Municipal Corporations Act 1862 (SA)

ANNO VICESIMO QUINTO ET VICESIMO SEXTO

No. 21.

Afi Act to amend the " Mufzicipal Cotporations Act, 1861."

[Assented to, 21st October, 1862.1

REAS doubts have bcen raised whether under the Municipal Preamble-

W"" Corporations Act, 1861, elections could take place to fill the various offices established by that Act until after the electoral roll

for the corpor+te town had been completed pursuant to the provisions of the mid Act, and whether elcctions for the various corporate towns, other than the City of Adelaide mentioned in the said Act, could be held until after the provisions of the Act had been extended thereto by Proclamation, and it is expedient to remove such doubts, and also to declare valid elections which have taken place since the passing of the said Act, and it is also expedient to amend the said Act in other particulars-Be it thercforc Enacted, by the Governor- in-Chief of the Province of South Australia, by and 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

l 1. All elections which, since the passing of the Municipal Corpo- ;:;,"g;J

rations Act, 1861, shall have taken place for the City of Adelaide, or Corporations A C ~ do-

the Corporate Towns of Kensington and Norwood, Glenelg, Gawler,

t~ be valid*

Port Adelaide, and Brighton, shall be valid; and the several persons who at such elections were declared to be elected to the respective offices of Mayor, Alderman, Councillor, or Auditor, shall be deemed to have held such offices, and shall henceforth hold the same until their respective offices shall be vacated under the Municipal Cor- porations Act, 1861, or this Act, whether any such election slaaU have taken place under the provisions of the Municipal Corpor~tions

2F Act,

Act, 1861, or under the provisions of the Acts, or any of them, by the said Act repealed, and notwithstanding that the citizens' roll, directed by the said Act to be made, had not been made, and not- withstanding any irregularity in the proceediiigs to any such election; and the several persons named in the Schedulc hcrcto marked M shall fill and be de~med to have filled since their election the oflices set opposite to their respective names; and the Corporation of the City of Adelaide, and the several corporate towns hereinbcforc men- tioned, shall be and be deemed to havc becn, since the gassing of the said Act, valid and subsisting, and, save so fdr as irlcoilsistent with this Act, to have had and have all powers and obligations imposed by the Munici-$a1 Corporations Act, 1861, but as to all Corporations except that of the City of Adelaide, save :o filr as excepted in Schedule N to this Act, and except such parts of the last-mentioned Act as apply exclusively to the City of Adelaide, and the Corporation thereof: Provided alvays, that snch clauses as arc enumerated in the said Schedule N, which shall be at any time de- clared by Pr~clar~iation of the Govcrnor to be applicable to any Municipal Corporation other than the City of Adelaidc, shall, so far

as applicable, kave the full force of lam with respect to such Cor-

poration.

I n t e ~ r e e ~ t i o n cbuse 2, The words Corporation " and " Council " respectively, shall

include thc Corporation ttnd Council respectively of the City of Adelaidc, and the Corporations and Councils respectively of any incorporated towns within the said Province.

Namea of bodies

corporate.	3. The name of any body corporate, except the corporation of the City of Adelaide, heretofore or hcrcnftcr est,ablished under the provisions of the Municipal Corporations Act, 1861, or of this Act, slid1 henceforth be The Corporation of the Town of (naming the tom1 incorporatcd).
Constitution of
Council.	4. The Mayor and Councillors of any incorporated town shall form the Council thereof.

Repeal of clauses in 5, Clauses 16, 20, 27, and 30 of thc Municipal Corporations Act,

Municipal Co~pora- 186 1, are hereby repealed.

tions A C ~, 1 ~ ~ 1.

Until citizens' roll

passinv of the said Act, shall be decmed to have been, and shall be, ".

the citlxens7 roll for that city; ancl the b ' - lists and rolls

C----.

existmg and in force at the time of the passing of the said Act for the several other Corporate Towns within the said Province, shall, in like manner, be deemed to hme becn and to be the burgesses' rolls for the said towns respectively.

Cnrporation tohave 7. The Council of each incorporated city or town shall consist of

Council consisting of a Mayor and two persons for each ward of the city or town as Coun-

, Hayor, endtao

cillors

cillors, and the Mayor and Councillors shall be electcd from among CouneiUors for eaoh	ward.
the enrolled citizens as hereinafter provided.

for the offices of Mayor, Councillors, and Auditors for the towns of and Port Adelaide. 8. TVithin seven days from the passing of this Act, nominations Elections in Glenelg

Glcnclg and Port Adelaide shall take place, and if thcrc shall

be such number of candidates as shall be req-nirecl to be elected and

no morc, such canclidates shall be declared duly elected; but in the event of there being more than the necessary number of candidates, the elections shall take place within seren days of the day of nomi- nation, and, as far as mapP be in accordance with the provisions of Clause 11 of this Act; and at such elections, the r ~ l l which shall have last been used at any election in either of the said towns shall be deemed to be the citizens' roll for such town for the purposes of this Act and the Rlunicipal Corporations Act of 1861.

9. The Governor, vith thc zlrlvicc and consent of thc Esccutive First Rleotions at

Council, may, by notification i11 the Governnzelrt Gazette, appoint all laida,

Glenelg and Port Ado-

i~ecesiary persons to preside at and c011d11ct tlle first elections after the passing of this Act itt the said Towns of Glenclg and Port Adelaide, mid such uersons shall cscrcisc all the ~ o ~ v c r s and ucrform all thc duties conkxred by the Municipal ~ o r ~ o k t i o n s Act Gf 1561, or this Act, on thc officer presiding at clcctions, and thc mmcs of thc persons declared to be duly elected s l d l be publishd in the &oath

Australia?% Gover~zme~st Gazette.

19. On the first day of December in every year the Ifayor and one Councillor of each ward, and the Auditors, shall go out of oflice; but	Election of Mayor
a d one Councill~~r
for each ward. 50 take
this provision shall not apply to any corporation hcrcafter pro-	place on first ijecem-
claimed, until one year after the date of the I'ro~laination.	bcr in each gear.

11. On the day of nomi	Mayor, or, if he shall be	Proce Angs at
nomination.

unable to attend, a Counc	all attend at noon, at thc place
fixed for the nornina,tion, at	irne and place he shall cause all

nominations lodged with th	Clerk to be publicly opencd and
read aloid; if thcre shall	1 number of candidates as are
required to be elected, and	hc shall dcclarc s~zch candidates
to be duly elected; but i	nt of tliere being more than the
necessary number of can	minatcd, hc shall ncljonrn all
public proceedings to the	y of Lleccmber, and s l h l causc
such aclj ournment, and t	f such adjournment, and the

names of the candicla.tcs	be pbli&ed daily anti1 the
polling day, and on suc	ion shall bc by ballot accord-
ing to the law then i	g elections by ballot for Cop
porations.

12. The Auditors appointed under the said Act shall audit the accounts of the Corporation for the period commencing from the	in ofEcc until acoounb
Auditors to continue
are audited.
first day of January to the thirty-first day of December, and their ciuties shall not terminate on thc first day of l)cccinber, the day on which their succcssors are elected, uor until the accounts made up

to

to the thirtylfirst day of Dcccmbcr of such year shall have been

duly audited by them.

Power to rccover

rates accrued due 13. The Council shall have thc like powers for recovery of rates

before passing B ~ U - which accrued due before the passing of the said Act, as arc given

nicipa c o r ~ o ~ a t ~ ~ ~

Act, 1861.

by such Act in respect of rates made on assessment declared and

published pursuafit to the provisions thereof.

Corporation may

make bylaws regu-

14. Subject to the provisions of the Municipal Corporations Act, any Council, by bylaw, to fix the rates to be charged on the hire of any waggon, cart, dray, convegancc, or other vehicle plying for hire within the limits of any Corporation, and licensed under power contained in any Act authorizing the licensing of any such vehicles, and from time to time to vary the samc; and any owner or driver refusing to take a fare, m any person having hired a vchiclc rcfusing to pay the legal fare when demanded, shall in each' case forfeit and

lating o ~ r t	and dray	186 1, wit.h respect to the passing of by-laws, it shall be lawfill for
fares.
pay the sum of not less than Five Shillings and not exceeding Five
Pounds.

Appointment o t filst

Mayors and Coun-	15, I n any Proclamation incorporating any town, the first Mayor and Councillors shall be appointed, and any va,cancy occurring before the time appointed for the first election for the office, may be supplied by Proclamation.
cillors.

Governormay increase 16. Uyon the petition of the ratepayers in any corporate town,

numbcr of wards of the Governor, with the advice of the Executive Council, may

, Oorporation.

increase the number of wards therein, and when such increase

Q a 7 // shall be made, an elcction of two Councillors for cvcry ncw ward shall take at the next gcneral election of Mayor and Coun- cillors, in manner provided by the Municipal Corporations Act,

1861, and this Act.

Certain assessments

17. The assessments heretofore made and thc first assessments which shall hereafter be made by the Corporations of Adclaide, Kcnsington and Norwood, Gawlcr, Glenclg, Port Adelaide, and

declared valid,

Brighton, shall be valid, notwithstanding the provisions of clauses 151 and 152 of the " Municipal Corporations Act, 1861,"

may not have been complied with

Fines, &C., may be

18. All fines, forfeitures, and pcndtics for offences against the said Act, or this Act, or any bylaw passed under the authority thereof, and all fines and forfcitures mentioned in Schedule L to thc said Act annexed, may be inflicted or rccovcrcd by or before any Justice or Justices of the Peace in a summary way, and from any order of a Justice or Justices imposing any fine, forfeiture, or penalty, or dismissing any information laid for the rccovery of any fine, for-

recovered before

Justices.

Appeal.

feiture, or penalty, under the authority of this Act, there may be an

appeal in manner for the time being by law provided for regulating

appeals from orders of Justices.

Schedule L may be

offenoes mentioned in 19, All offencea mentioned in Schedule L annexed to the w aid Act

punished, shall

shall be punishable in manner thercin, or in the said Act, or this -4ct,

provided, and all informations for offences mcntioncd in the said Schedule as punishable, shall be heard and det&mined, and the of£'cnccs punished, when not thereby, or by the said Act, or this Act, otherwise provided, by the Supreme Court.

All fines and forfeitures which may be recovered by or before one or more Justices of the Peace, for ally offence cominitted within the limits of any Corporation against the said Act, or this Act, or for any offence against any by-law rnacle under the autllority of the said Act, or this Act, or for any offence mentioned in the said Sched~~le, or for any offence against any of the acts meiltioned in the third clausc of the said Act, shall be paid to the Council of such Corporation, save such portion thereof as rmy by lam bc appropriated to any informer, and snre such fine or penalty, or sucll part tbereof, as may bc by law appropriated to any purpose other than for Municipal Corporations, or to the General llcvenne of the said Provincc. Fines t o b e ~ a i d t o Council.

20.

21. The Governor, with the advice of the Esccutiw Council, may Governor, withndvi~a of Exettucive Councll,

remit the wide or any part of any fine or penalty, although the	fines,
same may bc appropriatecl to any Corporation.

22. This Act, and save so far as repealed hereby, thc l\f.ur&ipal This an(Municipa1 Corporations Act to

Corporations Act, 186 l, shall be read together as onc Act,	be read together as
one Act.

I11 Her &lajest,y's name I asscnt to this Bill.

D, DALY, Governor.

SCHEDULES

SCHEDULES REFERRED TO.

No. I.-Names of present Oj'icers of the Corporatio?~ of the City of Adelaide.

I I Councillors. I

--

Mavor. I

l a W a r. l l i r e ~ Ward. I Hi Ward. ndmarsh Robe Ward. Auditors.

Thomag English John Colton Jarncs Crabb Francis Enrdy ITerman Bricc Prcdcric Wick-

Robert Hall Vcrcoe Faulding NTi1liam Bun- stccd

Oliver Rankin Samacl Gooile dey Til l iam Smythe

l

No. 2.-Namcs of present Ofloers o f Colporntion oJ' 2bzon. of Iihsz'?zgtctn and

Norwoocl.

Conncillors.

-

Mayor, Auditors.

Kensington I Eaat Norwood West Borsood

Ward. Wrtrd. Ward.

- - - I - -L_

ThomasTaylor John Robcrts Samuel Allen Charles Wad- Jnmes Mat- John RliUcr

Pcrcy Wells Oeorge Birrell ham tingly Lock

GeorgcWilliam Joseph Moorc Williamnenry

DC	Fa. I'oer Be-	Rolxrts.
rcsford

--

ATo, 3.-Names of present Oficers of Corporation of Tow?~ of Gawler.

l Councillors.

Nayor, Auditors.

Ward, South Ward. East Ward.

-----__R_-------

Jamea Martin ThomasOliver Joncs Ed~vard Clcmcnt Gcorge Nott Lconard Bamuel Burton

James Hold Morris Lawrence J a m c ~ Pile Frederick Foote Turner.

l l

No. 4,-Names of present Ofleers of Cbrporntion of Town of Gleneb.

Alderman for Councillors.

Mayor. St. Leonard's Auditors.

Ward. Glenelg Ward. St. Leonard's Ward.

--I- _ I _ - -

John James Stephen Peltro Richard Bowen Colley Frederick Wicksteed Frederick God-

Barclay Henry Wright Peter Cook John McDonald dard

T. l?. J m e s J d m Monk Edward Amand

'Ciright

No.

No. 5.-ntames of present Oficers of Corporatzon of Town of Port Addaide.

Aldermen. Councillors,

Mayor. Auditors.

East Ward. West Ward. East Ward. West Ward.

-_I_-----.-----

Jacob Villiam John Smith Jemes Stokes James Menpes James Grosse Luther Scammell

Smith Milner WilliamHenry Thomas Henry George Bcarfo

Godfrey Parker

Eli'ah IIenry

butler

No. 6.-Names of present Oficcrs of Corporation of Town of .Brighton.

Mayor. CounciUora. Auditors.

- _I__--

John Hodgkiss	Jmes Counsell	Richnrd Ronfrey	James NiaU
Thomas Ottaway	John Dorlnan	Johu Whyte

Portions of Mum@al Corporations Act, 1861," whicA, aye not to 8s applied to any

Corporation but that of the City of Adelaide.

Clauses numbered respectively 6, 7, 61, 62; so much of the clause numbered 65 as relates to Park Lands; clauses 66, 6'7, 68, 69, 70, 71, 87, 135, 137, 138, 139, 140, 141, 142, 143, 144, 145, and 200, and so much of the Schedulcs ~o the said Act as relates to the aubject matter of the clauses aforesaid,

Adelaide : Prkted by authority, by W. C. Cox, Government Printer, Victoria-aquare.