Port Adelaide Water Supply Act 1863 (SA)

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ANNO VICESIMO SEXTO El! VICES1310 SEPTIMO

No. 17.

AI?. Act to provide for the Water Supply of

the Town of Port

Adelaide.

[Assented to, 12th November, 1863.1

HEREAS it is expedient that pprovisioli should be made for Preamble.

W introducing a supply of pure water for the usc of the in-

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:

3 i'

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, 1863."

2. In the constn~ction of and for the purposes of this Act, whcn Interpretation of

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

26" & 27" VICTORIB, No. 17.

Port

Adelaide

Waterworks A c t. 1 8 6 3.

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 the agent 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 for a 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-

uisions.

3. It &all be lawful for the Treasurer, for the time bcing, of thc said Province, from time to time, to issuc bonds, not exceeding in

Tmn8urer

~86,000. to raise

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 of bond.

KO.

$

NO.

Port Aclclaidc 'CVatervorks Bond.

1,

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

one thousand eight hundred and

. Sealed

with my seal.

Dated the

itay of

, one

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 Govenment Gazette [and in the London 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.

Bonds to

4. The said bonds shall bear interest at the rate of Six Pounds

at six per cont.

per -

Port Adelaide TVa temorks Act.-1 863.

per centum per annum, and the intcrest apd principal upon such

Fitbanckl Pro-

bonds shall be payable and paid to the holder thereof, at such place

visions.

and time as may be specified or provided therein: Provided that the

When payable.

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.

5. All sums of money raised and received by the Treasurer upon the security of the said bonds dial1 be carried by the said Treasurer

Moneys raised by

bonds, how applled.

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

apart annually for

Sum to be set

payment of principal

the ahthority hercof, until thc whole of thc amounts so raiscd, and

nud interest.

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 slrall apply such sums in payrnent of such bonds and interest as aforesaid, in inamer specified in such bonds.

Governor may advance

7. Tlzc Governor may from time to time, by ~varrant

under his

moncys to be repaid.

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

Net procecda of ratce

to be paid to Trea-

Burcr.

the necessary costs and charges of and atte&ing 'the collection 2

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 s further sum of Twcnty Thousand Pounds, with interest as hereinilfter mentioned, shall bh fd ly paid and satisfied.

8.

9. So soon as the whole of the money so to be raised by the sale Undertaking 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 ~ ~ 0, 0 0 0

additional ie

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 paid* vided that it shall be Imvfnl for the Governor with the advice of the Executive Council, at any time after the constvuction of thc said undertaking is con~pleted, to appoint the Municipal authorities as aforesaid to be Commissioners for the purposes of this Act, and such

sppointmevt from time to time to revoke. 10. The

228 g(;" & 27" VICTORIA$ No, 17.

Por l Adelaidq Waterworks Act.--1 863.

P

- - -

.-

Commiaaiontw.

10. The Commissioner shall, from time to time, appoint and sengers, and otller officers, at such reasonable salary, pay? or reward, as to him may seem meet; and shall also, from time to time, at his discretion dismiss and disclmrge such officers, or any of them, and appoint others in their place.

Commiaaioncr to

employ such manager, secretary, solicitor, engineers, clerks, mes-

sppoid a f i ~ ~ m.

Commiseioner may

purchase land, &C.

11. The Conlmissioner may, for the purposes of this Act, and under the name, stvle, or title of 'L The Commissioner of the Port

,

d

,

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

effect to such purchase, taking, or acquisition, or for the per-

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.

Commiesioner may

make roads, &c.

12. The Commissioner may make such roads over or to any of the lands authorized to be taken as may be considered necessary for carrying into effect the said undertaking, and for communicating with arid maintaining the works which may bc coi~structcd; and may rcpair, amend, a d fence in such roads, and use thc same ex- clusivcly for the purposes of the said undertaking, or permit the public or any person or persons to make use of the same, upon such terms and conditions as he shall from time to time think proper.

"The Lands Clausoe

Consolidation Act"

13, For the purpose of cllabling the Cornmissioaer to obtain any require for the purposes of this Act, Lc'l'he Land Clauses Consoli- dation Act" shall, subject to thc provisions herein contained, be iucorporated with this Act, and the provisions of the said Act so incorporated with this Act shall be applicable in the case of the pur- chase of a right or easement in or orer any land; and for the purposes

incorporated with

land, or any right or casement, in or over any land which he may

thie A&.

wheilcver used in the said Lauds Clauses Consolidation Act, shall

of this Act the expression "'i'he Promoters of the Undertaking,"

mean

The Commissione~."

Cornmiedonertu scrvo

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 a plan, showing the quantity of land or the pat.iculars of t lx right or eascment which hc may

notkc,

&ctc., before

taking lands.

i r l or over land otherwise than by agreement with the parties in-

..

require for the purposes of this Act.

Commissioner may

sell land purchawd

15. The Commissioner may sell and dispose of any land pur- der this Act, which it ma! appear to him may be prolxrly sold or

t d e f €his A&.

chased under this Act, or any property whatever

vested in him m-

disposed of, and may transfer or conxey the land or other property

sold and disposed of unto the purchaser, or as he shall direct; and his receipt shall be a sufficient dischargc to the purchaser for the purchase money in such 'eceipt expressed to be received, and the

money accruing from the sale of such property shall be applied for

the purposes of' this Act. 16. The

!X0 & 27" VICTORIB, No, 17.

Port Adelaide Watwworks Act.-1863.

16. The water supply shall be on the principle of constant supply ~ o ~ t r t d ~ ~

of

at high service, and shall be derived from the main of the Adelaide -

wnterwovks.

Waterworks, as shown in the plans so deposited with the Surveyor- Principle of the water-

morlts.

General, as aforesaid.

17. If any omission, misstatement, or wrong description shall have Errors md omidona

in plans, &C., may be

been made of any lands, or of the owners, lessees, or occupiers corrected by Jnaticeh

of any lands desckbed in the plans or deposited in the office of the &C., who shan c e ~ f ~

Surveyor-General as aforesaid, the Commissioncr, after giving ten the same.

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 Certiicates, &co, t o

which i t relates, shall be deposited with the other documents to which be deposited.

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 B u r y o r - G e r m 1 to

other documents deposited with him for the purposes of this Act, altentionr, ku.,

receive plan6 of

and shall allow all persons interested to inspect any of the docu- dlowinspecti~n-

ments aforesaid, and to make copies and extracts of and from the same.

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

alterations, &c+, to bo

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 ersin named,

execute the work

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 proper for supplying the inhabitants of Port Adelaide with

water.

21. In

3 '4

--

26" & 27" VICTORIX, No. 17.

Port Adelaide Waterworks Act.-l 863.

Conairueth of

21. In the exercise of the said powers, the Commissioner shall do

Wcr leruwks.

as little damage as can be, and in all cases where it can be done,

commiaaiotlerto

shall provide other drains: and channels for the use of the land

".Le

for damages.

compn8ation

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

as aforesaid, be settled in the manner provided for the settlement

of disputed claims for compensation in the said Lands Clauses Con-

solidation Act.

""'"7 fOrObstr"ct~

22. Every person who shall wilf~~lly

obstruct any person acting

ing construction of

worke.

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.

Accom'modation

23. The Commissioner shall be rewired to erect all works for the undertaking, or otherwise for thc accommodation of such lands;

I

works.

making good the interrcption caused to any lands adjoining or near

aB "

fie

construction of

nccom=

modetion works to be

a i d if a m difference shall arise r e s ~ e c t i n ~ the construction of any such accokmodation works, or the hind, oriiize, or sufficiency thered, or respecting the maintenance thereof, the Bame shall be determined

by t ~ r o

Justices of the Peace in a summary manner.

Luyi?lg of p&e&

--

21. The Comnziseioncr, under such superintendence as is herein-

Pawer to break up

after specified, may open and break up the soil and pavement of the

supcrintendeme, and

several roads, streets, and bridgcs within the necessary limits, for the

to open drains.

purpose of constructing the said undertaking, and of laying down,

altering, cleansing, repairing, and removing any drains, pipes, con- duits, service pipes, and other works and engines, and remove and

use all earth and materials in and under such streets and bridges

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 darnage which may be done in execution of such povers.

etreets, &C., under

X&ce to be served on

persons having con- ?5. Before the Commissioner opens or breaks up any street or

!roWc.,hfore brek- bridge, he shall give to the persons under who.% control or manage-

ing up slreet or rnent the same may be, or to their clerk, surveyor, or other officer,

ownina drains.

-

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

to be broken up except

26. No such street or bridge shall, except in the case of such

uhder rruperintentlence

,

emergency

Port A& laide Waterworks Act.-1 863.

emergency as aforesaid, be opened or broken up, except under the Laying o fp ipu.

superintenclence of the persons having the control or management .r

nonshsin8mn.

thereof, or of their officer, and according to such plan as shall be tro-of tbc-e.

P"

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

If persons, haping the

having such control or management, as aforesaid, or their officer, mnml, ta,

fail

fail to attend at thc time fixed for the opening of

any such street ~ e r i n h n d,

Commh

saoner may porfom

or bridge, after having had such noticc of the intention of the Corn- the W ~ L

without

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 vitho.t &lay.

27. When the Commissioner shall open or break up the road or f 3 ~ b & ~ i ~ g ~ ~

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, and carry away the rubbish occnGaned

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-

for de 'a~

in

reinstating

sfxee! E, &a.

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 be fenced, guarded, and lighted, he slid1 make compensation as hereinbefore provided for,

Of d e l v ruer

29, Tf any such clclay or omission as aforesaid shall take lace, the fn

partlea may reinstate

persons having the control or management of the street or bridge in ,

,a ,

,

,,,

er-

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 the expense of executing the same shall be repaid to such persons by the Comrnissioncr, and s11ch expenses may be recovered in the same way as damages are recoverable uncler this Act.

Laying of pipes

30. The Commissioner may, upon the written request of the and drains.

owner or occupier of auy tenement in any street (and upon payment C~mnmimtion

mey be laidon requc et

Or nfownrrorocroupisr.

26" & 2'5" tfICTORIB, No. 17.

Port Adelaide Wa;teru?orks Act,-1863.

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.

s u ~ ~ ' y

of

3 1. The Commissioner shall provide and keep, in the pipes to be

A constant supply of

laid down by him a supply of pure and wholesome water, sufficient

water to be kept for

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 .

kept for cleansing

32. I n all the pipes to which any fire-plug shall be fixed, the vented as aforesaid, or during necessary repairs, a sufficient supply of water for the following purposes, that is to say-for cleansing the drains, for clemsing and watering the streets, and for supplying anv nublic baths or washhouses that may be established for the free use of the inhabitants, or paid for out of ang rates levied within the said town; and such supply shall bc providcd at such rates, in such quantities, and up03 such terms and conditions as may be fixed upon by the Commivsioner and the hl~~nicipal or other proper authorities and par ties concerned.

sewer& drains,

and for other public

Commissioner shall provide ancl keep constantly laid on, unless pre-

P U ~ ~ O S C B.

Ere-plugs.

33. The Cornrnissioncr, at the ~equcst

of the Mlinicipal or other

Commissioner to affix proper authorities or yartics concerned, sllall upon the laying of the

public fireplugs in the

mains. main or other pipes 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,

Commissionertorcpair

34. The Commissioner s l d l from time to time renew and keep in is corn~~leted, shall deposit a kev thereof at each place within the limits bf the 'said to& where any fire-engine is kept, and in such other places as may be appointed by tbe Municipal or other proper authorities, and &all put up s public notice in some conspicuous place in each street in mhich such fire-plug i~ situated, showing the situation, mhich notice the Commissioner may put up on any house

f i l q h g s a ~ d

dqtosit

kt ye thcrcuf e t cn-

epective order every such fire-pllxg; and as soon as any such fire-plug

gine-Iiouaes, &c,

or building in such street.

Fire-plngatotcplaced

3.5. The Commissioner shall, at the rcquest and espcnse of the

near

manufactories at

requr.st, &e.,ofowners. awner or occupier of ally 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 be used only for extinguishing fires), as near as conveniently may be to such work

or

inanufactory.

Penalty for refusing

to fix, QC., fire- plug^,

36. If, except when prevented as aforesaid, the Commissioner

or~e~ionai fa i lureoE

116gkct OX refuse to fix, maintain, or repair such fire-plugs, or to

~ p l g

furn'ish to the Municipal or other proper authorities a sufficient

26" & 2"1° VICTORIB, No. 17.

Port

Adelaide

Waterworks A c t. 1 8 6 3.

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, and shall 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.

37. Every person supplied with water shall k.eep such part of the communication-pipe and the stop-cocks, drains, and other works, as

Protection of

water.

shall be within his own premises in good repair, so as effectually

Pemons using water

to keep W or& in

to prevent the water from running to waste, or the collection of

repair.

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

Penalty for neglect.

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.

38, Every person supplied with water by the Commissioner, who shall suffer any such pipe or stop-cock to be out of repair, so that

pipe, &C., to be out of

Penalty for suffering

repair.

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.

39. The Commissioner may repair any such pipe, stop-cock, or other work, so as to prevent any such waste of water, and the cxpenscs of such rcpair shall be repaid to him by the pcrson so allowing the same to be out of repair, and may be recovered as damages,

Cormi~ioner

may

r~pair

pipes, &c.

40. The surveyor, or any other person acting under the authority of the Carnmissioncr, may, between the hours of eight of the clock

Power to survcyor

employed by Commis.

sioner to enter h o w

in the forenoon anil six of the clock ill the afternoon, enter into any

to

inspect., &c.

' order to examine if thcre be any waste or misuse of such water;

house or premises supplicd with watcr by virtue of this Act, in

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,

41. Every owner or occupier of any tenement supplied with water under this Act, who shall supply to any other person, or wilfu1ly permit him to take any such water from any pipe in such tenement, unless for the purpose of extinguishing any fire, or unless he be a person supplied with water by the Commissioner, and the pipes belonging to him be out of repair, shall forfeit to the Commissioner for every such offence, a sum not exceeding Five Pounds.

persons to uae water.

Penalty' for

atlowiag

42. Every

26" & 27" VICTORIB, No. IT.

Port Addaide Waterworks Act.-1863.

Protec [h-

n

f .

42. Ewry person who, not having agreed to be supplied with

-. ianter.

water by the Commissioncr, shall t&c any water from an] pipe, or

Penalty for taking

water without agree-

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

of the public, shall forfeit to the Comn~issioner,

for every such of-

fence, a sum not exceeding Ten Pounds.

Penalty for destroying

vnlvcs, &c,

43, Every person who shall wilfully or carelessly break, injure, or open any lock, cock, valve, pipe, work, or cngjne belonging to the (.'omnzissinncr, or sllall flush or draw off the water from any of the worlcs of the Commissioner,, or shall do any other wilful act ~ ~ h e r c b y slich water sllnll he wastctl, shall forfeit to the Commis- sioner, for cvcry s~wh oifencc, a, sum not exceeding Five Pounds, besides the amount of damage to which the Commissioner may be put in rcspwt thcrcof.

(I*ommia$ioner m

q

:

make assessment.

4-4. 'l'lre Commissioncr s l d, at least three calendar months before he shall conlinence to supply the said town with water, and every year thereafter, nmke and bring into force an assessment of L211 lands within the 'l'own of Port Adelaide, not being the property of the Crown or of the C:orporation of the said town, according to the full, fair? and awrage etimatetl annual value of the same, clear of all outgoings; and the asaesstnent shall be written in a book, specifying in cliffewnt colnlnns t l ~ c narncs of the respective occupiers and owners, or agents of owncrs, so fkr as the same can be ascertained, the estimated annual vdne of thc several lands, ancl a description of the same, and showing which of thc said lands are vacant lands.

If in any year no

assessment ride, thc

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 of inspecting

town *wJsessments.

46. The Commissioner, or any person liaving an order for that pwpose under his hand, may inspect arry rate made or to be made for the said touu, and the assessment book and other documeiits relating thereto, and may take copies or extracts from the same without payment of any fee or r e m d; and if any person having the custody of any such rate assessment book, or other document, shall wilf'ully neglcct or retlusc to permit thc Comnzissioner, or such other person as aforesaid, to inspect thc same: or to take copies or extracts from the same within two days after a demand in writing, or such order shall hare been produced and shown to him, or a copy thereof left at his usual place of abode, such o'ifender shall, on conviction thereof, forfcit; and pay for every such dKence a peizalty not exceeding the sum of Xen Pouncls.

Commissioner may

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

appoint a,,

q*er3sors,

previous assessment of the Commissioner, either wholly or in part,

rtnd

260 & 27' VICTORIBy No. 17.

P o r t Adelaide

TVuierworks Act.-1863.

*

-

-

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-

Commissioner may

correct errors in

aseessment.

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 five

how estimated.

Annual v,&ie of lands,

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

copy to be ko t for

Asseesment-book, a

ins

ection at t i e ofece

of

Rd

anager.

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 S.

51. A noticc of the malciq of such assessment, and of any altera-

or alteration to be .

Notioe of asseaament

tion therein in the form Schedule A to this Act knnexed, or as near

given.

thereto as circuinstnnces will permit, shall be published oncc in the

South Atrstmcnlim Government Gazette: three consecutive times, the

last of which shall bc in thc same wcck as the publication in the Gazette, in at least one newspaper published in the City of Adelaide, mid thereupon the assessment-book, or, as thc case may be, so much thereof as depends upon the alteration, shall come into force.

52. Any person may, within one month after the publication in the South Australian Government Gazette of the noticc of the assess-

Appeal frma

aessm ent.

ar-

.--

ment, appeal therefrom upon the gronnd that any lands arc asscssed

Assessment may be

beyond or below their full and fair annual value, are omitted from

appealed against.

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 South Aastralian Governnae?zt Gazette, any person may

appeal thewfrom.

XocaZ Court of

53. Thc Local Court of Full Jurisdiction sitti~lg

in Port Adelaide

Pod Adelaide to be

shall be the Court of Appeal; and every appeal shall be colnn~enced

by

Court of Appeal.

a notice in the form in the Scheclule U to this Act annexed, or as near

Appeals, how com-

thereto as circumstances will permit, clelivered to the Clerk of the

m e n d.

Court within the period allowed for appeals,

Hearing of appeals,

54. The appeal shall be l~eard

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-bopk

shall be produced by or on behalf of the Commissioner, and upqn

examining

26" & 27" VICTORIB, No. 17.

-

Pm t Adelaide Waterzaorks Act.-1 863.

LomZ Court of examining upon oath any witnesses who may be tendered for exarni-

P ~ r i A & d h t o ) e nation touching the qucstion in dispute, the Court at the same or at

Court some adjourned or subsequent sittings may make such order touching

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 case may be ,

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,

Court,

stated for Supreme

Right torecover rate0

56. The r i ~ h t

of the Clommissioner to rccover rates in resuect of

V

L

not arlspcnded by

appeal*

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.

Bates.

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 cl year, Twenty-five shillings; on all tenements assessed above Ten Pounds ancl not above Forty Pounds a year, twelve and a-half per cent.; five per cent. additioilal on the assessed annual value abovc Forty Pou~ids and not above One Hundred Ponnds; two and a-half

Srde of rates.

Pounds, and on unoccupied tenements and 1 acant lands three per

13"' cent. additional on the assessed annual lvaine above One IIundred

cent. on the assesscd annual value.

Commiesicner may

reduce rates.

58. The Commissioner may, with the consent of the Govemor in Executive Council, reduce the scale of rates by notice published in the South Atistralian Goiuernnaent Gazette, in the form in the Schedule C to this Act annexed; and any reduction shall t&e place on the first day of January, or the first day of July, as the case may be.

When sevwal houses

59. JVhen se~eral

houses, or parts of houses, in the separate

sr~pplied

bp one pipe

t ach to pay.

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

separate pip.

-

60. The

26" & 27' VICTORIZ, No. 17'.

Port

Adelaide

Waterworks A c t. 1 8 6 3.

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 bs m-

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. -

61. When n main shall bc laid down in any street or streets of the when

Rates main

to commence

laid, and

said town; and on the expiration of seven days from public intimation to b,

payable h a l ~

published in the South Austtdimz Qovertzment Gaxetlc and in at least yearly.

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 be

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.

61. If the Commissioner shall be dissatisfied with a declaration so commi:sionermas

have dlspute, as tn

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 ~ ~

Justices.

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

238

-.pp

26" & 2'7" VICTORIB, No, 17,

Port Adelaide Waterworks Act.-1 86 3.

Rates.

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 to pay

rates, and when occu-

65, The owner shall pay all rates upon unoccupied and vacant lands, and upon occupied lands where the yearly assessed value shall not exceed Twenty Pounds; and the occupier shall pay all other rates, but this provision shall not invalidate or affect any contract.

pier.

66, If a tenant shall pay ratcs for a period extending bcynnd

Tenant

cover portion of to

rato

re-

in ccrtain cases,

his terb, he shall be entitled to recover from his landlord a fair

proportionate part thereof.

Bates

c;ovorablc. whom re-

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 on the occupier; and if no sufficient distress can be found on the premises to satisfy any rates for which the occupier is iiable, together with all costs, the same rates may be recovered in like manner from the owner,

and any person in actual rcccipt of the profits of any lands shall be

liable as owner thereof.

Appointment and

powers of collectors.

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, as if they were collectors appointed by the Rhnicipal authorities for

to the Commissioner, or to any person authorized by him, or, in collecting the town rates, and shall pay over the amount of such rates

default thereof, shall be proceeded against in the same manner as

such Collectors, by any *4ct now or hereafter to be in force, are to

bc proceeded against for non-payrncirt.

Collcotorsmny

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 due and payable to such collector.

Xatesanpaidtwenty-

on3 days after demand

70. If any rates are unpaid for the sprtcc of twenty-one days

may ic

distraiocd for. after demand in writing shall have been served upon thc occupier,

or left at the house, laiid or tenement rated and assessed therefor,

tlrc Commissioner or collector or his assistant may thereupon,

without

*

26" & 27" VICTORIZ, No. 17,

Port Adelaide 'CYaterworks Act.-1 863,

without any warrant, enter into any part of the premises, and Rarer-

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 Lands

when rates are in

sioner to cause to he publishecl three tinres in the 8024th Austr*abian

arrear for the space of two years, it shall be lawful for the Commis* amear. annexecl; and if after one year from the last publication of the notice, the rates doe at the time of the first publication thereof are still unpaid, the Commissioner niay let the same from year to year, and may receive the rents and apply the same towards the payment of the rates, and hold any surplus for the owners of the lands, or by petition to the Supreme Court or any Judge thereof, may apply for a srtle of the lands described in such noticc, or of so much thereof as may be necessary; and the Court or Judge, on .being satisfied by affidavit or otherwise that thc arrcnrs are lawfully dnc, and were in arrcar at the time of the first publication of such notice, and that all things required by this clause to bc done have been done, shall order the sale OF the said lands, or so much thereof as shall be sufficient to pay the arrears and interest at tht? rate of Five Pounds per centum per annum, from the time of the first publi- cation of the notice, together with all costs of and attending the noticc, and the costs of and attending the application, and cf and attending the sale by public auction, and the proceeds to be paid into Court; and the Court or a. Judge may order payment

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,

72. The Coinmissjoner may

cut off

the water supply from any ~ a t e r s u p p b

may

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 the

same 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

26%

27" VICTORIB, No. 17.

Port Adelnide Waterworks Act.-1 863.

Bates.

73. Any tenant of lands under lease for a less period uncxpircd

Tenant mn recover

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

ipca when lease has

,

Pm tbm

five years to on to the said lands.

run.

0

fences.

74. Any person using or allowing to be used the water laid on to

-

-

-

Penalty for illegal

lands occupied by him for other than domestic or building purposes,

use of watcr

excent in cases of fire. or under a11 agreement with the Corninissione~

und& clause 62 of this shall bg liable to a pcnalty of not less

than Two Pounds ar,d not morc thm Twcnty Pounds for every day

during which the oLnce shall be committed.

Penalty for faIse

declaration of number

75. Any person who shall make a false declaration of the average number of cattle kept by him upon his lands shall be liable to a penalty of not less than Kve Pounds or more than Fifty Pounds.

of cattle kept.

AccountsOfwcc~t 76. The Commissioner shall in each yeas cause an account in

and expenditure.

-

abstract tr, bc prcparcd of the whole receipt and expenditure of all

Annual

made up by Commis- be moneys advanced to him, and of all rates or other moneys levied

sioner, and published under the powers of this Act, for the year preceding, under the

in ~ m t t s. several distinct heads of receipt ancl expenditure, with a statement

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

damages and Act directed to be paid, and the method of ascertaining thc amount

77. In all cases where any damages, costs, or expenses are by this

penalties.

_ _ _ _ - or enforcing the payment thereof is not provided for, such amount,

in case of dispute, shall be ascertained and determined and recovered

PmvisiOn

sot otherwise

for PO-

vi&a tor.

in a sumnzary way by and before two Justices of the Pcacc for the

-

said Provinck.

Appropriation of

moneys.

78. All fines, penalties, and arrears of money, levicd or recovered under this Act, shall, so far as not otherwise specially appropriated, be paid to the Treasurer, to be by hiill carried to the credit of the

said Commissioner fbr thc purposes of this Act.

Tender of amends.

79. If any person shall have committed any irregularity, trespass,

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 money

as 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

and protection of

within six calendar months after the fact was committed, and not

AB to

proceedings

otherwise, and notice in writing of such action, and the cause thereof, ,@inst perflons acting'

shall be given to the defendant one calendar month at least before under

Notico

this

of action.

Act.

the commencement of such action; and in any such action the General issuo.

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 Ton&r of amends.

shall recover in any such action if tender of sufficient amends shall have been madc bifofore such action brought, or if a sufficient sum of moncy shall have been paid into Conrt after such action brought by or on bchalf of the defendant, together with the costs incurred up to

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-

Appeal.

-

name No. 6 of 1860, to fttcilitate the performance of the duties of ' convictions and orders from any ordcr of a Justice or Justices, ulider the provision of this Act, and from any order of Justices dismissing

an information laid under this Act, and no order of Justices or of

the Local Court shall be removed into the Supreme Court by

certiorari or otherwise,

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

this Act.

D. DALY, Governor.

SCHEDULES

26" & 27" VICTORIZ, No. 17.

Port Adelaide TVaterworks Act.--1863.

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 R pm., 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 the South

Arcstralian Got~ernme?tt

Gazetle.

Dated, &c.

Notice o f Appeal from Assessment.

PORT A ~ E L A T ~ F:

WATERWORKS.

In the Locnt Court

To the Commissioner of Waterworks, and to all whom it may

of' Port Aclclaide,

concern.

Take notice, that I appcnl against thc assessrr.cnt [or alteration, notice whereof appears in the South Australian Gouemment Gncetle of the

day of

18 ] ,on theg round tha t

Dated, &c.

Wotics of Reduction of Scale o_f Bates.

PORT

ADELAIDE

WATERWORKS.

Notice is hereby given, that the scale of rates for this undertaking has been

reduced by [one-tenth, or the like], and this reduction will take effect on the [Blst

January, 18

,

or 30th June, 18

.]

Dated, &c.

Commissioner.

1,

9 of

, do hereby declare that the average

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 the case may be].

Dated, &c.

Nor8.-If

the premises have been occtlpied for the preceding aix months, insert dame to th i

effect :-[And

I do further declare that the average number kept by me at the aforesaid

during the preceding six months has not exceeded

j.

E

26" & 27O VICr'ORIX, No, 17.

Port Adelaide

Waterworks ~ c t. 1 8 6 3.

E

POET

ADELAIDE

W A T E R W O R I I ~.

DIST~RCT

OF

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

[or respective sztms] set opposite to the description of such land in the schedule

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 one ycar from the first publication of this notice, the Commissioner may let the same from year to year, in manner provided by the Port Adelaide Water- works Act, 1863, or an application will be made to the Supreme Court of this Province, or a Judge thereof, for an order for the sale of the said lanis, or so much as may be necessary to produce the rates so due and costs, as aforesaid, and also the costs of and attending the said al~plication.

Dated

Commissioner.

TIIE S c n a ~ u ~ s.

Exact Description of Land.

Name of Owner or Reputed

Amount of Rates

Owner, as far as known,

due.

L I _ _ _ I _ - - 7 - - -

Declaratz'on that Tenement is Unoccupied.

1,

,

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

, 18

, was unoccupied during

clear months, com-

mencing

, and ending

, 18

.

Dated

(Signed)

I

Adelaide : Printed by authority, by W. C. Cox, Qovernment Printer, Victoria-square.

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