Municipal Corporations Act 1890 (SA)

ANNO- QUINQUAGESIMO TERTIO ET QUINQUA-

GESIMO QUARTO

A.D. 1890.

No. 497.

The Munic@aZ Corporations Act, 1890.

ANALYSIS.

Preamble. 18. Governor may, by Proclamation, appoint

1. Short title. persons to fill extraordinary vacancies

2. Divisio~ of Act into parts. before first election.

19. Such Proclamation may issue forthwith.

--

PART I.

REPEAL AND INTERPRETATION. PART ITI.

3. Repeal. COUSCILS, KEMBERS O F COUNCILS, TIIElR QUALI-

4. Saving clause.	FICATION, I)IBQUALTPICATION, AND RETIRE-
5. Provision for continuing existing Cor- porations and by-laws.	MENT.

20. Members cf a Corporation tc, be Executive

6. General interpretation clause. Council.

21. Constitution of Council.

A N o. 487.

22. Disqualification for members of Council. 23. Vacancies in office of Mayor or Couorillor,

how occasioned.

PART 11. 21.. Appointment of Auditors.

CREATION O F CORPORATIOKB AND NEW WAKDB, 25. Qualification and &qualification of

AND ALTERATION O F WARDB. Auditors.

20. How vacancies in office of Auditor occa-

7. Governor may, on petition, do certain acts by Proclamation. Constitute new Cor- sioned.

27. Mayor and one councillor for each ward,

poxations. Appoint first office-bearers.	and one luditor, to go out of office on
Alter boundaries of blunicipalities. Re-	first of December in each year.

arrange and increase or diminish number 28. Retirement of Councillors and Auditors,

of wards. Appoint Councillors for nuw how regu!atcd.

wards, and determine what Councillors

shall cease to hold office. 29. Retirement of person elected to fill extra-

8. Limitation on constituting Municipalities.	ordinary vacancy.
9. Particultlra to be contained in petition.

10. Petition to be published in Gazette.. PART IV.

11. Cause may be ~lhown again& petition. QUACTPXCATION, DI~QUALIPICATION, AND ENROL-

12. When Proclamation to issue.	MENT O F CITIZEN&-COURTS	O F EEVISION.
13. Effect of Proclamation creating new Cor-

poration. 30. Qualification to be enrolled as citizen.

14. Effect of Proclamation altering bounda- 3 1. Disqualification for cit izen.

ries, &c. 32. l i s t of citizens to be prepared.

15. Governor may divide Municipality into 33. Cl& for insertion of and objections to

wards. names on list.

16. Governor may add Crown lands to Muni- 34. Prescribed form of claims and objections,

cipality without petition. and when to be made.

17. G O V ~ O ~ may apportion property, &c. 86, Alphsbetioal

53" & 54" VICTORIW, No. 497.

The niZunic@al Corporations Act.-1890.

36. Alphabetical lists of claim and objeotions to be exhibited in each ward seven days 77. As to proceedings falling on a Sunday Good Friday, Chritltmas Day, or holiday.

before revision. 78. Town office.

36. Council to be Court of Revision. 79. Power to appoint committees. Regula-

37. Public notice. of ~ i t t ing of Court of Re- tions. Proceedings to rcquire approval.

vision to be given. Sub-committees. Proceedings of com-

38. Proceedings a t Revision Court. mittees. Adjournment quorum. Chair-

39. Revised fiat to be citizens' roU. man. Casting vote.

40. Alteration and amendment of citizens' roll. 80. Incorporation.

4 1.	Until new rdls are prepared, rolls existing	81. Corporations may hold lands, &C.
on 1st December, 1889, to continue in	82. Common seal to be used.
force.	83, Deeds and instruments-how executed.
84. Vesting of certain property in Corporation.
86. Corporations may purchase or accept pro- perty for public purposes.

PART V. 86. Powcr to Corporations to hold lands out-

ELECTION OF YAYOR, COUNCILLORS, M D side limits of Municipality.

AUDITORB. 87. Power to lease lands vested in Corpora-

tions.

42. Election of Xayor, Councillore, and 88. Power to let or manage property vested in

Auditors. Corporations for public or charitable

43. Before whom held. purposes.

44. Notice of day of nomination to be given, 89. Corporations may accept conveyances of

45. Nomination, how made. lands for cemetery from trustees.

46, Proceedings at nominations. 90. Public meeting of citizens may compel

47. Elections to be by ballot.	trustees to convey cemetery lands to
48. Voting by blind men.	Corporations in certain cases.

49. Citizens may vote separately for property 9 1. Bridges, squares, park lands, and reserves

in each ward. to be under management of Council.

60. Rates to be paid prior to voting. 92. Water reserves, &C., may be vested in

51. Occupier's right to vote protected if he has paid rent to owner. Corporations.

93. Governor may issue grant to Corporation.

52. On failure of annual election, and on ex- traordinary vacancy, supplementary elec-	94. Conserva,noy of river6 and watercourses.
96. Corporation may erect necessary buildings

tion to be held, for boa18 and landing-places.

63. Proceedings on supplementary election. 96. Council may lease ends of streets for

54. Notice of adjournment to be given. wharves.

55. I n case of fdure, or avoidance of supple- 97. Power to let grounde vested in the Cor-

mentary election, the Councilmay fill up poration.

vacancies. 98. Amendment of thc Ornamental Grounds

66. Hours during which the polling-booths Act.

shall be open. 99. Council way reserve rivers.

b7.	Proceedings where the same person elected	100. Officers may be appointed by Council.
for more than one otlice.	10 1. Oflcers may be required to find security.

68. Justice may proceed to election if Council 102. Allowance to Mayor and payment of

neglwt. salary.

59. Notice to be given to persons elented. 103. Removal of officers.

60. Declaration of office to be mudc b r Mavor. 104. Oftlccrs prior to and after removal from

Councillors, and Auditors, before acting	office to account for current business as
as such.	Council map re uire, and for all moneys

61. Declaration of office to be nrado within seven days after election. received and tli84mrsed.

106. Special constables may be appointed and

62. Mayor for time being to be Justice of the Peace for the province. exercise powers of police constables.

63. Re~ignation of office on payment of fine.

64. Persons disqualiiied by absence from pro- vince liable to fine. PART YII.

66. Council may remit fines. MUNICIPAL PUNCTIONB O F COUNCILS.

106. Boundary marlu, of Municipality and

wards to be set.

PART VI. 107. What streeta shall be deemed public

MEETINGS AND POWER8 O F COUNCILS AND streets. Fee-simple of public streets 108. Public street or place to be public road

CORPORATIONS. vested in Corporation.

66. Meetings of council. under Boa& Act, 1884.

67, Mayor a t any time may call a Council.	109. Main and other roads.
68. Meetings may be called on requisition of	110. Main road fund.

any three members. 1 11. Mode of vesting streets in Corporations.

69. Notice of meetings to be given. 112. Council may declaro street formed, &C.,

70. Quorum at meeting. at cost of owner of abutting land to be

71. Mayor to preside. If absent, a Councillor. public street.

72. Business of Council may be carried on notwithstanding vacancy.	113. Streets hereafter set out or declared by Councilas public streets to be 40ft. wide.
73. DisquaMcation of Mayor, Councillor, or Auditor, not to avoid their acls.	114, Squares, streets, and public places to be

aligned.

74. Minute-book to be kept. 116. Council may fix marks indicating align-

76. Minute-book to be open for inspection. ments.

16. I n cases of inability of office-bearer to 116. Notice to be given. Caveat may be

perform duties Cound may appoint entered.

other peP.no0 to do $0. l l 7. cav&

53" & 54" VICTORIE, No. 497.

The Municipal Corporationr Act. -1 890.

117. Caveat may be discharged. 153. Map to be approved by the Survegor-

118. Caveat may be withdrawn. General before deposit.

119. Governor may, if no caveat entered or 154. Map to be submitted to Council for report

sustained, declare alignments good. before being certified by Surveyor-

120. Governor may make regulations as to General.

caveats. 165. Notice of laying out new street&

121. Fees of Court.	166. Level, how fixed.
122. Plans of streets showing breadth of car-	167. Persons constructing street contrary to

riage and foot way to be deposited in	level fixed by the Council to pay ex-
Town Clerk's offlce.	penses consequent upon s change m the

123. Register of public streets to be kept. level.

124. Town Clerk to make entries in register 168. Width of private streeta.

from time to time.

125. Public streeto, roads, footways, &C., to be Xigkting.

made and kept in repair by the Council.

136. While street is under repair, Surveyor 159. Council empowered to light the Munici-

may put up barriers, &C. pality, or parts thereof, with oil, gas,

127. Steam road rollers. Conditions to be electricity, or otherwise.

observed on using steam rollers. 160. Contractors empowered under the direc-

tion of the Council to lay pipes through

128. Steam rollers may be used on any roads. streets.

129. Council may cause existing streets of not

less than 2Oft. in width to be formed, 161. Council may remove and alter number of

made, paved, and dreined. lampa, and nature of the light afforded.

130. Council may order land abutting on public 162. Before general lighting of the Munici-

street, not enclosed, to be fenced. pdity, power to light streets and partEl

131. I n default of fencing by owner, the Coun- theroof at the joint expense of Corpora-

cil may fence land at his expense, and	tion and the ratepayers of such streets,
&c. Expense, how to be defrayed.
order repayment.

132. Powers of Council with reference to

streets, &c. Sewerage and Drainage.

133. Private roads, yards, &C., to be kept clean 163. Council to repair and cleanse sewers.

by occupiers or owners. Council may cause surveys for sewerage

134. Posting bills, Cc., in public places with- to be made.

out permission of Council. 164. Control over public sewers vested in

136. Dangerous well, hole, or excavation near any public street, &C., may, after notice, Council.

165. Power to break up streeta for construction

be fencedin, &C., by Council at the cost of sewers.

of the owner. 166. Council to repair and cleanse sewers.

136. Excavations near ~ O O ~ W R ~ S. 167. Council to provide by-laws for private

137. Council may paint or s a x names of streeta sewerage.

on an house. 168. Owners of lands, &C., without boundaries may make drains to communicate with

138. ~ o u n c d may assign a number to each

house. main sewers.

139. Council may cause any public street to 169. Governor may, by Proclamation, declare that provisions relating to sewerage and drainage shall cease to appl to any Municipality. Same effect if %roolama-

be watered.

140. Council to keep footways in the public etreets of the same width and levels. tion already made.

141. Council may fence footways for safety of PubZic Heulth, &c.

passengers. 170. Powcr to Council to provide public con-

142, Footways may bc paved, an6 moiety of expense recovered. Owner not to re- veniences.

17 1. Council authorised to take all measures

cover from tenant unless special contract. requi~ite for public health, and to appoint

Interest may be charged to tenant or inspectors.

sub-tenant. 172. Powers and duties of inspectors.

148. Footway may be paved at request of 173. Council may order premises to be cleansed

owner or occupier. and nuisances suppressed.

144. Crossing places from public streets over footways to be regulated by Council. 174. Council to keep streets, footways, and surface drains proper1 y cleansed, and

146. Owners of property requiring communica- tion with main street.	cause ashes, &C., from houses to be re-
moved Occupier of dwelling-honaea
146. Council may require owners or occupiers of premises to make and repair crowing	may keep nightsoil, &C., for manure.

175. Council may contract for cleansing streeta,

places from main street. &C., and removal of refuse.

147, Boundary roads, .bridges, or other public works; how repaired and maintained. 176. Council to provide places for deposit of

nightsoil.

177. The nightsoil, ashes, and all refuse col- lected to be the property of the Corpom-

Alleys and Courts. tion,

148. No alley or court to be leas in width than 178. No person but contractore with Uouncil to

20ft. remove nightaoil.

149. Alleys to have two entrances. 179. No impure liquids to be nuffered to remain

150. Entrance to alleys to be secured.

in houses, &C., or to flow over carriage-

way s, footways, or water-channels.

180. Council may enter premises and abate

Private Streets. nuisances.

161. Formation, &C., of private ~ltreets. 181. Mayor may require owner to cleanae

152. The owners of properties on either aide liable to expeme of completion. premisee likely to engender digease.

SZaughW-

53e & 54" VICTORIW, No. 497.

The Muaicipal Carpodions Act.-1890.

Bkqhter- h ouses. Bevention of Fires.

l 82. Court for Liccmsing slaughter-houses for 2 11. Council may take measures for providing

mall cattle. supply of water for uae in the event of

183. Rules and regulations to be observed as by fire. Procure fire-engines, &c. Orea-

the Third Schedule. Proviso. nise fire-brigade, pay officers, &c. Give

184. Council may lease certain premises for rewards. Fix alarm-bells.

twenty -one years. 2 12. Bay, straw, and thatch not to be stacked

Hid6 and Skin Mnrts. in the open air.

185. Hide and skio marts may be licensed. 213. Ashpits to be constructed of incombus-

186, Corporatiom may establish hide and &in tible material. Fires not to be lit in

markets, &c. open air.

214. Chimneys not to be allowed to take fire.

215. Inflammatory buildir~gs in public or other

Public Baths. places may, by Proclamation, be ren-

187. Council may establish publio baths. dered liable to removal.

216. Inflammatory building8 mny be ordered

Bazaarn. to be removed.

188. Bazaars may be licensed. 217. Compensation to be ascertained by arbi-

tration.

218. Juniioes may, in default of compliance

l8Q. Stands for licensed vehicles. with notice. order r e m o d.

190. Temporary stands may be appointed. 219. Council may innpect bridgcs, &C., and

require alterationa.

Public Wu~ztains. 220. Council may alter creek or waterway.

191, The Council may construct public foun-

t a i n ~, &c.

Park Lands.

192. Power to Council to improve park lands

and reserves. PART VIII.

Depasturing Licemes. A88ESSMENT8, APPEALS AGAINST ABSEBSMENTB,

193. Council may grant licences for depastur -

ing on park lands and reserves.

Sand and Gravel Licences. 22i. Annual estimate of income and expendi-

194. Sand and gravel licences. ture of Corporation to be published.

322. Annual asaessmcnt to be made.

Ae to Buildiqp. 223. Valuator may enter upon ratable property.

196. No person to commence the erection or pulling down of any building by which	224. Notice of valuation to be left.
225. Assessment to be submitted to Council

obstruction to the streets may be occa- for allowance.

sioned without notice to Surveyor. 226. Notice of allowance of assessment and of

Hoarding8 to be erected. sitting of Council for hearing appeals to

196. No hoardings to be erected without Licence be given.

from the Surveyor. 227. Every person interested entitled to take

197. Hoardings to be kept in good condition, and extracts from asaeasment-book.

lit up from funset to sunrise. 228. Council empowered correct errors in

198. Hoardings, &C., erected and materials de- posited in any manner otherwise than aaseasment - book.

229. Persons appearing as owners nr occupiers

permitted by licence may be removcd	may have their names ralroved on
and sold.	change of ownership or occupation.

199. Damage done to footways, drains, &C., by erection of hoardings, &C., 230. Council may use assessment of previous

to be made year, with necessary alterations.

d. 23 1. Appeals against assessments.

200. \$bile building is in progress footway to 232. Appeals, how and where heard.

be covered. 233. Time fur appealing. Time of hearing

201. Roofs cf houses, how to be made. appeals.

202. Wooden partitions between separate houses prohibited, and to be removed	234. Clerk to ~roduce assessment-book.
235. Appeals from decision of Council.

and replaced with stone or brick. 3S6. Costs on a peale.

208. Bpnce to be left between timbers in 237. Bpecial &@trate or Justice not die-

party-walla, &c. qualified from hearing appeal because

204. Buildings, partitions, ceilings, and veran- dahs of inflammable materials prohi- ratepayer.

238. Council may declare rates.

bited. 239. Watering rate.

206. Power to corporation to suepend opera- tion of previous ten sections, or any of	240. Special rate.
241. Eatepayers may memorialise for specific

them. works.

206, Continuance of suspension effected under 242. Contents of memorial,

c c The Munioipal Corporations Act,	243. Nemorial to be verified.
1880."	244. Council may make ratea and execute

207. No building to project on any public . - works in accordance with memorial.

street or plaoe. 245. Beparate rates for such works to be pay-

208. Jueticee may, after notice, cause en- able by all ratepayers within ward

croachment to be removed. affected.

208. Measures to be taken in case of ruinoua 246. Separate account to be kept of separata

or dangerous building. rate.

210. Council may sell materials of buildings 247. Appropriation of unexpended balance of

pulled down in payment of expenses in- separate rate.

ourred. 248. Notice of rate. Heeting

53' & 54' VICTORIW, No. 497.

The Municipal Corporations Act.-1880.

ilieeti+zg to oonrent to Bate. PART XI.

REVENUE AND EXPENDITORB.

249. Consont to rate, how obtained. 283 Revenue of Corporation, of what it shall

250. Ratepayers may demand poll. Poll may

be taken. consist.

251. Number of votes regulated by amount of 284. Money to be paid into Municipal fund, and drawn out bv cheque aimed by

assessment. to be banked when amounting to X5,

-

certain officers.

286. Subsidies may be withheld from Corpora- tions not cornplvin~. with Act.

- " -

PART IX. 286. Revenue, how to be expended.

BECOVERY O F RATES.	287. Proper books of account to be kept.
268. Accounts to be balanced twice ineach year.

262. Rates when payable.	289. Auditors' duties.
253. Collector to leave particulars of rate.	290. Balance-sheet to be laid before the House '

254. Rates, bow recoverable.	of Assembly, and printed for distribution.
255. Distress for rates in arrear.
'L5 6. Occupier primarily liable and ultimately

owner. PART XII.

267. Liability of persons appearing in assess- ment-book as owners till new names POWEIl T O FAKE LAND FOR WOllRS AND

UNDERTAKINGS.

inserted or notice given of change. 291. Power to take land compulsorily.

258. Collector may give notice to tenants to pay rents to him when rates payable by 292. Plans, &C., of works, &C., to be prepared.

293. Publication of notice. Service of notice.

owner are in arrear 294. Objections.

269. Protection to tenants paying rates for which owners are liable.	295. Power to receive evidence.
296. Order for execution of work. Confirma-

260. Apportionment of rates between landlord tion of order when it is required to take

and tenant. land compulsorily.

261. Council may insert notice in Gazette when rates in arrear for one year.	297. After confirmation work may be executed
298. Order, when confirmed, to be valid.
262. Corporation may let land for payment of	299. Lands Clauses Consolidation Acts incor-

rates. porated.

263. Land may be sold for payment of rates. 300. Enhancement of owner's landa to be con-

264. Transfer to bsve effect as ordered, and Registrar-General to do all acts neces- sidered in estir~lnting compensation.

301. Power to take tem~orurv ~oseessionof land.

sary. 302. Council to separate l a d s if required.

265. Properties comprised in different asses8- ments may be included in one petition. 803. Compensation to be made for temporury

occupation.

304. Compensation, how to be ascertained.

305. Council may make surveys.

306. Power to lease and sell surplus land and

property.

PART X.

LOANS. PART XIII.

266. Corporation, with consent of ratepayers, may borrow on security of special or OFFENCEB AND PENALl'IB8.

307. Acts of commission or omission set out in

separate rate.

the following Schedule to be offences

and punishable according thereto.

267. Council before borrowing to prepare plans,

estimates, &C. 308. Pcrsons examined on oath, &C., making

2138 Notices to be published before borrowing.	false stutc~nent guilty of perjury, and
puni~hable accordingly.

269. Power to demand the submiasion to the

ratepayers of the proposal to borrow. 309. Forgery.

270. Scale of voling.	3 10. Non-performance of provisiom of this Act.
3 11. Penalty for off encp against this Act.
271. After obtaining consent of ratepayers, Council by a majority of the whole may	312. Conviction not to bar action.

mabe order for loan, to be approved by	313. Governor may remit fines.
the Ninister in certain cases.

272. After order, debentures may be issued, whereupon the special or separate rate PART XIV.

becomes continuous till the clischarge of RY-LAWS.

the loan. 314. By-laws may be made by Council. Alleya.

273. How special or eeparilte r a b to be appro- Auctions (evening). Bathing. Baths.

priated. Sinking fund. na~aars. Bread. Buildings. Cattle.

274. Power to borrow. Rates may be appropriated. Repayment of money. Cellars. Chimney -sweeps. Crossing-

places. Dairies. Disorderly places and

275. Debentures and coupons to be in form in conduct. Dogs. Drains (private).

the Eighth Schedule. Elections. Fires. Fountains. Gas.

276. Repayment of monoy bolrowed.	Goats. Gunpowder. Hawkers. Horses.
277. Debentures and coupons to be payable to	IJghting. Marine store dealers, Markete.

bearer Otficers. Park lands and reserves.

278. No priority amongst debentures and cou- Passenger and other vehicles plying for

pons. hire. Porters. Proceedings at meetings.

279. Council to keep separate accounts of rate Public health and sanitary. =ver and

oaen to ins~ection of debenture holders. water courses. Seaweed. Signboards.

280, ~ G e i v e r m& be appointed in case of Slaugher-houses. Streets and footwaye.

default. Sunday. Tramcars. Wash-houses.

281. Ri ht of bondholdera under Municipal Weighbridges. Weights on vehiclee.

Borpotations a c t of ISSO. Weights and measures.

282, Advances from Badke. 316. f'alidation

53" & 54" VICTORIW, No. 497.

The Municipal Coyorations Act.-l 690.

316. Validation of by-lawe. 353. Pcnalty on occupier obstructing owner

316. Two-thirds of whole Council requisite for from carrying Act into effect.

passing by-laws. No bp-law to be re- 354. Powers of entry by o5cers of Council.

pugnant to this Act, or laws of the 356. Fitics and penalties may be recovered

colony. before two Justices.

817. By -laws, when confirmed, to have same force as if substantivelv enacted.	356. Proceedings before Justices.
357. On non-payment of penalties, &C., $us-

318. Power to arreet offende; against by .laws tice may imprison.

if he refuse his name and address. 358. Appeal to Local Court from order made

by Justices.

3.59. Court may, on appeal, state a case for opinion of Supreme Court.

PART XV. 360. No ofiicer to be sued or prosecuted by

EVIDENCE.

reason of contract or liability entered

into or incurred by the Council.

319. Proclamation in Gazstle to be conclusiva eyidence of preliminaries having heen 361. Property stolen from a Corporation, &C., may be stated in indictment to be the

done. property of the Corporation.

320. Gazette containing notice evidence of elec- 362. Proceedings, when tn be commenced.

tion, &c. 365. Declaratioti required by Act, how made

321. Gazette evidence of resolution of Council

or proposition notified therein. Perjury.

322. Minute-book evidence of proceedings.

323, Assessment-book and Gazbt te containing

notice to be evidence of assessment PART XVII.

or rate. PROVISIONS AFFECTING TWE COHPORATION O F

324. Assessment-book and Gazette containing notice to be evidence of assessment, THE CITY O F ADELAIDE ONLY.

rate, or order for borrowing money. 361. Corporate name of the City of Adelaide.

326. Copies of and extracts f ~ o m assessment or 365. Boundaries of City of Adelaide.

minute book or register of public etreets 366. Number, names, and boundaries of city

to be evidence. wards.

326. Saving of rules of evidence. ,367. Town Acre 203 to continue vested in

327. Certified copies of by-laws as evidence. Corporation.

328. Corporate aeal and signatures of Mayor and Town Clerk prima facie evidence of 368. Government rescrvcs excepted from con-

trol of Council.

execution of deeds and documents.

369. Thc Governor may take temporary con-

trol of Park Lands for military purposes.

370. adoiety of costs of asphalting footways

PART XVI. before this Act may be recovered.

PART XVIII.

329. Writ of quo war~anto abolished.

330. Mandamus abolished.	PROVIBIONB RESPECTINQ ALDERMEN.
331. Certiorari taken away.

332. Proceedings for trying title to office to be 371. After Proclamation by Governor this part

before Justices. of Act to apply to any Municipality.

333. Jurisdiction of Justices. 372. Poll of citizens to be taken befort, petition

334. Claims by Co~incil to moneys not ac- counted for bv o5cer mav be decided presented.

313. How poll to be lakm.

by Justices. " 374. Partioultws to Le contained in Prodama-

336. On non-compliance with order Justicee may inflict punishment. tion.

375. How first Aldermen to be elected.

336. Time within which proceedings may be 376. Qualificntion and mode of election of

taken. Aldermen fimt elected.

337. Facilities for testing validity of by-laws.	377. Mode of retirement, of first Aldermen.
338. Order of Council for payment of money,	378. Aldermen to be members of C~unoil.

how enforced. 379. Proclamation under Part xv. of Municipal

339. Service of notice*, orders, &c.

Corporations Act, 1880.

340. Service on Corporations.

341. Service of notices may be proved by

affidavit.

842. Authentication of certain documents by

the Council. MISCELLANEOUS.

343. Repre~entation of Couiwil in cases of 380. General provisions for voting at citizens

insolvency. meetings.

344. Representation of Council before Justices 381. General provittione for voting at citizens'

and in Local Court. polls.

34 6. Reimbursement of officer.	382, Coet of advertisement.
346. Occupier may execute works in default of owner, and deduct from rent.	383. Gcvernor may make regulations.
384. Gasette conclusive evidence of regulstions,

847. Recovery of expenses from owner.	and also of either House objecting to
348. Expenses may in certain oases be re- covered from occupier.	them.

3 8 5. Privileges of companies retained.

849. Trusbe, BC., not liable beyond funds in

hand.

860. If trustee, &C., in default Council to have

power to lease or eell.

361. Umit on liability of occupier. TEE SCHEDULES,

862. Payment of expense8 by ini3tdmentrr. An

53O & 5 4 O VICTORIW, No. 497.

-

The Municipal Coqoorations Act.-1890.

An Act to consolidate and amend the Laws relating to

Municipal Corporations.

[Assented to, December 2 3 ~ 4 1890.1

<REAS it is expedient to consolidate and amend the laws ~r-bie.

W"" by the Governor of the Province of South Australia, with the advice relating to Municipal Corporations-Be it therefore Enacted	and consent of the Legislative Council and House of Assembly of
the said province, in this present Parliament assembled, as follows:

1. This Act may be cited for all purposes as '(The Municipal Shorttitle.

Corporations Act, 1890."

2. This Act ghall be divided into tweuty parts, relating to the Diviaionof ~ c t into

following subject-matters :- P*.

PART I.-Repeal and interpretation:

PART 11.-Creation of Corporations and New Wards, and

Alteration of Wards:

]'ART m.-councils, Members of Councils, their Qualificationl

Disqualification, and Retirement:

PART IY .-Qualification, Disqualification, and Enrolment of

Citizens- Cour ts of Revision:

PART v.-Election	of Mayor, Councillors, and A.u,ditors:
PART VI .-Meetings	and Powers of Councils and Corporations:

P ART V 11 .- Municipal Functions of Councils:

PART v111.---Assessmen ts, Appeals against Assessmcntfi, Rates.

PART IX.-Recovery	of Rates:
PART XI.-Revenue	and Expenditure:

PART x11.-Power to take Land for Works and Undertakings:

PART xrrx.-Offences and Penalties:

PART XVI.-Legal Procedure:

PART x v 11.-Provisions affecting the Corporation of the City of

-4delaide only:

PART xv II I. -Provisions respecting Aldermen:

.- PART xrx.-Miscellaneous, PART

.-P 53" & 54" VICTORIW, No. 497.

The Municipal Corporations Act.-1890.

PABT I. PART I.

REPEAL AND INTERPRETATION.

aepea~. 3, ( c The Municipal Corporations Act, 1880," is hereby repealed.

saving clause. 4, Nothing herein contained shall affect the validity of any Pro- clamation, election, assessment, act, deed, bond, coupon, matter, or thing lawfully made, held, executed, validated, or done, under or by virtue of the authority of the said rcyealed Act, or of any by- laws lawfully made in pursuance thereof, or prevent any penalty being imposed, enforced, or recovered, or any punishment being in- flicted for any offence heretofore committed against the said Act or any of the said by-laws.

Provision for con-	6, All Corporations and wards now existing and heretofore
timing existing Cor-

pOmtiOman~~p-~rk	constituted, designated, and appointed under the said repealed
Act, or under any Acts or laws heretofore in force respecting Corporations, shall be and continue Corporations and wards under and subject to the provisions of this Act; and all mayor^, Aldermen, Councillors, Auditors, and officers, or other persons appointed, clected, or holding any offices under or by virtue of the Act hereby repealed, or under or by virtue of any Acts or laws heretofox in force respecting Corporations which it would be lawful for such persons to hold under the provisions of this Act, shall continue in and hold such offices under and subject to the provisions of this Act; and all proceedings 6oud me commenced and prosecuted and now depending under the said repealed Act, shall proceed in every respect as if this Act had not been passed; and all lands, tenements, hereditaments, and pre- mises, and property of cvery description whatsoever vested in, belonging to, or under the care, control, or management of any Corporation or Council, shall be and continue vested in, belonging
to, and under thc care, control, and management of such Corpora- tion or Council; and all rates and debts due before the passing of this Act to any Corporation may be collected, levied, and recovered
in the manner provided by this Act for the recovery of rates and debts, and all the right S, powers, liabilities, contracts, and engage- ments of any Corporation, or of any officer or other person appointed or elected under the provisions of the said repealed Act, or under any Acts or laws heretofore in force respecting Corporations, or i n b which any such Corporation officer or person may have entered, or to which any such Corporation officer or person may be entitled or be subject under the said repealed Act or the said Acts, or any of them, before the passing of this Act, may be enforced by and against every such Corporation officer or person in the same manner as if this Act had not been passed; and all by-laws existing and in force at the time of the passing of this Act shall be, remain, and continue in full force and effect-subject in all cases to the pro- visions of this Act.

6. In

53" & 54" VICTORIW, No. 497. '

The Municipal Corporations Act.-1 890,

6. I n the construction of this Act, except where the subject

matter or context, or other provisions hereof, require a different	General interpretation
construction, the following terms in inverted commas shall have the	c law.
respective meanings hereinafter assigned to them, that is to my--

('Assessment" shall mean an assessment made pursuant to this

Act:

" Clerk" shall mean the Town Clerk:

"Corporation" shall mean any Municipal Corporation now in

existence or hereafter to be created:

" Council" shall mean and include the Mayor and Councillors of any Municipal Corporation under this Act, and a quorum thereof, but so that the powers, authorities, duties, and obligations hereby conferrcd and imposed upon every Council shall be exerciscd and liable to be performed by such Council only within the limits of the Municipality which they represent:

L ' Mini~ter " shall mean the Minister administering this Act, or

the part to which the expression relates:

'' Municipality" shall mean any locality the citizens or inhabi-

tants of which are incorporated, ox are continued or become

incorporated, under this Act:

" Occupier" shall include leaseholder:

" Owner" shall include the person for the time being receiving or entitled to receive the rents and profits of any lands, messuages, or hereditaments within any Municipality, whether on his own account or as agent, trustee, or attorney for any other person:

" Park lands" shall mean any open or enclosed park lands included in or adjoining any Municipality, which are already,

may be vested in the Corporation, or be under the control or shall hereafter be, declared or set apart for the use and enjoyment of the inhabitants of such Municipality, or which and management of the Council:

" Pave,"	paved," and ' c paving," shall mean and include paving with asphalt, flags, or other stone, or any other material that the Council may deem expedient, and shall respectively
include kerb," " kerbcd," and kerbing ":

Public Health Act " shall mean and include " The Public Health Act," The Public Health Act, 1876," and "'The Public Health Acts Amendment Act, 1684 ":

" Public notice " shall mean notice by advertisement in the

Government Gazette :

" Public place " shall include every road, street, lane, footway, court, alley, and thoroughfare which the public are allowed to use, and whether,formed on private property or not, within the limits of any Municipality: Ratable

B-4 97.

10 53" & 54" VICTORIW, No. 497.

-- W

117te MunicipuE Corporations Act.-1890.

Paar r,

- Ratable property " shall mean and include all buildings, lands, tenements, and hereditaments (including land belonging to the Crown), with the following exceptions, namely: Land belonging to the Crown, and not granted nor lawfully con- tracted to be granted in fee-simple to any person, and not leased to or in the occupation of. any person: Lands and buildings, and parts of lands :md buildings, used exclusively by the Go~ernment for any public purpose, and not occupied

as a place of private residence: Provided that where the

Government occupy any property owned by a private person such property shall be ratablc: Any hospital, lunatic asylum, benevolent institution, or buildings used exclusively for charitable purposes: Any church, chapel, or buildings used exclusively for public worship: Any building belonging to

an academical institution which shall have obt&ned an Act

of Incorporation, if such building be used directly for the academical purposes of such institution, and any other building or part of a building used exclusively as a school, whether private or public:

Ratepayer" shall mean and include the occupier of ratable property, and also the owner, other than the Crown, of ratable property, whether occupied or not, within the Muni- cipality:

Real Property Act " shall mean and include *' The Real Pro- perty Act, 1886," "The Estates Tail Act, 1881," and all other Acts now or hereafter amending or repealing the Real Property Act, 1886, or incorporated therewith:

Roll of voters " shall mean the citizens' roll or other authorised list of persons entitled to vote, or assessment book or copy thereof, as the case may be:

Street" shall mean and include every public square, place, road, terrace, or thoroughfare, or any private street, subject to the provisions of this Act, and may be so used in any summons, information, or indictment:

a Surveyor" shall mean and include the surveyor of every Muni- cipality, and any officer of a Municipality performing similar duties, or duties by this Act or any by-laws of a Municipality directed to be performed by or imposed on the surveyor, by whatever name such officer may be called:

The Lands Clauses Consolidation Acts " shall mean and include

The Lands Clauses Consolidation Act (being No. 6, 1847),

the Act to amend the same (being No. 26,2855-61, and a The Lands Clauses Consolidation Act Amendment Act, 1881 " (being No. 202, 1881):

Town Clerk" shall mean and irlclude the Town Clerk of every Municipality, and any officer of a Municipality performing similar duties, by whatever name he may be called:

Writing "

53O & 54' VICTORIE, No. 497.

-, ---L-

The Municipal Corporations Act.--1 890.

'' Writing" and written " shall include ( c printing " and printed," PART I.

and vice uersd. Documents required to be written may be partly printed, and documents required to be printed may be partly written.

PART 11.

CREATION O F CORPORATIONS AND NEW WARDS

AND ALTERATION OF WARDS.

7. The Governor, on a petition, as hereinafter mentioned, may, Governor may, on petition, do certain

by Proclamation in the Government Gazette, from time to time, do beby pmdamation.

any cme or more of the following acts:-

He may constitute new Municipalities of land wholly within or Constitute new Cor-

wholly without, or partly within and partly without, any porations.

existing Municipality, and may define the number and

boundaries of the wards therein, and fix the names thereof,

and may declare the citizens of any such new ~ u n i c i ~ a l i t y

to be a Corporation under this Act:

H e may appoint the first Mayor and buditors of tion, and the first two Councillors for each ward therein: a new Corpora- *ppointfirst oace- bearera.

He may alter the boundaries of any Municipality, either by MooiOipalitioa. Alter boundaries of

separating portion thereof from such Municipality and declaring that it shall no longer form part thereof, or by adding other land to such Municipality, and may form or divide any land so added into a ward or wards, or may join the land so added to any ward or wards already existing:

H e may re-arrange the wards of a Municipality and increase or ~ ~ ~ ~ ~ ! & -	diminish the number of such wards, and alter the names number of wards.
thereof:

He may, when the number of wards in a Municipality is increased, Appoint Councillors for new wards, and

appoint two ~ouncillors for each new ward, who shdl hold a,br,ine what

office until the next annual election of Councillors under :,"s;fn;tzce.

this Act, and may, when the number of wards is diminished, determiie whichWdf thc Councillors ahall cease to hold office:

of this Act, be constituted, unless the value of the ratable property Municipalities. 8. No new Municipality shall, after the coming into operation :$$$;;P

within the proposed boundaries shall be sufficient to produce at least Three Hundred Pounds per annum from the, general rate authorised to be declared under this Act.

9. The petition shall contain the following~particul~rs,	and	shall	P a r t i c d ~ s
tsined in petition. to be cona

be signed, as follows-

For forrninq U New Municipality.

The petition shall set forth the name by which it is proposed that

such Municipality shall be Incorporated, the number and

names of the warda into which it is proposed to divide the

*

same,

53' & 54" VICTORIK, No. 497.

27te Municipal Corporations Act.-1 890.

PABT 11. same, and the names of the proposed first Mayor and Audi- tors, and the proposed first Councillors for each ward of such proposed Mu&cCpality, and shall also define the boundaries of such proposed Municipality and wards respectively, and shall be signed by not less than two-fifths of the ratepayers or owners of ratable property within the proposed Munici- pality.

For altering the Boundaries of a Municipality.

The petition shall define the boundaries tbf the land proposed to be separated or added, and shall be signed by not less than two-fifths of the ratepayers or owners of ratable property within the land proposed to be separated or added.

For re-arranqing the Wards of a Municipality, or increasing or diminishing their number, or altering the names thereof.

The petition shall define the names and boundaries of the wards

into which it is proposed to re-arrange the Municipality, the num-

ber, names, and boundaries of the wards into which it is proposed to

increase or diminish such Municipality, and the names of the first Councillors for any new ward to be crcated thereby, the names of

any Councillors who should cease to hold office in consequence of

any diminution in the number of wards, the name of any ward which it is proposed to alter, and the name proposed for such ward; and such petition shall be signed by not less than one-fifth of the ratepayers of the Municipality.

Petition to be pub- 10, Every such petition shall be published for three consecutive

lished in Gaaette. weeks in the Governnwnb Gazette.

Cause map be ehown 11, Any person or persons may, by counter-petition or counter-

ptition. petitions presented to the Governor within twenty-one days from the first publication of the original petition, show cause against

petition or counter-petitions shall also be published for three con-	any such petition, or any part thereof, being granted; which counter-	secutive weeks in the Government Gazette, and the original petitioners shall have the right to reply thereto by petition in reply within twenty-one days from the first publication of such counter- petition, or of the last published of such counter-petitions if more than one, which petition in reply shall be forthwith published oncc in the Government Gazette, but no further petition or reply there to
shall be considered or published.

When~rochmstion 12. Every such Proclamation may, if a counter-petition shall

to iesue.	have been presented, issue not earlier than nine weeks from the first
publication of the original petition, or, if there shall have been no counter-petition, not earlier than four weeks from such first publi- cation; and the Governor may by every such Proclamation grant the prayer of the original petition, or any part thereof, with such alterations or modifications as may appear to him necessary or expe-
dient. 13. From

53' & 54" VICTORIE, No. 497.

The Munic@al Corporations Act.- D W O.

13, From and after the publication of every Proclamation creating PAST 11.

a new Corporation, the citizens of the Municipality defined in such

Effect of Pmlama-

tion creating new

Proclamation shall be a Corporation under and subject to the pro-

Corporation.

visions of this Act; the Mayor, Councillors, and Auditors therein named shall be Mayor, Councillors, and Auditors respectively of such Municipality under and subject to, and in the same rnanncr as if they had been elected under, the provisions of this Act; and the boundaries of the Municipality and the wards thereof therein defined shall constitute the boundaries of such Municipality and wards respectively.

14, From and after the publication of any Proclamation

Effect of Proolama-

tion altering

altering the boundaries of any Municipality, or re-arranging, in-

boundariee, &c.

creasing, or diminishing the number, or dtcring the names of the wards of any Municipality, the boundaries of such Municipality, the number, names, and boundaries of the wards of such Municipality, and the Councillors appointed to hold or to cease to hold office as defined, declared, or named in such Proclamation, shall respectively

be the boundaries of such Municipality, the number, names, and

boundaries of such wards, and the Councillors holding office or

ceasing to hold office, as therein mentioned.

15, The Governor, on the petition of any Council, may, by Pro-	Governor may divide
Municipality into

clamation in the Government Gazette. divide into wards anv Mu-	wards.
nicipality which may not have heretdfore been divided, desdribing the boundaries of such wards, and may assign a name to each of such wards, and the Municipality shall thenceforth be divided and formed into wards as may be described in such Proclamation.

16. The Governor may, without petition, excrcise the powers Governormayadd

conferred upon him by section 7 of this Act, of adding land to a nicipality without Crown lands to Mu-

Municipality in any case where the land so added belongs to the petition. crown,-and" has n"ot been granted or lavfully contracGd to be granted to any person in fee simple, or for an estate of freehold.

17, The Governor may, from time to time, by any order or Governor map appor-

orders, apportion, settle, or adjust any property, rights, liabilities, or tion property, &C.

matters which he shall consider ought to be apportioned, settled, or

adjusted in consequence of the exercise by him of any of the fore-

going powers.

18, The Governor may, by Froclametion, from time to time, on Governor may; by Proclamation, appoint

a petition of a majority of the Council, appoint any person or ,,, to,,,,,

persons to fill any vacamy or vacancies occurring in the office of ordinar vacancies

Mayor, Councillors, or Auditors in any Municipality before the time	before rat election.	E
appointed by this Act for the first election in such Municipality.

19, Every such Proclamation as last aforesaid may issue forth- such~rociamation

with after the receipt of the petition, and shall be published once in mayisue foahwith

the Government Gaxett~, and after such publication the person or

persons therein named shall hold office until the first election in the

Municipality. PART

-

14 53° & 54" VICTORIW, No; 497.

The Mtnicipal Corporations Act.-1890.

PAW ID. I

PART 111.

COUNCILS, MEMBERS OF COUNCILS, THEIR QUALIFI-

CATION, DISQUALIFICATION, AND RETIREMENT.

&nnber~) of COW- 20,

The Mayor and Councillors of every Municipality appointed or continued as hereinbefore mentioned, or elected as hereinafter mentioned, shall constitute a Council for the good government of such Municipality, the management of the affairs thereof, and the exercise within the limits of such Municipality of such powers and authorities as by this Act arc vested in or delegated to Councils.

rati~to"Exwutiye

couno31.

Constitution of 21, Every such Council shall consist of a Mayor for the Munici-

Council. pality and of two Councillors for each ward thcrein, which Mayor and Councillors ~21nll be elected from among and by the qualified citizens of such Municipality as hereinafter provided.

D i ~ W o a t i o n	for	22, The following persons shall not be or continue members of
Any person who shall hold any office or place of profit (other

membera of Council. any Council-

than that of Mayor) in the gift or disposal of the Council:

Any person who, by himself, his partner, or otherwise, shall have any interest in any contract (except for advertisements or printing, or any share in any lease, sale, or purchase of land, or any agreement for the loan of money, or any security for thc payment of money) with or employment under such Council: Provided that no person shall be disqualified from being a Mayor or Councillor by his being a proprietor, member, or shareholder of or in any public company incor- porated under any Act of Parliament, or registered under any Act for registering Joint-Stock Companies and limiting the liability of the members thereof, by reason of any contract entered inio by such company with any Corporation in which	he holds the office of Mayor or Councillor; but no such	Mayor or Councillor, bcing a proprietor or shareholder in
any such company, shall vote on any question relating to any
contract in which such person or company is interested:

Any person absent from the province at the time of elect~on, un,-

less such person shall have consented in writing to be nominated to the office of Councillor, and to act as Councillor

if elected:

Any female:

Any minor:

Any mnce~tificated insolvent.

vacancies in officeof

Mayor or Councih, 23. The following causes shall create a vacancy in the office of

how oocaeioned. Mayor or Councillor-

Death, lunacy, insolvency, executing a statutory deed of asaign-

ment

53O & 54" VICTORIAE, No. 497.

The Municipal Corporations Act.-1890.

P ~ m 111*

ment for benefit of creditors, or compounding with creditors

for less than Twenty Shillings in the pound:

Absence from the Council for three consecutive ordinary meetings without leave of the Council, followed by resolution of the Council declaring the office vacant, which resolution the Council may, but are not bound, to pass, within three weeks next after the expiration of the said three consecutive ordinary meetings:

Absence from the province for three consecutive months without leave of the Council:

Disq~alifica~tion as hereinbefore provided:

Retirement by rotation as herein provided:

The judgment or order of any duly authorised Court or Justices declaring the ofice vacant on the ground that any Mayor or Councillor is not properly qualified, appointed, or elected, or declaring that any person ought not, from any cause hereby declared to disqualify, or from incapacity to act, or any other lawful cause, to hold, or continue to hold, office.

24. There shall be two Auditors for every Corporation, who shall Audito'MI. Appointment of

be elected in the same manner as the Mayor is to be elected.

25. The qualification and disqualification for the office of Auditor ~ ~ ; ~ ~ ~ f

Auditors.

shall be the same as in the case of a Councillor, except that the Councillor shall be Auditor for a Corporation of the Council of which he is a member: Provided that any Auditor if otherwise qualified may be elected a member of the Council of the Corporation for which he is Auditor, and shall thereupon cease to be an Auditor.

36, The following causes shall create a vacancy in the office of How vacenciea in ofice of Auditor

Auditor, viz.- Death, lunacy, idiotcy, or insolvency: occasioned.

Absence from the said province at the time appointed for balancing the Corporation accounts, or non-attendance at any audit after seven days' notice, in writing, shall have been given to any Auditor; or left at his last-known or usual place of abode in the province, of thc time and place appointed for the audit:

The judgment or order of any duly authorised Court or Justices declaring the office vacant on the ground that an Auditor is not properly qualified or elected, or declaring that any person ought not, from any cause hereby declared to disqualify, or from incapacity to act, or any other lawful cause, to hold, or continue to hold, the office of Auditor.

27, On

L6 5 3 O & 54" VICTORIJE, No. 497.

The Municipal C'orporations Act.-1890.

PART 1x1. 27, On the first day of December in every year the Mayor and

Major and one COW- one Councjllor of each ward, and one Auditor of every Corporation for each wad* (subject as regards Auditors as mentioned in section 289 of this Act)

~ r l one Auditor, to go

out of OBCB

December in each on f i ~ t shall go out of office, but shall, if then qualified, be eligible for re-

P=-	election; but this provision shall not apply to any Corporation hereafter proclaimed, until one year after the date of the Procla-
mation creating such Corporation.

bti~-~mentof Co~n-

aillora and Auditors, 28, The Councillors and Auditors so to retire shall be those who

how mguhteii. shall have been the longest in office without re-election, but in cases when the period of office shall bc equa,l they shall retire by ballot.

person

elected to fill extra- 29. Every person elected to supply any extraordinary vacancy in

ordinaryyacmp.	the office of Mayor, Councillor, or Auditor shall, for the purposes of
retirement, be dccmcd to have becn elected when his immediate predecessor m office was elected, and shall retire accordingly: Yro- vided always that any such person so retiring shall be capable of being forthwith re-elected if then duly qualified.

PART IV.

PART rv.

QUALIFICATION, DISQUALIFICATION, AND ENROL-

MENT O F CITIZENS-COURTS OF REVISION.

30, Every person of full age who, on thc first clay of October in any year, shall be seized of or occupy any ratable property within any Municipality, either as owner or occupier, and whose name as such owner or occupier shall be inserted in the assessment herein- after directed to be made, shall be a citizen and a member of the Corporation of such Municipality, and be entitled to be enrolled on

' the citizens' roll and to vote at all elections and meetings and polls

of citizens in such Municipality under and subject to the provisions

of this Act.

Diequalification for

oitieen. 31, The following persons shall not be entitled to be enrolled on

the citizens' roll of any Municipality-

Any alien:

Any person in receipt of public relief or alms:

c i ~ e n s be 32. On or before the first day of October in each year, and at

~ m ~ a r d * l

mch other times as the Council may direct, the Town Clerk of every

Municipaiity shall cause an alphabetical list of all persons entitled to

be enrolled as citizens under the provisions of this Act in each of

the wards in such Municipality to be prepared, and shall cause a sufficient number of copies of such list to be forthwith printed or copied, and one of such copies to be affixed on a conspicuous build-

ing or place in each ward.

Claitna for iwfion 33, Any person whose name shall have been omitted from such

of and objeotions to

nalaea on list.

citizens' list may claim to have it inserted tbereon, and any citizen

whose

53' Er 54" VICTORIW, No. 497.

whose name appears on such list may object to ally other person as	PART	nr.
not being entitled to have his name retained thereon.

34, Every claim by any citizen to have his nnrxle inserted on Prejczibed f ~ m of

clalms and objectione,

such list, and every objection bp a citizen to the rmmc of any other sndwhentokomde.

prrson being retained on such list, shall be rcspcctively in the forms specified in the First Schedule hercto, but no such daim or objection shall be available at the Revisiol~ Court hereinafter directed to be held on thc! fifteenth day of ru'ovembcr, unless the same shall have been lodged in the oflice of thc 'Town Clerk (as respects claims) not latcr than the first, and (as respects objections) not later than the third day of Nuvembcr in every year; and 110 claim or objrction shall 1)e available at any othcr Court of Rc~isioti unlcss the same

shall have been lodged in the officc of the Town Clerk at the time

prescribed by the Council by public notice.

35. 'L'he Town Clerk shall cause alphabetical lists of all snch Alphabetical liata of

clainls and objections to be prepared and exhibited in Some COD- tobrexhibit,edineach chirns and objections

spicuous place in each of the s;~:d several warcls for sevendays at the hcforc ~"1d~""en revision. +rs

least prior to the sitting of the Court of Revision hcreinaftcr mcn-

tionecl, and shall also give public notice thcreof.

36. 'rhe Co~~ircil of every Municipality shall constitute an open ~ o u n c i l to 10 Court

Court for thc rcvision of the citizens' list of sruh Municipality, O	"@""~".	'
and for hearing and determining the claims of the citizens thereof to be inserted in such list, and thc objections of any citizens to any person's name being retained thereon, and shall sit for the purposes aforesaid on the fifteenth day of November in every year, and at such other times (if any) as such Council may from time to time appoiu t.

37. The T o m Clerk of cvwy Mimicipnlity shall cause 1.0 be Puhiic notice of sitting of Court of

given, not less than scven clajvs' previouspblic noticlc of t h ~ time R evision to be given.

and place of the sitting of any Court of Ecvision in his Municipality.

t o examine persons upon oath respecting the said claims and objeo- Revision Court, 38. The Council sitting as R Court of Revision shall have power frmeedin~~at

tions and all matters connected with the revision of the said list,

and after hearing the best evidence of which the cases mill admit,

the said Court shall make the necessary additions or erasures to or

from the said list, and may, by an order under the hand of the

Mayor or 'Town Clerk, award costs not exceeding Twenty Shillings

against any person who shall prefer claim or an objection which

by the Conrt shall be deem~d f~.ivolnus, and may erase from the

said list the name of any person who shall not have paid all lates

then due and payable by him i n respect of the property f o r which	'
he may claim to vote, or who may be dead at the time of the re- vision of the said list, and ma? correct any mistake made in the name of any citizen inscrtod in the szid list, o r whose name may have been crroneoosly inserted more than once in the liet of any one ward, and may add to or remove from the said list any inter-

c - i g ~. mediate

53' & 54" VICTORIE, No. 497.

The Municipal Corporations Act.-1890.

mediate name that may have bcen erroneously omitted from or added to the name of any citizen, and may correct any obvious clerical error in the said list.

Revised Iht to be

citizens' roll. 39, The said list so revised shrill, on or before the twenty-fifth

day of Novcmber in everv war (and at such othcr times as the .' *

~ d u n c i l may in respect to any pariiculsr revision appoint), be signed by the Mayor and countersigned by the Town Clerk, and thereupon

such list shall form the citizens' roll of the particular Municipality

to which it relates; and the Town Clerk shall cause a sufficient number of copies of such list to be forthwith printed or otherwise made, and shall, on payment of a reasonable price for each copy, deliver copies thereof to any citizen applying for the same.

N t ~ t i o n a n d a m ~ ~ - 40. 011 any alteration or amendment of the assessment-book ment of citizens' roll. by the insertion or omission of any nanle therein, the Council shall,

except within fourteen days immediately preceding any annual election, alter or amend the citizens' roll so as to accord with the alteration or amendment of the assessment-book, and any person whose name shall be inserted in tlle said roll under this section shall, while his iwne remains thcrcin, be a citizen and be entitled to ~ o t e at all elcctiom and mcctings and polls of citixens in thc Blunicipality, under and subject to the provisions of this Act.

Until new rolls are

prepared, rolls exist- 41. Until the citizens' rolls dircctetl to be prcpnred under this

1ng01.1 let December, Act shall be prepared, the ratepayers' roll which but for the passing

in

18s99 to

force.	of this Act would have been existiog and in force in any Munici- pality on the first day of December, one thousand eight hundred and ninety, shall be the citizens' roll for such Municipality for all the purposes of this Act.
ELECTION OF MAYOR, COUNCXLLORS, AND AUL)Irl'ORS.

Election of Mayor, 42.

Subject to the provision contained in section 27 relating to Corporations hereafter proclaimed, the citizens of every Muni- cipality shall, upon the first day of December in every year, elect one of their number to be Mayor of the Municipality for the ensuing year, and shall also elect an -4uditor to fill the place of the retiring Auditor. The citizens of each ward of the Municipality shall also, on the first day of December in every year, elect a citizen of the Municipality to bc a Councillor to fill the place of the retiring Council!or. Elections shall be held at one polling-place for all the

Counoillors, and

Auditors,

wards, or i ~ t a polling-place in each of the wards, as may be decided

and appointed by the Council.

Before whom held. 43. Every council may appoint one of their number, not being a

candidate, to preside as returning officer at anv election within the Municipality, and to have the conduct and control of the proceed

ings thereat,

44.. Ten

The Munic@a l Corporntions Act.-1 8%).

44, Ten clear days at the least before the day by this Act P A ~ I v.

*

appointed for the retirement and annual election of the Mayor, Notim day of

Councillors, and Auditor, the Town Clerk of each Corparation shall "~m'nationwbe	given.
cause public notice to be givcn of n place, day, and hour for the nomination of candidates f'or election to the said several offices, such day of nomination not being later than six days before the sa'id day of annual retirement and election.

45, 'l'he nomination of the Mayor, Councillors, and Auditor, Nomination,how made.

respectively, shall bc signed by two citizens and by each of the persons therein nominated, in testimony of his consent to be nomi- l~ated and to act if elected, and such nomination shall be in the appropriate form in the Second Schetlulc hcrcto, or as near thereto as circumstances will admit; but no nomir~ation shall bc acted upon unless the same shall have been lodged in the office of the 'l'own Clerk before noon of the day fixed for nominations as aforesaid.

4u, On the day of nomination the Returning Officer shall attend Prmeediage at nominations.

at noon, at the place fixed for such nomination, at which time and place he shall canse one or more nominations for each candidate lodged with the Town Clerk to be publicly opened and read aloud.

If there shall be such number of car~didates so nominated as are

requircd to be elected and no more, he shall declare such candidates to be duly elected; but in the event of there being more than the necessary number of csnciidates nominated, he shall adjourn all further proceedings in respect of such election to the first day of December following, and shall cause public notice to be given of such adjournment and the object thereof, and of the names of the several candidates, and for what offices nominated, and of the hour when and place or places where such election shall take place.

47, Every election to fill the office of Mayor, Councillor, or E~ectionato be by

Auditor under this Act shall be by ballot, and for the purpose of such ballot.

election every Corporation shall be a public body within the meaning

of The Ballot Act of 1862 ": Provided that the initials of the Returning Officer or Deputy Returning Officer, required by that Act to be borne by the voting papers at any election, shall be written {tr lithographed by or under the authority of such Returning Officer or Deputy Returning Officer.

48, Any voter at any election pursuant to this Act may signify Voting by blind men.

to the presiding officer that, by reason of being afflicted with blind- ness or defective eyesight, he is unable to vote without assistance, and thereupon the presiding officer, if satisfied that such voter is so afflicted, shall permit any agent named by such voter to accompany him into the compartment set apart for the purpose to mark the voting paper on such voter's behalf, and hand the same to the Presiding Officer, who shall deposit the same in the ballot box.

49. Every person whose name shall appear on the citizens' ci&a*m vote separately 9 or

roll for the time being in force shall be entitled ta vote a t any pmperty wsfd.

eleo tion,

5 3 O & 54@ VICTORIK, No. 497.

The MuniczPal Co~porations Act-1890.

PART	V.	election,, and may give one vote for each ward in respect of the property for which he is assessed therein and has duly paid the rates for which he may be liable according to the provisions hereof: Provided that whlnever therc shall be Lore thanihrer joint tcnants or tcnants in common of ;my ratable property enrolled upon the citizens' roll in respect of the same property, only such three of such tenants as shall be nominatd by the majority of such tenants for the purpose ~f voting at any election, and of which nomination notice shall have been left at the office of the Town Clerk at least one week prior to such election, shall be entitled to vote at such election, and if no sucb nomination sllall be made and notice given as aforesaid, those three onlv of such tenants whose nnmm, in alphabetical progression, accdrdinR first to snrnamrs and then to christian na~mea, shall be first in order, shall bc erltitled to vote at such election; and in the event of there being more persons than one equally entitled to vote according to the rulc aforesaid, the
person or persons so entitlcd first claiming shall be enti1,led to vote,
but so, nevertheless, that in no case shall there be more than three votes recorded a t any election in respect of the same property and qualification.

htestobepaid prior	50. No citizen shall be entitled to ~o t, e	at any election until he
to voting.

shall hnvc paid all rutis w l ~ i d l shall haw been declared six montlis previorrsly, according to the provisions hereof, and which shall then be payable by llim in respect of the propcrty for which he inay claim to vote; and m y citizcn, OF collecto~' of rates aypointcc1 iuder this Act, may object to any persoil attcrnpti~lg to vote who shall not have paid such mtes.

Occupier's right to

vote protected if he 51. No occupier of any ratable property, who shall produce a

has paid rent to	receipt showing that he has duly paid up all reut due to the owner
owner.	thereof, shall be depriwd of his right to vote as a ratepayer at any clection under this Act by rcasoii of the non-payment by tllc owler of any rate due for the propcrty in respect of which sochbcr:upant may
tenant to pay the rates. claim to votc, and for which the owner slrali huvc agreed with the

On failure of annual election, and on extra- 52. Whenever the annual election of Mayor, Councillors, or

ordinary vacancy,	Auditors shall from any cause, wholly or in part, fail to be made on
supplementary elec-
tion to be held.	the day nppointcd by this Act, or such election, being made, shall afterwards become wholly or in part void, and whenever an extra- ordinary vacancy occurs" in a n j of t h c aforesaid offices, a sup- plementary election shall be held, and the Council shall come under no disability by reason of such failure, avoidance, or extraordinary vacancy.
proceehgson supple-
mentary electian.	53. Irnnlediatel y upon the happening of such whole or part failure or avoidance, or such extraordinary vacancy, the Town Clerk shall, by public notice, appoint a day not being earlier than seven days, nor later than fourteen days from such notice, for the nomina- tion of the persons to be elected, and such nomination shall take

place

- 53' 8: 54' VICTORIA?, No. 497.

The Municipal Corporations Act,-1890.

place on the day so appointed in like manner as at the annual elec-	-	PART	v;
tions; and, if there he such number of candidates nominated as are required to he elected for the respective vacant offices and no more, the Mayor or thc Councillor attencling, shall declarc the persons so nomiriated to he elcctcd; but, in the event of there being more candidates norninstteil than arc rcquired to be elected to fill any vacancy in the said offices, he shall adjourn all further proceedings in respect of the election until a day to bc fixed by him for such electioil, not being less than six nor more than ten clear days from the day of nomination; and on the day so fixed, the election shall take place in lilrc manner as at the annual election.

54. The Town Clcrk shall give public notice of such adjourn- Noticeofadjournment

rnent and the olrjecl thercof, and thc names of the sewral ciiudidates,

be given.

and the offices, and (ixi tho case of wards) the wards fbr which they

are respectively nominated, ancl the hour \vhen, and thc place or

places where, such election is to take place.

55, Whenever any ~ u p ~ l e r n e n t a ~ y election shall wholly or in In caae of failure, or

part fail to be made, or shall become wlrolly or in part void, the mentsrg election, the avoidance of supple-

Council may clcct any qualified person to the vacant office, whether Counci! may fill up

he shall consent thereto or not; and the person so elected shall serve vacanclea.

accordingly.

56. At every municipal election the lmll sh:d1 bc 011en to voters Hours during which

at the hour of eight o'clock in the morning, and slinll continue so ,hau	the polling-booths
open until all the votes of electors present in the polling-booth at the hour of seven ill the evening shall haw been taken, and shaii then finally close.

57, \Vhn any person shall be clccted for more than one office Proceedingswhere the same person elected

he shall not be considered elected for any until he, by notice in or more than one

w r i t i n ~ to the Council, ~11311 elect for wl~icli nf'ticc hc mill scrve, or office.

until, in default of snch notice for scvcn days after tile election, the ?

Council, by resolution, shall decide for which office he shall serve,	and the vacancy or vacancies for the office or offices for which he
shall be elected and not serve shall be filled up in the same manner as by this Act is directed with respect to any extraordinary vacancy.

58, In case the Council shall not proceed, as herein tiirec ted, Juetioe may proceed

to the election of a Major, Councillors, or Auditor within fourteen	to election if Counuil
days after any of the days or times appointed by this Act for any such election, any Jnstice of the Peace residerlt within the Munici- pality may dc every act necessary for the carrying out of such election, including the appointment of a day of nomination and of a Retunling Officer; and in such case he shall, in the presence of a!; least four citizens, at an open meeting within the Municipality, of the time and place of holding which he shall have caused to be given to the Council three days' previous notice, cause to be had any ballot which may be necessary for the purpose of deciding what Councillors arid Auditor aye to retire, and the ballot may be taken in the absence
of any Councillor or Auditor interested. 69. 'l'he

53' & 54' VICTORIW, No. 497.

The Municipal Corporations Act-1890.

PART V. 59. The Returning Officer, through the Town Clerk, shall cause

persons elected. through the post, directed to him at his residence, within forty- Notice to be given to a notice to be given to each person elected, or to be sent to him

eight hours from the time of his election, informing him of his

having been elected Mayor, Councillor, or Auditor, asihe case may be; and shall also, within fourteen days of the election, cause a notice

of such election to be inserted in the* Government Gazette.

Deolaration of

aace to be made by 60. No person appointed by Proclamation or elected to be Mayor,

Mayor, Comcillors,	Councillor, or Auditor under this Act, shall act as such until he shall
a ~ d Auditors, before acting aa such.	make and subscribe, before one of the Judges of the Supreme Court, or before any two councillors, or a Justice of the Peace, who are hereby respectively authorised to take the same, the declaration following (that is to say)-'' I, A. B., having bccn elected (0.- pro-
claimed) Mayor (or one of the Auditors for the city of Adelaide, > Y as the case mwy / ~ e,
or the Town of or L' Councillor for
Ward, in the City of Adelaide, or the Town of " as the case may be), " do heleby declare that I take the office upon myself, and will ddly and laithfully fulfil the duties thereof according to the best of my judg t!mt and ability."
Declaration of

office to be made 61. Every person who shall be duly elected to the office of Mzyor,

within aesen days	Councillor, or Auditor, shall accept such office by making and
after election.	subscribing. the declaration aforcsai d within seven davs after notice of his election, or shall in lieu thereof pay to the Corpo- ration the fine specified in the Schedule of Penalties to section 307 of this Act for the non-acceptance of such office, which shall thereupon be deemed to be vacant, and shall be filled up in manner hereinbefore mentioned, with respect to extraordinary vacancies: Provided that any person who shdl have alreadv 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 uffice if he shall claim such exemption with- in five days after notice of his election; and that no member or
officer of the Parliament of the said province, nor any person holding
ment, or being a military, naval, marine, commissariat, or ordnance any civil or permanent military cmployrnent under the Local Govern-
officer, on full pay i n Her Majesty's service, shall be liable to serve in or to be fined for non-acceptance of any office under this Act: Provided also that if the Mayor, Councillor, or Auditor elected shall be absent from the province at the time of election, he may, without incurring any penalty, make the aforesaid declaration with- in five days after his returning to the province and bcfore acting in
his office, /

to be Justice of the for Peacefortheprovinee. oficio, be a Justice of being 62. The Mayor for the time being of every Corporation shall, ex

the Peace for the said province, from the time

when he shall have duly taken the oath of allkiance and the judicial oath prescribed by the K Promissory Oaths Act, 1869," before a Judge of the Supreme Court or a commissioner for taking affidavits

in the Supreme Court.

63. E v q

53' & 54' VICTORIX, No. 497.

The Municipal Corporations Act.-1890.

63. Every person elected to any office in a Corporation map, at ---- PART Y.

any time, resign such office on payment of the fine which he would of ofice

have been liable to pay for non-acceptance of the same office. on payment of Bne.

64. Every person who shall become disqualified from holding any Persona dia ualifled by abeenre mm 9

office by reason of absence from the province shall be liable to the p m ~ n c e ~ b l e t o ~ s.

same fine as if he had refused to accept the same office.

65. The Couucil may, at their discrction, reduce the amount of, :$ may

or altogether remit, any such fine as aforesaid by reason of any special circumstances attending the non-acceptance, resignation, or vacation by absence of any officcr of the Corporation.

PART VI. P ~ a r vr.

- -

MEETINGS AND POWERS OF COUNCILS AND

CORPOBA'I'IONS.

66. Ordinary meetings of each Council shall be held for the dis- Meetinga of Council.

patch of business at such times, not being less than oixe in every four .weeks, as the Council s id i from time to time determine; and special meetings may be held at any time.

67. The mayor i11 all cases of emergency may call a, meeting of Mayor at an t h e

the Council. may can a dunoil.

68. Any three members of' the Council, by requisition signed by Meetings may be

them for that purpose, may call upon thc Mayor to convene a of anythree wombera	called on requisition
meeting of the Council, and in all cases in which the Mayor shdl refuse Zr shall neglect for two days so to do, the mid three members may call such meeting by public notice, to be signed by them, stating therein the time and place of meeting and the nature of the business proposed to be transacted thereat.

notice of any spccial or rrnergcncy rnceting, signed by the Town be given. 69, Three days' notice of any ordinarv meeting, and previous Notice of meetings to

appointed for such meeting: And such notice shall in all cases of

Clerk, s'hall be sent to each member of the Council before the time

special or emcrgcncy meetings state the time, place, and business,

of such meeting.

70, At all meetings of Councils, except where otherwise povided Quorum at meetlug.

for in this ,4ct, three of the members of the Council shall form a

quorum.

71. At all meetings of the Council the ' Mayor, or in his absence to preside. ~f

~ u c h member of the Co~lncil as the membccs assembled shall choose absent, a Counc~lor~

to be chairman, shall preside, and such presiding chairman, in all

cases of equality of votes, shall have a casting vote only.

72. Notwithstanding any vacancies in the office of Councillor, Businese of Council

the business of the Council may be carried on by the members may be oafiied on	notwithstanding
actually in office, who shall have all the powers of the Council.	vacancy.

73. All

53' & 54' VICTOIIIE, No. 497.

The i l f dc ipa l C'o~porations Act.-1 89O.

PART PI. 73, All acts and proceedings of any person elected and acting

niqua1ification of as Mayor, Councillor, or Auditor, shall, notwithstanding that any

May0r* Council*or*.Or such person may not h ~ v e	been or may not be duly qualified, be as
Auditor, not to avotd

their acts. valid and effectual as if such person had been duly qualified.

Minute-book to be 74, Every Council shall keep a minute-book, in which the pro-

kept. ceedings of e w h meeting and the business performed th rea t shall be entered; and the minutes of each meeting shall be signed bp the Mayor or other chairman of such meeting, and be confirme:l at the next regular meeting of the Council.

Minute-book to be 75. Every citizen of the Mnnicipality may inspect the C'ouncil's

open for inspection.	minute-book at all reasonable times, and shall, upon payment of a
fee of Two Shillings and Sixperlce to the Town Clerk for the use
of the Council, be supplied by thc Town Clerk with a copy of or extract from the minute-book of the Clouncil, certified by him as a true copy of or cxtract therefrom.

Incasesof inability 76. If, in consequence of death, absence, or any lawful impedi-

of office-bearer to per- forrnd~tie~eouncil ment, i t shall not be possible or shall be inconvenient for any	may appointotbr	Councillor, or for the ~ o k n	Clerk, or any other pcrson, to perform
pakson to do so.

any particular matter or thing which by this Act he is directed to perform, the Mayor for thc time being may appoint any other person to perform the same; and if bp reason of death, absence, or any lawful impediment, the Mayor shall bc prevented from per- forming any matter or thing which hc may by t8he provisions of this Act be required to perform, the Council may either perform the same, or by zt majority of their votes appoint some other person to perform it.

As to proceedinge

falling on a Sunday, 77* If the day for any meeting or adjourned meeting by this Act

Good Friday, Christ. required to bc held for the retirement, nomination, election, swear-

mu Day*0r h01ida~4 ing in, or hdmission of any offiwr, or for the trairsrvtion of any other business of any Corpoiation, or the last day for m y act required to be done, shnll fall on a Sunday, Good Friday, Christmas	Day or public holiday, such meeting shall be held or act may be
dane on the day next ensuing, or within three days next thereafter:
Provided that every person whose term of office would, according to the provisions hereof, have expired on any such Sunday, Good Friday, Christmas Day, or holiday, shall, during the interval afore- said, continue in exercise of all the powers arid duties of such office.

Town oftice. 78, The Council shall have and maintain n suitable office within

the Municipality for transacting the business of tlle Municipality.

Power to appoint	79,	I. The Council may, from time to time, appoint a committee
committees.

or committees of their members, and may clelegate to any such committee such of their powers and duties under this Act as they think fit:

53" & 54" VICTORIW, No. 497. 25

The Mu;nicipnl Corporations Act.-1890.

IT. The Council may, from time to time, make such regulations PART vr. -

as they think fit for the guidance of a committee, and may, from R e m h t i o ~.

time to time, remove anymembers of the committee and appoint

in the steed of them, or any of them, other members of the

Council:

11 1. The proceedings of a committee shall, unless otherwise Proceedingg to require

ordered by the Council, require the approval of the Council: approval.

IV. A committee may appoint a sub-committee of its members Sub-committeee.

to execute and discharge any of the powers and duties of the committee, but the acts of such sub-committee shall be submitted for approval to the committee by which such sub-committee was appointed:

monoy or to declare any rate; and no cxpenditnre or payment or mitteea. v. I n no case shall n committee be authorised to borrow any fioceedinga of corn.

contract to expend or pay any sum of money exceeding Twenty Pounds, made by a. committee, shall be lawful or valid unless such expenditure, payment, or contract shall be afterwards approved

o r ratified by the Council:

regulations of thc Council) meet from time to time and adjourn as Quorum. vr. A committee appointed under this Act may (subject to Adjournment.

they think fit, but no business shall be transacted at any mccting of

such committee unless three mcmbers be present:

v r ~. At thc first meeting of any committee or sub-committee one Chairman.

of its members shall be appointed chairman of the committee or sub-committee, and all quc&ons in committee shall be de termincd by a majority of votes of the members present; and in case of an equal division of votes, the chairman shall have a casting vote Ca"g	vote-
only: Provided that the Mayor shall be ex olpicio a member of

IV. At every poll the Returning Officer, if i t shall appear to him expedient, may cause booths to be erected, or rooms to be hired and used as booths, at the several polling- places of the Municipality; and the same shall be so

divided and allotted into compartments as to the Return-

ing

118 5 3 O & 54' VICTORIA!, No. 497.

fl

The Municipal Corporations Act.-1890.

PABT xrx,	ing Officer may seem most convenient, and the Returning
Officer shall, before the day fixed for taking the votes, cause to be furnished for use at each polling-place a copy of that portion of. the roll of voters which contains the names of the persons entitled to Tiote at such polling- place, and shall, under his hand, certify such copy to be a true copy:

v. In case of joint tenancy or tenancy in common, one person only shall vote, unless the assessed value of the property shall ex- ceedSeventy-five Pounds, and then one other joint tenant,or tenant in common, mav vote for each additional Seventy- five Pounds, or for any fractional part of Seventy-five Pounds, of assessed value, and at polls to consent to a rate -or loan 011 the same scale as is allowed for the first Seventy- five Pounds, or fractional part thereof, and joint tenants, or tenants in common entitled, may vote in the order in vhich they shall tender their votes, until votes shall have been taken for the whole assessed value, or all the joint tenants: or tenants in common, shall have voted.

VI. Exccpt as by this Act otherwise provided, no person shall have more than one vote.

VII. Every person entitled to vote shall present himself to the

Returning Officer, or his Deputy, at the polling-place for the Municipality, or for the ward in respect of which such

person claims to vote, and state his christian and sur-

name, abode, profession, or occupation, the nature of his qualification, and the place where the property or qualifi- cation is situate. The Returning Officer, or Deputy, shall thereupon phce a mark against the voter's name on the roll of voters, and hand sllch voter a voting-paper for every vote to which he shall be entitled, which voting-paper shall bear the initials of the Returning Officer, or Deputy, and

a statement of: or reference to, the particular proposition

in respect of which the votes are given, and, underneath,

such statement or reference shall contain on separate lines,

the following sentences, that is to say :-

G I agree to the above proposition ":

" I object t o the above proposition '':

And shall have a square printed opposite each such sentence, and nothing else $hall be inserted in, or placed on, such voting-paper:

VIII. There shall be provided one or more separate apartments or places forming part of the polling-booth, into which the voter shall, on receiving his voting paper or papers, im- mediately retire, and there alone and in private, without interruption, indicate his vote or votes by making a cross within one of the squares on his voting-paper, or on each of

hin

The Munidplal C'orpo

his voting-papers, as the case may Ire, and shall then fald the paper or papers and immediately deliver it or them m folded to the! Returning Officer or hie Deputy, who 8hd.I forthwith publicly, and without opening the same, deposit it or them in a box to be provided fur that purpose; and 40 voting-paper so deposited in any box shall on any account be taken therefrom unless in the presence of the scrutineers after the close of the poll. No voting-paper shall be received uuless it be so folded as to render it impossible for the Returning Officer, his Deputy, or any other person, to lsee whether the vote is given for or against the proposition:

IX. Any voter wilfully infringing any of the provisions of this section, or obstructing the voting by any unnecessary delay in performing any act within tbe said polling booth or room, shall be guilty of a misdemeanor:

X. Any voter may signify to the Returning Officer or his Deputy that, by reason of blindness or defective eyesight, he is unahle to vote without assistance, and thereupon such Officer or Deputy, if satisfied of such inability, shall per- mit any agent named by such voter to accompany him into the apartment or place for voting to mark the voting-paper on such voter's behalf, and shall xeceive such paper from such agent and deposit it in the ballot-box.

xr. The only persons who shall be allowed to remain in the poll- ing booth or room shall be the persons about to vote, the Returning Officers, the Deputy Returning Officers, and the scrutineers:

xxr. No inquiry shall be permitted at any poll as to the right of

any person to vote, except as follows, that is to say :-The any scrutineer shall, put to any person applying for a voting-paper at the time of his so applying, but not

no other- afterwards, the following questions, or any of them, and (1) Are you the person whose name appears as

and as the owner [or occupier of the property

set opposite your name in the ro l of voters now	?
in force for this Municipality ?

(2) Have you already voted at the present poll?

(3) Are you the ownei (within the meaning of the Municipal Corporations Act) or the lessee or tenant of the property for which you now claim to vote 1

And no person shall be entitled to vote unless id answer P

to the first and third questions, or such of them ,as s h d be

put to him, shall be in the aftirmative, and to the second, if put, in the negative; and any person who hall wilfully make a fake anewer to either of such questions d d l

guilty of a rnisdemeanor: SILT. EV

53' & 54' VICTORIE, No. 497.

The Municipal Corporations Act.- 1890.

PABT xrx. xrn. Every person who shall vote n second time, or offer to vote a second time at any poI1, or who shall personate any other person for the purpose of voting at any such poll, shall

be guilty of a misdememor, and upon conviction shall be

imprisoned for a term not exceeding six months:

x ~ v. Immediately before taking the votes the Returning Officer, or Ueputv Returning Officer, shall exhibit the ballot-box empty; and shall immediately, upon the close of the vot- ing, publicly close and seal the box containing the voting- papers which shall have been taken at the voting-place a t which he presided, and each Deputy Eeturning Officer shall, with as little delay as possible, deliver, or cause his

box to be delivered, to the Returning Officer; and any

Returning Officer or Deputy Returning Officer who shall unlawfully tamper with any ballot-box or voting-paper shall be guilty of a misdemeaaor, and be liable to imprison- ment for not e X ceeding six months:

xv, ,4t the close of the poll the Returning Oficer shall fix a time, as soon as conveniently may be, for examining the votes and declaring the result of the poll, and shall, in the presence of such of the scrutineers as choose to be present, open a11 the boxes coiitaining voting-papers delivered in at the taking of the poll, and shall examine such voting- papers, and shall reject all such as shall contain crosses against both the affirmation and the negation of any pro- position, or shall contain anything other than such matters as are hereinbefore prescribed for such voting-papers: And shall openly declare the general state of the votes at the close of the poll, as the same shall be made up by him from the voting-papers taken at the several voting- places: And shall declare any proposition or propositions carried or not, accordiug as the majority of votes shall be for or against the same. In case of an equality of' votes for

and against a proposition, the ltcturning offiser shall, by

his casting vote, decide for or against the sarnc: Provided that no Returning Officer shall vote at any poll at which he is Returning Officer, except in case of an equality of votes as aforesaid; but this provision shall not apply to a Deputy Returning Officer.

x v ~ A11 voting-papers shall be destroyed by thc Returning Officer immediately after the declaration of the result of the poll.

Coat of advertise-

ment S. 382, The cost of any advcrtiscment required by this Act shall

be paid by the Council or person whose action immediately necessi-

tates such advertisement, and the Minister may require payment of

such cost before causing any advertisement to be inserted.

383. The

W

53" & 54' VICTORIE, No. 497. -

The Municipal Corporationas Act.-189 0.

383. The Governor may make regulations for the carrying out PART XIX-

Governor m a p d e

of this Act, and in particular, and without derogating from his within fourteen days after the making thereof, if Parliament be then sitting, and if not, then within fourteen days after the next session of Parliament shall begin; and if, during that session, either House of Parliament pass a resolution objecting to any such regulations, the same shall (so fitr as so objected to) thenceforth cease to have the force of law, and notice of such resolution shall forthwith be published by the Minister in the Govertzment Gazette.

general power, he may make regulations prescribing forms of re@atiom,

assessment-books, notices of asscssmenta and rates, and all other

forms necessary or cxpedient for carrying this Act into effect,

and prescribing the mode in which the account books and any

other books of Corporations or Councils shall be kept; and may

from time to time annul, amend, and add to any such regula-

tions as aforesaid, or make others in lieu thereof; and such re-

gulations shall be published in the Government Gazette, and shall

thenceforth, save as hereinafter provided, have the force of law.

384. Tho Government Gazette containing any regulations pur- ~ ~ ~ ~ ; ~ ~ $ a -

porting to be made by the Governor, by virtue of this Act, shall be tions, also of

conclusive evidence of the making of such regulations, and the kg to them.	aOw	object-
Government Gaxvtte containing a notice of a resolution being passed by either House of Parliament objecting to any such regulation, shall be conclusive evidence of the passing of such resolution.

385. Nothing contained in this Act shall extend to or affect the ~ $ ~ ~ ~ ~ ? ~ ~ m -

rights and privileges of any company as conferred, or intended to be

conferr.d, by any other Act relating to such companies.

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

this Bill. KINTORE, Governor.

SCHEDULES

53" & 54' VICTORIW, No. 497. - P P p

me Municipnl Corporations Act.--189 0.

-

SCHEDULES REFERRED TO.

THE FIRST SCHEDULE.

CLAIM of A. B., of [insert the residence and callivzg o f the claimant], to have his

n a m e inserted on the Citizens' List of the City of Adelaide (or Town of

a s the case mzav be) for Ward, in right of [insert descriptiori of property],

situate in [insert name of street, or nurrrber o f the acre] within the said ,

being No. , in (or omitted from, as the case m a y be) the assessment for the

present year; or being No. in the assessment, and omitted from the Citizens'

List for the prevent year; or being omitted from the Citizens' I i s t for the present

year. Dated the day of 18

[Signature o f CZaimant.]

OBJECTION of C. D. [ k n s e ~ t the residence and calling o f the objrctor], to E. F., [ in-

sert name and description of E. F., as entered on Citizens' L i s t ] having his name

retained on the Citizens' List of the City of Adelaide (or Town of 7

as the case may be) for Ward, on the ground [shortly state the objection].

Dated the day of 18 .

[Signature of 0bjector.l

THE SECOND SCIIEDULE.

Corporation of the City of Adelaide (or Town of as the case m a y be)-Election

of C o r p r a t e Oficera f o r the year ending 1st December, 18 .

Nomination of Mayor or Auditor.

I, A. B., of [ifisert name, residence, and calling, and N o. on the Citizens' R o l l ]

hereby propose, and I. C. D., [insert the l ike] hereby second E. F., of [insert the	description o f candidate] as a fit and proper person to be Mayor (or one of the Audi-
tors, as the case may be) of the City of Adelaide, or Town of

E Signature o f A. B. Signature of C. D. 1

I consent to act if elected, LrSignature of E. F.)

Nomination of Councillor.

Ward.

I, A. B., of [insert name, residence, and calling, and N o. an the Citizens' Ro l l ]

hereby propose, and I, C. D. [insert the like] hereby second E. F., of rinsert the

descr@tion of candidati] as a fit and proper person to represent this Ward as one

of its Councillors.

o f A. B.

Signature o f C. D.

I consent to act i f elected, Signature of E. F.

THE

THE THIRD SCHEDULE.

Slaughter-house Regudations-lrhtly, a8 to @reat Cattle.

1. Cattle brought for slaughter shdl be slaughtered during the hours which inter- Ttmw for rhwhtarfBp.

vene between sunrise and sunset on any working day throughout the year; and on Saturdays during the summer months, viz., from November 1st to March 81st, may be slaughtered after sunset up to 10 o'clock at night. Slaughtering will only be permitted on Sundays during the aummer monthe before mentioned, and then a h r sunset.

2. Every butcher or other person having need or requiring to slaughter cattle on Sundays shall give notice thereof to the Inspector of the slaughter-house before 5 BPnd.y. to llfirught4zfng on

o'clock in the afternoon of the same day; and the slaughter-house will only be opened

on those Sundays of which notice shall be given to the Inspector as aforesaid,

3. All cattle sent to the slaughter-house for the purpose of slaughtering shall, after csttls -$h-

being slaughtered, be skinned, dressed, and washed clean before being taken away. pm~rlrBunn* a~

4. Every butcher or other person shall pay to the Inspector the amount of fees FM to bs patd.

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

day if demanded.

5. If any bull, cow, ox, heifer, steer, or calf, shall be left in any pen or yard Cattlelathmy panm

adjoining or appurtenant to the slaughter-house for any longer time than thirty-sir hours without food, the Inspector of the Slaughter-house shall feed the same, and charge the cost thereof to the owner or person putting in any such animal; and if left 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 hereby directed and required im- mediately to impound the same unless permission for any longer period shall first have been obtained from the Council.

6. Any person or persons breaking or infringing theee rules and regulations, or pmdtyakennot ~th*

any or either of them, and in respect whereof a penalty may not be already provided, *Pm*.

shall be fined a sum not exceeding Five Pounds for each such offence.

'7. The Inspector of Slaughter-houses shall carefully enter into books provided for Inapeotortokeepbr.ndr.

that purpose the number of cattle daily elaughtered, with the brands and all other necessary particulars, and report thereon every Monday to the Council, and failing

in either case to do SO @hall	be fined as last aforesaid.
Secofidty, as to Small Cattle.

1. The building to be licensed for the slaughtering of calves under twelve months BUUW t o b e l i c e n ~.

old, sheep, goats, and swine, shall not be less than eight feet by ten feet, or of an area less than eighty feet, and ahall have walls not less then eight feet high, and shall be built of brick, stone, or concrete, and of the thickness of nine inches at least, with a roof of incombustible material; the floor of the building shall be of such material and in such form as is directed by regulations of the Local Board of Health,

2. The building to be licensed as aforesaid shall, where practicable, be at least Di~tanaefrom public

fifty feet from any public way, and ten feet at least from any building other than the

buildings forming part of the same premise8; the Council, in granting the licence, to W * ~ ~ ' o ~

decide as to the practicability or otherwise of the said distances.

3. Licences may be issued for the year commencing June 1st in each year, or for ~ioances.

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

of the Council; the fee for such licences not to be less than J22, nor to exceed 210,

payable in each case in advance.

4. No pewon shall have or be entitled to apply for a. licence to keep a slaughter- Licenae only ta be L n s. anted on theme con-

house in the Municipality otherwise than upon the terms of these conditions.

5. Every slaughter-house shall be well ventilated in the roof, or as near thereto as ve,t i l&onofbn~w,

possible.

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

tinued in the floor of any slaughter-house.

least once in every month during the year; and every slaughter-house shall be pro- whitaned. 7. The inzide walls and ceiling of every slaughter-house shall be lime-whitened at Wauu to be Iirtw

vided with a good and conatant supply of pure water.

8. The Inspector of Slaughter-houses and Sanitary Inspectors of the Council shall frequently inspect the said licensed slaughter-houses, and cause these regulations to in-.	e&tzw
be strictly observed; and ahall have full power, without any further authority other than the appointment to such office by the Council, to inspect the licensed premises at all hours of the day and night in the executioh of the duties of their office.

9. Any licensed person obstructing any Corporation officer in the performance of ~fcsaoe to

hi duty will render his licence liable to forfeiture by the Council. torkitam

10. Every

53O & 54" VICTORIW, No. 497.

The MunicipaZ Corporations Act.-1890.

Penalty.	10. Every licensed person neglecting to carry out thcse regulations, and each of them, shall, for the first otf'ence, be fined a sum not less than One Pound and not exceeding Five Pounds; for the second offcncc, not less than Two Pounds and not exceeding Ten Pounds; and for the third and every subsequent offence, Ten Pounds.
Licence may be with-	11, The Council may, at any time, upon information provcd before 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 thc Council may deem proper; and any person so deprived found slaughtering, or causing or suffering to be slaughtered, any animal aforesaid shall be dcalt with as unlicensed.
drawn.
As to slaughter-houees
already erected.	12. The Council shall have the power, in respect to any private slaughter-houses already erected and licensed, to dispense with such or so much of these conditions as may be thought advisable; but nevertheless the slaughter-house shall be so con- structed as to prevent a nuisance to the neighborhood in which it is situated.
Removal of garbage.	13. Every occupier of a slaughter-house shall provide and keep a sufficient number of tubs, boxes, or vessels, with tight and close-fitting covers thereto, constructed to the satisfaction of the Local Board of Hcalth or their authorised officer, for the purpose of receiving and conveying away all manure, garbage, and filth, and shall in all cases, immediately &er the killing and dressing of any cattle in such slaughter- house, cause all such manure, garbage, and filth to be placed in such tubs, boxes, and vessels; and such tubs, boxes, and vessels, together with their contents, shall be removed to such place, at such interval of time, with such precautions, and within such hours, as may from time to time be fixed by the Local Board; and all the blood arising from the slaughtering of cattle shall be put in separate tubs or vessels with close-fitting covers, and shall be carried away from the slaughter-house without delay, and shall not be permitted to flow in the channel cr sewer, or open street; Provided always, that no blood shall be put into the same tubs or vessels in which the manure, garbagc, or othcr filth is put.
14. All the tubs and vessels which are wed for the removal of any manure, filth, and garbage, and all the tubs and vessels which are used for the removal of blood from any slaughter-house, shall, immediately after being used for such removal, be thoroughly emptied, cleansed, and purified, and the floor of such slaughter-house shall then be also effectually scoured and cleansed; and the whole shall generally be kept in such a condition that neither within the slaughter-house nor without it shall there be any offensive smell arising therefrom.

Removal of skim, &c. 15. Every o:cupier of such slaughter-house shall remove or cause to be removed

from such slaughter-house the hides and skins of any cattle that shall be slaughtered

therein within two days next after such cattle shall have been slaughtered.

No privy to be near.

16. No occupier of any slaughter-house shall build or permit an access or opening to any privy or cesspool from such slaughter-house to be made, or, if now made, to remain; nor shall any such occupier permit or suffer any pigs or other animals to be kept in any slaughter-house except for the purpose of being fasted previous to being killed.

Repairs.

17. Every occupier of a slaughter-house shall, on the request of the Local Board, or of their authorised officer in that behalf, fbrthwith cause all repairs in or COQ- cerning such slaughter-house which such occupier shall be required by such request

as aforesaid to oerform. to be executed to the satisfdction of the said Board. or of

their authorised officer: as the case mav be.

Inspectors to have access

18. All members and all authoriseci officers of the Local Board shall have free access to any and every slaughter-house within the Municipality, whether licensed or not, and to every part thereof at the time when they shall demand admission for the purpose of inspecting and examining into the condition thereof, with regard to the cleanliness, ventilation, and management thereof.

to premieea.

THE FOURTH SCHEDULR.

Nofice of Appeal ayainsl Assessment.

Sir-You are requested to take notice that I appeal to the Council against the

assessment of my property (or the property of ), street, Acre No. 3

Assessment No. Ward (or that I appeal to the Council against the omission of [here mention the property] from the assessment), 011 the following grounds :-[here set forth grounds of appeall.

Dated at , the day of , 18

I am, Sir, your obedient servant,

To the T o m Clerk, Adela~de	[or oe the case may be).	THE
No.

me Hunicipa l Co~porations Act.-1 890.

THE FIFTH SCHEDULE.

Notice of Appeal from the Deciskon of the Counckl,

To the Town Clerk at and Mr. the Clerk

of the Local Court of

Take notice that it is my intention to appeal to the Local Court of Full Juriadic-

tion at from the decision of the Council of the Corporation

of on my appeal thereto against the assessment, and I appeal to such Local Court against such decision and such assessment on the following

grounds :-[here set forth grounds of appeal].

Dated a t the day of 18

I am, Sir, your obedient servant,

THE SIXTH SCHEDULE.

Fees and Charges which may he taken upon Distress for Rates 212 Arrear, and for any

Sale consequent upon such Didress.

8. d.

For every levy . . . . ... .. .. . .. .. .. 0 1 0

Man in possession, each dsy (or, if stored, the actual amount paid for storage) 0 5 0

inventory (per folio .. .. 6. .. .. . .. . 0 0 3

Sale and delivory o goods-6d. 2 in the pound on the net proceeds of sale.

Poundage on executing wrcrrant and effecting sale-Is. in the pound on the set proceed6 of

wle.

THE SEVENTH SCHEDULE.

PABT I.

The Corporalion of the City of Adelaide (or Town of as the case may be).

Notice is hereby given that there is now due, in respect of the premises mentioned in the Schedule hereto, thc sum (or respective sums) set opposite to the description

of such premises in the said Schedule, for a rate (or rateu) made (or declared) by the Corporation of for the year (or years) ending as in the said Schedule

mentioned; and the owner (or owners) of such premises are required to take notice

this notice, be paid in one yem from the last publication of this notice, the said that unless the amount (or amounts) so due, together with the costs of and attending Corporation will let the same from year to year or for any term not exceeding seven years, in manner provided by " The Municipal Corporations Act, 1890," or an application will be made by the said Corporation to the Supreme Court for an order for the sale of the said land (or lands), or so much thereof as may be necessary to produce the rates so due and costs as aforesaid, and also the costs of and attendiog this notice, together with interest and all other moneys due to the said Corporation in respect of the said premises.

Dated this day of , l 8

, Town Clerk,

Name of Owner, or reputed Number of years Date of ending of lest Amount of

Description of Land. Owner [or etate if Owner for which year for which Rates Rates.

unknown].	Rates in Arrears.	in Arrear.
-

" 53' & 54" VICTORIE, No. 497.

The Municipal Corporations Act.-1 890.

Paar 11.

The Corporation of the City of Adelaide (or Town of as the case m y be).

Notice i s hereby given that there is now due, in respect of the premises mentioned

in the Schedule hereto, the sum (or respective sums) set opposite to the description of such premises in the said Schedule, for moneys ordered by the Council to be paid by the owner (or respcctive owners) of the said premises under section 131 of Ib'J?he

Municipal Corporations Act, 1890 " (or under section 142 or 152 of " The Municipal Corporations Act, 1890," as the case may be) ; and the owner (or owners) of such pre- mises are required to take notice that unless the amount (o r amounts) so due, together with the costs of and attending this notice, be paid within three calendar months from the last putllication of this notice, the said Corporation will let the same from year to year, or for any term not exceeding seven years, in manner provided by "The Municipal Corporations Act, 1890"; or an application will be made by the said Corporation to the Supreme Court for an order for the sale of the said land (or lands), or so much thereof as may be necessary t o produce the moneys so due and costs as aforesaid, and also the costs of and attending this notice together with interest and all other moneys duc to the said Corporation in respect of the said premises.

Dated this day of , 18 .

, Town Clerk.

The Schedule.

l I

Name of Owner, or reputed Owner

Description of Land. Amount of Moneys.

[or state if Owaer unknown].

T H E EIGHTH SCHEDULE.

Form of Debenture,

South Australia.-Municipality of No. g

The Corporation of the City (or Town) of , in consideration of the

sum of pounds, paid to the said Corporation for the purposes of the said Municipality, hereby binds itself to pay to t h e bearer for the time being of this debenture 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

and the first day of in every year, and the principal to be paid on

the first day of in the year one thousand eight hundred and

S n d the a i d Corporation hereby assigns the special (or separate) rate authorised to be levied in the said Municipality (or in the Ward of the said Municipality), from time to time for the purpose [of shortly describe purpose fo,. which special or

separate rate declared] to the bearer for the time being of this debenture, until

the said principal sum be 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 coupons or vouchers by him or them held, shall be

satisfied.

Given under the seal of the Corporation of the City for Town) of

the day of , one thousand eight hundred and

[The seal of the Corporation,]

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

A. B., Mayor.

C. D., Town Clerk.

NOTE.-Interest and principal payable a t the bank of the Corporation in

or at such bank or other place as may be appointed by notice to be given

in the South Aetstralkan Government Gazette, l a:d 1 in the Lmrdon Gazette. COUPONS

No.

- -

The Muaicipal Corporations Act-1890.

COUPONS OR VOUCHERS.

South Australia.-Municipality of

Coupon for ;E , for half year's interest due the

day of , 18 , on debenture No.

Payable to bearer at

[The seal of the Corporation.

A. B., Mayor.

C. D., Town Clerk

THE NINTH SCHEDULE.

Reference to Act. Title of Aot,

4 Vict., No. 5 (1840) An Act to regulate the Slaughtering and prevent the Stealing of Cattle. Cattle in Sontb Australia.

No. 2 of 1844	An Ordinance to authoriso the levyiny of Fees on the Slaughtering of
No. 10 of 1845	An Ordinance to regulate the Sale of Bread in South Australia.
No. 8 of 1868	The Im~oundine Act of 1858
No. 5 of 1862	An Act'to r e g d k e the Sale of certain Poisons.
No. 267 of 1882	The Sale of Food and Drugs Act, 1882.
No. 19 of 1862	An Act for the regulation of Cemeteriee.
No. 26 of 18G2	The Thistle and Bur Act, 1862.
No. 357 of 1885	The Bush Fires Act, 1885.
No.6of 1867	The Dog Act, 1867.
No. 320 of 1884	An Act to amend the Dog Act, 1867.
No. 120f 1867	The Width of Tires Act of 1867.
No. 9 of 1868-9	A n Act to amend the Width of Tires Act of 1867.
No. 16 of 1872	An Act to provide for the carrying of Lights by Vehicles at night.
Yo. 33 of 1876	An Act to amend Act No. 16 of 1873, intituled "An Act to provide forthe carrying of Lights by Vehicles at night."
No. 6 of 1875	An Act to regulate the use of Guns and Firearms in certain cases.
No. 378 of 1886	The Game Act, 1886.
No. 70 of 1877	The Lodging -house Act.
No. 102 of 1878	The Fisheries Act.
No. 104 of 1878	The South-Eastern Drainage Act, 1878.
No. 151 of 1879	The Brands Act, 1879.
No. 267 of 1882	The Brands Act, 1882.
No. 234of 1881	The Ornamental Grounds Act, 1881.
No. 260 of 1882	Places of Public Entertainment Act, 1882.
No. 314 of 1884	The Roads Act, 1884.
No. 349 of 1885	The Weights and Measures Act, 1886.

W.

Adelside : By authority, C. E. $mrow, Government Printer, North-terrace,