Municipal Corporations Act 1863 (SA)

ANNO VICESIMO SEXTO ET VICESIMO SEPTIMO

A. D. 1863.

No. 5.

An Act to amend The Municipal Corporations Act, 1861."

[Assented to, 12th November, 1863.1

W HEREAS it is expedient to amend "The Municipal Corpo- Prenrnblc,. rations Act, 1861 "-Re it therefore Enacted by the Governor- ~, t No, of Issr.

&Chief 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:

1. Sections numbered 182 to 187, both inclusive, and Schedules :P;! ;:y;\;f Act

of Pounds paid to the Council	of 1, in consideration of the sum
of the said City [or Town], for the purposes of the said City [or Town], hereby binds itself to pay to the bearer for the time being of this present obligation the

H and X of the said Municipal Corporations Act, 1861, shall be and

the same are hereby repealed, excepting so far as may be necessary to support or give validity to any Act, matter, or thing heretofore legally done.

2. Bonds for securing payment of money to be borrowed by any Form of Bonda.

Corporation shall be issued by the Corporation, undcr the Corpora- tion Seal, in the form following, that is to say:

No. S No. 3

South ~ustralia-City of Adelaide [or Town of p as

the case may be]. Corporation Securities.

The Corporation of the City of Adelaide [or Towla

P-

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Munici'pa l Corporations Amendment Act.-1 863.

the sum of Pounds, and to the bearer or bearers for the time being of the coupons or vouchers annexed hereto, interest upon the said

sum after the rate of per centum per

annum, such interest to be payable on the first day of March and the first day of September in every year, and the principal to be paid on the first day of

in the year one thousand eight hundred

and : And further, the said Corporation

hereby ~ssigns thc ratcs of tllc said City [or TOW?^],	authorized to be levied from time to time (except spe-
cial rates, nob a licablc to the reqayme mort-

, to t hge e bearer fo; Xf&i=eing o f e p r e s e n t

until the said principal sum bc satisfied,

and to the bearer or bearers for the time being of

the coupons or vouchers annexed hereto, until the interest upon the said principal, as represented in such eoupons or vouchers by him or them held shall be satisfied.

Given under the Seal of the Corporation of the City of Adelaidc [or Town of 1, the

day of 186.

[The Seal of the Corporation.]

The Seal of the said Corporation was hereto affixed, on the date hereof, in the presence of

A.B., Mayor,

C.D., Town Clerk.

NOTE.-hterest and principai, payable at the Hank of thc

Corporation in, or [in London, or any other agreed place], at such Bank or other place as ma,y bc

appointed by notice to bc given in the South Aus-

tralian Government Gazette [or in the b l z d o n Gazette].

Proviso.	Provided that a register of such bonds so ismud shall be kept at the Town Clerk's office, and remain open to the inspection of the citizens at all reasonable hours.
Form of Coupon.	3. The coupons or vouchers for interest, to be issued by the Council, and aimcxed to snch bonds, shall be in the form following, that is to say:

South Australia-City of Adelaide [or Town of

Corporation Securities. 1.

Coupon for ;E , for half-year's interest, duc the

first day of 18 , on Bond No.

Payable to bearer at

4. The principal and intercst upon such bonds shall bc payable qnd paid to the bearer of the coupon or bond, as the case may be, at

the

26" & 27" VICTORIZ, No. 5.

Jfu~zicipnl Corporations Ametzdme~zt Act.-1863.

the placc and time specified in such coupon or bond, and the interest payablc on such bonds shall in no case escccd Six Pounds pcr centurn per aiinurn.

5. The bearer for the time being of any such bond or coupon Bearers' rights.

shall Be cntitlcd to all rights and remedies under and in respect of the same in like manner as though he had bce1-r named in such bond as the obligee tl-rereof.

6. The bearers for the time being of such bonds and coupons shall, TO be creditors

in p r q o r t i o t o the amounts thereof, be creditors on the rates equall~-

cq* one wlth another without any preference in respect of the

priority of the d a s o r s u c h bonds respectively.

7. Until default shall be made in payment of the said bonds or the counons thereto. the said Cor~oration bv their collector mav	Cxmcil to collect
ratcs uutil default.

L I .I .I

receive and recover, and the said Corporation may apply all the,said m t s a s if the said bonds and couqons had not been executed and _ _ - - 1----

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mven.

8. The securities already issued by the said Council of A.delaide, in the form of the 8chcdule 13 to the said &Innicipal Corporations	Existing securities
may be exchanged
for bonds.
Act, 1861, shall be binding upon the said Council ancl thc ratcs of the said city, but the same may be exchanged at any time for bonds in thc form prescribc.d by this Act.

9. The provisions in the said Municipal Corporations Act, 1861,	build in^ may bo
erected over footpath.

restricting thc erection of any building, or part thcrcof, on 6s over any footway, shall not extend to any building to be erected by the Corporation of Adelaide on the said Corporation Acre as and for a Town Hall, hut thc said Corporation may erect any part of such building on and over the footway adjoining the said acre in King

William-street.

10. Meetings called to approve the borrowing of money on the crcdit of the ratcs, or to adopt c2 ratc, or to erect a Town Hall, at	meeting for p~rpoeo8
Adjournment o f
of poll;

which n poll, on any propoditiov. submitted, slid1 be d c r n a i ~ d e d, ~ ~ . .pc l98

shall for the purpose of taking such poll be adjourned to a day to be atg5/'&'6/

then named, n w than four days from the day of such meeting.

0

11. The pieces of land mentioned in the Schedule to this Act Part of Park Lands

shall no longer be under the care, control, and nianagcincnt of the ,e,,r,e,	made Government
Corporation of Adelaide, and nlay be appropriated by the Governor for the crection of public buildings or for any otllcr public purpose: Providcct that no portion of the piecc of land sccondly dcscribcd in the said Scheclule shall be appropriated for the erection of other buildings than those connected with the public p 0 1 of the said Province.

12. This

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Municipa E Corporations Amendmevzt Act.-1 863.

Short title OS A C ~. 12. This Act may be cited as c c The Municipal Corporations

Amendment Act, 1863."

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

this Act.

D. UALV, Governor.

SCHEDULE

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Municipal Corporations Amendment Act.--1863,

SCHEDULE.

The portion of the Park Lands, commencing at a point on the north side of North- terrace, in prolongation of the west sidc of Morphett-street; thence west, for a distance of 568 links, to the east side of bridge road; thence, at an angle of ninety degrees and thirty-eight minutes, along the east side of said road, for a distance of 228 links, to the south side of City and Port Railway; thence easterly, by south side of said Railway, a distance of 600 links; thence southerly, for a distance of 119 links, to tlic point of con~mencement.

And also that portion of the Park Lands, commeneing a t the railway occupation bridge, south-east of the gaol, and running in a westerly direction along the line of fence for about 1,010 linlrs; thencc in a nortb-westerly direction along the linc of fence, crossing the gaol-road, to the south-western corner of the stone wall, for 820 links; thence in a north-north-west direction, to the end of the stone wall, for 510 links; thence in a northerly direction, to the south-west corner of the railway bridge, for 1,200 links; thence in a north-east direction, crossing the railway;

thence in an east and south-easterly direction, along the south bank of the River

Torrens, for 2,510 links; thence in a south-westerly direction 370 links to thc point of commencement.

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Adclaide : Printed by authority, by 3. C. Cox, ~overnment ~rintsr, Victoria-qvars.

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