Municipal Corporations Act 1877 (SA)

AMNO QUADRAGESIMO ET QUADRAGESIMO PILLMO

No. 79.

JIIEREAS it is desiirnlde to ammd the lam rclntirlg to Munici- Preamble.

pal Corporations-Be it tl~creforc Enacted by tllc Governor

of tllc Province of South Australia, with the advice' and consent of the Legislative Coimcil a id Housc of Assembly of thc %aid Province, in this present l'arliament assemblcd, as follows:

1. This Act inay bc cited as " Thc Municipal Corporations Title.

Amendment Act, 1877."

longest in office without re-election; but in cascs where thc period how regulated. in

2. Sections 73, 74, and 100 of " The Municipal ~orpora t ion~ Repeal.

Act, 1861," and section 21 of " The Municipal Corporations Act,

1862," shall be and the same are hereby repealed.

3. The Governor may by Proclamation direct that the following Proclamation.

provisions, or such of them as lie may think applicable, stiall extend

to and be in force in any city or corporate town.

4. On the first day of December in every year, one Auditor only Election and

shall retire from office; but this provisiori shall not apply to any Auttitor;. retirement of

corporation hereafter proclaimed until one year from the date of	the
Proclamation thereof.

5. The Auditor so t o retire shall be he who shall have been the Retirement from office of Auditors,

--- p 40" tk 4'1" VICTORIiB, No. 79. - - .- ----F

The Jfiin icipct l Corporations Ametidmm t Act.-l 877,

in office shnll be equal, the Auditors shall retire by ballot; and every Auditor elcctccl to supply any extraordinary vacancy shall for the purposes of retirement only be deemed to have been elected when his immediate predecessor in office was cloctcd, and shall rctire accordingly: Provided always that any Auditor so retiring shall be capable of being forthwith re-clccted if then duly qualified.

ditors at time o lf

ction to be 6. No person shall be eligible for election as Auditor unlrss he

residcnt in Provinoc shall be then resident in this Province, arid his officc shiill bc de-

af South clared and become vacant if such Auditor shall bc absent from the

Colony at any time for three consecutive months.

Disqualification for

holding office of

7'. If etnv person holding the office of Auditor slid1 leave this Province d d shall bc absent tllerefmrn at thc time appointed for the balancing the Corporation ncconnts, or if any prrsvn clcctecl as Auditor shall, aftcr notice delirerccl at his last known rhcc of abodc, rduse, neglect, or fail to bo present, and shall not, $ the event of illness, send a medical certificate of his inabihty to attend at the time aud p1a.c~ appointed for the swearing in of tllc Mayor, Cormcillors, and Auditom or if such person being prcscnt s l d l refuse, ncglcct, or fail thcn and there to taltc iilc oath of alleginncc, and nialie and subscribe to thc declaration of office, then ancl in every ox. any such case such person shall thereupon iinnlcctiateiy cease to hold the office of Auditor, and shall be liable to the same fine as if he had refused to accclpt the said office; and the ('ouncil t!icre- upon shall forthwith clcclarc such officr to bc vacant by advertisc- ment in one or more of thc daily newspapers, md the said office shall thcrcupon become vacant,

Auditor,

Proceedings at

nominations.

8. On thc day of norninatior? for the election of Councillors and Auditors, thc Mayor, or, if he shall be mlable to attend, a Councillor shall attcncl at noon, at the place fixed for such

be publicly opened and read aloud; if there shall be such nuinbcr

nomination, at which time and place he slmll causc one or. more nominations for each candic?ate lodged wit,ll the Town Clerk to

declare such candidates to bc duly elceted; but in the ewnt of

there being more tlim the necessary nunibcr of canciidzltcs no-nii-

nnted, he shall adjourn all public proceedings to thc first day of

of candidates as are required to be elected and no more, he sl~all object of such acljournnient, ancl the names of the candidates nomi- nated, to be published daily until t h ~ 1)ollirlg-day, and on such day the election shall bc by ballot, according to the law then in forcc regulating clcctions by 'ballot for Corporations; but in case of ;my clcction occurring in consequence of any extraordinary vacancy, such nomination shall take ?lace within one meek froin the occurrence of such vacancy, and the public proceedings thereat shall be adjourned to the day of election.

Bazaars may be

licensed. 9. It shall and may be lawful for the Council from time to time

to grant annual licences to any suitable premises within their cor-

porate

40" & 41" VICTORIZ, No. 79.

p-P p P

The bfunicipal Corporations AmendnzCnt Act.-1877. pp

--

porate limits as a bazaar or repository for thc sale therein of horses, horned mtt,le, carriages, and other vehicles, or any of them respec- tively, as the Council may deem propcr.

10. The Council may from time to time grant annual liceilccs to ~ ~ ~ ~ ~ ~ e ~ * s

any premises withiu the Corporation limits which they upon exami- nation may deem suitable for the pnrpose of saltlcrooms for the storage A A and salc of raw or green llidcs or skins, and may fis, charge, and take such annual fees for the licence of the premises as they may think fit.

11. No person shall, within the limits of any municipality, store, ~, " ~ $ ~ ', " ~ t ~ & ~

kecp, or haw any ram or grecn hicles o r skins, cxccpt in premises or sale thcrcin of

specially licensrd as aforesaid for that purpose; and any person hides licensed. Or 8k'aP un'esg

offending against this provision shall, on conviction, forfeit and pay

for each offence a mm not being less tlzan One Pound and not ~ e n d t y.

cxceeding Ten Poimds: Provided that nothing herein contained ~ro,;,,.

shall apply to tanneries where ram or green hides or skins are nscd

for rnanufi~cturing purposes solcly.

rcgulatiorls as they may think fit for the regulation, supervision, regulate bazaars and 12. The Council may from time to time make such by-laws and ~~~~c~~~~~~

government, and control of the premises licensed as bazaars or re- ~ ~ ~ ~ ~ ~ ~ " "

positorics for the sdc of horses, horned cattle, carriages, and other

khicles, or any of them, as salerooins for raw or ,green-hides or skins,

and may impose such wasonahle penalties as they shall think fit, not

exceeding Ten Pounds, for each brcach of such by-law or rcgula-

tion, and may from t;imc to timc altcr or repeal all or any of such

by-laws or regulations, and make othcrs in lieu thereof.

setting apart any building, or erecting any building or premises skinm;lrkcts. 13. Nothing in this Act contained shall prevent tlie Council ~; ~; F $ ~; ~ ~ J

specially for the purpose of a hide and slriil market.

14. Until public abattoirs shall have been duly proclaimed by court for licensing

the Co~mcil, the Council shall twice in every year, that is to say, on	slaughterhouses for
the first day of May and on the first day of November, constitute an open Court for hearing and determining on the advilvisabilit~y or other-
wise of' issuing licences or renewing licences already issued to any
person to keep a slaugllterhouse for slaugllte~ing small cattle or pigs at any place within the municipality; and any person to whom a licence shall be issued shall be liable to all the rules, penalties, and disabilities, and shdi do and perform all things which by an Ordi- nance passed in the fourth year of the reign of Hcr present Majesty, intituled " An Act to regulate the Slaughtering and prevent the Stealing of Cattle," or any Act amending the same, any persons thereunder are required to do, and to which they are subject and liable; and aftcr the passing of this Act it shall not be lawful for any persor, to slaughter, I d, or dress any cattlc whatever, great or small, within any municipality, exccpt at sonic slau~hterhouse estab- lished or to be established, or licensed 3y the Council; and the fees

for

p 40" & 41° VICTORIB, No. 79.

- --

The Munkipal Corporations Amendment Act.-1 877.

for slaughtering and for such licences may from time to time be

varied or altered as the Council may deem necessary.

Rules and regulations

to be observed as by	15. The rules and regulations contained in the Schedule to this Act shall be observed at the slaughterhouses established, or to be established, or being undcr thc c&trol or licensed by the Council:
the Schedule.
Proviso.	Provided that i t shall be lawful for any Council to make, publish, alter, modify, amend, or repeal such rules and rcgulntions, or any of them, as to such Council from time to timc shall seem meet, subject, however, to theconditions contaiilccl in section onc hundred and fortyseven of " The Municipal Corporations ,4ct, 186'1," or any Municipal Corporations Act in force for the time being.
Stands for licensed	16. The Council shall havc power from time to time to appoint and fix places in the public strcets of the muniripalit~ to be used as public stands for licensed vehicles plying for hirc, a;ld from time to time to alter, vary, or cancel and remow stands so appointed, not- withstanding any such stands may have been c,r may be declared, included, or named in any by-law ol the ~cqo ra i i on, and the Council may appoint other stands as to them may seem necessary, and may direct, order, fix, and regulate the uurrlber and class of licensed vehiclcs to bc al~omeci at any oile time to ply for hire on any of such stands as to them may seem cxpeciient.
vehiclcs.
Temporary stands	17. Thc Council or any Committee of the Council may authorize the Mayor for the time being, as cir~'~~rnstilrices may arise, to appoint temporary stands in any of thc pnblic streets, and to cancel such temporary stands as may to him seem expedient.
may be appointed.
Council may order
land abutting on	18. Wherc any land which sliall adjoin or abut upon any public by writing under the hand of thc Mayor or TO& Clerk, order that
public street, not	street within the municipality shall not be fcnccd in or cnclosed to
enclosed, to be fenced.	the satisfaction of the Council, thc Council inay from time to time,
such land, so far as the some shall ahjoin or abut upon any street, be ~nclosed with a substantial wooden Scnce of posts and l d s, having cwo or more rails in each panel within such time as to the Coulzcil may appcar expedient; a n d the owner of the said land, after
due service on him of suc?l order, shall, in such inanncr, arid ~ i t h i h
such time as shall be expressed therein, at his costs, charges, and rxpenses, well and sufFiciently fence, or otherwise enclose, in manner aforesaid, to the satisfaction of the Council, so much of the said land as shall abut upon any such street, court, or alley.

Council t6 cause	19, It shall be lavful for the Council from time to time to cause all
streets to be formed,

made, paved, and	or any streets now existing within their jurisdiction, not being less
dmined.	than twenty feet in width, or any part thereof respectively, to be
formed, made, paved, and drained, or repaired, wlicu and as oftea, and
in such form and manner, and wit11 such materials as such Council
raised or lowered, and the course of the channels in, into, or through P may think fit, and to csnsc the wolmrl or soil thercof to be

the

40" & 41" VICTQRIB, No. 79.

the same to be turned or altered in such manner as they think

proper.

20. The fee-simple of every private mad dedicated to the public street, cou~t, alley, thoroughfare, or cul-de-sac, which shall have tl,, f,,-si,pl, &faking private street

' hy the Council vests

,f such

heretofore been, or shall hereafter be formed, made, lcvellcd, paved, or drained bv the Corporation, shall become, and be lawfully vested in such Corporation, and such forming, making,. levelling, paving, or draining by the Corporation, shall bc sufficient evidence t h t every road, street, court, alley, tl~oronghfarc, or cul-de-sac, is a street

within tlic meaning of The Municipal Corporations Act, 1861."

21. " Public place" or 'c place of' resorh" shall mcan, inclnde, ancl Intel~etut ion clause.

apply to every road, street, lane, foctway, court, alley, tliol.ouglrfarc, and cul-de-sac, which the public are allowed to use within the limits of any mui~icipality which may now or hereafter be cstablisheii, proclaimed. or defined, notwitllstandin g sncli roads, streets, lanes, footwayfi, courts, alleys, thoroughfares, and cul-de-sacs, may be formed on private property.

22. The Council inay fi-om time to time, in t11e nianner prcscribecl w v e r to nlal;o

for rnaliing by-laws m d w the Xunicipal Corporations Acts in force	l)y-l,zws.
for the t h c being, mallo, dtor, and repeal such by-laws as t h y may think fit, for all or any of thr following relating to park lands or any otllcr places of l)ublic recreation for the tlme being vested in thc Corporation or under their care, controi, and marzlgernent, that is to sny-

1. For appointing ancl regulating keepers or scxvants employccl

therein:

rr. For regulating the t h e at wllicll m y such placc of recreation

sliall bcl openecl and closed:

III. For regulating the conduct 01 persons frequenting any such

place of recreation:

IY. For regulating ,the days on which and the bounds or limits (as to any such place of rccrcation) within which gamcs and gymnastics shall be permitted, or for otherwise regulating

or prohibiting such games and gymnastics;

v. For preventing or regulating the admission of vehicles, horses,

asses, nzules, and cattle:

VI. For regulating shooting aver, on, or in such places of recren-

tion:

VII. For regdating matches, or training for racing with horses, dogs, or otherwise:

vm. For enabling Corpor;ition servants, police constables, or

spccial constables, removing persons who shall be guilty

of any breach of any by-li~ws ninrle l)y the Corpoi.ation.

G 400 & 41' VICTORIB, No. 79.

me Munic~$al Corporations Amendment Act.-1 87 7.

in corporation. 23.

The Municipal Corporations Act, l86 1," and "The Muni- cipal Corporations Act, 1862," and The Municipal Corporations Amendment Act, 1873," shall be incorporated and read herewith as forming one Act, except in so far as the said Acts or any of them

are or is inconsistent with this Act, or shall have been heretofore

rcpealed or 'amended.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

THE

40" & 41" VICTOIEIB, No. 79.

. I%lc Jficlcic$)nl Coq)or~rtions Amendment Act.-1877.

THE SCHEDULE REFERRED TO.

First, as to Groat Cattle.

1, Cattle brought for slaughter shall be slaughtered during the hours which inter-

vene between sunrise and sunset on any working day throughout the year; and on Saturdays during the summer months, viz., from 1st Novcmber to 31st March, may be slaughtered after sunset up to 10 o'cloclr at night. Slaughtering will only be permitted on Sundays during the summer months before mentioned, and then after sunset.

2. Every butcher or other person having necd or requiring to slaughter cattle on AS to slaughtering on

Sundays shall give notice thereof to the Inspector of the Slaughterhouse before 5 SUnda~'.

o'clock in the afternoon of the same day; and the slaughtcrhouse will only be opened

on those Sundays of which noticc shall be given to thc Inspector as aforesaid.

3. All cattle sent to thc slaughtcrhouse for the purpose of slaughtering shall, after Cattle slaunhterod t o be

being slaughtzred, be skinned, dressed, and washed clean before being taken away. properly skinned, &c.

4. Every bntchcr or other person shall pay to the hspector the amount of fees Fees tobepaid.

due for the number of cattle slaughtered for or by him during each wcek, or on each

day if demanded.

5. If any bull, cow, ox, heifer, steer, or calf, shall bc left in any pen or yard adjoin-

ing or appurtenant to the slaughterhouse for any longer time than thirty-six hours yard,

without food, the Inspcctor of the Slaughterhouse shall feed the same, and charge

thc cost thereof to the owner or person patting in any such animal; and if lef't in

any pen or yard or appurtenance as aforesaid for any longer time than four days,

either with or without food, the said Inspector is hcrcby dircctcd and required imme-

diately t,o impound thc samc unless pcrmissioa for any longer period shall first h a w

been obtained from the Councii.

cattleleft in

6. Any person or pelsons breaking or infringing these rules mid regulations, or ~; ~ ~; ~ ~ t o t h c r -

any or eithcr of them, and in respect whereof a penalty may not be L~lready	provided,
shall be fined a sum not csceeding F i w Pounds for each such offence.

'I. The Inspertor of Slaughterhouses shall carefully enter into books provided for Inspector to keep brands,

that pnrpose t,he nunher of cattle daily slaughtered, with the brands and all other necessary particulars, and rcport thereon every Monday to the Council, and failing in eithcr case to do so shall be fined as last aforesaid.

Second, as to Small C'aftbe.

1. The building to bc licensed for the slaughtering of calves under twelve months Building to belicenqed.

old, sheep, goats, and swinc, shall not be less than eight feet by ten feet, or of an

arc; lcss than eight4 feet, and walls eight feet high, and shall be built of brick, stonc, or concrete, and of the thickness of nine inches at lcast, with roof of incom- bustible material; the floor of the building shall be of such material and in such form as is directed by regulations of the Local Hoard of Health.

2. The building to be liccnscd as aforesaid shall, where practicable, be at least 2:;~:fi.m pTlbl1o

fifty feet from any public may, and ten feet at lcast from any building other than the buildings forming part of the same premises; the Council, in granting the licence,

to decide as to the practicability or oth~rwise of the said distances.

3. Licences may be issued for the year comincncing 1st June in each gcar, or for Licenceg.

the half-years commencing 1st June and 1st Dcccmber in each year, in the discretion

of the Council: the fcc for such liccnce not to be less than £ 5, nor to exceed £10,

payable in each case in advance.

4. No person shall have or be entitled to apply for a licence to keep a slaughter- ~~;;;~l;~;B~;on-

house in thc city otherwise than upon the terms of these conditions. ditions.

5. Every sla&hterhouse shall lie well mntilated in the roof, or as near thcrcto as Vcntilationofbuil%g

possible.

6. Pits for the reception of blood shall in no case bc allowed to be made or con- -

tinued in the floor of any slaughterhouse.

"i 'The inside walls and ceiling of cvcry slaughterhouse shall be lime-whitened at ~; ~ ~; n ~ d ~ h e -

least oncc in every month during the year; and every slaughterhouse shall be pro-

vided with a good and constant upp ply of pure water.

8. The

8 40" & 41' VICTORIB, No. 79. -

The Munic@nl Corporations Amendment Act.--1 877.

Lirenscd slnnghtrrhou~es

be irquenl:y inspsctod.	8. The Inspectors of Slaughrcrhouses and Nuisances of the said Council shall frequently inspect the said licensed slaughterhouses, and cause these regulations to bc strictly observed; and shall haye full power, without any further authority other than the appointment to such office by the said Council, to inspect the licenced premises at all hours of the day and night in the csecution of thc dutics of their office.
9. Any person obstructing any Corporation officer in the performance of his duty will render himself liable to forfeiture of his licence by the Council.
Penalty.	10. Every licensed person neglecting to carry out these regulations, and each of them. shall. for thc first offence. be fined a sum not less than One l'ound and not exceeding Fivc Pounds; second, Two Pounds and not exceeding Ten Pounds; third, Ten Pounds.
Liccncc may bc with-	11. The Cound may at any timc, upon information proved bcforc any Justice of the Peace of a violation of any of these conditions, deprive a licensed person of his licence for such a time as the Council may deem sufficient; and any person so deprived found slaughtering, or causing or suffering to be slaughtered, any animal aforesaid shall be dealt with as unliccnscd.

drawn.
As to slaughterhouscv	12. Thc Council shall have the power, in respcct to any private sraughterhouses erected at the time of pawing thehe reglilxtionr and solight to be licsn ied, t n dispense with such or so much of these conditions as may be thought ad~isable; but never- theless illat thc slsughtcrhouse shall Be so constructed as to prewnt a nuisance to thc ncighborhood in which it is situated.
alreadr erected.
Remoinl of garbago.	13. Every occupier of a slaughterhouse shall provide and keep :L sufficient number of tul~s, hoses, or %csscls, with tighl and closc-fitting covers thsrcto, constructed to the satisfaction of the Local Board of Hcd th or their authorized officer, for the purpose of receiving and conr,eying sway all manure, garbqe, and filth, and shall in all cases, irnmed~ately aftcr tlic killing and rlresh~ng of ;tn:/ cattle in such slaughter- house, cause all such manulc, garbage, and filth to bc riaccd in such tubs, boses, and vcmds; and such tubs, boxes, and vessels, togethcr with their contents, shall be removed to such place, at such in ter~xl of time, ~vitb such 1n-ecaulions, and within such hours, as may be from time to time fixed by the Local Board; and all the blood arising from thc slaughtering of cattle shall be put into scparatc tllbs or vcsscls with close-fitting covers, and sltall be carried away from thc slaughterhause without delay, and shall not be pcrmittcd to flow in the channel or sex er, or oyer; street: Provided always, that no Mood shall bc put intr, thc samc tubs or vcsscls it1 whicll the manure, garbage, or other fillh are put.

Clcansing of utensils. 14. A11 the tubs and ~esse ls which ale used for the removal of any manure, filth,

and garbage, m d all the tul;s and wrsels which are used for the erno oval of bluorl from any slaughterhousc, shall, immcdiatcly aftcr being used for such removal, be thoroughly emptied, cleansed. and purified, and the floor of such slaughterhousc shall then be also effectu;?lly scourecl and cleansed; and the wliole shall g!nerally

be kept in such a condition that neither within the slaughterhouse nor wlthout it shall tbcrc bc anv offensive smell arising therefron~. .' ' 7

Rcmo~nl	of skins, &c.	15. Every occupier of such slaughterhouse shall remove or cause to bc rcmovcd from such slaughterhouse the hides md skins of any cattle that shall be slaughtered
therein within two days next aftcr buck cattle shall havc been slaughtered.

No privy to bc near. 16. No occupier of any slaughterhouse shall build or permit an access or opening to any privy or cesspool from such slaughterhouse to be made, or, if now made, to remain; nor shall any such occupier permit or suffer aily pigs or other animals to be kept in m y slaughterhousc esccpt for thc purpcsc of being faeted previous to being Irillcd.

1 7. Every occupier of a slaughterhonse shall, on the request of the Local Board,

or of their authorized officer in that behalf. forthwith cause all revairs in a1 con- cerning such slaughterhouse which such occupier shall be reqnired Ly such request as aforesaid to perform, to be executed to the satisfaction of thc said Board, or of their authorized officer, as the case may be.

lnspcctors to have acccas	18. All members anh all authorizeti officers of the Local Roard shall have free access to any and cveyy slaughterhousc within thc Municipality, whether licensed or not, and to every part thereof at the time when they ahall demand admission for thc purpose of inspecting and examining into the condition thereof, with regard to the cleanliness, ventilation, bnd managenlent thereof.
to p r c m m.

Adelaide : By authority, W. C Cox,