectuall~ to

Ytroyed under the authwity of ;onerall;

this Act. ........................... i

P + -

l h t e d bg authority by W;-C, C O ~, Gopernment Printer, Yictdwqm,-AM-