Port Adelaide Water Supply Act 1863 (SA)
ANNO VICESIMO SEXTO El! VICES1310SEPTIMO
No. 17.
Adelaide. [Assented to, 12th November,
1863.1
HEREAS it is expedient that pprovisioli should be made forPreamble.
W | habitants of the Town of Port Adelaide, and for raising thc neces- |
sary f~mds for the said purpose, in nmnilcr hereinafter mentioned: And whereas plans showing the source of supply, and the works connected tlrerewith, and the direction of the main and branch pipes, and the streets and grounds through which thcy are to be laid, have been deposited in the office of the Surveyor-General-Ee it therefore Enacted by the Governor-in-Chief of the Province of South Ans- tralia, with the advice and consent of the Legislative Council and House of Assembly of the said Prooinee, in this present Parliament assembled, as follows: |
1. This Act may be cited and referred to, fur all purposes, as Short t i t l c o f ~ ~ t.
"The Port Adelaide Waterworks Act,
2. In the constn~ction of and for the purposes of this Act, whcn Interpretationof
not inconsistent with the context, the expression " The undertaking" shall mean the waterworks and thc works connected therewith hereby a~zthorizecl to be constructed; the expression " The Commis- sioner;' shall mean the Cornmissioner of Public Works for the time being, until the powers and duties hereby conferred ancl imposed shall be transferred to the Municipal anthoritics of thc said Town
in manner hereinafter provided; ancl from and after such tmnsfeer
the expression " Commissioner" shall lneail the M~micipal authorities for the time being of the said Towll; and thc expression " Municipal authorities" shall mean the Corporation or o thx Municipal autho-
rities
rities for the time being empowered by any Act in force in that behalf to have the control and management of the municipal affairs of the said Town; the expression
' L Justices" shall mean Justices of the Peace of the Province of South Australia; the expression Owners" shall include theagent or other person authorized to act or usually acting in the owner's behalf; the word "Lands" shall include mes- suages, lank, tenements, aiid hereditaments of any tenure; the word "Street" shall include any square, court, or alley, highway, land, road, thoroughfare, or public passage or place; the expression " Water-rate" shall include any rent reserved or payment to be made to the Com- missioner fora supply of water; the oxpression Cattle" shall include neat cattle, horse^, asses, and mulcs; the expression " Carriages " shall include all such vehicles as are usually cleanscd by- the use of water; the expression 'Tacant lands" shall mean unoccupied lands not built upon, or used in connectioil with any building; and the expression Unoccupied lands " shall mean lands other than vacant lands, which &all be declared to be unoccupied in the manner here- inafter provided.
Fiunnciat pro-
the whole thi sum of 'l'hifty-six 'I'lousand ~ounrls, for such amounts as he may deem expedient; and such bonds shall be in the form following, that is to say-- |
Form | KO. | $ | NO. |
Port Aclclaidc 'CVatervorks Bond.
Treasurer of the Province of South Aus- |
tralia, in considcmtion of the sun1 of Pounds paid to me for the purposes of the Port Adelaide Water- works, do hereby bind myself to pay to the bolder, for the time being, of this present obligation, the sum of
Pounds, and interest thereon after the rate of six per cent. per annuln; such interest to be papblc on the first day of
January and the first day of July in cvery year, and the | ||||
principal to be paid on tlw first day of, in the year | ||||
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thousaid eight hurldrecl and Signed, sealed, and clelir ered, in |
the presence of
NOTE.--hzterest, pity'dble at the 'I'reasury in Adelaide, 8ouCh Aus- tralia, or [in London or in any other agreed place] at such placc as may be apyoilltcd, by notice to be given in the
8outA Australiaa GovenmentGazette [and in theLondon Gazette]. Principal payable at the Treasury, in Adelaide, or, at thc option of the holder rill London or other agreed place], if six months' notice of' desire to that cffect be given to the Treasurer in Sonth Ausi,ralia.
Port Adelaide TVa temorks Act.-1 863.
per centum per annum, and the intcrest apd principal upon such | |
bonds shall be payable and paid to the holder thereof, at such place | |
and time as may be specified or provided therein: Provided that the | |
principal shall not be przynble or paid before the expiration of twenty vears, and the time appointed for payment tl~ercof' shall not extend beyond forty-five years. | |
to the credit of the Commissioner, for the construction, corqletion, | |
and management of the said undertzking, and shall be by him paid | |
to the said Commissioner, in such amount and manner as the Governor, by any warrant under his hand, may from time to time authorize and direct. | |
6. The said Treasurer shall, and he is hereby required, in each and every year from the first raising of any sums of moncy undcr | |
the ahthority hercof, until thc whole of thc amounts so raiscd, and | |
all interest thereon, shall havc been duly paid, to set apart such sum as sllall suffice to pay the amount of bonds redeemable during such year, together with interest upon all bonds which shall thcn bear interest; itud | |
7. Tlzc Governor may from time to time, by ~varrant | under his |
hand, authorize the 'I'reasurer to advance nncl'pay to the said Commissioner, for the purposes of this Act, any sums of money not exceeding in the whole the sum herein authorized to be raised; and any sums of money so aclvanced and paid shall be retained by the Treasurer out of any moneys raised by him under authority hereof.
All 1noneg.a received by the said Commissioner, for or on account of the rates hereinafter authorized to be imuosed, after deducting | |
Burcr. | |
the necessary costs and charges of and atte&ing 'the collection | |
the same, and also of the nlanagenzent and maintenance of the said | |
Undertaking, and of keeping up the supply of water, shall be paid by | the said Clommissione~ to the Treasurer, until the whole of the |
money so to be raised by the sale of bonds, together with interest thereon at the rate aforesaid, a i d also |
8.
9. So soon as the whole of the money so to be raised by the saleUndertaking to y e ~ t of bonds, together with interest thereon at the rate aforesaid, and ~ 1 ~, ", " ~ 1 ~ ~ ~, 9: ~
also such furthcr sum of Twenty Thousand Pounds with interest | |
rates hereby authorized, thc said undertaking i~11d t'he powers and duties hereby or hereafter conftrred and imposed, shall vest in the | thereon at the rate aforesaid shall have bccn paicl.by means of the |
sppointmevt from time to time to revoke. |
228 g(;" &27" VICTORIA$ No, 17.
P
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10. The Commissioner shall, from time to time, appoint and sengers, and otller officers, at such reasonable salary, pay? or reward, | |||||
employ | |||||
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Adelaide 'Waterworks," purchase, take, or acquire, any lands and other hereditaments, goods, chattels, and things, and contract and | |||||
agree for the same, and become a party to any lllstrurnent for giving | |||||
formance or construction of any works, or delivery or removal of any materials, and may take security by way of bonds or obligations, or otherwise, by such name as aforesaid; and by that name may implead | |||||
and be impleaded, defend and bc defended, answer and be answered. | |||||
land, or any right or casement, in or over any land which he may | |||||
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14, The Commissioner, before taking land or any right or easement terested therein, or enabled to sell and convey the same, shall deposit in the office of the $urveyor-Gcneral |
i r l or over land otherwise than by agreement with the parties in- |
.. | require for the purposes of this Act. |
Commissioner
may
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disposed of, and may transfer or conxey the land or other property | |||
sold and disposed | |||
the purposes of' this |
!X0 &27" VICTORIB, No, 17.
Port Adelaide Watwworks Act.-1863.
16. The water supply |
at high service, and shall be derived from the main of the Adelaide |
Waterworks, as shown in the plans so deposited with the Surveyor- | |
General, as aforesaid. |
been made of any lands, or of the owners, lessees, or occupiers
of any lands desckbed in the plans or deposited in the office of the | Surveyor-General as aforesaid, the Commissioncr, after giving ten |
days' notice to the owners and occupiers of the lands affected by such proposed correction, may apply to two Justices of the Peace for the correction thereof; and if it shall appear to snch Justices that snch omission, mis-statement, or wrong description arose from mistake, they shall certify the same accordingly, and shall in such certificate state the particulars of any such omission, mis-statement, | |
or wrong description; and such certificate, with the documents to which i t relates, shall be deposited with the other documents to which | |
they relate: in the office of the Surveyor-General, and thereupon such plan shall be deemed to be corrected according to such certificate; and the Commissioner may make the works in accordance with such certificate as if such omission, misstatement, or wrong des- cription had not been made. |
18. The | Surveyor-General hall | keep | the | said | plans, | and all |
other documents deposited with him for the purposes of this Act, |
and shall allow all persons interested to inspect any of the docu- dlowinspecti~n-
ments aforesaid, and to
19. Copies of the said plans, or of any alteration or correction
Copies of plans and
thereof, or of any othcr such documents as aforesaid, or extracts | |
therefrom, certified by the Surveyor-General (which certificate such Surveyor-General shall give to all parties interested when required), | |
shall be received in all Courts or elsewhere in the said Province as | |
evidence of the contents thereof. |
20. Subject to the provisions hereinafter contained, the Commis-
Commissioner may
sioner may execute any of the following works for constructing the h | |
waterworks, that is to say: |
He may enter upon any lands required for the purposes of this Act and take levels of the same, and set out such parts thereof as he shall think necessary, and dig and break up the soil of such lands, and trench and sough the same, and remove or use all earth, stone, mines, minerals, trees, or other things dug or gotten out
of the same:
He may, from time to time, sink such wells or shafts, and make, maintain, alter, or discontinue such waterworks, cisterns, tanks, aqueducts, drains, cuts, sluiccs, pipes, cdverts, engines, and other works, and erect such buildings upon thehnds authorized to be taken by him, as he shall think properfor supplying the inhabitants of Port Adelaide with
water. | 21. In |
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21. In the exercise of the said powers, the Commissioner shall do |
shall provide other drains: and channels for the use of the |
adjoining or+ near the undertaking, in place of any such as shall be taken away or interrupted by him, and shall make reasonable compensation t a all parties interested for any damage actually sustained by them through the exercise of such powers; and the amount of such con~pensation 'shall, if no agreement shall have been come to between the Commissioner and the parties interested | |||
of disputed claims for compensation in the said Lands Clauses Con- solidation |
obstruct any person acting | ||
under the authority of the Commissioner, in setting out the line of the works, or pullwup or rcmovc any or stakes driven into the ground for the purpose of setting out the line of such works, or deface or destroy any worlrs made for the same purpose, shall be liable to a penalty not exceeding Five Pounds for every such bffence. | |||
making good the interrcption caused to any lands adjoining or near |
a i d if a m difference shall arise r e s ~ e c t i n ~ the construction of any | ||
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after specified, may open and break up the soil and pavement of the | ||
several roads, streets, and bridgcs within the necessary limits, for the | ||
purpose of constructing the said undertaking, and of laying down, | ||
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and do all other acts which the Com~nissioner shall from time to time deem ncccssary for carrying out the undertaking, doing as little damage as can be in the execution of the powers hereby granted, and making compeiwation as hereinbefore provided for any |
etreets, &C., under
|
notice in writing of his intention to open or break up the same, not less than three clear days before beginning such work, except in cases of emergency, arising from d6fects in any of the pipes, or other works, and then
as soon as is possible after the beginning of the work, or the necessity for the same shall have arisen,
amins .ad
26. No |
, | emergency |
Port A& laide Waterworks Act.-1 863.
emergency as aforesaid, be opened or broken up, except under the
superintenclence of the persons having the control or |
thereof, or of their officer, and according to such plan as shall be | |
approved of by such pcrsons, or their officer; or in case of any dif- | |
ference respecting such plan, then according to suchplan as shall | |
be determined by the S~rveyor~Gencral, or other competent officer, | |
to be appointed by the Governor: and snch Surveyor-General or | |
other officer may, on the application of the persons having the | |
control or mnnngemcnt'of any soch street or bridge, or their officer, | |
require the Commissioner to make such temporary or other works | |
as they may think necessary for guarding against any interruption | |
of the drainage during the cxecution of any works which interfere |
with any such-street o; bridge: Provided alr;ays, that it the pcrsons |
having such control or management, as aforesaid, or their officer, |
fail to attend at thc time fixed for the opening of | any such street |
saoner may porfom
or bridge, after having had such noticc of the intention of the Corn- | |
missioner as aforesaid; or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the Commissioner may perform the work specified in such notice without the superintcndeilce of such persons or their oficer. |
pavement of any stn:ct or bridge, he shall with all -convenient speed |
complete the works for which the samc shall be broken un. and fill
in tieground, and reinstate and make good the road or;avement
so opened or broken up,
thereby; and shall, at all times whilst any such. road or pavement
shall be so opened or brolten up, cause the same to be fenced and
guarded, and shall cause a light sufficient for the warning of passen-
gers to be set up and kept thereagainst every night during which
such road or pavement shall continuc open or broken up.
28. If the Commissioner shall open or break up any street or bridge mithout giving such notice as aforesaid, or if the Commis- |
sioner make any unnecessary delay in completing any such work, or filling in the ground, or 1.einstating and making good the road or pavement so opened or broken up, or in carrying away the rubbish occasioned thereby, or if he shall neglect to cause the place where such road or pavement has been broken up to
Of d e l v ruer
29, Tf any such |
persons having the control or management of the street or bridge in | , | ,,, | ||
respect of which such delay or omission shall take place, may cause to be executed the work so delayed or omitted to be executed, and |
Laying of pipes
30. The Commissioner may, upon the written request of theand drains.
owner or occupier of |
Or nfownrrorocroupisr.
or tender of the cost thereof), lay down communication pipes from
such street, and also such other works as are necessary for the supply
of such tenement with water.
laid down by him a supply of pure and wholesome water, sufficient | |
dwnostio purpows at for the domestic use of the inhabitants of the said town, who, as
high service. hereintifter provided, shall be entitled to delnand a supply, and shall be liable to pay water-rate for the same; and such supply shall be constantly laid on, unless prevented by drought or other nnavoidable accident, or during necessary repairs.
Supply of wnter to be .
Commissioner shall provide ancl keep constantly laid on, unless pre- | |
of the Mlinicipal or other |
Commissioner to affix proper authoritiesor yartics concerned, sllall upon the laying of the
public fireplugs inthe
mains. main or otherpipes beloxging thereto, fix proper fire-plugs at such places as may be most propcr and convenient for the supply of water for extinguishing any fire which may break out within the limits of the said town,
epective order every such fire-pllxg; and as soon as any such fire-plug | |
or building in such street.
requr.st, &e.,ofowners. awner or occupier ofally work or manuhctory., si tuxtcd in any street in which water shall have been laid on by the Commissioner, place and maintain in effective order a fire-plug (to beused only for extinguishing fires), as near as conveniently may be to such work
or | inanufactory. |
Penalty for refusing
116gkct | |
furn'ish to the |
26" &2"1° VICTORIB, No.17.
supply of water for the public purposes aforesaid, upon such terms as shall have been agreed on, or settled as aforesaid; or if,
except as aforesaid, he neglect to keep his pipes charged under such service as aforesaid, or neglect or refuse to furnish to any OW&X or occupier entitled to receive a supply of water, during any part of the time for which the rates for such supply have been paid or tendered, he shall be liable to a penalty not exceeding Ten Pounds, andshall also forfeit to every person having paid or tendered the rate, the sum of Forty Shillings for every day ddudng which such refusal or neglect shall continue, after notice in writing shall have been given to the Commissioner of thc want of supply.
shall be within his own premises in good repair, so as effectually | |
to prevent the water from running to waste, or the collection of | |
unwholesome matter; anil in case any person shall neglect to keep | |
the same in good rcpair, the Commissioner may cut off the p i p, or |
t,urn off the water from the prcmiscs of such person;until | such stop- |
cocli shall be provided or repaired, as thc case may require. |
the water supplied to him by the Commissioner. shall be wasted, shall forfeit to the Commissioner, for every such offence, a sum not exceeding Five Pounds. | |||
40. The surveyor, or any other person acting under the authority of the Carnmissioncr, may, between the hours of eight of the clock |
in the forenoon anil six of the clock ill the afternoon, enter into any |
' order to examine if thcre be any waste or misuse of such water; | house or premises supplicd with watcr by virtue of this | |
alzd i f such surveyor or other person at any such time be refused adrnittai~ce into such dwelling-house or premises for the purposes aforesaid, or be prevented from making such examination as afore- said, the Commissioner Inay stop off the water supplied by him from such house or other premises, | ||
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42. Every
26" &27" VICTORIB, No.IT.
Port Addaide Waterworks Act.-1863.
42. Ewry person who, not having agreed to be supplied with |
-. | water by the Commissioncr, shall t&c any water from an] pipe, or | |
Penalty for taking | ||
conduit, belonging to the Commissioner, or from any cistern or | ||
ment. | other like place containing watcr belonging to the Commissioner, other than s ~ c h as may have been providcd for the gratuitous use | |
| ||
fence, a sum not exceeding Ten Pounds. | ||
Penalty for destroying | ||
(I*ommia$ioner | : |
make assessment. | |
If in any year no | |
assessment ride, | 45. Iil case any yearly assessment shall not be duly made, and ~ ~ n t i l |
l a ~ t | assessment to be | the same shd l bc in force, the ossecsmmt then last made shall |
in force. | be in force. | |
Right | ||
town *wJsessments. |
|
Commissioner | 47. | The Coinmissio~ier may, in ~llaking | the assessment, adopt my |
adopt town aysees- |
mont, and may | assessment made by authority cf the Mu~icipal | authorities, or any |
q*er3sors, | previous assessment of the Commissioner, either wholly or in part, |
260 &27' VICTORIBy No. 17.
*
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and may from time to t h e appoint any person or persons to
assess A ~ m ~ ~ ~ l. the wholc or any part of the said lands.
48. The Cummissioner may at any lime, and from time to time, correct any error which may appear to him to exist in the assess- | |
ment; but the annual value of any property shall not be altered after the first publication of the notice of assessment, except under the order of a Court, as hereinafter provided. |
49. The annual value of all vacant lands sllall be estimated at | |
per centum per annum on the market value thereof; and the annual value of all other lands sbdl be estimated at the full, fair, and average estimated aniiual rent, clear of all outgoings, at which the
lanct would let an a lease of not less than twenty-one years, or by the foot frontage on a building or improving lease for the same term.
50. The assessment-book. or a true copy thereof, shall be deposited in the officc of the Manager of the Waterworks, and also at the office | |||
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of' thc Town Clcrlr, and the same shall be open to inspection between the houis of eleven o'clock ante meridian and three o'clock post meridian on cvery day cscept Sundays, Saturdays, and public holiday |
51. A noticc of the malciq of such assessment, and of any altera- | |
tion therein in the form Schedule A to this Act knnexed, or as near | |
thereto as circuinstnnces will permit, shall be published oncc in the | |
last of which shall bc in thc same | |
ar- .--
ment, appeal therefrom upon the gronnd that any lands arc asscssed | Assessment |
beyond or below their full and fair annual value, are omitted from | |
the assessment, or are not rateable, and within a like period and | |
upon the like ground, of the publication of the notice of any altera- | |
tion in the appeal thewfrom. | |
53. | in Port Adelaide |
shall be the Court of Appeal; and every appeal shall be colnn~enced | by |
thereto as circumstances will permit, clelivered to the Clerk of the | |
Court within the period allowed for appeals, | |
at thc next rittings of the Court |
next after five weeks from the publication in the
Govemment Guzette of the notice of assessment or alteration; and the assessment-bopkshall be
produced by oron behalf of the Commissioner, andupqn
examining
- |
Pm t Adelaide WaterzaorksAct.-1 863.
LomZ Court of examining upon oath any witnesses who may be tendered for exarni-
the matter in dispute and costs as shall be just, and shall cause any alteration occasioned by the decision to be immediatcly m d e, which alteration shall be attested by the signature of the bpecial Magis- trate, and the Court may enforce any order in the same manner as though the same were the order of a Justice of the Peace under his summary jurisdiction,
Speuial | 55. The Court, upon the hearing of any appeal, may state one or more special case or cases for the opinion of the Supreme Court, and the Suprcme Court shall llear and decide such special case or cases according to the- practice on special cases, and shall make such order, as to costs as shall appear just; and any two or more Justices of the Peace, or thc Local Court of Port Adelaide, inay make an order in respect of the matters referred to the Supreme Court in conformity with the certificate of the said Snpremc Court or of any Judge thereof, which odcr shall be enforced in manner provided for the enforcement of orders of Justices of the Peace under the Ordinance No G of 1850, |
of the Clommissioner to rccover rates in resuect of |
m y land alleged in ally notice of appeal to be asscsscd beyond its full and fair value shall not be suspended by the appeal. | ||
57. The Cornmissioner may make and levy rates on all lands included in the said assessment, ancl the scale of rates shall be as follows, viz. :-On all tenements assessed at or below Ten Pounds | ||
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cent. on the assesscd annual value. | ||
58. The Commissioner may, with the consent of the Govemor in Executive Council, reduce the scale of rates by notice published in the |
59. JVhen se~eral | houses, or parts of houses, in the separate |
sr~pplied | bp one |
occupation of several persons are supplied by one common pipe, the several owners or occupiers of such houses, or parts of houses, shall be liable to the paymerit of the same water-rate as they would have been liable to if each of such several houses, or parts of houses, had | ||
been supplied with water from the works of the Commissioner by a | ||
|
26" &27' VICTORIZ, No.17'.
Adelaide |
60. The owner of any tenement which shall have been unoccupied
Rates.
for more than three months, n~ay | make a cieclaration to that effect in Rates onlnnd un- |
the form of Schedule F to this Act annexed; and the Manager months may | occupied for three |
shall, upon the rcccipt of such declaration, deduct from the rates ducea.
which shall afterwards become due upon such tcnement, a sum equal
to half the rate paid for the period hamed in such declaration. -
Rates main | to commence | laid, and |
said town; and on the expiration of seven days from public intimation to | payable h a l ~ |
published in the | |
one newspaper published in the City of Adelaide that the main has been laid down, and that the water is ready for distributioii, then, whether | |
service pipes shall be provided or not, rates, according to the scale then in force, shall be payable in rcspect of all lands which sllall or can be supplicd with the service pipes from the main aforesaid, for the period elapsing between the first day of the month following thc expirntion of the said seven days and thc thirtieth day of June or the thirty-first day of I)eccmbcr, as the case may bc; and thereafter the rates shall be payable half-yearly ill advance on every first day | |
of January and first day of July, according to the scale which shall | |
be in force at the timc the payments shall respectively fall due. |
62. No water from the mrdertaking shall be used for manufacturing zc;f;;rt;,","ey?$
purposes, public baths, watering gardens, irrigation, or othcr than purposes, exc~pt domestic or building purposes, except under a special agreement in
under ngrewlent* writing, madc b~ the person requiring the same with the Commis-
sioner, and fixin':: the paymcnt to be madc thcrcfor, under a penalty
as hereinafter pxwided.
63. The Commissioner may charge, in addition to' the rate here- Cattle. $C., '(1 | charged extra. |
inbefore mentioned, at the rate of Tcn Shillings by the year fcr cvcry head of gyeat or every five head of small cattle kept upon lands supplied with water from the waterworks, and at the rate of
and Five Sl~illings by the year for every carriage having two wheels, | Ten Shillings by the year for every carriage having four wheels, |
kept in like manner; but whenever the number of cattle or car- riages usually kept upon land supplied with water from thc n-atcr- works shall, or arc likely to, vary from time to lime, the occupier shall make a declaration, in tlxc form of the Schedule I) t~ this Act annexed, of the average nnrnhcr of cattle or carriages kcpt or intcnded to be kept upou the land, and thereupon the Commissioner shall chargc at the rate aforesaid for the average number of cattle or carriages so kept or intended to be kept. |
have |
made, or shall at any time consider that the average number of cattle ..,,,,
or | carriages kept by the declarant, or any pcrson claiming under c ~ t t l ~ ? a e t t l e d ~ ~ |
him, is greater than that stated in his declaration, or that he has, subsequently to any order made as hereinafter mentioned, kept a larger number than that fixed by such order, the matter shall be settled, on the information of the Commissioner or anv collector, in
-.pp |
a summary manner, before one or more Justices of the Peace, who |
' may make such order as shall be just as to the pay-ment of any
additional sum for the past supply of water to the cattle, or for cleaning the carriages, and as to the number of cattle or carriages which the defendant shall be charged for in future; and ally Justice or Justices of the Peacc may vary any order
so made from time to time, in such manner as shall bc just, on information of the Corn- missioner, or zc collector, or any person interested.
When Owner topay
66, If a tenant shall pay ratcs for a period extending bcynnd
Tenant
re- |
in | his terb, he shall be entitled to recover from his landlord proportionate part thereof. | |
67. Thc Corninissioner or any collector appointed by him, may rccover xates from any person liable, or from the occupier at the time of any demand being made, and after demand | ||
and any person in actual rcccipt of the profits of any lands shall be | ||
liable as owner thereof. | ||
68. The Commissioner shall, froin time to time, nominate one or more persons as collectors, for levying the said rates respectively, who shall proceed in the same manner, and shall have the same powers, yemedies, and privileges, and shall be subject to the same regulations and penalties, with retkrcnce to the levying of such rates, | ||
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such Collectors, by any *4ct now or hereafter to be in force, are to bc proceeded against for non-payrncirt. |
sue- | 69. I t shall be lawful for any collector, to be appointed by tlle Commissioner, to sue for, recover, and receive of and frorn t t e person thereto liable, any rate, assessment, or other moneys payable under the provisions of this Act, before any Court of competent jurialiction; and for the purposes of any action, suit, or other pro- ceedings, such rate, assessment, or moneys, shall be deemed to be |
Xatesanpaidtwenty-
or left at the house, laiid or tenement rated and assessed therefor, |
tlrc Commissioner or collector or his assistant may thereupon,
without
* |
Port Adelaide 'CYaterworks Act.-1 863,
without any warrant, enter into any part of the premises, and
distrain the goods and chattels found therein; or may enter into
any other houscs or land in the said town, occupied by any person
liable to the same rates, and on whom noticc to pay the same has
been served personally or by leaving the same at his house for him,
and distrain his goods and chattels thorcin and tl~ercon; and if the
sums for which the distress is taken be not paid for five days after
the distress together with reasonable costs, then the said distress, or
so much as shall be sufficient to pay the rates and costs aforesaid
may be sold, a~id any overplus shall be returned to the owner of the
goods.
bo
71. In any case in which rates, in respect of any lands shall be in |
sioner to cause to he publishecl three tinres in the | arrear for the space of two years, it shall be lawful for the Commis* | of tlie said rates, interests, costs, and expenses, in preference to | any mortgage or other security; and that conveyance shall be |
executed by the master or other officer of the Court, to the pur- chaser, his heirs, and assigns, in such form as shall be approvcd by the Court or a Judge, ~ ~ h i c h shall vest the Icgal estate in the said lands, in the purchaser, his heirs, and assigns frce from all cncum- brances; and the balance arising from the procceds of such sale shall remain, and be mbject to any future or other orders of the Court, for behoof of the party or parties interested therein, |
cut off | the water supply from any |
bo cut off from un- lands when the same shall remain unoccupied for thrcc calendar
o,,upiUdlmd, months, or when any rates or charges for service-pipes and fittings
in respect thereof shall remain unpaid for fourteeu days after thesame shall beconlc due; and whenever the lands hall become occu- pied, and all rates and charges for service-pipes and fittings paid, the supply shall on demand be restored, upon payment of the cost of
such cutting off and restoration.
73. Any
than five years, may recover from his landlord half the cost to which |
o l + ~ e - he or his undertenant may be put in causing service-pipes to be laid
, |
run. |
- | - | - | ||||
| ||||||
| ||||||
| ||||||
of the balance of such account, duly audited and certified by the Auditor-General; and a copy of such account shall, on or before the thirty-first day of December in each year following, be pnblished in
the
South Australian Govemmen t Gazette.
Recovery of
_ _ _ _ - or enforcing the payment thereof is not provided for, such amount, in case of dispute, shall be ascertained and determined and recovered | |||
|
said Provinck.
said Commissioner fbr thc purposes of this Act. |
or other wrongful proceeding in execution of this Act, or by virtuc
of any power or authority hereby given, and if, before action brought
in respect thereef, swch person shall make tender of sufficient amends
- | to the person injured, such last-mentioned person shall not recover in |
4 any such action; and if no such tender have been made, the de- fendant may, by leave of the Court wherc such action is pending, at any time bcfore issue joined, pay into Court such sum of moneyas he thinks fit, and thereupon such proceedings. shall be bad
as in other cases where defenclants arc allowed to pay money into Court. |
260 &27" VICTORIAE, No.17.
Port Adelaide Waterworks Act.-1863, 80. All actions and prosecutions to be commenced against any
Tender o/cmends
person for anyt.hing donc in pursuance of this Act shall be commenced | |||
within six calendar months after the fact was committed, and not |
otherwise, and notice in writing of such action, and the cause thereof,
shall be given to the defendant one calendar month at least before |
the commencement
defendant may plead the general issue, and give this Act and the
special matter in evidence at m y t ~ i a l | thereupon; and no 'plailltiff |
shall recover in any such action if tender of sufficient amends shall have been madc bifofore such action brought, or if
plaintiff become nonsuitecl, or discontintle any such action on issue | that time; and if a verdict shall pass for the defendant, or the ~:~;~~~??&. |
joined, or if upon demurrer, or otlier~vise, judgrncnt shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same | |
as any defendant hath by law i11 other cases, and though a verdict | |
shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial shall be, shall certify his approbation of thc action, and of the verdict obtained thcrcupon. |
81. There shall be an appeal, in manner provided by the Ordi- | - |
name No. 6 of 1860, to fttcilitate the performance of the duties of ' convictions and orders from any ordcr of a Justice or Justices,
an information laid under this Act, and no order of Justices or of
the Local Court shall be removed into the Supreme Court by
this
Act.
SCHEDULES
26" &27" VICTORIZ, No. 17.
Notice is hereby given, that I, the Commissioner of Waterworks, have caused
to b e made an assessme:lt of all ralcablc lands within the Town of Port Adelaide,
showing the names of the owners or occupiers, so far
as the same can he ascertained, the estimated annvnl due of the several lands, and a description of the same,show-
ing ivhich of the said lands are vacant lands, and that t1.c same, or a copy thereof,can be inspected a t the office of the Manager of Waterworks, or at the office of the Town Clerk, Port Adelaide, betivccn tile hours of 11
a.m. and Rpm., on every day but Sundays, Saturdays,and public holidays; and any one intending to appeal agaihst the assess~nent must serve tlle notices required by the Port Adelaide Waterworks Act, 1865, within one month from the publication of this notice in theSouth
Dated, &c.
Notice o f Appeal from Assessment.
WATERWORKS. |
To the Commissioner of Waterworks, and to all whom it may |
concern. |
day of |
18 ] ,on theg round tha t
Dated,
&c.
PORT | WATERWORKS. |
Notice is herebygiven, that the scale of rates for this undertaking has beenreduced by [one-tenth, or the like], and this reduction will take effect on
the [Blst
January, 18 | , | or 30th June, 18 | .] |
Dated, &c. Commissioner.
, do hereby |
number of [carriages, or of cnttle and carriagh, as the case
may be] which I intend to keep a t the [livery stables in,&c-], situate in street, Port Adelaide, is as follows,viz. [horses, cows, carriages, as thecase may be].Dated, &c.
j. |
26" &27O VICr'ORIX, No, 17.
E
DIST~RCT |
Notice is hereby given that there is now due, and has been due for two years,
in respect of the landa mentioned in the schedule hereto, the sum of
of | ; and the owners of such land are required to take |
notice that, unless the amount so due, together with the costs of and attending this notice, be paid in
Dated
Commissioner.
TIIE S c n a ~ u ~ s.
Name |
L I _ _ _ I _ - - 7 - - -
Declaratz'on that Tenement is Unoccupied.
, | of | , do hereby declare that the building owned by me. |
in | street, and numbered | on the notice of rate for the half-yez,r |
ending | , | , was unoccupied during | clear months, |
mencing | , and ending | , | . |
Dated | (Signed) |
I
Adelaide :Printed by authority, by W. C. Cox, Qovernment Printer,Victoria-square.
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