Perth City Council powers (1874) (WA)

38 VICTORI.E. No. 14

Perth Drain Act and Rating

WESTERN AUSTRALIA

ANNO TRIGESERO OCTAVO

VICTORTA REGIME

No. 14

An Act to extend the Powers of the Perth City Council.

[Assented to 6th, August, 1874.

Preamble

WHEREAS the Council and Burgesses of the City of Perth,

hereinafter called The Council,' are desirous of constructing a drain, or conduit from Lake Kingsford to Claisebrook, in the City of Perth, and for such purpose it is expedient to give the Council the powers hereinafter contained : Be it therefore enacted by his Excel- lency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :—

Power to make a 1. The Council are hereby empowered to make a drain or conduit

drain from Lake from Lake Kingsford to Claisebrook aforesaid ; and for such purpose it

Kingsford to

Claisebrook shall be lawful for them or any person acting under their authority, with their or his servants and workmen, and with or without horses

And to enter on and carts, at any time, and from time to time hereafter, to enter upon lands any land which shall be required for the purpose aforesaid, and take Remove soil from thence any timber, earth, stone, sand, gravel, or other material,

and from time to time to remove and use the same in order to make or construct in, upon, across, under, through, or over any land, and to view, inspect and repair, or alter the drain or conduit aforesaid, as the Council shall think proper.

Compensation to	2. In all cases in which any land is taken or anything is done in or upon any land in pursuance of the powers by the preceding section conferred, all proper compensation shall be made to the owner of such land.
be made to
own

Power to pus-	3. Where any land is required for the purposes of this Act the
chase laud by

mutual agree- Council are hereby empowered to agree with the owner or owners of

menia l such land for the absolute purchase thereof for such consideration as the parties shall think proper.

In default of 4. If no agreement can be come to between the Council and the

mutual agree- owner or owners of any land required for the purposes of this Act, as

ment arbitra tion

by two arbi- to the compensation to be made in respect thereof, the same shall be trators settled by arbitration ; and each party, the Council on the one hand

and the owner or owners collectively of the said land on the other, shall nominate and appoint an arbitrator, to whom such dispute shall be referred ; and every appointment of an arbitrator shall be made on the part of the Council under the hand of the then Chairman, and on the part of the said owner or owners under his or her or their hand or hands ; and the same shall be deemed a submission to arbitration ; and the award of such arbitrators shall be final and conclusive between the parties.

38 VICTORIJE. No. 14

Perth Drain Act and Rating

l or re if either

for the space of fourteen after any such dispute shall

have 5.arisen,, andaftera requestin writing in whichshall be statedhe

zrpoyirnrtefuse to

matter so required to be referred to arbitration shall have been served by the one party on the other party to appoint au arbitrator, such last- mentioned party shall fail to appoint such arbitrator, then, upon such failure, the party making the request and having himself appointed an arbitrator may appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matter in dispute ; and in such case the award or determination of such single arbitrator shall be final and conclusive. All requests and notices required by this Act shall be deemed to be served by the delivery thereof personally to any owner, tenant, or occupier of any land intended to be purchased, if within the Colony of Western Australia, but otherwise by posting such request or notice in a conspicuous place and manner on the said land.

6. When more than one arbitrator shall have been appointed such arbitrators shall, before they enter upon the matter referred to them, 1 be

appointed

nominatenominate and appoint, by writing under their hands, an umpire to decide on any matter on which they shall differ or upon which from any cause whatsoever they shall be unable to make their joint award, and which shall be referred to them under the provisions of this Act. And if the said arbitrators shall refuse or shall for seven days after the request of either party to such arbitration neglect to appoint an umpire, the Governor of the said Colony for the time being shall on the application of either party to such arbitration, appoint an umpire, and the decision of such umpire on the matters on which the arbitrators differ shall be final and conclusive.

7. If the arbitrators so appointed as aforesaid shall fail to make If arbitrators

their awards within twenty-one days after the day on which the last of fat= nupore

0

such arbitrators shall have been appointed, the matters referred to them do so

shall be determined by the umpire to be appointed as aforesaid ; and

the award of such umpire shall be final and conclusive.

purposes of this Act shall wilfully refuse to name an amount as a com- arbitration 8. In case the owner of any land required by the Council for the compulsory

pensation, the Council may treat such refusal in the same way as the refusal to appoint an arbitrator, and the Council may proceed in the manner in such last case directed.

the costs of the arbitrators and umpire, shall in the absence of any arbitration 9. All the costs of any such arbitration and incident thereto, and costs of the

contrary direction in the award of the arbitrators or umpire, be borne

by the parties in equal proportions.

10. The arbitrators or umpire shall deliver their or his award in writing to the Chairman for the time being of the Council, who shall,	Delivery of
award
on demand, after payment of their fees or charges, furnish a copy thereof to the other party to the arbitration, and shall at all times, on demand, produce the said award and allow the same to be inspected and examined by such party or any person appointed by him for that purpose.

11. The submission to any such arbitration may be made a rule of Submission made a rte of Court

the Supreme Court, on the application of either of the parties.

38 VICTORDE. No. 14

Perth Drain Act and Rating

Application of	12. In case any dispute or difference shall arise as to the application compensation under this Act, the Council may pay such purchase money or compensation to the Colonial Treasurer, whose receipt shall be a good discharge for the same ; and thereupon the said Treasurer shall be deemed to be a trustee within the meaning of the Act of the Imperial Parliament 22nd and 23rd Victoria, cap. 35, s. 30, and of the Ordinance 31st Victoria, No. 8, s. 1.
purchase or
compensation	of the purchase money for any land purchased or of money awarded as
money
Definition of the	13. The word 'owner' shall mean any person or corporation having a freehold or leasehold interest in land.

word '

FRED. A. WELD,

GOVERNOR.